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Murasko, Michael & Michelle AZBEFORE THE MERIDIAN CITY COUNCIL MICHAEL AND MICHELLE MURASKO APPLICATION FOR ANNEXATION AND ZONING A PORTION OF THE SE 1/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO NORTH OF FRANKLIN ROAD, WEST OF EAGLE ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for public hearing before the Meridian Planning and Zoning Commission on January 16, 1997 at the hour of 7:00 o'clock p.m., and also for public hearing before the Meridian City Council on March 18, 1997, both at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, a representative of the Applicants, Reith Loveless, hereinafter referred to as the "Representative," appearing in person, the Planning and Zoning Commission and the City Council of the City of Meridian both having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to both of said public hearings, the Planning and Zoning hearing scheduled for January 16, 1997, and the City Council hearing scheduled for March 18, 1997, the first publication of each FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. MURASKO notice being published for fifteen (15 ) days prior to said hearing; that the matter was duly considered at the January 16, 1997, and March 18, 1997, hearings; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 5.46 acres in size. 3 The property is presently zoned by Ada County as RT, Rural Transitional, and is vacant land. The Applicants request the property be zoned I -L, Light Industrial. The Applicants have requested the annexation and this zoning, and the application is not at the request of the City of Meridian. 4. The property is presently vacant and the Applicants do not presently propose a project with the property or propose a change in the land use at this time. 5. The property is north of Franklin Road and west of Eagle Road. The property is south of and borders an existing industrial subdivision. 6. Ada County Highway District (ACHD) submitted comments and requirements, all of which comments and requirements are hereby incorporated herein as if set forth in full, and some of which are more particularly set forth as follows. ACHD made a special recommendation to ITD (Idaho Transportation Department) that the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. MURASRO Applicants should not have any direct lot access to Eagle Road. ACHD made several site specific requirements, which included that there be compliance with requirements of ITD for State Highway 55 (Eagle Road) frontage; that a letter from ITD be submitted to ACHD regarding said requirements prior to ACHD approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first; that access to Franklin Road is restricted within 440 -feet of Eagle Road; that a driveway located a minimum of 440 -feet from Eagle Road may be restricted to right turns in the future if an interchange is constructed at the Franklin/Eagle Road intersection. 7. Bruce Freckleton, Assistant to the City Engineer, submitted comments which comments are incorporated herein as if set forth in full. His comments included that the legal description submitted with this application for Annexation and.Zoning appears to meet all of the criteria required by Meridian City Resolution #158, and the Idaho State Tax Commission; that sanitary sewer service to this parcel is not available at this time; that plans have been developed by Ron Van Auker for the extension of sewer into the area, however easements have not been obtained nor have they obtained full plan approval; that water service for this parcel could be from an existing main adjacent to the east of the site in Eagle Road; that the legal description submitted with this application places this parcel adjacent to the south of Olson & Bush Industrial Park, approximately 270 feet from the Lanark Street right-of-way, and approximately 170 feet north of the Franklin Road FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. MURASKO • right-of-way; that direct right-of-way access to the property from North Eagle Road is prohibited according to Dan Cantrell, Right -Of - Way agent with the Idaho Transportation Department; that the Applicants have made a directive to their engineer in their authorization to act on their behalf to "make sure that we shall have a legal right of way off of Franklin and Lanark Street for commercial use. There is no point in annexing if there are no right of ways."; and that from the information provided in the application, there does not appear to be any contiguous public right-of-way other than North Eagle Road. 8. Shari Stiles, Planning and Zoning Administrator, submitted comments which comments are incorporated herein as if set forth in full. Her comments included that this annexation and zoning request is in general compliance with the Meridian Comprehensive Plan; that the parcel was part of an illegal lot split that was made in Ada County; that the other portion of the property was annexed as the Baskin/Green property; that the western most parcel fronting Franklin Road was split off from this parcel, which lies below the ridge adjacent to the Olson & Bush Industrial Park; that an easement has been granted from Franklin Road to access this property, and no direct access is allowed from Eagle Road; that the site is shown on the Generalized Land Use Map of the Meridian Comprehensive Plan as Commercial and Industrial; that this may eventually be tied to the stub street being provided in Phase 