HomeMy WebLinkAboutJune 22, 2004 C/C MinutesMeridian City Council
June 22, 2004
Page 14 of 29
Bird: I have none, Mr. President.
Nary: Mr. Bird?
Bird: I have none.
Nary: Oh.
Rountree: Mr. President?
Nary: Mr. Rountree.
Rountree: I move that we approve Item 10, FP 04-035, for R-4 zoning, Messina Hills
Subdivision No. 2, with the stipulation that site-specific comments of the staffs letter
dated June 22nd be modified as in the letter from Mr. Brown, dated the 22nd, for items
nine and ten.
Bird: Second.
Nary: It's been moved and seconded to approve FP 04-035, Messina Hills Subdivision
No. 2, with the amendments provided tonight by the applicant. Mr. Berg, would you
call roll, please.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Nary: We now have the portion of our agenda that's public hearings. If you intend to
testify, you think you might testify, you probably are going to testify, if you'd all raise
your right hand, we all have to be sworn -- you all have to be sworn before we can do
that, we'll do it all at once, if you can raise your right hand if you are going to testify. Do
you swear or affirm that the testimony you will provide tonight will be the truth, the whole
truth, and nothing but the truth, so help you God?
(Affirmative answers.)
Item 11: Public Hearing: MI 04-005 Request to allow direct lot access to North
Linder Road from an existing home on Lot 2, Block 2 of Cobblefield
Crossing Subdivision by CMD, Inc. -South of West McMillan Road
and east of North Linder Road:
Nary: Thank you. The next item is Item 11, MI 04-005 for Cobblestone Crossing
Subdivision.
Meridian City Council
June 22, 2004
Page 15 of 29
Powell: President Nary, the applicant has asked for this to be continued to July 6. I'm
sorry; I forgot to get you that information prior to your adopting the agenda.
Bird: Mr. President?
Nary: Mr. Bird.
Bird: Did you open the Public Hearing? Didn't you?
Nary: Yes.
Bird: I would move that we continue Public Hearing MI 04-005 to July 6th, 2004.
Rountree: Second.
Nary: It's been moved and seconded to move MI 04-005 for Cobblefield Crossing to our
July 6, 2004. All those in favor say aye.
MOTION CARRIED: ALL AYES.
Item 12: Public Hearing: MI 04-006 Request to amend the Development
Agreement for EI Dorado Business Campus to include nursing homes
and residential care facilities as permitted uses by W.H. Moore Company
- southwest corner of South Eagle Road and East Overland Road:
Nary: Next, Item 12, MI 04-006 for EI Dorado Business Campus. Mrs. Powell.
Powell: President Nary, Members of the Council, this proposal is for modification to the
development agreement for Bonita or EI Dorado and that area is right here, as I'm sure
you well know. They have specifically asked to allow a residential care facility or
nursing home as a permitted use in this C-G zone. It would --the way the development
agreement is structured, though; it would transfer over into the C-C zone here as well.
The C-G zone -- the development agreement approves any uses listed in the L-O
district as permitted uses. However, if you go toward the end of the development
agreement where it lists prohibited uses, it specifically calls out nursing homes. So,
under one portion of it it would seem to be allowed, but, then, it is specifically called out
as nursing homes and sanitariums are called out as prohibited uses. So, they are
asking for that to be removed and for them to be listed as principal permitted uses.
They have used the term residential care facility. Our zoning ordinance doesn't use
that exact language, so Brad has provided you the two definitions that do address it.
One is nursing home and the other one is convalescent or nursing home, rest homes,
and what they are proposing seems to fit within that description as provided there. So,
that's the change to the development agreement in brief form. There is a letter I
wanted to point out to you from Ed and Barbara Strickfaden that -- it is -- the third to the
last paragraph says: So, while we do not oppose a variance that would allow the skilled
nursing home residential facility for 60 beds, we would request both the Meridian