HomeMy WebLinkAboutWindsong Sub AZ 03-031WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSNIAN, P.A.
KFVIV E.. DINIU$ }~HILIPA. P2TEkSON
.IULIi:: KLEIN PISUrER Tom\A. ROSSWL\F
WM. P. GIG RAY, III TERRE6l'E R. WHITE'""
l'.CUI'I'1.\LLAM1I" NICIIOLA9L WOLLEN
JILL HOLINIv\
N~u.unal A. M01<ROv1'
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ATTORNEYS AT LAW
NAMPA OFFICE
57(10 e. FRANK LIN lip.,
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NAMPA, IDAHO dJ6?3-6,0'_
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February 2, 2004
R,E~EIVET~
FE9 D 3 2004
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL City Of Meridian
33 East Idaho City Clerk Office
Meridian, Idaho 83642
Re: LANDMARK ENGINEERING & PLANNING, INC. FOR W1NllSONG SUI3lliVISION /
ANNEXATION AND ZONING FINDINGS / AZ ORUINANCE & CERTfFTC.4TION OF CLERK
SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / AZ-03-031
Dear Will:
Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION
AND ZONING prepared as per instructions from the Council meeting of January 20, 2004, and
which are on an upcoming Council agenda.
Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk
For the annexation and zoning for the CityofMeridian. After the Findings ofFact and Conclusions
have been adopted, then please place this ordinance on the City Council agenda. This ordinance
should not be passed until the Findines of Fact and Conclusions of Law and Decision and
Order Granting Application for Rezone are adopted. Additionally, I have enclosed a Summary
Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council
at the same time the full annexation and zoning ordinance is presented to Council for approval.
If you have any questions arise, please advise.
Very truly yow's,
Wm. F. Nichols
Z~\Wo19:1M\Meridian\Meridian 15360M\Windsong Sub AZ-03-031 PP-03-037\FFCC and ORD and SUM ORD CIel9<Ltr020204.doc-
BEFORE THE MERIDIAN CITY COUNCIL
Cic ov2oioa
IN THE M?.TTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF ] 5.04 ACRES TO
R-8 FOR PROPOSED WINDSONG
SUBDIVISION,
LANDMARK ENC'INF.ERING &
PLANNING, INC.,
APPLICANT
Case No. AZ-03-031
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEX:1"1'lON AND ZONING
The above entitled annexation and zoning application having come on for public hearing
on January 20, 2004, at the hour of 7:00 p.m., and Brad Hawkins-Clark Assistant Planner for the
Planning a«d Zoning Department, Clint Boyle, Joan Rath, Becky Mc Kay, and Brad Watson,
appeared and testified, and the City Council having duly considered the evidence and the record
in this matter therefore makes the following Findings of Fact and Conclusions of Law, and
Decision and Order:
FINDINGS OF FACT
There has been compliancewith all notice and hearing requirement's set forth in
Idaho Code ~§ 67-6509 ~u~d 67-6511, and Meridian City Code §§ I l-1 ~-5 and 11-1(i-I.
2. The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
FINDINGS OF FACT AND CONCLUSIONS OF LAW'
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND 'CONING FOR
WINDSONG SUBDIVISION - (AZ-03-031)
PAGE 1 OF l3
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3. The property which is the subject of the application for annexation and
zoning is described in the application, is approximately 15.04 acres in size and is approximately
300 feet north ofUstick Road and approximately 600 feet west of Linder Road, within Section
35, Township 4 North, Range l West, Meridian, Idaho, all within the Area of ImpacC of the City
of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian
Comprehensive Plan.
4. The parcel of land is contiguous to the existing city limits of the City ofMeridian.
5. The owner of record of the subject property is Stubblefield Construction Company
to whom John Stubblefield is an authorized agent, who has provided notarized consent for
Landmark Engineering & Planning, Inc., to submiC the subject applications. The applicant is
Landmark Engineering & Planning, Inc.
The property is presently Zoned RUT (Ada County) and is cunently vacant.
The Applicant requests the property be zoned as R-8 (Medium Density
Residential).