2 of the Olson & Bush Industrial Park; that the intersection of Eagle Road/Franklin is destined to be developed as an urban FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. MURASKO 0 • interchange with grade -separated approaches; that access on Franklin Road will be limited to one access a minimum of 660 feet west of the intersection; that all ditches are to be tiled in accordance with Meridian City Ordinance unless a variance is granted; that landscape setbacks are required on Eagle and Franklin Roads; that a thirty-five feet (351) setback shall be provided on Eagle Road; that the Applicants dedicate any additional right-of- way on Eagle Road prior to obtaining building permits/certificates of occupancy; that Applicants furnish a copy of recorded warranty deed for dedication of additional right-of-way prior to obtaining building permits; that, as no use is proposed, all uses shall be governed under the conditional use permit process, which is particularly important because of the problems of access to the site and aesthetics of this entrance -corridor property; that currently, there exists only an easement from Franklin Road, and an easement from Lanark Street; that the easement from Eagle Road through Lanark Street was granted to the previous owners; that the previous owners executed a quit -claim deed to the present owner for the Eagle Road access through property owned by Ted Sigmont; that it is questionable whether this access is feasible for any use; that storage units could possible be one of the few uses compatible with such existing access; that the property will be extremely limited in usability because of the restrictive access; that there appears to be no legal frontage for the property; that the application indicates the property is currently vacant, however, there is a structure of some kind currently on the property; that FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. MURASRO the Applicants previously requested a building permit from Ada County for construction of a residential unit on the property; that it is assumed that the response to Item 15 of the application refers to the Land Use section, pages 24 and 25, of the Comprehensive Plan, although the intent of this response is unclear; and that a development agreement shall be required as a condition of annexation and additional site requirements will be detailed during the conditional use review process. 9. The Meridian Police Department, the Meridian Fire Department and the Central District Health Department submitted comments, which respective comments are hereby incorporated herein as if set forth in full. 10. The Nampa & Meridian Irrigation District submitted comments, which respective comments are hereby incorporated herein as if set forth in full. Its comments included that its Snyder Lateral courses through the project; that the right-of-way of the Snyder Lateral is 40 feet, 20 feet from the center facing downstream; that the developer must contact John P. Anderson or Bill Henson for approval before any encroachment or change of right-of-way occurs; that it requires a Land Use Change/Site Development application be filed for review prior to final platting; that all lateral and waste ways must be protected; that all municipal surface drainage must be retained on site; that if any surface drainage leaves the site, it must review drainage plans; that the developer must comply with Idaho Code Section 31- 3805; and that it recommends that irrigation water be made FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. MURASRO 0 • available to all developments with the Nampa & Meridian Irrigation District. 11. The Representative stated that their is no project for the property; it is strictly a bare land annexation. The Representative further stated that they have no problems with the comments submitted by the agencies. 12. There was a discussion between Commissioner Borup and the Representative concerning a right-of-way access to Franklin Road. The Representative stated that the right-of-way to Franklin Road is a maybe dependent upon the neighbors, but he thinks in the long term development such right-of-way access will occur. The Representative stated that the Applicants want to proceed without a right-of-way access to Franklin Road; that they have access to Lanark Street via a permanent easement. The Representative explained that the easement to Lanark Street was put together when ITD (Idaho Transportation Department) widened Eagle Road and ITD purchased the easement for the property. The Representative stated that the right-of-way to Lanark Street is 50 to 60 feet in width, but he would have to review his documents to recall the exact width. 13. There was a discussion between Commissioner Oslund and the Representative about ACHD's comments of a study for an interchange location on Eagle Road, the Applicants' easement to Franklin Road and the potential of the property being land locked with access. The Representative stated that the Applicants are not sure whether they have an access easement to Franklin, but they FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. MURASKO • have access to Lanark Street, and Lanark Street will not be shut off by an interchange or improvements. 14. Ted Sigmont stated to the Commission his opposition to the annexation of the property based upon an inability to provide utility services to the property. 