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HomeMy WebLinkAboutDecember 6, 2005 C/C Minutes Meridian City Council December 6, 2005 Page 10 of 32 Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Madam Mayor, I'm sorry. I move that we accept staffs recommendation to move forward with ordinance changes and to waive the fee for the applicant. Bird: Second. De Weerd: Okay. The motion is to approve the fee waiver. Is there any further discussion? Rountree: I have none. De Weerd: Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. D. Mayor's Office 1. ACHD Neighborhood Representative: Advisory Committee De Weerd: Thank you. Item 6D is just a kind of an FYI. This is an assignment to a citizen to be placed on ACHD's neighborhood advisory committee. Wes Edwards was our neighborhood representative, in addition to Terry Smith and Steve Siddoway, and Wes had to step down. He's expecting like his seventh child or something. I don't know. A lot of kids. And he just didn't have the time anymore. He had to step off in November and we do have a replacement. Andy Wonnacott has attended the meeting just a couple weeks ago and along with Steve. I do have his resume here, if you would like to know more about Andy. But he is in place. He's met with Steve. Steve has brought him up to date as far as what the committee has been doing and some of the transportation related issues. So, we feel he will be a good advocate for our community and, again, if you would like further information, I certainly have that available for you. And I don't need any action on this item. It's just an FYI. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. We had no items moved from Item -- from the Consent Agenda. Item 8: Request for Reconsideration of Banff Subdivision Annexation I Zoning, Preliminary Plat and CUP Applications by Landworks, LLC: Meridian City Council December 6, 2005 Page 11 of 32 De Weerd: So, Item No.8 is a request for a reconsideration. Mr. Nary, is the best way to handle those is just ask the applicant to step forward or do you want to introduce this? Nary: Madam Mayor, I could probably briefly introduce this. I know the Council's familiar with this project. You have previously denied this project. The Findings of Facts for denial are on your agenda tonight as Items 9, 10, and 11. We have had the request for reconsideration. If the Council action is to grant that reconsideration, then, you would need to set this for a hearing at a later time. If you want the applicant to incur the fees and costs of re-noticing that, you would probably include that in your motion if that was your desire. If you don't wish to grant that reconsideration, then, you could move forward to Items 9, 1O, and 11 and approve those for denial, the Findings that are in front of you. Staff, from planning, may have some input after the applicant has made their pitch as to why to reconsider and what impact that may have to staff, something for you to consider in your decision as to whether or not to grant that, so I think that's probably enough intro. De Weerd: Okay. Would the applicant like to come forward. Please state your name and address for the record. McKinnon: Thank you, Madam Mayor, Members of the Council. Dave McKinnon, 735 South Crosstimber. I wasn't expecting to be able to speak tonight. Typically, at your reconsideration hearing you determine whether or not you want to do that, so I'll make my comments really brief. De Weerd: That would be appreciated. Should we set the timer? McKinnon: As I know, the only two people that can make a request for reconsideration is either the maker of the motion or the person that seconded the motion. It was a two- one split the last time we met. Councilman Rountree, you weren't present at that time. There were a few things that were discussed at that -- I believe that there may be some afterthought that took place after the meeting and just like to ask you to reconsider this motion that you made at that time, set it for a future date. We'd love to have a future date when the person who voted in favor of it, Mrs. Donnell, could be in attendance. We know that her time is short. So, that would be my request tonight. If you have any questions of me, I would be happy to answer them at this time. De Weerd: Council, any questions? Okay. McKinnon: Thank you. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Meridian City Council December 6, 2005 Page 12 of 32 Bird: Are you going to -- De Weerd: I will ask Steve for any comments from staff. Bird: If they have got any comments and, then, I have got -- then I do have some. De Weerd: Okay. Siddoway: Madam Mayor, the only comments that I would have is that the staff report was prepared for denial originally. The Planning and Zoning Commission recommendation was for denial. So, there has not been any work done on Findings for approval. So, if you do wish to -- if you do move this for reconsideration and this moves forward with any -- to prepare Findings for approval in the future, there will be significant staff work to change the staff report in favor of the project. But I guess we are not here to discuss whether we are in favor of it or not, we are just here to decide whether to reconsider it. De Weerd: That's correct. Okay. Mr. Bird? Bird: Madam Mayor, I was one of the negatives and I wholeheartedly am happy to see them come back, because I missed something. I forgot to put in my dam in between my ears, I guess, when they were talking. So, I am, for one, for reconsidering it, if we can get a second on it. I think there is only -- the only thing that I -- part that I need testimony on is the going away of Linder entrance and exit once the property south of it is developed. And I somehow or the other missed what the applicant said, after I read the -- looked at the minutes and stuff, that's why I say, that's when I didn't put my dam in. So, that's -- I would be willing to make a motion and that we reconsider this at no cost to the applicant, to bring it back forward on January 3rd, while old business is being done. Donnell: Is that a motion? De Weerd: That was a motion. Bird: That was a motion. Donnell: Second. De Weerd: Okay. The motion is to approve the reconsideration and set this for January 3rd under old business. Mr. Berg, does that give adequate time for noticing? Okay. Is there any discussion? Donnell: I think I was going to be in Mexico during that -- I'm kidding, actually. I'd like to be in Mexico. Meridian City Council December 6, 2005 Page 13 of 32 De Weerd: Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, nay; Donnell, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 9: Findings of Fact and Conclusions of Law for Denial: AZ 05-033 Request for Annexation and Zoning of 3.02 acres to R-B zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: Item 10: Findings of Fact and Conclusions of Law for Denial: PP 05-032 Request for Preliminary Plat approval of 21 single family residential building lots and seven common lots on 2.91 acres in a proposed R-B zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: Item 11: Findings of Fact and Conclusions of Law for Denial: CUP 05-036 Request for a Conditional Use Permit / Planned Development to allow reduced lot sizes, setbacks, frontage and minimum ground floor square footage for Banff Subdivision by Landworks, LLC - 675 South Linder Road: De Weerd: Okay. Thank you. So, this will be set for January 3rd. Okay. Items 9, 1O, and 11, then. Mr. Nary. Nary: Madam Mayor, probably the most efficient way -- we just table those items until your January 3rd meeting as well, because, again, I don't know what your outcome of your reconsideration may be, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Can I table all three at the same time? De Weerd: Yes. Bird: I would move that we table Items 9, 1O, and 11 for Banff Subdivision CUP, preliminary plat, and zoning. Donnell: Second. De Weerd: Okay. The motion is to table Item 9 through 11 to January 3rd, 2006. Is there any discussion? Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. 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,