HomeMy WebLinkAboutCherry Lane Office Sub PP03-029RECEIVED
FEB 0 3 2004
interoffice city of Meridian
MEMORANDUM City Clerk Office
To: William G. Berg, Jr.
From: Wm. F. Nichols
Subject Chen} Lane Office Park Subdivision
File: PP-03-029
Date: January 30, 2004
Will:
Please find attached the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF
PR,ELIMLNARY PLAT, pursuant to action of the Council at their January 20, 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 Council
approves the Findings.
If you have any questions arise please advise.
Z:1WorMM\MeridiunAMcridiun IS360MVGheny Lane OBlce Purlc Sub PP-0}-029 CUR03-048VBagPrePlulMHNlO 01 30 i}4,doc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 01/20/04
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT APPROVAL OF 6 OFFICE
LOTS ON 2.07 ACRES IN AN L-O
ZONE FOR CHERRY LANE
OFFICE PARK SUBDIVISION,
LOCATED ON THE NORTH SIDE
OF CHERRY LANE,
APPROXIMATELY 1,300 FEET
WEST OF CINDER ROAD, WTTHIN
SECTION 2, TOWNSHIP 3 NORTH,
RANGE 1 WEST, MERIDIAN,
IDAHO
Case No. PP-03-029
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
BY: PINNACLE ENGINEERS, INC.
APPLICANT
The above entitled matter coming on regularly for public hearing before the City Council
on January 20, 2004, and Brad Hawkins-Clerk Assistant City Planner for the Planning and
Zoning Department, and David McKinnon, appeazed and testified, and the City Council having
received a report from Craig Hood Associate City Planner 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 applicant having submitted the "PRELIMINARY PLAT FOR
CHERRY LANE OFFICE PARK SUBDIVISION, A PORTION OF THE SWl/4 OF THE SE Y
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CHERRY LANE OFFICE PARK SUBDIVISION / (PP-03-029)
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OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF
MERIDIAN, ADA COUNTY, IDAHO 2003, CHERRY LANE OFFICE PARK SUBDIVISION
PRELIMINARY PLAT -MARK BOTTLES, DRAWN BY: DKG, DESGINED BY: DKG,
CHECKED BY: DKG, PROJECT NO. C036219, SHEET PP-1, DATE: 9/15/03, REVISED
DATE 01/07/03 (notation: this should be the year 04), STAMPED RECEIVED JAN 08 2004
CITY OF MERIDIAN CITY CLERK OFFICE, DAVID BUICH -DEVELOPER, PINNACLE
ENGINEERS, INC. -ENGINEERS", David Buich, 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 L-O, and requires connection
to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 G]
2. The preliminary plat is in conformance with the Amended
Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382.
The applicant has requested Preliminary Plat and Conditional Use Permit approval for a
Planned Development on 2.07 acres of land located on the north side of Fairview
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTI'IONAL APPROVAL OF PRELIMINARY PLAT
CHERRY LANE OFFICE PARK SUBDIVISION / (PP-03-029)
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Avenue, approximately 1/3 of a mile west of Linder Road. The subject site lies within a
Public/Quasi-Public area of the 2002 Comprehensive Plan Future Land Use Map. The
property is presently zoned L-O, and is currently used as a church and for church related
activities. The subject applications were submitted concurrently to the Planning and
Zoning Department for review.
The submitted preliminary plat application proposes six office lots with the
landscaping, driveways, parking and common areas to be within easements. The
Conditional Use/Planned Development includes a request to allow the operation of a
nursing home facility in an L-O zone, and modified development standards including
reduced landscape buffer widths and reduced building setbacks. Nursing homes are a
conditional use in the L-O zone (MCC 11-8-1).
The applicant has proposed to construct two small landscaped plazas with picnic
benches as amenities for the PD.
3. The Cherry Lane Baptist Church of Meridian, Idaho, Inc. is the current
property owner and has submitted notarized consent for Pinnacle Engineers, Inc. to
submit the subject applications. David Buich is the developer of the proposed project.