The subject property is bordered to the north by agricultureiapproved Watersong
Subdivision -zoned R-8, south by agriculhtre/fiihire ACRD Pond Site -zoned R-] (Ada
County), to the east by agriculture with asingle-family home -zoned RUT (Ada County), and to
the west by agriculture/approved Bridgetower Crossing Subdivision -zoned R-4.
9. The Applicant proposes to develop the subject property in the following manner:
a residential subdivision with sixty-six buildable lots and two common lots.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING AYYLICATION
FOR ANNEXATION AND ZONING FOR
WINDSONG SUBDNISION - (AZ-03-031)
PAGE 2 OF 13
10. The Applicant requests zoning of the subject real property as R-8, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map, as noted in the
Staff report. The Future Land Use Map designates the subject property as Medium Density
Residential.
11. The Creason Lateral lies contiguous to the south boundary of the subject property
and is a feature that will need to be protected.
12. Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planningjurisdic[ion,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
1. Remove any existing domestic wells and/or septic systems within this project
from their domestic service per City Ordinance Section 5-7-517. Wells may be used for
non-domestic purposes such as landscape irrigation.
B. Adopt the Recommendations ofthe Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
] . One and two family dwellings will requh-e a fire-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of
400' apart.
2. Acceptance test of the water supply for water quality must be completed before combustible
construction begins.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
FIND[tiGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
WEVDSONG SUBDIVISION - (AZ-03-031)
PAGE 3 OF 13
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 roads shall have a turning radius of 28' inside and 48' outside.
6. Operational fire hydrants and temporary or permanent street si,, is are required before
combustible construction begins.
7. A minimum of two points of access will be required for any portion of the prof ect, which serves
more than 50 homes. The cumulative effect ofthe adjacent subdivision should be included in
this calculation.
8. The roadways shall be built to Ada County Highway Standards and sha] l have a clear driving
surface, available at all times, which is 20' wide.
C. Adopt the Recommendations of the Ada County Highway District as follows:
Site Specific Conditions of Approval
1. Consnruct Sirocco Avenue to offset Timberlakes Way a minimum of125-feet
(measured centerline to centerline).
2. Extend Timberlakes Way from the north property line approximately 215-feet east of
the west property line, as proposed.
3. Extend Crossland Drive from the west property line approximately 465-feet north o f
the south property line, as proposed.
4. Construct a stub street to the east property line approximately 1 l5-feet south of the
north property line, as proposed. Install a sign at the terminus of the roadway stating
that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
Construct a stub street to the east property line approximately 385-feet north of the
south property line, as proposed. Install a sign at the terminus ofthe roadway stating
that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
6. Construct the internal roadways as 36-foot street sections with curb, gutter and 5-foot
concrete sidewalks within 50-feet ofright-of-way, as proposed.
7. Comply with all 11 Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
WINDSONG SUBDIVISION - (AZ-03-031)
PAGE 4 OF 13
D. Adopt the action of the City Council taken at their January 20, 2004 meeting as follows:
For clarification:
1. The applicant shall work with the adjoining property owner to the north, to provide some
type of elecuic fencing to keep the adjoining property owners livestock within their own
pasture.
2. For the perimeter fencing, the applicant shall be allowed the option of either solid or
semi-private fencing, similar to Bridgetower'ssemi-private fencing, with approval Uy the
Planning and Zoning Department.
13. Itis found in Chapter VIIofthe Comprehensive Plan, "medium density"is defined as
areas including single-family homes at densities of three to eight dwelling units per acre. [t is found
that the requested zoning designation, R-8, is harmonious with and in accordance with the 2002
Comprehensive Plan and Future Land Use Map, which designates the subject property as "Medium
Density Residential."
14. Concurrent with the annexation and zoning application, the applicanthas submitted a
preliminary plat proposing single-family lots on the subject site (Windsong Subdivision, PP-03-037).
It is not anticipated that the applicant intends to rezone the subject property in the fitture.
l5. IC is found that the proposed, concurrent, residential subdivision could be allowed
within the requested R-8 zone.
16. Several residential developments in this area are changing the historically agricultural
nature of the area to be urban residential It is found that the subject site is proposed for development
in a fashion similar to other properties in the area. However, neither section of Linder Road nor
Ustick Road abutting this site are currently within ACHD's Five Year Work Project or Capital
Improvements Plan. Other urban services, such as sewer and water, are near to this site and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND CONING FOR
bVIN OSONG SUBDIVISION - (AZ-03-031)
PAGE 5 OF 13
applicant should be able to extend such services to the site.
