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HomeMy WebLinkAboutSouthern Springs Subdivision No. 2 PP-03-036 R~CEIVED JAN 3 (, 2004 City Of Meridian City Clerk Office BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR SOUTHERN SPRINGS SUBDIVISION NO.2 FOR 5 COMMERCIAL BUILDING LOTS ON 2,8 ACRES IN AN L-Q AND C-G ZONES, MERIDIAN,IDAI-IO BY: THE LAND GROUP, INC., APPLICANT C1C 01/20/04 ) ) ) ) ) ) ) ) ) ) ) Case No. PP-03-036 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on January 20,2004, and Brad Hawkins-Clark Planner III for the Planning and Zoning Department, and David Koga, appeared and testified, and the City Council having received a report from Brad Hawkins-Clark Principal City Planner for the Planning and Zoning Department, and Bruce Freckletol1, Engineering Technician III, and the City Council having received as part oCtile record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT SOUTHERN SPRINGS NO.2 SUBDIVISION LOCATED IN A PORTION OF THE NWI/4 OF THE NWI/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 2003, Project Number: 03097, Designed By: ***, Drawn By: RTB, Checked By: MRL, Issue Date: 10-8-03, Sheet Title: PRE-PLAT, Sheet Number PP-I, SOUTHERN FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APFROY AL OF PRELIMINARY PLAT SOUTHERN SPRINGS SUBDIVISION NO.2 / (pP-03-036) PAGE 1 OF 14 ( SRPINGS NO.2 SUBDIVISION MERIDIAN, IDAHO, ROGER MICHENER & LA WRENCE ROSS ~ DEVELOPER, THE LAND GROUP, INC. - ENGINEER," Roger Michener and Lawrence Ross. Developer, submitted for preliminary plat approval anc! which preliminary pial for approval application is herein received and adjudged by the City COllncil pursuant to Meridian City Code S ] 2-3-3. Therefore the City Coul1cilmakes 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, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6,2002, Resolution No. 02-382, and the property is presently zoned L-O and e-G, ancl requires connection to the Municipal Water and Sewer System. [Meridian City Code ~ 11-7-2 G and K] 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 office and commercial lots are in compliance with the land use policies and futllre land use classification, Medium Density Residential, as noted on the Futllre Land Use l\tlap. 3. The applicant has requested Preliminary Plat approval for 2.8 acres of L- o and C-G zoned properly for five (5) commercial building lot.s. Tbe parcel is zoned R~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROV AL OF PRELIMINARY PLAT SOUTHERN SPRlNGS SUBDIVISON NO.2 I (PP-03-036) PAGE 2 OF 14 ( (: 6 in Ada COllnty. They are proposing a split zone ofL-O and C-G, with all of the L-O lots being proposed adjacent to existing residential uses and the C-G lots adjacent to the first phase 0 f SOllthern Springs (existing C-G zoning). The applicant also req uests preliminary plat approval of the 2.8 acre parcel to subdivide the land into five (5) lots- two commercial lots and tlu'ee office lots. Ten Mile Creek is contiguous to the west boundary and a 29-foot wide private street (within a 42-1'oot right-of-way) is proposeclto connect this subdivision with Southern Springs No. I (including a new bridge across Ten Mile Creek). 4. It is found that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Medium Density ResidentiaL" However, because the applicant is proposing transitional buffers/uses and because many of the allowed uses in an R-8 zone are ora similar intensity as those uses allowed in the L-O zone, it is found the subdivision to be in substantial compliance w.ith the Plan. 5. It is found that public services are readily availab.1e to the lots within the proposed subdivision, provided changes as many be required by the Public Works and Building Departments me made. The developer is proposing to utilize the existing SCVlrer trunk line adjacent to Ten Mile Creek. 1.11 accordance with Comprehensive Plan policy #12 (pg. 79) and policy #2 (pg. 107), it is found that the number of vehicular access points to Meridian Road/SH 69 should be restricted and comply with ITD policies in order to preserve the capacity and movement on the roadway at bui Id-out. ENDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROY AL OF PRELIMINARY PLAT SOUTHERN SPRIN'GS SUBmVISON NO.2 I (PP-03-036) PAGE 3 OF 14 (. c 6. It is found that the subdivision is in conformance with and will not negatively impact the capital improvement funds. 7. It is found that the development will not require lll<tior expenditures Cor supporting services. The developer will fund and construct the m<tiority of the supporting services. 8. It is found as long as the developer complies with all regulatory agency standards, no health, safety or environmental problems are anticipated by this development. 9. It is found that the Ten Mile Drain is a scenic feature of major importance. 