HomeMy WebLinkAboutRazzberry Crossing PP 03-039interoffice
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MEMORANDUM Of Meridian
£ �I: / Clerk 0111ce.
To: William G. Berg, Jr.
From: Wm. F. Nichols
Subject: Razzberry Crossing Subdivision
File: PP -03-039
Date: February 12, 2004
Will:
Please find attached the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT, pursuant to action of the Council at their February 3, 2004 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 Cowicil
approves the Findings.
If you have any questions arise please advise.
Z:\W01(\NVMeridian\Meridian 15360M\Bazzbeny Crossing AZ -03-034 PP -03-039 CUP-03-062`,BerghePlalMGM00211 04.dac
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR RAZZBERRY
CROSSING SUBDIVISION FOR 34
RESIDENTIAL BUILDING LOTS, 4
PROFESSIONAL OFFICE LOTS
AND 6 COMMON LOTS ON 11.31
ACRES IN PROPOSED R-8 AND L-
O ZONES LOCATED SOUTH OF
EAST McMILLAN ROAD AND
WEST OF NORTH LOCUST
GROVE ROAD, MERIDIAN,
IDAHO
BY: CARL AND BONNIE
REITERMAN, APPLICANT
C/C 02/03/04
Case No. PP -03-039
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 February 3, 2004, and Anna Powell Planning Director for the Planning and Zoning
Department, Wayne Forrey, Terri Ingram, Mike Ingram, Wyoma Ham, Mary Thorne, and Rick
McGraw, appeared and testified, and the City Council having received a report from Wendy
Kirkpatrick Planner H for the Planning and Zoning Department, and 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 being "PRELIMINARY PLAT, A RESUBDIVISION OF LOT 10,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDIVISION / (PP -03-039
Page 1 of 14
CRESTWOOD SUB., SECTION 31, TAN., R.IE., B.M., MERIDIAN, ADA COUNTY,
IDAHO, RAZZBERRY CROSSING A PLANNED RESIDENTIAL & OFFICE INFILL
SUBDIVISION, PROJECT NO. 2163, SHEET NO. 1, CARL & BONNIE REITERMAN —
OWNER/APPLICANT, CLAIBORN WAITE CONSULTING, LLC —
ENGINEERING/SURVEYOR, PATHWAY PLANNERS CONSULTING - PLANNER", Carl
Reiterman and Bonnie Reiterman, 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
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 RUT by Ada County, however, an application for annexation and
zoning to R-8 and L -O is before the Council, and requires connection to the Municipal Water and
Sewer System. [Meridian City Code § 11-7-2 D and G]
2. The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6, 2002, Resolution No. 02-382.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDIVISION / (PP -03-039)
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forth as conditions of preliminary plat approval. The developer will extend existing water and
sewer mains to the subject property.
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 III, and as proposed by the developer
as stated on the preliminary plat, there will be public financial capability of supporting services
for the proposed development, as the developer will extend urban services to the subject
property.
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.
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.
The applicant has submitted for consideration of this approval drawing of the
preliminary plat herein designated as: "PRELIMINARY PLAT, A RESUBDIVISION OF LOT
10, CRESTWOOD SUB., SECTION 31, TAN., R.IE., B.M., MERIDIAN, ADA COUNTY,
IDAHO, RAZZBERRY CROSSING A PLANNED RESIDENTIAL & OFFICE INFILL
SUBDIVISION, PROJECT NO. 2163, SHEET NO. 1, CARL & BONNIE REITERMAN —
OWNER/APPLICANT, CLAIBORN WAITE CONSULTING, LLC —
ENGINEERING/SURVEYOR, PATHWAY PLANNERS CONSULTING - PLANNER".
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDIVISION / (PP -03-039)
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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 "PRELIMINARY PLAT, A RESUBDIVISION OF LOT 10, CRESTWOOD
SUB., SECTION 31, TAN., R. IE., B.M., MERIDIAN, ADA COUNTY, IDAHO,
RAZZBERRY CROSSING A PLANNED RESIDENTIAL & OFFICE INFILL SUBDIVISION,
PROJECT NO. 2163, SHEET NO. 1, CARL & BONNIE REITERMAN —
OWNER/APPLICANT, CLAIBORN WAITE CONSULTING, LLC —
ENGINEERING/SURVEYOR, PATHWAY PLANNERS CONSULTING - PLANNER", Carl
Reiterman and Bonnie Reiterman, Developer is hereby conditionally approved; and
2. The conditions of approval are as follows to -wit:
A. Adopt the Recommendations of the Planning and Zoning Commission as
follows:
1. Delete first sentence at the top of page six.
2. Delete paragraph eight under site specific comments for preliminary plat on
page six.
