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HomeMy WebLinkAboutInitial Point Subdivision PP-04-012 THE CITY COUNCIL OF THE CITY OF MERIDIAN CIC 06/22/04 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT APPROVAL OF SIX (6) BUILDABLE LOTS AND ONE (1) COMMON LOT ON 2.82 ACRES IN A C-G ZONE FOR INITIAL POINT SUBDIVISION, LOCATED APPROXIMATELY 300 FEET ON THE SOUTH SIDE OF E. FAIRVIEW AVENUE,BETWEEN MAIN STREET AND LOCUST GROVE, IN SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO Case No. PP-04-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: ROBNETT CONSTRUCTION, APPLICANT The above entitled matter coming on regularly for public hearing before the City Council on June 22, 2004, and Anna Powell Planning Director for the Planning and Zoning Department, and Chad Kinkela, appeared and testified, and the City Council having received a report from Brad Hawkins-Clark for the Planning and Zoning Department, and additional Site Specific Conditions/Preliminary Plat from Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the Preliminary Plat "PRELIMINARY PLAT FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION 1 (pP-O4-012) Page 1 of15 INITIAL POINT SUBDIVISION, LOCATED IN A PORTION OF THE NW ~ OF THE NE ~ OF SECTION 7, T.3N., R.lE., B.M., MERIDIAN, ADA COUNTY, IDAHO 2004, PRELIMINARY PLAT INITIAL POINT SUBDIVISION ROBNETT CONSTRUCTION, SHEET PP-l, REVISED NO. I DATE 03-19-4 DESCRIPTION REVISION PER CITY OF MERIDIAN, TERRY PEUGH - SURVEYOR, CHAD KINKELA - ENGINEER, LAMONT AND LYNN KOUBA - OWNER, SHANNON ROBNETT - DEVELOPER, BAILEY EINGINEERING, INC.", Robnett Construction, 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 defmed in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned CoG, and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 K] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. This site is currently designated as "Commercial" on the Comprehensive Plan Future Land Use Map and is zoned CoG. In Chapter vn of the Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION 1 (pP-O4-012) Page 2 of15 "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. The following are Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application: Chapter VI, Goal II, Objective A, Action item 12 Chapter V, Goal III, Objective D, Action item 5 Chapter IV, Goal I, Objective A, Action item 6 3. On April 23, 2004, a joint agencyldepartment comments meeting was held with representatives of key service providers to this property. All service providers present stated that their services are available to the site. The conditions and requirements from the various entities are listed in paragraph number 2 of the Order herein below. 4. The developer is installing sewer, water, and utilities for the development at their cost, and it is found that the subdivision will not conflict with the capital improvement program. 5. It is found that there will be no extraordinary costs to the public or City of Meridian to provide supporting services to the development. The Meridian Parks Department facility plan (and Comprehensive Plan Future Land Use Map) call out a public, multi-use pathway adjacent to the Five Mile Creek in the southwest comer of this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION 1 (pP-O4-012) Page 3 of15 development. To help defray the cost to the public, the developer shall construct the pathway. 6. A portion of the Five Mile Creek floodway encroaches onto one of the buildable lots within the subdivision (Lot 7). Plat note # 10 states that fill to be brought into the site will vary from 0 - 2 feet in depth to achieve the required FEMA grades. 7. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval ofthe preliminary plat as hereinafter set forth. 8. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as "PRELIMINARY PLAT FOR INITIAL POINT SUBDIVISION, LOCATED IN A PORTION OF THE NW ~ OF THE NE ~ OF SECTION 7, T.3N., RIE., B.M., MERIDIAN, ADA COUNTY, IDAHO 2004, PRELIMINARY PLAT INITIAL POINT SUBDIVISION ROBNETT CONSTRUCTION, SHEET PP-l, REVISED NO. I DATE 03-19-4 DESCRIPTION REVISION PER CITY OF MERIDIAN, TERRY PEUGH - SURVEYOR, CHAD KINKELA - ENGINEER, LAMONT AND LYNN KOUBA - OWNER, SHANNON ROBNETT - DEVELOPER, BAILEY EINGINEERING, INC.". 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION 1 (pP-O4-012) Page 4 of15 IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by having submitted the Preliminary Plat "PRELIMINARY PLAT FOR INITIAL POINT SUBDIVISION, LOCATED IN A PORTION OF THE NW ~ OF THE NE ~ OF SECTION 7, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO 2004, PRELIMINARY PLAT INITIAL POINT SUBDIVISION ROBNETT CONSTRUCTION, SHEET PP-l, REVISED NO.1 DATE 03-19-4 DESCRIPTION REVISION PER CITY OF MERIDIAN, TERRY PEUGH - SURVEYOR, CHAD KINKELA - ENGINEER, LAMONT AND LYNN KOUBA - OWNER, SHANNON ROBNETT - DEVELOPER, BAILEY EINGINEERING, INC", Robnett Construction, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendation of the Planning & Zoning Commission as follows: 1. Add a new "Site Specific Condition" which states that all common areas (Lot 1) shall be maintained by a business owner's