17. It is found that the proposed R-8 zoning and subsequent residential use proposed with
Che concurrent preliminary plat match the intended character of the vicinity, as noted on the Future
Lane Use Map in the Comprehensive Plan. It is also found that the proposed zoning/uses can be
designed and constructed in a manner that will be harmonious with, and appropriate in appearance
with, the existing and intended character of the surrounding area. The existing character of the area
will, and is, currently chaning, especially upon build-out of the proposed project and other similar
subdivisions in the general vicinity. It is not found that the proposed zoning/uses will adversely
change the essential character of the area.
l8. Due to other existing and proposed uses near the site, it is not anticipated that the
proposed zoning/uses will be hazardous to future or existing uses or neighbors in the area.
19. The Meridian Fire Department has submitted a list ofconditions and needs in order to
adequately serve the prof ect, and which conditions and needs are listed above at munber 12 B. Water
and sanitary sewer service to this development is proposed to be extended from existing/or mains
being i nstalled in adjacent subdivisions. The ACHD is recommending, with site-specific and
standard conditions, approval of the subject development.
20. If approved, the developer will be financing the extension of sewer; water, local street
infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve
the future residents will be fire, police and school facilities and services. It is found that there will
not be excessive additional requirements at public cost and that the rezone will not be detrimental to
the community's economic welfare.
FIlVDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR .ANNEXATION AND ZONING FOR
~VINDSONG SUBDNISION - (AZ-03-031)
PAGE 6 OF 13
21. It is found that the proposed residential zoning/uses will not be detrimental to people,
property or the general welfare of the area. It is recognized that traffic and noise will increase with
the approval of this subdivision; however, it is not believed that the amount generated will be
detrimental to the genera] welfare of the public. It is not anticipated the proposed annexation and
subsequent uses will create excessive noise, smoke, fumes, glare or odors.
22. The subject site does not have any vehicular approaches to the site from nearby
arterial or collector roads. This site must rely on the construction and conveyance of stub streets
from the north and west for access. The extension of these stub streets, wi l l al low traffic to disperse
without creating interference on public streets in the area. Review of the ACHD report for this
project will provide additional information.
23. TheCreasonLateralliescontiguoustothesouthboundaryofthesubjectpropertyand
is a feature that will need to be protected. Any existing trees larger than 4"caliper that are removed
shall be mitigated for, per the Landscape Ordinance.
24. It is found that the annexation of this property would be in the best interest of the
City.
25. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 12, and al I sub-parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
27. It is also found that The development considerations as referenced in Finding No.
12 are reasonable to require and must be taken into account, in order to assure the proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
POR ANNEXATION AND ZONING FOR
WINDSONG SOBDIVTSION - (AZ-03-031)
PAGE 7 OF l3
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4. The zoning of (R-8) Medium DensityResidential is defined in the Zoning Ordintmce
at ~ 1 1-7-2 D as follows:
(R-S) Medium Density Residential District: The purpose of the R-S District is to permit
the establishment of single-and two-family dwellings at a density not exceeding eight (8)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
WINDSONG SUBDIVISION - (AZ-03-031)
PAGE 8 OF 13
dwelling units per acre. This District delineates those areas where such development has or
is likely to occur in accord with the Comprehensive Plan of the City and is also designed to
permit the conversion of large homes into two-family dwellings in well-established
neighborhoods of comparable land use. Connection to the Municipal water and sewer
systems of the City is required.
6. Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the am~exation of land. See Burt vs. The City of Idaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
7. The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if such is required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING F1ND[NGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
1. The applicant's request for am~exation and zoning of approximately 15.04 acres to
Medium Density Residential (R-8), is granted subject to the terms and conditions of this Order
hereinafter stated.
2. The application is for annexation and zoning of 15.04 acres. The legal description
FiND(NGS OF FACT AND CONCLUSIONS OF LAW
AN,D DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
WINDSONG SUBDIVISION - (AZ-03-031)
PAGE 9 OF l3
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3. Developer shall be required to meet the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
1. Remove any existing domestic wells and/or septic systems within this project
fi~orn Cheir domestic service per City Ordinance Section 5-7-5 17. Wells maybe used for
non-domestic purposes such as landscape irrigation.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
1. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of
400' apart.