3. Add a paragraph eight on page eight noting that letter of approval from street
naming committee shall be required with a note that West Star Lane should be
changed to East Star Lane.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
SITE SPECIFIC COMMENTS (preliminary plat)
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDIVISION / (PP -03-039)
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1. Sanitary sewer service to this site will be from an extension from the existing main
in Havasu Creek Subdivision. The applicant will be responsible to construct lateral
sewer mains to and through this proposed development. Subdivision designer to
coordinate main sizing and routing with the Public Works Department. Sewer mains
will not be allowed within landscape areas, beneath landscape islands, and manholes
will not be allowed in parking and loading areas.
2. Water service to this site will be from an extension of existing water mains in
Havasu Creek Subdivision. 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 Department.
3. The developer shall be required to install all trees within each phase of the
development prior to any Certificates of Occupancy being issued.
4. Fencing details shall be submitted with the Final Plat application. Fencing adjacent
to pathways or the common area lots shall not be over four feet in height if
constructed of a solid material, and shall not be more than four feet in height if it is
non -sight obscuring. A solid, 6 -foot high perimeter fence shall be installed prior to
any building permits being issued, unless agreed to otherwise in writing by the
Planning Director. The portion of the open space area that adjoins the open space
area for Havasu Creek does not need to be fenced.
5. All parking lot striping must be completed prior to occupancy.
6. All landscaping must be consistent with the approved landscaping plan.
7. All required amenities must be installed prior to occupancy.
8. Each storm drainage lot may have only one rock sump. The maximum dimension
of the rock sump may be only 5'.
9. All landscaping must be maintained in accordance with ordinance 12-13-17.
10. All parking stalls and drive aisles must meet parking standards as outlined in
Section 11-13 of the Meridian City Code.
11. All access roads and micropaths on the subject property must be constructed of dust -
free materials. These materials may include: washed gravel, recycled asphalt,
asphalt or concrete.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDIVISION/ (PP -03-039)
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12. All trash enclosures must be shown on the site plan.
13. The required landscaping and irrigation system shall be installed prior to the
issuance of a Certificate of Occupancy for any building on any lot created by the
subdivision. Landscaping and fencing must be bonded for prior to applying for
building permits.
14. No phasing lines were shown on the preliminary plat. If phasing is planned,
applicant shall submit a revised plat prior at least 10 days prior to the next public
hearing showing the proposed phase lines.
15. Underground pressurized irrigation must be provided to all landscape areas on site.
The applicant has indicated that the pressurized irrigation system within this
development is to be owned and maintained by the Settler's Irrigation District.
16. The City of Meridian requires that pressurized irrigation systems be supplied by a
year-round source of water. If a creek 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 by the
Meridian City Engineer.
17. All drainage areas (detention/retention basins) must be designed to ensure that water
is retained only during 100 -year storm events, and for a period of time not to exceed
24 hours. Side slopes within drainage areas shall not exceed 3:1. 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 of the crawl spaces ofhomes is
at least 1 -foot above groundwater.
GENERALCOMMENTS (preliminary nlatl
1. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
2. A letter of credit or cash surety in the amount of 110% will be required for all
fencing, pressurized irrigation, sanitary sewer, water, etc., prior to signature on
the final plat. A separate letter of credit or cash surety will be required for
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDIVISION / (PP -03-039)
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landscaping.
3. Two -hundred -fifty and one -hundred -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.
4. All irrigation ditches, laterals or canals, exclusive ofnatural 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 on the site
plans. Plans will need to be approved by the appropriate irrigation/drainage district,
or lateral users association, with written confirmation of said approval submitted to
the Public Works Department.
5. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8.
Wells may be used for non-domestic purposes such as landscape irrigation.
6. Any drainage areas (detention / retention basins) must be designed to ensure that
water is retained only during 100 -year storm events, and for a period of time not to
exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1.
Performance specifications for the common area pressurized irrigation system shall
be submitted with each Final Plat application.
C. Adopt the recommendations of the Ada County Highway District as follows:
Special Recommendation to the City of Meridian
Because the 1 -acre parcel adjacent to the northeast corner of the site is an "out
parcel," the District can not require the applicant to construct sidewalk abutting
that 1 -acre parcel because it is not a part of the subdivision plat. The District
does however recognize that there are a number of schools in the area and that
pedestrian safety is a concern. Therefore the District is making a special
recommendation to the City of Meridian that the applicant be required to
construct a 5 -foot wide concrete sidewalk along Locust Grove to connect to the
sidewalk that is required to be constructed along Locust Grove with this
application. There is sufficient existing right-of-way for the construction of the
sidewalk on the out parcel; the face of the sidewalk would need to be located 28 -
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDIVISION / (PP -03-039)
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feet from the centerline in the existing 33 -feet of right-of-way. If this additional
sidewalk is constructed, there will only remain approximately 170 -feet of
frontage on Locust Grove in need of sidewalk in order to connect to Havasu
Creek Subdivision.
