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HomeMy WebLinkAboutDecember 6, 2005 C/C Minutes Meridian City Council December 6, 2005 Page 14 of 32 MOTION CARRIED: ALL AYES. Item 12: Request for Reconsideration of Irvine Subdivision Annexation I Zoning, Preliminary Plat and PUD Applications by Dyver Development, LLC: De Weerd: Thank you. Item 12. Does planning --Item 12-- Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Before going to Items 12, 13 and 14 and 15, I need to recuse myself. De Weerd: Okay. Thank you. Okay. Item 12 is also a request for reconsideration. I would ask the applicant to come forward. Please state your name and address. Amar: Thank you, Madam Mayor. For the record Kevin Amar. Address 36 East Pine in Meridian. Similar request as to the previous. There was some discussion after the Public Hearing was closed and I think some information that was essential to this project and we would like to present that with respect the surrounding area and the nature of the project itself, would like the opportunity to do that at a future date for this project and get some more information in at least some direction from this body. Is that short and sweet? De Weerd: Thank you. Council, any questions for the applicant? Bird: I have none, Mayor. Amar: Thank you. De Weerd: Okay. Thank you, Kevin. Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Question for counsel. If we grant the request for reconsideration, at that time is there -- if there has been changes to the application made, is there an opportunity for the Council to remand that to the Planning and Zoning Commission without approving the consecutive conclusions for denial? Nary: Madam Mayor, Members of the Council, Councilmember Wardle, absolutely. If in your reconsideration your decision is that that matter should be remanded, you can remand that. At that point you would probably rescind those actions you have taken, Meridian City Council December 6, 2005 Page 15 of 32 because the denial would not be necessary at that juncture. But, yeah, you still would have free consideration to do any of that. De Weerd: Okay. Any further questions? Okay. Do I have a motion on this item? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: After further review and discussion with staff, I would move that we approve Item No. 12, request for reconsideration of the Irvine Subdivision. Donnell: Second. De Weerd: Okay. Motion to approve the reconsideration and set it for January 3rd. Bird: January 3rd. Nary: It has to be with Mrs. Donnell present. Wardle: January 3rd, while you're still here. De Weerd: Okay. Since I asked for roll call, I will again. Roll-Call: Bird, yea; Rountree, abstain; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Item 13: Item 14: Item 15: Findings of Fact and Conclusions of Law for Denial: AZ 05-038 Request for Annexation and Zoning of 38.5 acres from RUT to R-8 zone for Irvine Subdivision by Dyver Development, LLC - southeast corner of Ten Mile Road and Chinden Boulevard: Findings of Fact and Conclusions of Law for Denial: PP 05-037 Request for Preliminary Plat approval of 200 building lots and 21 common lots on 38.5 acres in a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC - southeast corner of Ten Mile Road and Chinden Boulevard: Findings of Fact and Conclusions of Law for Denial: CUP 05-039 Request for Conditional Use Permit for a Planned Development for single family detached residential units and single family attached residential units in a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC - southeast corner of Ten Mile Road and Chinden Boulevard: Meridian City Council December 6, 2005 Page 16 of 32 De Weerd: Okay. So, do I have a motion on Items 13 through 15? Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I move we table Items 13 through 15 to January 3rd. Donnell: Second. De Weerd: Okay. Motion to approve Items 13 through 15 to be tabled to January 3rd. All those in favor say aye. Okay. Those -- did you vote? Rountree: Abstained. De Weerd: Okay. Three ayes and one abstention. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Item 16: FP 05-068 Request for Final Plat approval of 4 office lots and 1 common lot on 1.74 acres in a L-O zone for Newton's Nook Subdivision by Pennwood III, LLC - south of Franklin Road and west of Meridian Road (Lot 10, Block 1 of Troutner Park Subdivision): Item 17: FP 05-069 Request for Final Plat approval of 47 single-family residential building lots and 10 common area lots on 10.15 acres in a R-8 zone for Woodburn Subdivision by Dyver Development, LLC - 870 West Ustick Road: De Weerd: Okay. Item 16 is FP 05-068 and we do have a letter agreeing to staff comments. Steve, do you have any further comment on that item? Siddoway: Madam Mayor, no. I was simply going to state that on both this item and the next one, both final plats, we have letters from the applicant saying that they agree with the conditions of approval. De Weerd: Okay. Council, do you need any further information on Item 16 or 17? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Can the motion include both items? De Weerd: Yes.