4. It is found that the lot configuration and overall design of the subdivision
are in general conformance with the City of Meridian Comprehensive Plan.
5. The developer will be responsible for financing the extension of sewer,
water, utilities and irrigation services needed to serve the project. The primary public
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CHERRY LANE OFFICE PARK SUBDIVISION / (PP-03-029)
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costs to serve the future residents will be fire and police services. It is found that public
services can be made available to accommodate the proposed development.
6. Because the developer is installing sewer, water, utilities and irrigation,
for the development at their cost, it is found that the subdivision will not conflict with
the capital improvement program.
It is found that the City and its related services are capable of servicing
the proposed development. The development will not require major expenditures for
providing supporting services.
8. It is found that there should not be any health, safety or environmental
problems associated with this subdivision. There has not been identified any
environmental problems that maybe associated with the development of the site.
ACHD considers road safety issues in their analysis, and ACHD has recommended, with
conditions, approval of the subject subdivision.
9. The applicant has submitted for consideration of this approval drawing of
the preliminary plat herein designated as: "PRELIMINARY PLAT FOR CHERRY
LANE OFFICE PARK SUBDIVISION, A PORTION OF THE SWl/4 OF THE SE'/<
OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY
OF MERIDIAN, ADA COUNTY, IDAHO 2003, CHERRY LANE OFFICE PARK
SUBDIVISION PRELIMINARY PLAT -MARK BOTTLES, DRAWN BY: DKG,
DESGINED BY: DKG, CHECKED BY: DKG, PROJECT NO. C036219, SHEET PP-1,
DATE: 9/15/03, REVISED DATE 01/07/03 (notation: this should be the year 04),
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CHERRY LANE OFFICE PARK SUBDIVISION / (PP-03-029)
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STAMPED RECEIVED JAN 08 2004 CITY OF MERIDIAN CITY CLERK OFFICE,
DAVID BUICH -DEVELOPER, PINNACLE ENGINEERS, INC. -ENGINEERS".
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT
FOR CHERRY LANE OFFICE PARK SUBDIVISION, A PORTION OF THE SWl/4 OF THE
SE'/o OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY
OF MERIDIAN, ADA COUNTY, IDAHO 2003, CHERRY LANE OFFICE PARK
SUBDIVISION PRELIMINARY PLAT -MARK BOTTLES, DRAWN BY: DKG,
DESGINED BY: DKG, CHECKED BY: DKG, PROJECT NO. C036219, SHEET PP-1,
DATE: 9/15/03, REVISED DATE 01/07/03 (notation: this should be the year 04), STAMPED
RECEIVED JAN 08 2004 CITY OF MERIDIAN CITY CLERK OFFICE, DAVID BUICH -
DEVELOPER, PINNACLE ENGINEERS, INC. -ENGINEERS", David Buich, 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 and Engineering staff as
follows:
SITE SPECIFIC CONDITIONS (PRELIMINARY PLATT
1. The Applicant shall work with Planning & Zoning staffto ensure that the design and
construction of any "alternative" landscape buffer along Cherry Lane (if approved
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CHERRY LANE OFFICE PARK SUBDIVISION / (PP-03-029)
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with a Conditional Use Permit) meets or exceeds the intent of the 25-foot wide
landscape buffer.
2. Except abutting the existing church structure on Lot 1, provide a 20-foot wide
landscape buffer along the north and east property lines. Buffer materials along the
east and north property lines shall be in accordance with MCC 12-13-12-3. No
additional landscape materials shall be required abutting the existing structure on the
proposed Lot 1. This condition is approved with an alteration of Meridian City
Code.
3. Prior to final plat approval, submit to the Planning and Zoning Department, a
recorded copy of across-pazking/cross-access agreement for all ofthe lots within the
subdivision to utilize the two driveways and off-street parking stalls.
4. If required by the Meridian Public Works Department, the Applicant shall be
required to extend water mains to and through the proposed development. Water
service to the subdivision shall be from existing mains in Cheny Lane.
