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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