10. The applicant has submitted for consideration of this approval drawing of the preliminary pial herein designated as: "PRELIMINARY PLAT SOUTHERN SPRINGS NO.2 SUBDIVISION LOCATED IN A PORTION OF THE NWI/4 OF THE NWI/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOiSE MERIDIAN, ADA COUNTY, IDAHO 2003, Project Number: 03097, Designed By: ***, Drawn By: RTH, Checked By: MRL, Issue Date: 10-8-03, Sheet Title: PRE-PLAT, Sheet Number PP-l, SOUTHERN SRPINGS NO.2 SUBDIVISION MERIDIAN, IDAHO, ROGER MICHENER & LAWRENCE ROSS - DEVELOPER, THE LAND GROUP, fNC. - ENGINEER," DECISION AND ORDER FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINAR Y PLAT SOUTHERN SPRINGS SUBDIVISON NO.2 / (PP-03-036) PAGE 4 OF 14 \~. ("" ..'. . . 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 I" The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT SOUTHERN SPRINGS NO.2 SUBDIVISION LOCATED IN A PORTION OF THE NW1/4 OFTHE NW1/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE I EAST, BOfsE MERIDIAN, ADA COUNTY, IDAHO 2003, Project Number: 03097, Designed By; ***, Drawn By: RTH, Checked By: MRL, Issue Date: 10~8~03, Sheet Title: PRE-PLAT, Sheet Number PP-l, SOUTHERN SRPINGS NO.2 SUBDIVISION MERIDIAN, IDAHO, ROGER MICHENER & LAWRENCE ROSS - DEVELOPER, THE LAND GROUP, INC. ~ ENGINEER," Roger Michener and Lawrence Ross, Developer is bereby conditionally [lpproved; and 2. The conditions of approval are as follows to~wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as amended by the Commission as follows: PRELIMINARY PLAT SITE SPECIFIC COMMENTS I. Sanitary sewer service to this site will bc li"om main line extenSions li.om [he Ten Mile Trunk adjacent to the west of the project. The applicant will be responsible [0 construct lateral sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Depaliment. Sewer 111 ains w ilJ not b e allowed within landscape areas, beneath landscape islands, and manholes wiIlnot be allowed in parking alld loading areas. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELL MINAR Y PLAT SOUTHERN SPRINGS SUBDIVISON NO.2 I (PP-03-036) PAGE 5 OF 14 \. ( 1. Water service to this site will be from main line extensions from existing \Yater mains in E. Overland Road, and from Southern Springs No.1. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Depaliment. Applicant shall execute City of Meridian standard forms 0 f easements, for any mains that are required to provide service. 3. Construct a vehicular bridge across the Ten Mi Ie Creek in the location shown on the Preliminary Plat. The bi;dge shall be designed with a minimum 29~foOl wide street section and sidewalks. If an approved emergency vehicle tumnround or fire apparatus road is not available on the west side of Ten Mi Ie Creek at the time of construction of Southern Springs Subdivision No.2, a temporary turnaround shall be constructed on either Lot 3 or 4 of Southern Springs No.2. Said turnaround shall be approved by the Meridian Fire Department prior to signature on the final plat, if reg u ired. (NOTE: The developer is hereby informed that cut-through traffic between Overland Road and Meridian Road/SH 69 using the proposed bridge is a concern of the City and ACHD. The City \vill review the fulure site layout orthe llorlhcll1 half of Southern Springs NO.1 with this concern in mind. For example, internal driveways and building placements lUust discourage cut-through trnffic between Meridian Road/SH 69 and Overland Road.) 4. Per MCC 12-13-10-4, construct a minimum 25-foot wiele street buffer along Overland Road and a minimum 20-foot wide buffer adjacent to the cast and south boundaries. All required street buffers shall be located beyond any future right-of- way. The Suuthern Springs Business Association shall maintain the Overland Road landscape easement. 5. AI I landscape buffers shall be constructed prior to the issuance of any Certi ficate of Occupancy within the subdivision. 6. Per MCC 11-2-2, "Local Streets", a perpetual vehicular cross access easement shall be provided to all lots within the subdivision and with the parcel to the west (approved as Southel11 Springs Subdivision No.1) for use of the private street. Said easement shall be shown as a note on the final pIal for Southern Springs No.2. All express, perpetual vehicular cross access enselllcnt shall be rec.orded in the Ada County Recorder's Office with the parcel to the west priOr to the City Engineer's signature on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMTNAR Y PLAT SOUTHERN SPRINGS SUBDIVISON NO.2 / (PP-03-036) PAGE 6 OF 14 t'.. \. .J.... \. 7. Construct the private street to the minimum ACHD design standards and comply with any ACHD requirements for Southern Springs No.2. The private street shall be signed as "No Parking" on botb sides of the road. No gates or other obstructions of the private street are permitted. 8. Construct a left-turning bay at the intersection of Overland Road and the private street, designed to ITE (Institute of Transportation Engineers) speci fications. The design of the bay shall factor in projected trip generation from Southern Springs No. I. 9. The Preliminary Plat (Sheet PP-I, dated 10-8-03, by Tbe Land Group) shall be revised as follows: a. Label the private street with an approved street name; b. Clarify if the two large trees located on Lot 1 are to be retained or removed. c. Label "Ten Mile Creek." I O. A detailed fencing and landscape plan, in compliance with MCC 12-13, sball be submitted with the final plat application. 11. Any tree over 4" in caliper that is removed from the propelty shall be replaced by installing additional trees, being the equivalent l1tlluber of caliper inches of trees that were removed. Required landscaping trees wi \I 110t be considered as replacement trees for those trees that have to be removed. 12. Ad minage plan designed by a State of ldaho licensed architect or engineer is required and shall be submitted to the City Engineer (Or(L 557, 10-1-91) for all off- street parking areas. Storm warer treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of St0I111 Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 13. 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 [or all storms up to and including a 1 DO-year storm event. Side slopes within drainage areas shall not exceed 3: 1. F1NDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SOUTHERN SPRINGS SllBDIVISON NO.2 J (PP-03-036) PAGE 7 OF 14 c' c. , 14. The applicant has indicated that Nampn & Meridian Irrigation District will O\VI1 and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Ifa creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for tbe common areas prior to sjgnature all the final plat by the Meridian City Engineer. 15. A vehicular cross~access easement shall be required between Lots 2 and 3 and between Lots 4 and 5, Block 1. Said easement shall be noted on tbe final plat. PRELIMTN AR Y PLAT GENERAL REQUIREMENTS I. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 2. Coordinate fire Jlydranl placement with the City of Meridian Public Works Department. 3. Assessment fees for water and sewer service arc determined during the building plan review process. 4. Two~hundred-fifty-watt. high-pressure sodium 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. 5. Underground, year-round pressurizedin'igation must be provided to all landscape areas on site. Please submit hook-up and desi.gn details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connectjon to the City's mains will 110t be allowed. Applicant shall be required to uWize any existing surface or well water for the primary source. 6. All irrigation ditches, laternls or canals, exclusive of nut ural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown 011 the site plans. Plans will need to be approved by the appropriate irrigation/drainage district or lateral L1sers association, with written confirmation of said approval submitted to the Public Works Department. 7. Show all existing and proposed easements for irrigation/drainage facilities located FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELTMINARY PLAT SOUTHERN SPRINGS SUBDIVISON NO.2! (PP-03-036) PAGE 8 OF 14 c"' (:" , \.":'. : within the boundaries of this proposed development 8. Any existing domestic wells andlor septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-] -4 and 9-4-8. Wells may be used for non-domestic purposes slIch as landscape in-igatioll. 9. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 10. All construction shall conform to the requirements or the Americans \-vilh Disabilities Act. B. Adopt the Recommendations of ACHD as follows: The applicant shall coordinate with ACHD (Traffic staff, Design staff and Development staft) for the dedication of additional right-of-way if required for the reconstruction of the intersection of Overland Road and Meridian Road. The right- of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required pell11its), whichever occurs tirst. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner wi II be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-or-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that timc (currently Ordi nance # 197), i r funds are avai lab Ie. 2 If the City of Meridian approves the private road, the app lic<lnl shall construct the private roi:ldway intersecting Overland Road approximately 374-fect \vcst ofCoLlntry Terrace (measured from centerline to centerline) and approximately 431-feet easl or Meridian Road (measured centerline to centerline) as proposed. The applicant shall be required to pave the private roadway a minimum of20 to 24~ feet wide and at least 30-feet into the site beyond the edge of pavement of Overland Road and install pavement tapers with 1 5~foot curb radii a butting t he existing roadway edge ifnot existing. The applicant should provide a plan showing how the private road grade meets the public road. District Pol.icy requires a design approach speed of20 MPH and a maximum intersection approach grade of2% for at least 40~ feet. F]NDfNGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SOUTHERN SPRINGS SUBD]V]SON NO.2 I (PP-03~036) PAGE 'J OF 14 ;', \ ,', /. \ Street name and stop signs are required for the private road. The signs may be ordered through the District. Verification ofthe correct, approved name oflhe road is required. ACHD does not make any aSSllrances that the private road, which is n pnrt of this application, will be accepted as a public road ifsuch a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD: · Dedicate a minimum of 50-feet of right-of-way for the road. · Construct the roadway to the minimum ACHD requirements. · c.~:lI~struct a stub street to the surrounding parcels. 3 The applicant shall be required to provide the District with a parking lot plan that provides and includes measures to prevent cut through traffic fi'om Meridian Road to Overland Road if the northern driveway location is approved by the ldnho Transportation Depm1ment and prior to the District signing the final plat. 4 In lieu of constructing improvements, the applicant shall be required to provide a deposit to the Public Rights-of- Way Trust Fund for the cost of constructing a 5- foot wide concrete sidewalk abutting the parcel on Overland Road for any pOltion of frontage that is not cUlTently improved. ($20.00 per L.F.) Coordinate with District Development staff for the footage and amount of the road trust deposit. 5 Other than the access point(s) specifically approved with this applicat.ion, direct lot or parcel access to Overland Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 6 Comply with all Standard Conditions of Approval. Standard Conditions of AOlJrova] I. Any existing irrigation facilities shall be relocated outside of the right-of-\vay. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPRO V AL OF PRELIMlNARY PLAT SOUTHERN SPRINGS SUBDIVISON NO.2 I (pP-03-036) PAGE 10 OF 14 ( ? 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 dctails. 4. Utility street cuts in p~lVeme11l less than five years old are not allovvcd 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 ofIdaho shall 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 pem1its), which incorporates anyrequirec1 design changes. 7. Construction, use and property development shall be in conformance wi.th aU 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 bui Iding construction in accordance wi th Ordi nance # 197, also known as Ada County Highway District Road Impacl 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 shal I 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 il1 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 confinnation of any change from the Ada County Highway District. FINDINGS OF fACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SOUTHERN SPRINGS sUBDrvrsoN NO.2 I (PP-03-036) PAGE 11 OF 14 (- (' '. .<~'..' ' 11. Any change by the applicant in the planned lIse 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 legaJ 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 re.l iet' is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: I. The District requires a Land Use Change Applicati.on to be filed [or review prior to final platting. 2. All laterals and waste ways must be protected. The District's Ten Mile Drain courses along the \veslcrn boundary of this proposed project. This etisel11ent must be protected and any encroachment without a. signed License Agreement and approved plan, before any construction is started, is unacceptable. 3. All municipal surface drainage must be retained on site. If any SUrJ~lCC drainage leaves the site, the District must review drainage plans. 4. The developer must comply with Idaho Code 31-3805. D. Adopt the Recommendations of the Central District Health Department as follows: I. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans mLlst 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. Storlllwater shall be pretreated through a grassy swale prior to discl1arge to the subsurface to prevent impact to groundwater ancl surface \vater quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINAR Y PLAT SOUTHERN SPRINGS SUBDIVISON NO.2 / (PP-03~036) PAGE 12 OF 14 r ". ".. (' ''I.,., 5. The Engineers ancl architects involved with the design of the subject project shall obtain current best management practices for st0l111water disposal and design a st01111water management system that prevents groundwater and surface water degradation. E. Adopt the Recommend<.ltions of Sanitary Service as follows: 1. Sanitary Service has no comments presently, but when the waste enclosures are sited and details are submitted, then Sanitary Service wi II make their COIlUl1ents if necessary. 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 filccl. Please take notice that this is a final action of the governing body of the City 01' Meridian, pursuant to Idaho Code 9 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) clays after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the Fg(){'r.t< ~ ,2004. gy..{, ~day of fINDINGS or rACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SOUTHERN SPRINGS SUBDIV1SON NO.2 / (PP-03-036) PAGE 13 OF 14 ( (' ROLL CALL COUNCILMAN SHAUN WARDLE VOTED~ VOTED~ VOTED~ VOTED~ COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNClLMAN KETIH BIRD MA YOR TAMMY de WEERD (TIE BREA1<.ER) VOTED .... Attest: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SOUTHERN SPRINGS SUBDIVISON NO.2 / (PP-03-036) PAGE 14 OF 14