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HomeMy WebLinkAboutOctober 3, 2006 C/C Minutes Meridian City Council October 3, 2006 Page 26 of 53 Item 9: Public Hearing: AZ 06-030 Request for Annexation and Zoning of 8.03 acres to an R-8 zone for Northborouah Subdivision by Gemstar Development, LLC - north side of Ustick Road and east of Linder Road: Item 10: Public Hearing: PP 06-030 Request for Preliminary Plat approval of 35 residential lots and 4 common lots on 8.03 acres in a proposed R-8 zone for Northborouah Subdivision by Gemstar Development, LLC - north side of Ustick Road and east of Linder Road: De Weerd: Okay. Items 9 and 10 are Public Hearing AZ 06-030 and PP 06-030. I will open these two public hearings with staff comments. Hood: Thank you, Madam Mayor and Members of the Council. The subject applications before you are for Northborough Subdivision. The site is located on the north of Ustick about 700 feet from Linder. Just for general reference in the vicinity of this project there is a three acre parcel directly to the north of the project. Sawtooth Middle School is, then, north of that. You can see on the aerial just almost off the screen. To the south is the proposed Southwick Subdivision and, then, to the east and west is still large county parcels. The subject applications are request for annexation and zoning of the 8.03 acres to R-8 and a preliminary plat that includes 34 single family lots and four common lots. The average lot size is 7,758 square feet. The gross density is 4.23 dwelling units per acre and the net is 7.17 dwelling units per acre. There is about 13 and a half percent of the site being set aside for open space. There is an existing -- I'm sorry the scaling didn't come in very well with the plat. If you -- north would be facing to the left there. There is an exist private lane that basically bisects this property north-south, separating it east-west and there is that existing three acre parcel, again, in the county that uses that tOday as access. That will need to be vacated as part of this application, so you will be seeing the application in the future to request to vacate that private lane easement. A couple of outstanding issues, if you will, for the City Council that staff brought up for the Planning and Zoning Commission, the Commission did not make any changes to what the applicant proposed, but in the staff report we did have a statement or two in there about wanting to see the applicant consider an alternative design for Block 4 and I'm going to talk about that for just a second. Block 4 is right here and, again, I apologize, it's hard to see. There is six lots within Block 4. The lot itself is about 150 by 150. Pretty square. It's a very short block and although the UDC doesn't have any minimum block length requirement, it's a lot of asphalt and we just think that there may be a better design and use for this part of the project anyways. Again, the Commission did not make any changes, did not take staff's recommendation for that change, but I did want to bring it up to you. The other thing I did want to call out by the White Drain stub -- White Drain stub is located on this side of the property. During the hearings the applicant -- during the Planning and Zoning Commission hearing, the applicant stated that they would like to leave that drain open. I didn't see anything in the file from Nampa-Meridian or anyone saying that it would take a large capacity facility. That's generally -- or if it's being used as an amenity, that's generally when the City Council will allow an irrigation ditch, lateral, or canal that's not a natural waterway to remain open. So, I would like the applicant to further talk about that I guess this evening Meridian City Council October 3, 2006 Page 27 of 53 and if, in fact, they still want to leave it open and the basis for that request, I guess. The Commission did act on this application on August 31 st and did send forward a favorable recommendation with some minor changes that are in the staff report. With that I think I will stand for any questions you may have. De Weerd: Thank you, Caleb. Any questions for staff at this time? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Caleb, did you -- when you made reference to alternative designs, is there an idea or ideas that have been tossed around with the applicant to fix your concerns? Hood: Madam Mayor, Councilman Borton, I personally did not. I was not involved with this project. I don't know if staff threw out any alternative designs at the applicant or played with the roadway system to see what would be a more effective design. Jenny Veatch did write the staff report and worked with Anna and Shawn, I think, but I don't know if anything was ever put down on paper. De Weerd: Okay. Mr. Rountree. Rountree: Madam Mayor. Caleb, would you put up the area map that shows all the surrounding zoning? Okay. Thank you. That's alii needed. De Weerd: Caleb, where is it contiguous then? Hood; Madam Mayor, Members of the Council, this is Southwick here and it doesn't -- for some reason the mapping system hasn't showed it in yellow, so I don't know -- and, actually, I'm not even sure that that annexation ordinance has been finalized or not. That would be the point. Again, I don't know -- I can check to see if the ordinance was done. Usually we don't -- you know, we can't process an application if it's not contiguous to the city limits, so -- De Weerd: Caleb, I guess the only other question I have is this is an area that has been a real challenge in that as people and families live there, there is a greater potential of kids walking to school in an area that has no sidewalks. The areas across the street just south of Ustick have an opportunity to walk maybe in a convoluted way, but up Venable Lane, but how is this to connect to the school, other than send the kids down Ustick, which is a really bad road. Hood: And, Madam Mayor, there is no direct connection, obviously, to the school at this point. The middle school is -- this applicant would only be required to construct a sidewalk adjacent to their property fronting Ustick Road. There may be some potential in the future for crossing -- I believe the owner of the property to the north is here this evening and would like to testify. I don't know how supportive the school district would Meridian City Council October 3, 2006 Page 28 of 53 be of a pedestrian connection, at least through this development to the school, but that is -- there is some potential there when that property redevelops, if, in fact, it does redevelop here in the near future. But today they would be forced out onto Ustick Road and up to Linder Road. Neither one have sidewalk until you get to the school. De Weerd: Okay. Thank you. Okay. Council, if there is no further questions, I would ask the applicant to come forward. Nickle: I did e-mail this to Barb this afternoon, but I guess she had a half day, so she didn't get it on the presentation. Shawn Nickle, 148 North 2nd Street in Eagle, Suite 101, here representing Gemstar Development. I did provide this color copy for you that -- that's come out a little clearer than staff's. Madam Mayor and Commissioners, first off on the issue on the redesign, we did meet with staff a couple of times to try to come up with an alternative plan and we had our engineer layout four or five different plans to try to -- to try to design this project considering all the constraints that were associated with it, providing, you know, stub streets to the east. This parcel right here I believe is commercial, so we had to avoid that for a stub -- a residential stub, providing the stub to the north, a stub to the west. We had the drain to contend with. So, one of our earlier designs showed two cul-de-sacs right here and we didn't feel that was really appropriate to provide interconnectivity and we feel that this internal block -- there is the six lots -- this does provide -- it is a little more asphalt than the developer would like to even see on there, but just to try to keep this flowing, we thought it was not appropriate to have two cul-de-sacs in such a small piece of property. With regards to the drain, this is, actually, the first time we heard this come up, but it's been our intent all along to leave the drain open as part of our -- part of our amenity is the open drain. There is a lot of mature trees back here. We do have a tot lot right here that will be fenced off. Actually, the whole -- the whole drain will be fenced off. With regards to the connection to the school -- and if staff could put up the area map again. And, unfortunately, as splits occurred in the county before the city came along and annexed a lot of the property -- and you have heard me talk about this before, you end up with these really funky lots and this one really is no exception in trying to -- trying to get as many lots as we can to develop it's kind of hard not being able to purchase, you know, everything out there like the developer would tend to, to make it more -- make it a better design. We are stuck with this little piece right here now. We do have a stub to the north and we also have a stub to the west. In discussions with this gentleman right here, it doesn't sound like he's too long -- it's too long before he's going to be selling to a developer. If staff could verify the land use -- I believe this was the recently approved comp plan for mixed use; is that correct? Hood: Mixed use. Nickle: Okay. And all indications are that they are going to be developed in a reasonable amount of time. So, I think we are going to -- we are going to see improvements along Linder and Ustick relatively soon. I don't know if it's as soon as the city would like to see it, but in this case, this being kind of an island right here, you know, we did -- we did keep that in consideration, but there is really nothing we can do, Meridian City Council October 3, 2006 Page 29 of 53 but we are confident that that is going to occur, you know, relatively soon. I think that's all we have. We are in favor of the staff's recommendation and the city Planning and Zoning Commission's recommendation. I'll stand for any specific questions you have at this point. De Weerd: Council, any questions at this point? Bird: I have none. De Weerd: Mr. Rountree. Rountree: Madam Mayor, I'm confused how a drain can be an amenity when you are going to fence it off. Nickle: It's more of -- if staff can put the colored back up there. It's more of a visual esthetic with the mature trees and the openness back here. This is going to be a see through fence, it won't be solid, so it can provide that open feel to these lots here and here. So, it's more of a natural -- yeah, we are not -- we are not going to have people playing in the ditch itself and it is not that large of a ditch. It's more of an esthetic amenity. Rountree: Follow up. De Weerd: Uh-huh. Rountree: So, am I to understand we will have some kind of a landscape design and some kind of a maintenance agreement in the CC&Rs that that will be taken care of? Nickle: With the -- in coordination with the irrigation district, because there is an easement located right here. De Weerd: I guess that raises a question from me. If you're fencing it off, is the fenced off open space part of your open space allocation? Nickle: It's part of the -- I believe it's part of the 13.5 percent that Caleb spoke of, but it doesn't -- it's not included within our required five percent. In other words, our -- the five percent required is our tot lot and this area right here and this area right here. It doesn't include the landscape strip on Ustick or that -- that drain area. De Weerd: And the area that you pointed out that seems to stub into it, what is the use for that? Nickle: This right here will be landscape. It will be some drainage and it also provides access back to this area right here. More of a passive walking path back here along the back and in that -- there will be a clear vision fence along the easement line of the ditch Meridian City Council October 3, 2006 Page 30 of 53 itself. That will be what will not be usable. This area will all be accessible and fenced off for safety, but open fencing and, then, the tot lot itself. De Weerd: Does that mean chain link? Nickle: Wrought iron. De Weerd: Okay. Okay. Any other questions, Council? Thank you. Nickle: Thank you. De Weerd: We do have a couple of people who did sign up to indicate their neutrality in this. If you would like to provide testimony when I call your name, please, step forward. Steven Lloyd is signed up neutral. If you will, please, state your name and address. Lloyd: Steven Lloyd and I am at 1371 West Ustick, which is directly to the north. De Weerd: Okay. Caleb, do you want to show the other map? And there is a pointer there in front of you, if you can maybe point out to Council where your property is. If we find it. There you go. Lloyd: Okay. Well, I am that parcel there, this parcel here, and, then, this triangular parcel. De Weerd: Okay. Thank you. Lloyd: So, I'm between there and the school. De Weerd: Thank you, sir. Lloyd: Okay. I might be able to clear up a few things as far as the ditch goes. Like I said on the -- or I put down neutral, I'm not really -- I guess I'm more for than for against, but I do have some issues that I'd like -- I think I'm probably more affected with this than anybody, because I am just a slight bit landlocked back there. That -- right now, currently, the blue line is my driveway that goes through it, 700 feet long. So, that would be my first issue when they starting building the subdivision, I would -- I don't want to get stuck with -- I have seen these developments go before and as they happen, you know, there is heavy equipment in there and it could go on for -- I would like to know how long it's going to go on and when it's -- the pavement is going to happen, what is my access going to be throughout the process, how often will I be moved around, will there be certain days that I cannot even access my property. What I'd like to see happen if it goes forward -- because I'm not against it happening, because, actually, when it does happen I do receive services back there to my stub and that's not a bad -- necessarily a bad thing for me, but if I -- as soon as they start breaking ground on this, I'm pretty sure I will not be able to get through this lane anymore, since I'm going to vacate it. So, what I'm going to ask them to do or I'd like to see happen, if I could Meridian City Council October 3, 2006 Page 31 of 53 suggest it, would be that I have a driveway -- and I am willing to go down this -- that is the west property line and I would like that access to be there throughout the entire project. Now, we run into some problems when we get to this little stub road here, they are going to have to do that. So, what do we do when that happens? What happens when they run pressurized irrigation down the back of the lots right where the driveway that I'm going to need to have? These kinds of issues are what I would like to have answered before, you know, I vacate my road that's in there now and, if I have a choice. I don't even know if I have a choice in the matter, as far as that goes. My number one concern is that at no point during this whole process am I ever not allowed to get to my house. There is emergency concerns, there is, you know, emergency vehicles, fire, whatever. And if so, if there are going to be times where, you know, that the communication between myself the developer is notched up -- I'd like to see it notched up a little bit more than it has been throughout the process to this point. Okay. Because, like I said, I'm pretty well affected by the whole deal. I do have some concerns about traffic. Sorry, the red light's on, but I don't know if you have been here during -- we have a subdivision going here, here, this parcel right here has been purchased. These people are selling probably within the next 20 or 30 days. I don't know about this and I don't know about this. The traffic backs up from this stop light right here -- stop sign right here to right about there at 5:00 o'clock at night. At Linder it's backed up just about the entire mile when the school lets out right here all the way back. This isn't too bad. This is backed up at least a half a mile for -- from about 