Site Specific Conditions of Approval
I • The applicant shall do one of the following:
a. Dedicate by donation a total of 35 -feet of right-of-way along Locust Grove
Road, and construct a minimum 5 -foot wide concrete sidewalk along Locust
Grove Road, located a 2 -feet within the new right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide
concrete sidewalk along Locust Grove Road, located a minimum of 28 -feet from
the centerline of the right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide
concrete sidewalk along Locust Grove Road, located at the back edge of the
existing right-of-way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
2• Construct West Star Lane,
into the site (or up to the wwest of Locust Grove approximately 470 -feet west
esternmost commercial driveway on West Star Lane),
as a 40 -foot street section with curb, gutter, and 4 -foot detached concrete
sidewalk and 5 -foot landscaping strip within 54 -feet of right-of-way in
accordance with district policy for commercial roadways.
�. Construct West Star Lane, west of the last commercial driveway as a 29 -foot
street section with curb, gutter, and concrete sidewalk within 50 -feet of right-of-
way as proposed.
4• Construct North Heritage View Avenue, Reiterman Avenue, and North Heritage
Woods Avenue as 29 -foot street sections with curb, gutter, and concrete sidewalk
within 50 -feet of right-of-way as proposed.
5• Construct 4 -foot detached concrete sidewalks with 5 -foot landscaping strips
abutting all of the internal roadways as proposed.
6. Install a sign at the terminus of the stub streets stating that, "THIS ROAD WILL
BE EXTENDED IN THE FUTURE."
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDIVISION / (PP -03-039)
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7. 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.
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 -
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTfIONAL APPROVAL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDIVISION / (PP -03-039)
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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
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.
D. Adopt the recommendations of the Meridian Fire Department as follows:
1. Provide a fire -flow per the International Fire Code Appendix D to service the project.
Fire hydrants shall be placed an average of 400' apart.
2. All roads internal fire lanes and entrances shall have a turning radius of 28'
inside and 48' outside.
3. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times.
4. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
5. All streets shall be posted "No Parking Fire Lane" and all curbs painted red..
E. Adopt the recommendations of the Settler's Irrigation District as follows:
1. All irrigation / drainage facilities along with their easements must be protected and
continue to function. The facilities involved are the Parkins-Nourse Lateral and the
Heritage Drain.
2. A Land Use Change Application must be on file prior to any approvals.
3. A license agreement MUST be signed and recorded prior to construction of any
S.I.D. facilities.
4. Any changes to the existing irrigation system such as relocation, tiling, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDIVISION / (PP -03-039)
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landscaping must be approved by Settlers Irrigation District.
5. All storm drainage must be retained on-site.
6. The development must supply irrigation access to all lots within the above-
mentioned subdivision. If the developer wishes to have Settlers Irrigation District
own, operate, and maintain the pressure irrigation system an agreement needs to be
in place prior to the pre -construction meeting.
7. According to the application, it is proposed that the subdivision will access a
pressure irrigation stub from the existing Havasu Creek Subdivision's pressure
irrigation system. SID has no objections to this proposal as long as the system is
installed to our standards and specifications, and the developer of Havasu Creek is
agreeable allow connection since SID as not assumed ownership of the system to
date.
F. Adopt the Recommendations of Central District Health Department as follows:
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 must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
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.
G. Adopt the action of the City Council at their February 3, 2004 meeting as follows:
For clarification:
ACHD's special recommendation asked the City to require the developer to
Put curb, gutter, and sidewalk on the parcel, but because the proposed
property was not part of the annexation request, and is not part of the plat
request, this parcel shall remain a county property until such time as they
want to develop it.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDIVISION / (PP -03-039)
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2. It shall be required that prior to Final Plat submittal the applicant must
receive approval from the Meridian Fire Department for parking on one side
of the proposed street sections west of the landscape buffer dividing the
residential development from the proposed Light Office development. This
may require a revised street section.
For the corresponding conditional use permit application, CUP -03-062, the
Light Office development will require detailed Conditional Use approval.
4. Before submittal of the Final Plat, the developer shall obtain the necessary
easements and/or other written evidence of permission to install the curb,
gutter and sidewalk along Locust Grove Road, which would be on an out
parcel.
5. The applicant shall be required to provide 47 '/2 feet for street frontage.
6. The Meridian Fire Department has required the removal of the landscape
island in the center of the street to allow better access for fire trucks in the
subdivision.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDIVISION / (PP -03-039)
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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 -4---7105'
day of 6J�7,ctvs 2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE VOTED P_
COUNCILMAN BILL NARY VOTED_
COUNCILMAN CHARLIE ROUNTREE VOTED_i t
COUNCILMAN KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Ma de Weerd
umu°n,p,
Attest: `, a Of M13.!,,'.
`t'P' rEO
$EAL
Villiam G. Berg, Jr., City Clerk = v $"
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDIVISION / (PP -03-039)
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Copy served upon Applicant, The Planning and Zoning Department, Public WOO' F �M
Department and City Attorney.
By: y Dated:
Ci CI k
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
RAZZBERRY CROSSING SUBDIVISION / (PP -03-039)
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