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HomeMy WebLinkAboutJune 6, 2006 C/C Minutes ~. . Meridian City Council June 6, 2006 Page 113 of 119 Borton: Seeing no further comment, I move we close the Public Hearing on Item 21, V AR 05-027. Bird: Second. De Weerd: Okay. Motion to close 21. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve the request for reconsideration on Item 21, VAR 05-027 to include the applicant's concession to provide and extend the access immediately to the west on this newly approved right-in, right-out access, which is no closer than 500 feet from the intersection. Bird: Second. De Weerd: Okay. I have a motion to approve Item 21. Is there any discussion? Hearing none, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 22: Public Hearing: PP 06-002 Request for Preliminary Plat approval for 23 commercial lots on 22.85 acres in a C-G zone for Gatewav Marketplace Subdivision by Landmark Development - southeast corner of Ustick Road and Eagle Road: Item 23: Public Hearing: VAR 06-002 Request for a Variance for two access points to Eagle Road SH I 55 for Gatewav Marketplace by Landmark Development - southeast corner of Ustick Road and Eagle Road: De Weerd: Okay. Items 22 and 23 are public hearings on PP 06-002 and VAR 06-002. I would open these public hearings with staff comments. Canning: Madam Mayor, Members of the Council, just since it's late -- the amount of confusion over Gateway Marketplace and Meridian Gateway has really been enormous. I think that these project files are so intertwined at this point it's kind of silly. I notice that you did have some of the Gateway Marketplace material in your Meridian Gateway packet for tonight, so if you are missing something, that's probably where it's located. Meridian City Council June 6, 2006 Page 114 of 119 Gateway Marketplace. Here I am. Okay. This is another reconsideration from the applicant -- at the applicant's request. The original hearing was also on April 18th of this year. This property is located on the southeast corner of Ustick and Eagle. It is another variance request to the access to state highway standards. The original proposal had two access points -- the original proposal had two access points to Eagle Road -- De Weerd: Hey, Anna? Canning: Yes, ma'am. De Weerd: Before you continue, the applicant has written a letter requesting a workshop forum on this and I don't know where we are at in that process. Canning: Maybe Mr. Nary can -- De Weerd: So, maybe we want to cover that first and if they want a workshop, it would save us some time. Canning: Madam Mayor, Members of the Council, we have never had a workshop forum before it came to Council. I'm not sure once it's in the hearing process if that's an appropriate format and I believe that's what Mr. Nary's comments were. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: It is true the applicant has requested a workshop. The concern that was raised by the applicant was the difficulty staff has in trying to work through the particular issue here about the access and the variance that's necessary. What I advised both our planning staff, as well as the applicant, was that because we had already noticed the Public Hearing, that at the hearing that decision would have to be made by the Council. If the Council wished to continue this matter and direct that a workshop be done, the only -- the only thing I had recommended to the applicant and staff was that the Council or yourself, Madam Mayor, not be a participant in that, since you are decision makers in the ultimate resolution. But if the applicant feels they have got a good project or a good proposal in front of you and you want to take action on it, you certainly can. If they want to ask that we sit down with staff and the applicant a little further and try to work through whatever issues that might exist, we can certainly do that at your direction. I think the workshop as they had originally asked for was including either some or all of the Council or the Mayor as well and I don't think that would be appropriate to make a final decision. But, again, I did communicate that to the applicant and she did respond in saying that we would take this up later. So, she may have a different -- different view for tonight, especially at 1 :00 o'clock. De Weerd: Would you like to comment? ; Meridian City Council June 6, 2006 Page 115 of 119 Thompson: Madam Mayor, Members of the Council, Tamara Thompson, Landmark Development Group, 1882 Taluka Way, Boise, Idaho. 83712. My initial frustration was just that there wasn't a lot of discussion between council members on the denial of the variance and that I wanted to try to get a better understanding of what the issues were with Council and getting Mr. Nary's reply that that would not be appropriate, I did sit down with Anna last week and had what I would call a workshop with staff. So, if that is -- basically, I mean, if I have to only work with staff and we can't work with Council, then, I think we have had that and we are ready to go forward. De Weerd: Okay. Council, I guess my -- and I know we have made them wait all night. It is 1 :00 o'clock in the morning. Is everyone even lucid to consider -- and is this a five minute discussion or a one hour discussion? Canning: There are unresolved issues, so I don't think it's a five minute discussion. De Weerd: So, Council, I don't know if maybe you might consider continuing this for a workshop and giving staff and the applicant some more specific direction. I don't know what we can do at this stage, but I know I'm fading. I was fading during The Tree Farm, so -- Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I was going to say it appears that we are going to have a Public Hearing on the issue. I think the question is whether we do that tonight. I would be willing to continue that. I don't think an additional workshop with staff is what the applicant's asking for. They want a hearing, but I agree it's 1 :00 o'clock in the evening, I would be willing to continue this to a date certain. De Weerd: Council, I guess if you could give at least the applicant a little bit of feedback. You know, maybe, Tamara, it would help to ask specific questions that you can come back with. I feel -- I feel that I have errored by letting you stay all night and it's 1 :00 o'clock and we are going to continue you without any additional information. So, is there -- if this is something that Council wants to do, consider continuing this, is there some direction that -- that the applicant or questions the applicant can ask to know when we get back together again what you're looking for? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I had a question for Anna. She said there is quite a bit of difference or something. I take it that the biggest difference is the right-in, right-out. What's the other ones, Anna? # Meridian City Council June 6, 2006 Page 116 of 119 Canning: Madam Mayor, Members of the Council -- Bird: Without getting into a Public Hearing. Canning: I won't. When Tamara first came to talk to me I felt she had addressed the issues. In looking back over the previous discussions I realize there was ACHD issues with -- related to construction of Allys Way that were not addressed by this proposal. So, there is -- that's the biggest concern. And, then, the temporary nature of an access and, really, how temporary is commercial access once people get accustomed to that access is it really going to be temporary. So, I think that those are the two outstanding issues. De Weerd: So, perhaps that's enough direction to come back with -- so you at least know what those issues are? Canning: I think the three of us need to meet with ACHD. Bird: Okay. Now, if we continue it are we just going to be -- does she realize it will be the 20th? Because we don't meet next week, I guess. We are not going to have a quorum next week. De Weerd: The 20th. Go ahead. Thomas: I just said I have until July 5th and, then, this baby is coming. So, the 20th would be fine. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Tamara, I guess in light of Anna's questions, there was a remark on how it's paid for, the access that would be temporary, how changes in future access that's ten years down the road on how that's paid for. So, that was -- I guess you need some direction of what the questions might be, but while you have us here if there is something else on your list -- we can't do a workshop together, so that question's out. Thompson: Yeah. Madam Mayor, Councilman Borton, my main frustration, basically, was just what the -- what the main issues were and -- and what the Council would like to see as far as some happy medium we could come to, which I think we have presented something that is potentially a win-win for both sides and I hope you guys all got -- got copies of -- of what we have -- or what our proposal was going to be, without actually going into it. So, I think -- I think the issues that Anna's bringing up right now as far as Allys Way, that was a condition in our preliminary plat that we had to pay for half of that road. So, I guess I just don't understand what the issue is there. But I do see that there are some things that we need to look at closer with however far down the road that these accesses -- the permanent status of it changes, you know, if ownership changes, .' Meridian City Council June 6, 2006 Page 117 of 119 that kind of stuff, how that gets paid for, if that's bonded for up front or that type of stuff. So, we can work on that. Specifically I just was hoping for -- you know, there is not a whole -- sometimes there is not a lot of discussion amongst you guys to give us somewhere to go, so-- De Weerd: Usually there is lots of discussion. Thompson: I just didn't feel like on this that I had a good understanding of what the hot points were, but if staff understands those -- which I think they do and I think after talking with Anna this last week I had a better understanding of where that is, so I don't think I have any specific questions, unless you all have something that you know is your hot button, whether it's speed limits or -- I'm sure safety is at the top of all of our lists, but -- De Weerd: It certainly is and that's why we adopted restricted access, so -- Council? Wardle: Madam Mayor, I move that we continue Items 22 and Items 23 to June 27th, which would be the only meeting where we will have three-- De Weerd: Shaun won't be here on the -- I mean Councilman Wardle won't be here on the 20th. Bird: Yeah. Good idea. De Weerd: And the 20th is packed full of all kinds of fun items, too. Borton: Second. De Weerd: Okay. I have a motion to continue the Public Hearing to June 27th, 2006. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 24: Ordinance No. AZ 05-051 Request for Annexation and Zoning of 12.84 acres from RUT to R-15 zone for Ellensbura Subdivision by Centennial Development, LLC - northwest corner of North Ten Mile Road and West Pine Avenue: Item 25: Ordinance No. AZ 05-062 Request for Annexation and Zoning of 5.11 acres from RUT to R-8 for Sharp Estates Subdivision by The Gables, LLC - 2445 North Wingate Lane: Item 26: Ordinance No. 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: