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HomeMy WebLinkAboutJuly 21, 2005 P&Z Minutes Meridian Planning & Zoning July 21, 2005 Page 6 of 90 Statesman last week you read about Peppermint Park, which was to be the playground for Pepper Ridge School, but is tied up in legalities with Boise city and the annexation process and so we opened a school this fall that didn't have a playground and still doesn't have a playground a year out. This was really brought home to us and Mayor de Weerd convened a conversation early in the fall, which a number of your staff participated in, because we opened a new middle school this year, Sawtooth Middle School, without sidewalks and so our attempt at bringing the entities in to cooperate with us and plan with us to make sure that you know we where are building, what the time line is, and that we can work together to insure that all of the things are in place when youngsters appear there to go to school. So, that's a very quick kind of reader's digest version of the growth issues. I would be happy, Mr. Chairman, to stand for any questions related to this or anything else that the Commissioners have questions on. Zaremba: Thank you, Commissioners, any questions? Moe: Actually, I have no questions whatsoever. I really appreciate you coming tonight. A lot of information and a lot to think about, quite frankly. Clark: Thank you. Thank you, Mr. Commissioner, we will-- Zaremba: One of my questions was going to be whether you're getting cooperation from the city and the planning and zoning and you have pretty well answered, I think. Clark: We absolutely are. And I feel very good about that and I think that -- that your staff, as well as ours, would say that we have come light years during this year in expanding that. We just look at continuing to work on this. Zaremba: Great. Thank you so much. Clark: Thank you. And if your Commission will ask us to come back to bring specifics of the bond and to show you the site plans or places where we believe that we need to be purchasing land out of that money that we have in the bond for land acquisition, so that we can start that cooperative process. Zaremba: That would be important information also and we will try and schedule that. Clark: Thank you. Thank you, Mr. Chairman and Commissioners. Zaremba: Thank you, Dr. Clark. Item 5: Recommendation: VAC 05-010 Request to vacate 16 foot right of way easement on Lots 1-9, Block 1 of the amended plat of the Townsite of Meridian for Meridian Creamery by Zeke Johnson - 27 East Broadway Avenue: Meridian Planning & Zoning July 21, 2005 Page 7 of 90 Zaremba: Next on our agenda is a recommendation. This is not a Public Hearing, it's a discussion among the Commissioners and the staff to make a recommendation to the City Council and so I will open the recommendation process for V AC 05-010 and we will begin with the staff. Wilson: Thank you, Mr. Chairman, Members of the Com'l1ission. The application before you for recommendation is an application by Zeke Johnsòn of RSCI to vacate a 16 foot right of way adjacent to the alley on the creamery property in Meridian. The 16 feet is located on the south side of the alley there on the creamery property, which is south of Broadway Avenue and east of Meridian Road. The legal department has clarified for us that although the ownership documents may not reflect it, all right of ways are ACHD jurisdiction and this doesn't change your recommendation as a Commission, your recommendation will remain the same to City Council that they do vacate the city's interest to this land, but the process after City Council approves it may change for the applicant. And legal counsel can clarify if they'd like to. The applicant has also recently submitted an application to vacate a portion of the alley, which will be a separate matter heard at a later date, which does have some issues. In this portion there are no city- owned utilities and with that I think I will stand for any questions or maybe any clarifications that legal counsel may have. Zaremba: Mr. Baird, do you care to add -- Baird: Mr. Chair, Members of the Commission, that was a good summary, but I, too, can stand for questions if you do have any. Zaremba: I think my question is, obviously, we make a recommendation to the City Council. Would it be useful for us to also add to that a consensus that would be passed along to ACHD? Baird: Mr. Chair, Members of the Commission, that would be fine. And I guess since I do have the floor I will make a clarification that this particular 16 feet was deeded to the City of Meridian for right of way purposes. It was never opened as a road and so that's -- that's why there may have been some confusion on the applicant's part. Between now and the time that this matter makes it to the City Council, our legal staff will sit down with ACHD's legal staff and make sure that they agree that they do have the jurisdiction statutorily -- within the county they have jurisdiction over all rights of way, whether they are open -- whether that didn't open or not, but if it's a public right of way it's our opinion that they are the authority that vacates it. However, your recommendation to the Council is that you have looked at it and making a recommendation one way or the other, if you think it should be vacated. Zaremba: Thank you. Do we need to have any discussion from the applicant or do we know what we need to know? Commissioners? Moe: I've kind of -- I've reviewed it and I'm ready to make a motion. 'l -, :\ , ~ Meridian Planning & Zoning July 21, 2005 Page 8 of 90 Zaremba: Okay. Likewise? Rohm: Yeah. I concur. Zaremba: Commissioner Moe. Moe: In that case, Mr. Chairman, I move that we forward to City Council recommending approval of VAC 05-010. Rohm: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That motion carries. MOTION CARRIED: THREE AYES. TWO ABSENT. Zaremba: All right. With that we are beginning the Public Hearing portion of our meeting and some of you have heard this before, but many of you don't come very often, so I will explain our procedures a little bit. Each application, the applicant and our professional staff have already spent quite a bit of time together, so we begin each subject with a presentation from our staff that clarifies where the project is and what the project is and any outstanding issues related to the Comprehensive Plan and the city ordinances that may have come up between the staff and the applicant, alerting us to those, and any potential either problems or workings out that are in the process of going on. Following that we ask the applicant to make a presentation, commenting on any issues that have been raised, adding any information that they feel we need to know to make an intelligent decision. We do limit the applicant to 15 minutes and that includes any supporting staff they may have, engineers, architects, whatever, to make their part of the presentation and comment on what the staff has said. Following that is when the real public gets a chance to say something. We do have a sign-up sheet and I will take names from the sign-up sheet and once everybody who has signed up has had an opportunity to speak, we will also ask if anybody else thought of something that they need to add that would be enlightening. We do ask that you confine your remarks to about three minutes. This helps us not go on until 1 :00 or 2:00 o'clock in the morning with these lengthy meetings and it's always appreciated if all you do is step up and say well, I agree with what Joe just said. We know what you mean. We do ask -- it is important, since it was important enough for you to come down this evening, it's important for us to be able hear you. So, we ask that you only speak when you're at the microphone here. That enables us to hear you, it enables our recorder to get it down. All of these meetings are recorded for public record. We also ask that when you come to the microphone, if you would begin by stating your name and address for the record, so that we know who you are and if there is any follow-up needed, we can ask questions, if we don't think of the questions tonight. As I mentioned, we ask you to confine that to three minutes. There is an exception. If there is a spokesman and an example of that would be the president of a homeowners association, who is going to speak on behalf of other people who are not going to speak, because he or she is speaking, we do allow