association. B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS œ&ZDEPARTMENT) 1. The following conditions of the annexation ordinance for the subject property (#736) shall be complied with as a condition of this plat: a) Connect to Meridian water and sewer services b) Development of the property shall be subject to and controlled by the Zoning Ordinances, the Subdivision and Development Ordinance, and the Meridian Comp Plan, adopted January 4, 1994 c) Enter into a Development Agreement with the City (see #2 below) d) These conditions shall run with the land and bind the Applicant, the titled FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION 1 (pP-O4-012) Page 5 of15 owners, and their assigns 2. A signed and recorded copy of the DA must be completed prior to issuance of a Certificate of Zoning Compliance for the subject property. The DA shall address, among other things, the eleven (11) parking spaces designated for Ultra Touch Carwash and which were required as part of their Conditional Use Permit. 3. Provide a note on the plat granting future vehicular cross-access to the Yuan Trust parcel to the west to utilize the northern drive aisle within Initial Point Subdivision (Lot 1, Block 1). Maintenance of all drive aisles and parking areas shall be provided for with a note on the plat, ANDIOR a recorded document such as an express easement or CCR' s. The applicant shall provide the required documents prior to the City Engineer's signature of the final plat. 4. To complywithMCC l2-13-11-2.B, the applicant must provide a minimum five (5) foot-wide landscape strip along any portion of the north and west boundary that is adjacent to pavement (existing or future). Said strips shall be shown on future detailed landscape plans for individual lots. Because ofthe existing sewer easement, plant low-lying shrubs, not trees, within these required landscape strips. 5. Remove the street name "N. Lakes Avenue" from the face of the plat. (To date, the commercial driveway has not been approved as either a public or private street.) 6. Comply with Ordinance 12-13-14-2, Design Guidelines for Stormwater Areas, in the detailed design of the storm pond shown in the southwest comer. Submit details with the Certificate of Zoning Compliance application. 7. The submitted landscape plan, prepared by The Land Group, Inc., dated 3-25-04 is not approved and a detailed landscape plan shall be submitted with the final plat application. Phasing within the individual building lots is approved and allowed with staff approval. (Per action of the City Council taken at their June 22,2004 meeting.) If the Buffer BetweeB l¡mll useG ¡mil the perimeter l¡mèsellfJe Gkips arB IIfJPrO'iBIl te Be èelayell Iffitil Ïftèi'AèHallBt pBlHlitG, this eoallitiea Ghall BeeeffiB ffiIll æià '¡Biè. (Deleted per action of the City Council during their June 22,2004 meeting.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION 1 (pP-O4-012) Page 6 of15 8. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-2. 9. 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 MCC 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 not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 10. A final plat shall be filed with the County Recorder within one year after written approval by the Council (MCC 12-3-8). The Applicant shall have one year ttom the approval date of the final plat, to begin construction of the public utilities and one year thereafter to complete construction of those public facilities (MCC 12-2-4). 11. All common areas of the subdivision (shown as Lot 1) shall be maintained by a business owner's association. SITE SPECIFIC CONDITIONS (PUBLIC WORKS DEPARTMENT) 1. The applicant shall not be required to tile or cover the Five Mile Creek. All other ditches, canals or laterals to be piped shall be shown on plans, which shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The 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 final plat FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION 1 (pP-O4-0 12) Page 7 of15 by the City Engineer. 3. Sanitary sewer and water service to this site shall be via main line extensions from existing mains installed adjacent to the property. The applicant shall be required to extend sewer and water mains to and through the proposed development, thereby making them available to the adjacent properties. The Applicant shall 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. STANDARD PRELIMINARY PLAT CONDITIONS: 1. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash surety in the amount of 11 0% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc. that has not been completed. 2. Streetlights may be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense of the applicant. 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 from the Public Works Department prior commencing installations. 3. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance II-l4-4.C. 4. Please submit groundwaterlsoils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with 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 of a 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. 5. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION 1 (pP-O4-012) Page 8 of15 prohibited, and will be removed upon three (3) days notice to the applicant. 6. Coordinate mailbox locations with the Meridian Post Office. 7. Any existing domestic wells andlor septic systems within this project will have to be removed from 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. 8. 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. 9. Staff's failure to cite specific ordinance provisions or terms of the approved annexation does not relieve the applicant of responsibility for compliance. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval I. Comply with all Standard Conditions of Approval. 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 frontages abutting the site shall be borne by the developer. 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 Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION 1 (pP-O4-012) Page 9 of15 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 of the 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 of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use 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 waiverlvariance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: 1. A fire hydrant will be required to serve this development. Final approval ofthe fire hydrant location shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION 1 (pP-O4-012) Page 10 of15 c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 3. Provide a 20' wide Fire Lane for all internal & external roadways. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. To increase emergency access to the site, a minimum oftwo points of access will be required. The applicant shall provide a stub driveway to the property to the west. The two entrances shall be separated by no less than Y> the diagonal measurement of the project. 6. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping. 7. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 8. Maintain a separation of 5' ttom the building to the dumpster enclosure. 9. Provide a Knoxbox entry system for the complex. 10. All portions of the buildings located on this project must be within 150' of a paved surface. 11. Provide exterior egress lighting as required by the International Building & Fire Codes. E. Adopt the Recommendations of the Sanitary Services Company (SSC) as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION 1 (pP-O4-012) Page 11 of15 I. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your Certificate of Zoning Compliance (CZC) application. F. Adopt the Recommendations ofthe Meridian Police Department as follows: 1. To increase emergency access to the site, the applicant shall provide a stub driveway to the property to the west. G. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Applicant shall contact Doug Strong, Meridian Parks & Recreation Director, to identify the multi-use pathway location, easement language, etc. 2. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. 3. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. H. 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 ttom appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department ofHea1th & 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION 1 (pP-O4-0 12) Page 12 of15 stormwater management system that prevents groundwater and surface water degradation. I. Adopt the Recommendations 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. The District's Five-Mile Drain courses along the southwest comer ofthis proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 5. The Developer must comply with Idaho Code 31-3805. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. J. Adopt the action of the City Council taken at their June 22, 2004 meeting as follows: For clarification: 1. As noted by Anna Powell Planning and Zoning Director, Rich Jones of 11 Auto is willing to work with the developer to provide a cross-access connection through his property 2. The pathway along Five Mile Creek shall be constructed prior to the first Certificate of Occupancy being issued for the building on Lot 7. 3. The applicant is willing to dedicate the required 11 parking spaces for joint use between the applicant's development and Ultra Touch, and such is addressed with the required Development Agreement for the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION 1 (pP-O4-012) Page 13 of15 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. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be 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. By action of the City Council at its regular meeting held on the I :3f~ day of c7ïd, , 2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED~ COUNCILMAN CHARLIE ROUNTREE VOTED~ VOTED~ COUNCILMAN KEITH BIRD FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION 1 (pP-O4-012) Page 14 of15 MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: By: j(l)úl Jlh 0 ~ fY\..., City Clerk's Office Dated: l -13 - 04 Z:\ Worl<lMlMeridianlMeridian 15360M\lnitial Point Sub PP-O4-0 12\FfCIsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION 1 (pP-O4-012) Page 15 of 15