5. Underground veaz-round pressurized irrigation must be provided to all lots within
this development. The City of Meridian requires that pressurized imgation systems
be supplied by a yeaz-round source of water. 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, asingle-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.
6. Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches oftrees that
were removed. Required landscaping trees will not be considered as replacement
trees for those trees that have to be removed. Coordinate the proposed tree
mitigation plan with Elroy Huff in the Meridian Parks Department (888-3579).
7. Submit al] updated groundwater/soils monitoring data to the Public Works
Department for review. Any drainage areas (detention/retention basins) must be
designed to ensure that water will percolate or dischazge within a period oftime not
to exceed 24 hours for all storms up to and including a 100-year storm event. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CHERRY LANE OFFICE PARK SUBDIVISION / (PP-03-029)
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STANDARD CONDITIONS (PRELIMINARY PLATT
1. Submit a copy of the Ada County Street Name Committee's final approval letter for
the subdivision name, including lot and block numbering. Make any corrections
necessary to conform.
2. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
3. A letter of credit or cash surety in the amount of 110% will be required for all
landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature of
the final plat.
4. Streetlights will be required at locations designated by the Public Works
Department. All streetlights shall be installed at the subdivider's expense. Typical
locations are at street intersections and/or fire hydrants.
5. A detailed landscape plan for the common areas, including pathways and types of
construction, shall be submitted for review and approval with the submittal of the
final plat applications. The plan must include sizes and species of trees, shrubs,
berming/swale details, and all proposed ground cover/treatment. A letter of credit or
cash surety in the amount of 110% will be required for all fencing, landscaping,
pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final Plat.
6. 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 MCC 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.
Any existing domesfic wells and/or septic systems within this project will have to be
removed from their domesfic service per MCC 9-1-4 and 9-4-8. Wells may be used
for non-domestic purposes such as landscape irrigation.
8. Developer shall coordinate mailbox locations with the Meridian Post Office.
9. Any existing domestic wells and/or 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CHERRY LANE OFFICE PARK SUBDIVISION 1(PP-03-029)
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10. 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.
B. Adopt the Recommendations of the Ada County Highway District as follows:
Site Specific Conditions of Approval
1. Utilize driveway # 1 located on Cherry Lane, 126-feet east of the west property line.
This location meets District policy and shall be approved with this application.
2. The applicant shall do one of the following:
Utilize driveway # 2 in its current location on Cherry Lane. Driveway # 2 is
currently located 210-feet east of driveway #1 (measured near edge to neaz edge)
and approximately 131-feet west of the near edge of Vineyards Avenue.
OR
Relocate driveway # 2, approximately 150-feet east of driveway # 1(measured near
edge to near edge) and 190-feet west of Vineyard Avenue.
Pave the driveway its full width and at least 30-feet into the site beyond the edge of
pavement of the roadway with 15-foot curb radii abutting the existing roadway edge.
3. Should the applicant relocate driveway # 2, the applicant shall be required to replace
the unused driveway on Cherry Lane with standazd curb, gutter and concrete
sidewalk to match existing improvements abutting the site.
4. Other than the access point(s) specifically approved with this application, direct lot
or pazcel access to Cherry Lane is prohibited. Lot access restrictions, as required
with this application, shall be stated on the final plat.
5. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CHERRY LANE OFFICE PARK SUBDIVISION / (PP-03-029)
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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 ACRD 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 # 197, 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 (spaze or filled) aze compromised during anyphase of construction.
10. No change in the terms and conditions ofthis 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CHERRY LANE OFFICE PARK SUBDIVISION / (PP-03-029)
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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 awaiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time
the change in use is sought.
C. Adopt the Recommendations of the Settlers Irrigation District as follows:
All irrigation drainage facilities along with their easements must be protected and
continue to function. The Settlers Canal courses along the east and south
boundaries of the property in RCP pipe.
2. Any changes to the existing irrigation system such as relocation, tiling, and
landscaping must be approved by Settlers Irrigation District.
3. SID does not allow any trees or permanent structures within its easement.
4. SID does not allow any stone drainage into its system.
D. Adopt the Recommendations of the Meridian Fire Department as follows:
1. That afire-flow as required by the International Fire Code is provided to service the
entire project. Fire hydrants shall be placed an average of 350' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
4. All internal & external roads shall have a turning radius of 28' inside and 48'
outside.
5. Operational fire hydrants are required before combustible construction begins.
6. The proposed subdivision will have an unknown transient population and will have
an unknown impact Meridian Fire Department call volumes. According to a report
completed by Fire & Emergency Services Consulting Group in February of 2000 our
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CHERRY LANE OFFICE PARK SUBDIVISION / (PP-03-029)
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requests for service are projected to reach 2800 in the year 2005 and 3800 by the
year 2010, this is up from 2069 responses in the year 2000.
No vertical obstructions or mature landscaping which obstructs the outlets of the fire
hydrant within 10'.
Vertical clearance for driveways shall be 13'6", this may affect tree placement in
landscaping areas.
9. The driveway shall have a clear driving surface which is 20' wide available at all
times.
10. Buildings on the South end of the proposed projects shall have their address posted
on the street side of the building.
11. It is requested that the buildings on the North side ofthe project have their addresses
posted on a monument sign at each entrance on Cheny Lane and on the buildings in
6" numbers.
E. 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 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.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall bepre-treated through a grassy Swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CHERRY LANE OFFICE PARK SUBDNISION / (PP-03-029)
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F. Adoptthe Comments/Recommendations ofMeridian City Water Department as follows:
This property is cun•ently supplied by a 1 inch service with a 1 inch meter setter necked
down to a '/< inch meter. If more gallons per minute is required a 1 inch meter could be
installed without excavation.
G. Adopt the Rewmmendations of the Nampa & Meridian Irrigation District as
follows:
All municipal surface drainage appears to be retained on site. The is
acceptable to the District.
2. The District is listed to own and operate the pressure irrigation. As the
District has no way of delivering a constant flow at this location, this is
unacceptable. This issue must be resolved.
3. All laterals and waste ways must be protected. The developer must
comply with Idaho Code 31-3805.
H. Adopt the action of the City Council taken at their January 20, 2004 meeting as
follows:
For clarification:
The applicant submitted a Revised Cherry Lane Office Park Staff Report
response letter dated December 11, 2003, and which letter is on record
with the Meridian City Clerk's office.
2. The applicant clarified at the January 20, 2004 public hearing that the
vehicle parking has been moved so that it runs north-south, this is to
allow additional landscaping across the front for more depth. The
landscaping between the buildings and the back property is actually 15
feet.
3. The project is designated to have four buildings, but the Preliminary Plat
shows six lots on the site. The reason for that is to provide some
additional landscaping where the sixth building would have been and
provide additional parking stalls. In the future is this site develops, and
it's a use that is very low in use, then if there is not a need for parking, it
FIIVDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CHERRY LANE OFFICE PARK SUBDIVISION / (PP-03-029)
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is anticipated that it would be the last site to be built (if there is no need
for additional parking, then the site could be built on).
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS 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 fmal 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 maybe 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 maybe adversely affected by this decision may, within
twenty-eight (28) days after the date of this decision and order, seek a judicial review as
provided by Chapter 52, Title 67, Idaho Code.
/D ~~
By action of the City Council at its regular meeting held on the `
day of ~Q~~ , 2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE VOTED
COUNCILMAN BILL NARY VOTED
COUNCILMAN CHARLIE ROUNTREE VO ED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CHERRY LANE OFFICE PARK SUBDIVISION / (PP-03-029)
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COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
VOTED
~~~
Mayor d
Attest:
~~~
William G. Berg, Jr., City Jerk
Copy served upon Applicant, The Planning and Zoning Deparhnent, Public Works
Departrrlent and City Attorney.
By: ~°-- ~ Dated:
City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CHERRY LANE OFFICE PARK SUBDNISION / (PP-03-029)
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