15. Dale Ownby stated to the Commission that there is a recorded easement for the property which runs from the property south to Franklin Road. This easement allows for any type of utility; sewer line, water line, telephone line, electric lines; which are needed. Mr. Ownby further stated that Mr. Sigmont was correct that their is the easement across his property; it is not over property of the state of Idaho. 16. Brad Miller stated to the Commission his objection to the annexation of the property based upon an inability to access the sewer line. Mr. Miller stated that notwithstanding the easement to which Mr. Ownby testified allows for sewer, the sewage cannot flow up hill and the easement across Mr. Sigmont's property is for ingress and egress only, not for utilities. Mr. Miller further stated his objection based upon a lack of adequate access to the property. 17. With regard to the availability of sewer to the property, the Representative stated that once the sewer goes down Lanark Street and crosses Eagle Road to Mr. Van Auker's proposed project on the east side of Eagle Road, that the Applicants would have no problem acquiring an easement from the state of Idaho to run sewer within the Eagle Road right-of-way; that the Applicant's will not FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. MURASRO need to use Mr. Sigmont's property. The Representative acknowledged that sewer service is a problem until it gets down Lanark Street. 18. There were no other comments by the public regarding this application. 19. The property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 20. The property requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan and in the Meridian Area of Impact. 21. The property cannot presently be physically serviced with City sewer, but water is available from an existing water main in Eagle Road. 22. The following pertinent statements are made in the Meridian. Comprehensive Plan under ECONOMIC DEVELOPMENT, Economic Development Goal Statement. 1. Policies 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. MURASRO 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.8 The City of Meridian intends to establish a Design Review Ordinance which will foster compatible land use and design within the development, and with contiguous developments; and encourage innovations in building techniques, so that the growing demands of the community are met, while at the same time providing for the efficient use of such lands. COMPREHENSIVE PLAN CITY OF MERIDIAN at pages 18 - 19. 23. The following pertinent statements are made in the Meridian Comprehensive Plan under LAND USE, INDUSTRIAL POLICIES. 3.1 Industrial development within the urban service planning area should receive the highest priority. 3.3 Access to industrial areas from collector and local streets will be discouraged. 3.4 Industrial uses adjacent to residential areas should not create noise, odor, air pollution, and visual pollution greater than levels normally associated with surrounding residential activities. 3.5 Industrial development should be encouraged to locate adjacent to existing industrial uses. 3.6 Industrial areas should be located within proximity to major utility, transportation and services facilities. 3.7 Industrial uses which require the storage or the production of explosive or hazardous materials should not be located near residential areas, and should conform to disposal, spill and storage measures as outlined by the U.S. Environmental Protection Agency. 3.8 Industrial uses which require the storage or production of explosive or toxic materials should FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. MURASKO be excluded from any area which has a potential of flooding from natural runoff or canal breakage. 3.9 Industrial uses should be located where discharge water can be properly treated or pre-treated to eliminate adverse impacts upon the City sewer treatment facility and irrigated lands that receive industrial runoff water. 3.10 Industrial uses should be located where adequate water supply and water pressure are available for fire protection. 3.11 Zoning and development within each of the Industrial Review Areas should be analyzed to ascertain if there are potential problems or conflicts which would hinder the development of these areas by private industrial and business interests. 3.12 All industrial proposals that pertain to the Industrial Review Areas shall be reviewed and monitored by the City Council or designated commissions or committees, so that approved uses are compatible with surrounding planned uses and preserve the integrity of the review areas. Eastern -Eagle Road Light Industrial Review Area. 3.14 The character, site improvements and type of light industrial developments should be harmonized with the residential uses in this area. 3.15 The City of Meridian shall encourage the development of a Technological park and compatible light industrial uses within the proximity of the Idaho Foreign Trade Zone. 3.16U Land uses within the Eastern Light Industrial Review area must be clean, quiet, and free of hazardous or objectionable elements. 3.17U It is the policy of the City of Meridian to encourage and promote light industrial development in the Eastern Light Industrial Review Area. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 24 - 25. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. MURASKO 24. In the Meridian Comprehensive Plan under TRANSPORTATION, Franklin Road, East of Meridian Road, and Eagle Road, North of Overland Road are designated as Principal Arterials. See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 43. 