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HomeMy WebLinkAboutCedar Springs Professional Center PP-03-044 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03/09/04 C/C 03/16/04 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR CEDAR SPRINGS PROFESSIONAL CENTER FOR 5 BUILDABLE LOTS AND 1 COMMON/OTHER LOT ON 5.51 ACRES IN A PROPOSED CoN ZONE LOCATED ON THE NORTHEAST CORNER OF USTICK ROAD AND VENABLE LANE, WITHIN SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO Case No. PP-03-044 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: KEVIN HOWELL, APPLICANT The above entitled matter coming on regularly for public hearing before the City Council on March 9, 2004 and continued until March 16, 2004, and Anna Powell Planning Director for the Planning and Zoning Department, Daren Fluke, Joe Simunich, and Bill Jackson, appeared and testified, and the City Council having received a report ITom Brad Hawkins-Clark Principal City Planner for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician ill, and the City Council having received as part of the record of this matter the recommendation to City Council ofthe Planning and Zoning Commission and the applicant FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROY AL OF PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER / (pP-O3-O44) lof15 having submitted the preliminary plat "PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER, PRELIMINARY PLAT & CONCEPUTAL ENGINEERING PLAN CEDAR SPRINGS PROFESSIONAL CENTER, A PORTION OF THE SE v., SECTION 36 TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN MERIDIAN, ADA COUNTY, IDAHO, CAD FILE: 11960-pre, PROJ. #. GAL\11960, DRAWN BY: LDW, DESIGN BY: DSF, CHECKED BY: GAL, LAST UPDATED: 12/02/03, SHEET 1/0F I, HANDWRITTEN DATE: 12-2-03, HOWELL-MURDOCH DEVELOPMENT CORP.- DEVELOPER, J-U-B ENGINEERS, INC. - ENGINEERS", Howell-Murdoch Development, Corp., Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, InITastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned R-4, however, an application for re-zoning to C-N is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 H] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. The proposed uses are in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDillONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER / (pP-O3-044) 2 ofl5 compliance with the sample uses for this mixed use classification. Venable Lane is located at the half-mile line between Meridian Road and Linder Road. These half-mile locations are shown in the Comprehensive Plan (Chapter VI) as future collector roadways. The plat appears to dedicate sufficient right-of-way and meets the minimum street buffer widths to comply with a Collector street classification. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. It is found that roadway improvements will be required on Ustick Road to handle the additional traffic generated by this and future development. If Venable Lane is extended south of Us tick Road in the future, warrants may be met to require a traffic signal, Sanitary sewer and water are either currently available or under construction to provide service to the area. On January 9,2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. This development will not cause excessive additional requirements at public cost. The White Drain Trunk extension was funded by the City of Meridian but will not create new demands on the public coffer for this development. Other required site improvements will be funded and constructed by the developer. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician ill, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDmONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER / (pP-O3-O44) 3 of15 for the proposed development. It is found that public services are available to accommodate the proposed development. (Also see number 3 directly above for further information on this matter.) 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. The developer is required to install sewer, water, utilities and irrigation, for the development at their cost, it is found that the subdivision will not conflict with the capital improvement program. It is found that the City and its related services are capable of servicing the proposed development. The development will not require major expenditures for providing supporting services. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as the "PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER, PRELIMINARY PLAT & CONCEPUTAL ENGINEERING PLAN CEDAR SPRINGS PROFESSIONAL CENTER, A PORTION OF THE SE 11., SECTION 36 TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN MERIDIAN, ADA COUNTY, IDAHO, CAD FILE: 11960-pre, PROJ. #. GAL\11960, DRAWN BY: LDW, DESIGN BY: DSF, CHECKED BY: GAL, LAST UPDATED: 12/02/03, SHEET 1/0F I, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDmONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER / (pP-03-044) 4 of15 HANDWRITTEN DATE: 12-2-03, HOWELL-MURDOCH DEVELOPMENT CORP. - DEVELOPER, J-U-B ENGINEERS, INc. - ENGINEERS". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by having submitted the "PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER, PRELIMINARY PLAT & CONCEPUTAL ENGINEERING PLAN CEDAR SPRINGS PROFESSIONAL CENTER, A PORTION OF THE SE y., SECTION 36 TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN MERIDIAN, ADA COUNTY, IDAHO, CAD FILE: 11960-pre, PROJ. #. GAL\11960, DRAWN BY: LDW, DESIGN BY: DSF, CHECKED BY: GAL, LAST UPDATED: 12/02/03, SHEET 1/0F 1, HANDWRITTEN DATE: 12-2-03, HOWELL- MURDOCH DEVELOPMENT CORP. - DEVELOPER, J-U-B ENGINEERS, INC. - ENGINEERS", Howell-Murdoch Development Corp., Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Comments and Recommendations ofthe Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. All conditions of the accompanying Rezone (RZ-03-013) application shall also be considered conditions of the Preliminary Plat (pP-03-044). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMJNARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER / (pP-O3-044) 5 of15 2. If the future Ustick Road right-of-way is not being dedicated to ACHD at the time of plat recordation, locate said future right-of way on a separate common lot in the subdivision. These common lots shall be shown on the final plat. Whether dedicated or not, said land shall be landscaped in accordance with MCC 12-13-10-9. The Ustick Road sidewalk shall be detached and constructed in conformance with MCC 12-13-10-8. 3. In accordance with MCC 12-13-12, the subdivider shall provide a minimum 20-foot wide landscape buffer along the north property line adjacent to the future school property. For the landscape buffer on the east property line, the subdivider shall comply with one of the following conditions: a. If the owner of Ada County Parcel S0436438801 (Brinegar) submits a written statement to the City that the proposed buffer width is acceptable, no modifications to the Site Plan or Landscape Plan need to be made. b. Otherwise, to comply with MCC 12-13-12-4, the landscape buffer adjacent to Building "B" must be widened to at least 20 feet between the property line and the building. 4. Construct a minimum 25-foot wide landscape buffer/common lot along Ustick Road. Said landscape buffer shall be located beyond any future street right-of-way, as proposed. Construct a landscape buffer on Venable Lane, north of Us tick Road, as approved through the companion CUPIPD application (CUP-03-067). 5. All buildable lots shall utilize a common driveway to access adjacent public streets. Said common driveway shall be constructed a minimum 25-feet wide and designed to ACHD construction standards. A permanent, non-exclusive ingress/egress easement shall be provided for all lots within the subdivision across the common driveway. The Applicant shall also record a non-exclusive cross parking/cross access easement for Lots 12-15. 6. Construct a median planter island in the center of the commercial driveway offUstick Road, as proposed. Said planter shall be fully within Lot 17. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER / (pP-O3-044) 6 of15 7. 8. Revise the preliminary plat to provide a minimum 7- foot wide, attached, concrete sidewalk on the east side of Venable Lane. The submitted landscape plan prepared by JensenBelts Associates., and dated 11-14-03, shall be modified to reflect the following: a. Street buffer along Ustick Road shall be modified to reflect the required detached sidewalk, per condition #2 above. b. Modify the plan to show a IO-foot wide gravel shoulder along Ustick Road (MCC 12-13-10-9). The remainder of the unimproved right-of-way shall be landscaped with grass/sod, as proposed. A license agreement ITOm ACHD for landscaping within the right-of-way will be required. c. Add a note that states any tree over 4" in caliper that is removed ITom the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. d. The new micropathlpathwaybetween Lots 13 and 14 shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping" and MCC 12- 4-3 "Pedestrian Walkways." Micropath fencing shall be shown per MCC 12- 13-15-9. e. Said revisions shall be reflected on the detailed landscape plan to be submitted with the final plat application. 9. Revise the preliminary plat to reflect all existing easements of record that may impact the property. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 10. The Applicant has indicated that the pressurized irrigation system within this development is to be owned and operated by the Nampa Meridian Irrigation District (see Note #6). Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12- 5-2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER / (pP-O3-044) 7 of 15 11. 12. 13. 14. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the [mal plat by the City Engineer. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to development plan approval. Sanitary sewer service to this subdivision shall be via a main trunk extension to the existing White Drain Trunk in the Cedar Springs Subdivision. The applicant will be responsible to construct the sewer mains through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service.. Municipal water to this site shall be via extensions ITom existing mains in Ustick Road. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Maintenance of all common areas shall be the responsibility of the Cedar Springs Professional Center owner's association. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24-hours for all storms up to and including a 100-year storm events. Side slopes within drainage areas shall not exceed 3:1. Any portion ofa drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation ofthe crawl spaces of homes is at least I-foot above groundwater. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDmONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER / (pP-O3-O44) 8 of15 15. A 25-foot vehicular cross-access easement agreement shall be provided for the property owner to the east (Ada Co. parcel No. S0436438801), located somewhere between Buildings A and B. GENERAL REOUIREMENTS-PRELIMINARY PLAT 1. Coordinate fIre hydrant placement with the City of Meridian Public Works Department. 2. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc. that has not been completed. 