2. Acceptance test of the water supply for water quality must be completed before combustible
construction begins.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
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 roads shall have a turning radius of 28' inside and 48' outside.
6. Operational fire hydrants and temporazy or permanent street sighs are required before
combustible construction begins.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
POR ANNEXATION AND ZONING FOR
W'TNDSONG SUBDIVISION - (AZ-03-031)
PAGE 10 OF 13
A minimum of two points of access will be required for any portion ofthe project, which serves
more than 50 homes. The cumulative effect ofthe adjacent subdivision should be included in
this calculation.
8. The roadways shal I be built to Ada County Highway Standards and shall have a clear driving
surface, available at all times, which is 20' wide.
D. Adopt the Recommendations of the Ada County Highway District as follows:
Site Specific Conditions of Approval
1. Construct Sirocco Avenue to offset Timberlakes Way a minimmn of125-feet
(measured centerline to centerline).
2. Extend Timberlakes Way from the north property line approximately 21 ~-feet east of
the west property line, as proposed.
3. Extend Crossland Drive from the west property line approximately 465-feet north of
the south property line, as proposed.
4. Construct a stub street to the east property line approximately 115-feet south of the
north property line, as proposed. Install a sign at the terminus of the roadway stating
that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
5. ConsU-uct a stti~b street to the east property line approximately 385-feet north of the
south property line, as proposed. Instal I a sign at the terminus of the roadway stating
that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
6. Construct the internal roadways as 36-foot street sections with curb, gutter and 5-foot
concrete sidewalks within 50-feet of right-of-way, as proposed.
7. Comply with all 11 Standard Conditions of Approval.
D. Adopt the action of the City Council taken at their January 20, 2004 meeting as follows:
For clarification:
The applicant shall work with the adjoining property owner to the north, to provide some
type of electric fencing to keep the adjoining property owners livestock within their own
pasture.
F11VD[NGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION ANll ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
WINDSONG SUBDIVISION - (AZ-03-031)
PAGE 11 OF 13
2. For the perimeter fencing, the applicant shall be allowed the option of either solid or semi-
private fencing, similar to Bridgetower's semi-private fencing, with approval by the Planning
and Zoning Department.
4. The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subj ect of the
application to (R-8) Medium Density Residential District and Meridian City Code § 11-7-2.
Subsequent to the passage of the Ordinance provided for in section 4 of this Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian City Code ~~ 11-21- I in accordance
with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8005, the Owuer 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 .iudicial
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 Cade § 67-6521 an affected person is a person who has an interest in real property
which may be adversely affected by the issuance or denial of the annexation and zoning and who
may within twenty-eight (28) days after the date of this decisiou 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 6 ®~ day of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
WiNDSONG SGBDfV1SlON - (AZ-03-031)
PAGE 12 OF 13
~.,~T'LLCvt/~ , 2004.
KOLLCALLO
COUNC[LMAN SHAUN W'ARDLE
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: Z ~~~ ~ ~'
MOTION:
APPROVED:
Attest:
William G. Berg, Jr.,
Copy served upon Applicant, the
the Cit Att
DISAPPROVED:
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V OTED~
VOTED
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
WINDSONG SUBDIVISION - (AZ-03-031)
PAGE 13 OF 13
RECEIVED
Interoffice
MEMORANDUM
To: William G. Berg, Jr.
From: Win. F. Nichols
Subject: Windsong Subdivision
File: PP-03-037
Date: February 2, 2004
WiIL•
FEB 0 3 2004
Of Moridian
Please find attached the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW' AND ORDER OF COND[TIONAL APPROVAL OF
PRELIMINARY PLAT, pursuant to actionof the Council at their January 2Q ?004 meeting.
The Findings will be on an upcoming Council agenda.
Please serve conformed copies of the Findings upon the Applicant and the
Planning and Zoning Department, Public Works and the City Attorney office, if Council
approves the Findings.
If you have any questions arise please advise.
Z,\Work~M\MeridianVvleridian 15360M\Windsong Sob AZ-03-031 PP-03-037\BergPrePlatMEM0020204.doc