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HomeMy WebLinkAboutSeptember 15, 2005 P&Z Minutes Meridian Planning & Zoning September 15, 2005 Page 8 of 57 Moe: I have no questions. Zaremba: Okay. In that case we ready for a motion. Moe: Mr. Chairman? Zaremba: Commissioner Moe. Moe: I move that we recommend approval to City Council of file number V AC 05-012 as presented in the staff report for the hearing date of September 15th, 2005. Borup: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? Motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 6: Continued Recommendation from September 1, 2005: VAC 05-014 Request to Vacate Ada County Highway District Right-of-Way for Dorado Subdivision by W.H. Moore - northwest corner of Eagle Road and Overland Road: Zaremba: Next is also a continued recommendation and this is VAC 05-014 relating to Dorado Subdivision. Guenther: Thank you, Mr. Chairman, Members of the Commission. The Dorado vacation is for vacation of easement on Eagle and Overland Roads. This show the proposed Dorado Subdivision, which would acquire this right of way for their future expansion. There has been detailed and very strenuous discussions between ITD and ACHD that the city does not have an opinion about, because it's -- the deal is between the two agencies. We tried to just basically wait until all the dust had settled in order to make this recommendation. The city's recommendation is let both the agencies work it out, so we are going to recommend approval based on the fact that ACHD and ITD have come -- have appeared to come to a resolution, they just need to finish working some situations out between the two agencies and so we are just looking to forward this on with a recommendation of approval. Zaremba: Would it be appropriate to add a condition that at this stage we would be willing to recommend approval, but that it needs to be resolved before it actually goes before the City Council? Guenther: This is just a recommendation -- Zaremba: Or is that the way it's going to happen? Meridian Planning & Zoning September 15, 2005 Page 9 of 57 Guenther: This is a recommendation, for ACHD holds the final hearing for the actual vacation of this easement -- of this right of way. And their hearing is at the end of this month. The -- for the Dorado Subdivision it's fairly central for them to move this on, so that they can get through with this, because we can't actually accept and finalize the plat until they own that section of right of way, whatever the dimensions of the right of way may end up being. So, that's what we are just saying, is we are going to let ITD and ACHD work that out and, then, have, obviously, until the end of the month in order to do that before ACHD's hearing on the vacation. Zaremba: So, it doesn't necessarily need to be resolved before City Council hears it even? Guenther: No. Zaremba: Okay. Baird: Mr. Chair-- Zaremba: Mr. Baird. Baird: -- and Members of the Commission, if I could just add to that. The city's recommendation can be made regardless of who has the jurisdiction. The city's looked at it, they don't have any issues with vacating it, so the staff's recommendation is not based on whether it's ACHD's jurisdiction or ITD's. However, we do have some comfort that we have heard from ACHD and they are relatively confident that it is within their jurisdiction and that that will be worked out. So, I think you can make your recommendation with some confidence that the applicant has that well in hand. Zaremba: Okay. Thank you. Commissioners, a motion would be in order. Borup: Mr. Chairman? Zaremba: Commissioner Borup. Borup: I move to recommend approval to City Council of file number VAC 05-014, as presented in the staff report for the hearing date of September 15th, 2005. Moe: Second. Zaremba: We have a motion and a second. All in favor say aye. Anyopposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Meridian Planning & Zoning September 15, 2005 Page 10 of 57 Zaremba: All right. The remainder of our meeting does consist of public hearings and some of you may have heard this, but for those of you who don't come to our meetings very often, I will run through our procedure a little bit. Our professional staff and the applicant have already spent quite a bit of time together. So, we begin with a presentation from our professional staff. They identify for us where the project is, what the project is. They compare all of the works that have been brought to them to both the Comprehensive Plan and up until now the planning and zoning ordinances and effective today there is a new Unified Development Code, which they also compare things with. And their judgment is not really whether the project is nice or bad, their judgment is whether it complies with the law and sometimes there are still some questions that are a little vague in the law and that's sort of what our job to interpret before we make a recommendation to the City Council. So, the process is the staff will make their presentation about the project, identify any issues that are still remaining as far as the law is concerned to be resolved with the developer before we make a recommendation to City Council. After the staff has spoken, the developer can respond to anything that has been raised or tell us anything extra that they feel we need to know. We allow the applicant or developer 15 minutes to make their presentation and that includes any supporting staff that they have, engineers or architects or something, in those 15 minutes. After that we do open it to the public. That's you. This is your turn to tell us what you think about this project, what you think needs to be considered that may not have been considered, what else we need to think about before we make our recommendation. We do ask that you limit your remarks to three minutes, so that our meetings don't go on and on forever. And, actually, we do offer this. If there is a spokesman on any subject and an example of that would be a president of a homeowners association, and we have them identify themselves as a spokesman for many of you, we do give that person ten minutes. Then, we ask those of you that have signed up and the spokesman has spoken for you, when I call your name if you would just raise your hand and say Mr. So and So spoke for me. If you have something that you think was missed, please, do come forward and add it. But if all you want to do is support what's already been said, we will know what you mean. We do ask any remarks that you have, since it was important enough for you to come down tonight, it's important that we hear it and that the recorder hear it and get it on. So, please, only speak when you're at the microphone and when you come forward do identify yourself first with your name and your address. We appreciate that. So, individuals will have three minutes, a spokesman will have ten minutes, and that's on the assumption that some of the individuals are giving their time up to that spokesman. During that time the applicant will take notes on the issues that you raise and since it's their project, they will have the final word. They will have ten minutes to explain or help or propose any changes that will satisfy any issues that have been raised during the public testimony and, theoretically, we will, then, close the Public Hearing and deliberate on it and make a recommendation to City Council where they will also have a Public Hearing on the same subject. Item 7: Continued Public Hearing from August 4, 2005: AZ 05-013 Request for Annexation and Zoning of 120.15 acres from R1, RUT, C-G and I-L zones to C-G, I-L and L-O zones for Pinebridge Subdivision by Pinnacle