3. A detailed landscape plan, in compliance with the Landscape Ordinance, shall be submitted for the subdivision with the final plat(s) application. 4. Unless otherwise approved, all sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the fmal plates), all sidewalks shall be constructed or a financial gnarantee that said improvements will be completed shall be provided (MCC 12-5-3). 5. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit ITom the Public Works Department prior commencing installations. 6. Any existing domestic wells and/or septic systems within this project will have to be removed ITom their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDmONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRJNGS PROFESSIONAL CENTER / (pP-O3-044) 9 ofl5 B. 8. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant ofresponsibility for compliance. 9. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. Adopt the Recommendations of ACHD as follows: 1. Construct Venable Lane as one-half of a 40-foot street section with curb, gutter, 5-foot concrete sidewalk on the east side of Venable Lane and a minimum of 24-feet of pavement within 40-feet ofright~of-way. 2. Construct a 30-foot shared curb return type driveway that intersects Venable Lane approximately 270-feet north of Us tick Road, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement ofthe roadway and install pavement tapers with 15- foot radii abutting the existing roadway edge. 3. Construct a 48-foot shared curb return type driveway with an 8-foot center island within it that intersects Ustick Road approximately 140-feet west of the east property line, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement ofthe roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 4. Other than the Access point that is specifically approved with this application, direct lot access to Ustick Road is prohibited. Access restrictions will be required to be noted on the [mal plat. 5. Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of- way. 2. All utility relocation costs associated with improving. street ITontages abutting the site shall be borne by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDmONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER / (pP-O3-044) 1O0f15 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Mannal, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdahoshall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change ITom the Ada County Highway District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER / (pP-O3-O44) l10f15 11. Any change by the applicant in the planned u~e of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. c. Adopt the Meridian Fire Department Recommendations as follows: 1. That a fire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fITe hydrant locations shall be by the Meridian Fire Department. Additionally, internal fire hydrants will be required for the project. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All entrances and internal roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and access roads are required before combustible construction begins. 7. All building uses and processes to comply with the fire code in effect at the time of construction. 8. No vertical obstructiQns or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 9. Vertical clearance for driveways shall be 13'6", this may affect tree placement in landscaping areas. 10. All fITe lanes shall have a clear driving surface which is20' wide available at all times. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER / (pP-O3-044) 12 of15 D. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval ITomappropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. All municipal surface drainage should be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 4. The Developer must comply with Idaho Code 31-3805. 5. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. F. Adopt the Recommendations/Comments of Joint School District No.2 as follows: 1. Directly north of the rezone for Cedar Springs Professional Center is a future school site. Joint School District No.2 is in the progress of acquiring this site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRlNGS PROFESSIONAL CENTER / (pP-O3-O44) 130f15 G. 4. 5. Adopt the action of the City Council taken at their March 16, 2004 meeting as follows: For clarification: 1. The revised Site/Landscape Plan (Sheet 1-1, by Jensen Belts) is dated 3/8/04. The CUP shall also reflect this revised plan. 2. The new fuel island canopy elevations sheet (by LAB Architect) is dated October, 2003. The CUP shall also reflect the revised sheet in Condition #6 of the Recommendations. 3. The revised Site/Landscape Plan reflects most of the modifications required, but the Plan does !1!!1. reflect the following: . a detached sidewalk on Ustick Road (PP condition #2) . right-of-way landscape improvements adjacent to Ustick Road (pP condition #8.b.) . parallel parking stall change (CUP condition #7, page 2) The above modifications (3 above) must be made during the Final Plat and/or CZC approval process. The proposed school site is presently conceptual, as the school district has not decided on a layout as of yet. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER / (pP-O3-O44) 14 of15 Please take notice that this is a final action of the governing body ofthe City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. Byac~the City Council at its regular meeting held on the IJ.rf, day of /2. ,2004. , ROLL CALL COUNCILMAN SHAUN WARDLE VOTED* VOTED~ VOTED --þ VOTED~ VOTED- COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER)