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HomeMy WebLinkAboutJuly 25, 2006 C/C Minutes Meridian City Council July 25, 2006 Page 13 of 77 Nary: Madam Mayor, Members of the Council, you don't need to pick a specific date. You can -- they will have to check the hearing schedule and we will have to notice it up. And, technically, what you're doing is moving to reconsider the decisions on the AZ, the PP, and the CUP applications and tabling the Findings of Facts and Conclusions of Law. Rountree: And knowing that we don't have to have a date certain, the motion also includes that these items be tabled until we have reconsideration. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: For the motion -- or -- now that includes any cost we will pick up; right? Like re- noticing, redoing that, we will do that? It will not be up to the applicant in your motion? Rountree: That was the intent of my motion and what I heard previously. De Weerd: Okay. And, Mr. Nary, I guess my question to you would be as this is reopened, is it reopened specifically for the items noted and the concern to be addressed or -- Nary: Madam Mayor, Members of the Council, once you have made a decision to reconsider an earlier decision, it can be only for those specific items or for a rehearing over the entire project. Since it is an annexation application, my recommendation would be is that although you may want the specific questions answered, you're going to rehear this entire project, because it would be as if no decision had been made yet. De Weerd; Okay. Okay. Council, any further discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, nay; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 8: ReQuest for Reconsideration of Denial for Annexation and Zoning and Preliminary Plat for Baraya Subdivision by RMR Consulting, Inc.: De Weerd: Okay. Thank you. Okay. Item 8 is a request for reconsideration of denial for annexation and zoning for -- yeah. Thank you. I don't know who names these subdivisions, but -- and who is -- who is up on this one? Meridian City Council July 25, 2006 Page 14 of 77 Nary: Madam Mayor, Members of the Council, I think Mrs. Canning -- if Mrs. Canning has any input, but I think the applicant, Mr. Schultz, appears to be walking to the microphone, has filed the request. I think the request in front of you is, essentially, a delay of this decision for denial until some of the Ten Mile study process has begun, as it appears to be maybe not as long as anticipated. It doesn't mean you can't deny it in the future. I think all he's asking you is to delay that final decision. Maybe Mr. Schultz has a different perspective. De Weerd: Okay. Mr. Schultz. Schultz: Thank you, Madam Mayor and Council. My name is Matt Schultz at 2127 Alaska in Meridian with RMR Consulting, representing this application that was denied last week -- last Tuesday night. There is two -- two things that have changed since the denial that I'd like to present as a basis for reconsideration. One it seemed to be the biggest issue was the sewer easement, which I know has been granted. And, secondly, the Ten Mile specific plan, which staff had indicated previously might take 18 months, we are anxious to work with -- work with the other members of that planning effort, including staff and other stake holders and zeroing in on some certain areas first that staff believes we might be able to work through that in 90 days, 100 days, something like that. So, therefore, we are asking for reconsideration and a continuance of the Public Hearing to re-hear it -- I'm asking for a date certain October 17th, but that could be modified if we need more time, if these progressed, to come to a consensus, if you will, on that particular area of the Ten Mile plan, which is four square miles. We are 80 acres -- 90 acres of four square miles and we would humbly ask for that reconsideration for roughly 90 days until October 17th. Thank you. De Weerd: Okay. Thank you. Okay. Council, any discussion or questions needed of staff? Procedurally, Mr. Nary -- Nary: Madam Mayor, Members of the Council, on a request for reconsideration, if no one makes such a motion, then, the motion would, then, die. You have -- the Findings haven't been completed yet I believe for this, so we don't have it in front of you, so there may be another opportunity if you wanted to do that. You have a couple of choices here. You can table the Findings and the denial until October and see where this -- where this process is at that juncture. Or you can reconsider it, set it for another hearing, but the problem you have is you're going to send out notices, there is not necessarily any new information today, but you would send out notices -- notice of the hearing, you may end up continuing it if the Ten Mile study hasn't evolved to that point yet. So, I mean you have a couple of choices, one of them being you don't have to do anything. But my recommendation would be is if you want to choose to do that, that you table this decision until later and, then, see where your study is and, then, you can always either implement the Findings and denial that you have already done or if you believe it is, then, appropriate to have a new hearing, you can, then, reconsider the matter and set it for hearing. So, you can put this decision off until October 17th, if that's a viable date. I don't know if Mrs. Canning has a different thought as to that timing. Meridian City Council July 25, 2006 Page 15 of 77 Canning: Madam Mayor, Members of the Council, the charrette will wrap up prior to -- prior to October, the last days of September, whether it's the 30th or the 29th, I'm not quite sure. So, we should have a really good idea of what we will be presenting to Council for the Comprehensive Plan amendment or the Ten Mile specific area plan come October 1 st. Most of the issues should be resolved by then on what we are presenting. So, I do believe that -- that the October date at least gives us time to find out what -- how this property will be moving or what we will likely see there. De Weerd: Thank you, Anna. Okay. Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Speaking for one negative vote last week on this, the sewer easement, whether we got it or not, was not within my decision to deny it. I don't know how -- I can't speak for the other negative votes, but the sewer easement had nothing to do with it. De Weerd: Okay. Bird: And if there is no other discussion, I will make a motion that we table the decisions on AZ 06-025, PP 06-024, to October 17th, 2006. De Weerd: Do I have a second? Rountree: I will second. De Weerd: Okay. Discussion? Rountree: Madam Mayor, I heard what Mr. Nary said. I just need to have that square with my understanding. I know we have to make decisions one way or another within a prescribed period of time. By tabling this item do we still fit within that window or are we going to exceed it? Nary: Madam Mayor, Members of the Council, your ordinance requires you hear it within a certain period of time. Rountree: Okay. Nary: So, you're fine. Rountree: All right. Nary: And so, no, tabling this matter, especially since it's at the request of the applicant, I don't think you have any problem. Meridian City Council July 25, 2006 Page 16 of 77 Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: Point of clarification. Mr. Nary, they table it? There is not an item on the agenda, there is just a reconsideration. Don't they need to wait until the Findings get on the agenda before they can table them? Nary: Madam Mayor, Members of the Council, I guess to make it easier, Mrs. Canning is technically right. I mean you don't have the Findings in front of you, but if your motion is based on their request for reconsideration you want to table that decision, the Findings will be prepared for October 17th. Canning: Okay. Nary: If that's the intent of your motion, which is I think -- but Mrs. Canning is right, you technically don't have them in front of you to table them, but rather than not taking action tonight, waiting two weeks, preparing Findings of Facts and, then, setting them over for two months -- if that's your intent that's what we will do. De Weerd: Okay. Thank you, Mr. Nary. Any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, nay; Borton, abstain. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSTAIN. Berg: Motion carries. Just as clarification, we will put the Findings on the October 17th meeting for decision of the Council. Thank you. Item 9: Tabled from July 11, 2006: FP 06-030 Request for Final Plat approval for 88 single-family residential building lots and 9 common lots on 29.7 acres in an R-4 zone for Madelvnn Estates (f.k.a. Basin Creek) by Pacific Landmark Development - 5603 N. Locust Grove Road: De Weerd: Thank you. Okay. Item 9 is tabled from July 11th on FP 06-030. Canning: Madam Mayor, Members of the Council, staff is recommending approval of this, but since we discussed it last week, I wanted to give you a brief update. The issue last week was that in the preliminary plat you will recall that there were some landscape islands at the two major intersections that the applicant was struggling with keeping those islands and they couldn't -- they weren't to ACHD standards, so they had to modify them. What they have done -- if I can find the right -- oh, here they are. They are substantially smaller. However, they have compensated by making the -- by providing landscape islands in the cul-de-sacs where they weren't previously. We also discussed the fact that this lot around the existing home had changed shape. There