25. In the Meridian Comprehensive Plan under COMMUNITY DESIGN, Entryway Corridor, Franklin Road (East and West entrances) and Eagle Road (East and West entrances) are designated gateway arterials. See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 72. The COMPREHENSIVE PLAN CITY OF MERIDIAN provides the following statements under COMMUNITY DESIGN relative to entrance corridors: Entrance Corridors Goal Statement Promote, encourage, develop and maintain aesthetically -pleasing entrances to the City of Meridian. 4. Policies 4:1U Jointly plan entryway corridors to Meridian with Nampa and Boise. 4.2U Support ACHD corridor development standards for the entryways to the City. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business or residential development on entrance corridors. 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 73. 26. The property is included within an area designated on the Generalized Land Use Map at page 4 of the COMPREHENSIVE PLAN CITY OF MERIDIAN as a Light Industrial. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. MURASRO • � J 27. The requested zoning of Light Industrial (I -L) is defined in the Zoning Ordinance at 11-2-408 B. 14. as follows: lI-L1 Light Industrial: The.purpose of the (I -L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free. of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for' industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 28. That at the City Council hearing there was discussion between the Mayor, City Councilmen, City Engineer, City Attorney, and the Representative of the Applicant, Reith Loveless, that pertained to annexation of land into the City and the requirements of the City dealing with construction and placement of City sewer and water facilities, when such facilities should be constructed, that if such facilities are not constructed the land should not be annexed, or if already annexed, it should be de -annexed, and which entity, the annexation applicant, the person or entity that desired the services, or the City, had the responsibility to pay the cost of construction, gaining and/or paying for easements, and/or access to and for the sewer and/or water lines. 29. That the Water and Sewer Ordinances of the City state, in 5-124, 5-124A, 5-124B, 5-140 and 7-527, 7-527A, and 7-527B, state that it shall be the property's owner, or the owner's agent, who FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. MURASRO • 0 has the responsibility to pay for the cost of the extension of water or sewer lines and facilities, whether the extension is on the property or outside of the property. 30. That all owners, subdividers, and/or developers, of land in the City of Meridian have been in the past, and are now, required to construct and place sewer and/or water lines and facilities to serve the land that they owned or were developing, and pay for all cost of construction, permits, licensing, obtaining access or easements, and any other cost; that such construction and/or placement of sewer and/or water lines has been required to be done at the time that the property is developed or a use is desired to placed on the property. 31. Proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. The City of Meridian has authority to annex land pursuant to Idaho Code, Section 50-222 and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian. The exercise of the City's annexation authority is a legislative function. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. MURASKO • 0 3. The Planning and Zoning commission has judged this annexation and zoning application under Idaho Code Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it may take judicial notice. 4. All notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. The annexation application has been initiated by the Applicant, and is not upon the initiation of the City of Meridian. 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 Ptd. 1075 (1983). 9. The development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements; Section 11-9-605 M., which pertains to the tiling of ditches and waterways; and 11-9-606 14., which requires pressurized irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. MURASRO 10. The Applicants stated no proposed use of the property; therefore it cannot be determined if the use would be in compliance with the Comprehensive Plan, however any uses would have to comply with the Zoning Ordinance. 11. The City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan. Thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use. It is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 12. The Applicants have not stated or represented their intention as to development. It is therefore concluded, as a condition of annexation and zoning, that any use or.development of the property shall only be allowed under the conditional use process. 13. It is concluded that the City could annex the property and zone it (I -L) Light Industrial, but once the property was zoned (I -L) Light Industrial, the Applicants could place many different uses on the property without additional approval from the City other than building permits, which limits the control that the City should have over the development and the uses of the property due to the mandates of the Comprehensive Plan. 14. As the COMPREHENSIVE PLAN CITY OF MERIDIAN provides under LAND USE, Eastern -Eagle Road Light Industrial Review Area in 3.14 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. MURASRO • 0 and 3.16U, at page 25, that the character, site improvements and type of light industrial developments should be harmonized with the residential uses in the area; that land uses in the Eastern Light Industrial Review area must be clean, quiet, and free of hazardous or objectionable elements; and that because the City should have control over any uses that are to be placed on the land, it is therefore concluded that development of the property shall be under the conditional use permit process. 15. It is concluded that the property should be annexed and zoned (I -L) Light Industrial, but only capable of being developed under the conditional use permit process. 16. As a condition of annexation and the zoning of (I -L) Light Industrial,. the Applicants shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: a. Inclusion into the development the requirements of 11-9-605; b. Payment by the Applicants, or if required, any successors in interest, assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City; C. Addressing the property access linkage, screening, buffering, transitional land uses and traffic study; d. An impact fee, or fees, for park, police, and fire services as determined by the City; e. Appropriate berming and landscaping; f. Submission and approval of any required plats; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. MURASRO • 1, 0 g. Submission and approval of individual building, drainage, lighting, parking, and other development plans of the property; h. Harmonizing and integrating the site improvements with the surrounding residential development and other development; i. Establishing the 35 foot landscaped setback mentioned in the Comprehensive Plan and landscaping the same; j. Addressing the comments of the Planning Director, Shari Stiles; k. The sewer and water. requirements; 1. Traffic plans and access into and out of any development; and m. Any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing. 17. Section 11-2-417 D of the Meridian Zoning Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. It is concluded, however, that it is more appropriate for a development agreement to be entered into when plans for development. of the property are determined, and therefore as a condition of annexation a development agreement must be entered into prior to development of the property or issuance of final plat approval. 18. It is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, and it FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. MURASKO is concluded that the annexation shall be conditioned on meeting the requirements of these Findings of Fact and Conclusions of Law and if they are not met the land may be de -annexed. 19. The requirements of the Meridian City Engineer, Ada County Highway District, Meridian Planning Administrator, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in a development agreement. 20. All ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de -annexation. 21. Pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de -annexation. 22. The Applicants shall be required to connect the property to Meridian water and sewer, extend the water and sewer lines 'to serve.the property, and resolve how the water and sewer mains will serve the property, all such things at Applicant's, or their successor's, or successors' cost; the previously- mentioned water and sewer requirements shall be performed on or before the time that the Applicants or their successor, or successors, desire to use the property or place a user on the property. 23. The development of the property shall be subject to and controlled by the Zoning and Development Ordinance and the development agreement, and it shall only be developed under the conditional use process. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. MURASKO 0 24. These conditions shall run with the land and bind the Applicants and their successor or successors in interest, assigns, heirs, executors or personal representatives. 25. With compliance of the conditions contained herein, the annexation and zoning of the property as (I -L) Light Industrial would be in the best interest of the City of Meridian. 26. If these conditions of approval are not met, the property shall not be annexed, or if already annexed, it may be de -annexed by the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. MURASKO APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions.. a.5 a -n ert de ilJ 6-t a -u a rE'.!'fi car 6x� ROLL CALL COUNCILMAN MORROW VOTED COUNCILMAN BENTLEY VOTED ;. COUNCILMAN ROUNTREE VOTED COUNCILMAN TOLSMA VOTED MAYOR CORRIE (TIE BREAKER) VOTED DECISION The Meridian City Council of the City of Meridian hereby decides that the property set forth in the application should be approved for annexation and zoning under the conditions set forth in these. Findings of Fact and Conclusions of Law; that if the Applicant is not agreeable with ,these Findings of Fact and Conclusions and/or is not agreeable with entering into a development agreement and adopting covenants, conditions and restrictions, the property should not be annexed. There shall be no development or use whatsoever of the property set forth in the Application for anything other than, and a part of, a Mixed Planned Development. All uses of the land must first be approved under the conditional use process. MOTION: APPROVED J&�DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21. MURASKO