5:00 o'clock until 6:30. I'm sure some of you have been there at that time. It's impossible to get through. So, I don't know, we have got four or five hundred -- I don't know how many houses are going in all this area here. What are we going to do with this roadway through here? I know that it cannot handle what we have now. I want to know, you know, how is it going to handle all this increased traffic. There is going to be 35 lots -- okay, there is 70 more cars right there coming in and out of there every morning and every evening. That's an issue as far as I'm concerned. What else do I have? As far as connection to the school, if this goes through and this happens the way we think it's going to do, I have talked to Planning and Zoning and I'm going to possibly do something in here. And if that happens, my plan is to talk to the school district and run a pathway right along this property line and over to access the school. So, that could happen at some point in time and I would -- if it was fenced between this property line and, then, my property through here, I plan on keeping this back acreage right through here and, then, doing something up here. I would not be opposed to a little fenced off pathway that goes through that connects to the subdivision. Okay. The option is still there for the developer, if they want this parcel here and that helps them get through with the connection, that's always an option as well. I'm not trying to be a real estate agent here at City Council, but that -- I do know that this is going to be developed, the subdivision is going to -- they are going to try to connect it through with the meetings that I have had with these people. This is all supposably going to be sold right away, so there is going to be some other access points that go through. The drain ditch. I would like some more research done on this drain ditch, because all the homeowners -- this homeowner, this homeowner over here -- the drain ditch used to come, I believe, from way down here. It's all closed off now all the way through to this point, I believe, and, then, it's just a little bit of it right through here. The only thing that's coming into it is one homeowners drainage is coming through Meridian City Council October 3, 2006 Page 32 of 53 when he irrigates his field. It's a very minimal amount of water. It's -- I think it should be filled in. Most of the other homeowners around agree. And as far as everybody has told me, the research we found is it's a private ditch anyway. So, it could be filled in and I think it would look a lot better if this -- whoever buys this I think they are going to probably want to do the same thing. We have a lot of usable space here that is taken up by this drain ditch. It's about six feet deep, about 25, 30 feet wide and it's overgrown with weeds, bushes, and trees. So, there are a lot of big existing trees that we'd like to stay, but I think it could be cleaned up and the easiest way to take care of this drain ditch -- as soon as this gentleman right here sells, nobody else -- these two properties, which is happening as we speak, nobody else is draining into this ditch. It can be -- and it has been filled in all the way to this point right here. So, it's also another issue that we could look at as far as that drain ditch goes, because I know I want to fill mine in. There is about a half acre of space that I can't use because of it, so -- and I get absolutely no benefit out of it, except for kind of a -- you know, mosquitoes and numerous other things that come rolling through it. So, it's -- it's an eye sore for my property. It would look pretty good if it was cleaned up from the -- from the aspect of the new subdivision, however. If it was maintained it would look pretty decent. So, that's -- that's about all I have. De Weerd: Thank you. Lloyd: Okay. Thank you. De Weerd: Council, I apologize, I know his time was up and I got caught up in what he was saying and didn't pay attention to it. So, I apologize. Rountree: That's all right. It was good information. De Weerd: Yes. Lester Vogel is signed up neutral. Good evening. Vogel: Good evening. Yes. My name is Lester Vogel and we live at 3610 North Linder Road, right south of Sawtooth school. And we don't have any concerns with the subdivision, but I guess you have a list of concerns we wrote in. And my concerns are with the fence and I have already talked to the developer and they said they would consider all my concerns with the fence and probably we will need an electric fence on the west side of that, because livestock would be rubbing on it if you didn't have an electric fence. And the irrigation water that comes down in front of the property, it comes up and feeds our property, so we will need a way to get into change the water there. We'll have to have a headgate. And the elevation we have talked to the developer about and they are going to try to keep the elevation up so that it doesn't -- when we flood irrigate it doesn't flow into their property. So, other than that, we don't have -- and there is a neighbor -- we have tried to work with them and they have been good to -- whenever I have called and talked to them. So, maybe we are on the right track on this one. When the school went in and Watersong and some of them, they didn't have our concerns -- they just kind of went the way they wanted to and they didn't -- here they made our problems -- their problems our problems and they are still that way and I'd like Meridian City Council October 3, 2006 Page 33 of 53 to, you know, get along -- as a neighbor I will work with them and I will do -- go 50-50, whatever it takes to get the project done. And I have -- I'd like to get the inspector to make sure things are done right before he signs off. We had a little project with the sewer when Meridian done the sewer up Ustick Road that kind of left us in a bind. We finally had to take care of ourself. And that's alii have to say. Thank you. De Weerd: Thank you. Questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Yes. Rountree: You heard Mr. Lloyd's comments about the White Drain. Do you drain any irrigation water that direction? Vogel: Yes, I do. Rountree: So, you do use the White Drain? Vogel: Yeah. And to the east of this project -- I don't know whether I know how to run this thing. This property irrigates -- flood irrigates and drains into that ditch. The ditch starts right there and it drains in there and this property drains into it and this property drains into it. Until it's developed. And we drain into it right up there. Rountree: Okay. Thank you. Vogel: I think it takes about an 18 inch pipe to carry that water. But our irrigation comes down along here and right at this point it goes to the west and, then, we have to take it right up to here and there. So, right in here is where we are going to have to have access to our -- to change the water. This is -- all this property down in here has been on a rotation for years and years and so this water -- they will take it out with a weir and it will skim off a little bit and the rest of it will go down here and, then, this property and this little portion here, but they will -- somehow they are going to -- when they irrigate there will not be water for this and it's not too long a time, but -- until this property develops and they won't be able to irrigate. Any other questions? Rountree: No. Thank you. De Weerd: Thank you, sir. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Would the applicant like to come for final remarks. Nickle: Thank you, Madam Mayor. Again, Shawn Nickle. To address Mr. Lloyd's concerns or comment, we will absolutely work with him and make sure he has access at all times back his property and we will coordinate exactly where that driveway needs to be and make sure that it's open. These two gentlemen that are sitting right here will be Meridian City Council October 3, 2006 Page 34 of 53 responsible for that and I'll make sure that Mr. Lloyd talks to them and gets phone numbers and actually knows how to get ahold of Gemstar. But, yes, we have no intention of ever cutting him off at any point. With regards to the drain, considering the testimony tonight, I guess we'd like the ability -- if we do go in there and pipe that -- it sounds like we are going to be piping for a short period of time -- or the need for it to be piped is going to be for a short period of while these -- until these properties develop right here, if we do go in and pipe it, we are going to lose a lot of those mature trees, so I would like to have the ability to kind of research and see, you know, exactly what -- just to make sure that these are the only properties that go into it and, then, have the ability to go in and fill it in and clean it up and not remove those trees by piping what it sounds like is going to be maybe a couple years that we are to pipe before it will be abandoned, because it doesn't sound like there is a whole lot of property that would drain into that. We, obviously, would maintain flow at this current time on it. And also Mr. Lloyd's question about completion as -- this will be one phase. It will start in the spring and it will be 120 day duration to completion of the construction of the road system and the sewer and water lines and all that. So, I will stand for any other questions you may have. De Weerd: I guess while you're there I will just make my little editorial remark is when this came in as part of the Comp Plan to consider that as a neighborhood center or neighborhood mixed use, my whole concern was looking at this area one piece at a time, because there are a number of issues and the drainage and the sidewalks and the connecting to a real critical piece for me in the safety of the residents we would be putting in and around that, as well with the road that's very heavily traveled, it is hard to look at this critical piece one piece at a time. If everyone seems to be selling at the same time, it would be nice to see a master plan or how all of these pieces would fit together, so that we know infrastructuralwise how those pieces are going to fit together. So, again, that's my editorial piece and it was a concern I had then and I continue to have now. Nickle: And, Madam Mayor, it's, obviously, frustrating and difficult for us to try to plan these type of properties piecemeal as well. Unfortunately, getting all the property owners and the develops together never -- never ever works out. It doesn't seem like anyone wants to sell their property or even talk to anybody until the piece next to them develops and gets approved -- or gets approved and all of a sudden they are willing to sell when this happens. Nearly every time we develop a small piece like this we are -- the next day someone comes in and says, okay, we are ready to develop and it's like, well, it would have been nice if we could have done that and planned it at the beginning. I do share your concerns. It is difficult to try to accomplish that. I think we have done a pretty good job in the past, as fast as these areas are growing and developing, I have no -- no concern that you're not going to see development on most of these properties in the next three to five years and it sounds like Mr. Lloyd -- and at one time we actually had a portion -- or, actually, I think we had most of Mr. Lloyd's property as part of this -- as part of our original design, but negotiations fell through and I believe Mr. Lloyd has at least considered going at it himself and so you are going to see -- and he did state for the record that he might be interested in providing a pathway there. So, I think you have an opportunity to get something a little sooner to the north and connect into that school Meridian City Council October 3, 2006 Page 35 of 53 and not have to wait for these few parcels here to develop. But I do agree with your comments. De Weerd: Well -- and I do appreciate what you're saying and all of the pieces coming together over a certain time. Well, Ustick's not even on a five year plan right now and so, again, just one more piece of my concern. Council, any questions for the applicant at this time? Bird: I have none. De Weerd: Okay. Hood: Madam Mayor? De Weerd: Yes. Hood: If I may, while Shawn's at the podium, I think you brought Southwick before the Council, did you not? Isn't that correct, Shawn? Can you help us out with the contiguity thing and where that's at, because we don't see that the annexation ordinance has been completed yet. Nickle: Caleb, thank you, I did have that to discuss. I believe two weeks ago you guys acted on the ordinance. I think it was on your agenda two weeks ago. I don't know if the clerk can verify that now or if you have to go back to the records, but -- okay, two weeks ago the ordinance was approved. So, this should be published as the annexation. Hood: Okay. We just couldn't find that and I guess just until that happens, if it hasn't happened, of course, we can't have the ordinance until that happens, so thank you. Nickle: Thank you. De Weerd: Okay. Council, do you need any further information from the applicant for staff? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we are all going to be tongue tied, I move that we close Items NO.9 and 10. Borton: Second. De Weerd: Okay. I have motion and a second to close Items 9 and 10. All those in favor say aye. Any opposed? Okay. Discussion? Borton: Madam Mayor? Meridian City Council October 3, 2006 Page 36 of 53 De Weerd: Mr. Borton. Borton: Just to throw out my thoughts. This is a different situation on a parcel like this. I share the Mayor's concerns with efforts of somewhat piecemeal development, you know through no fault of the developers or landowners, some situations you have got small parcels. I think Shawn's comments about the difficulty in trying to get other people involved in assembling proprieties and doing more the master plan concept that the Mayor talked about, it's extremely difficult, perhaps -- perhaps that's our fault, not the developer's fault, to the extent we allow it to happen. If things come before us in a piecemeal fashion and we approve them we are, in a sense, telling the community that it's acceptable by us. So, maybe some of the fault lies on our end. Having said that and in light of what Shawn has talked about with regards to what might be happening in the relatively near future, there would be other parcels, so it's not parcel -- a private parcel in this location in this area that I'm encouraged about and I am not inclined to approve it. I don't think, in light of those concerns, it's necessary for the city to take this on at this point. I'd like to see it joined to other parcels before at least I'm willing to go forward with it. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I don't disagree with what Joe said, but one of the issues that really stands out to me is that we have an adjacent property owner who will be significantly impacted by this and seemed pretty agreeable to what was going on, but indicated that there had been little or no agreement as it relates to his access to his property and it seems to me that this is one of my favorite topics, lanes, and I would just as soon not have a property with a lane annexed into the City of Meridian without some kind of agreement in place between the affected parties. So, I'm not inclined to support moving forward with this particular application until all the homework is done. De Weerd: Okay. Any other comments? Okay. Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we deny Item 9, annexation request -- somewhere here. AZ 06- 030. Borton: Second. De Weerd: Okay. I have a motion and a second to deny Item No.9. Is there any discussion? Hearing none, Mr. Berg. Meridian City Council October 3, 2006 Page 37 of 53 Roll-Call: Bird, nay; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Item 10. Mr. Nary, since we don't have an annexation, do we still need a motion? Nary: Madam Mayor, yes, you would. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we deny Item 10, PP 06-030, preliminary plat. Borton: Second. De Weerd: Okay. I have a motion to deny Item 10. Mr. Berg, will you, please, call roll. Roll-Call: Bird, nay; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 11: Item 12: Item 13: Item 14: Public Hearing: AZ 06-035 Request for Annexation and Zoning of 12.06 acres to C-C (1.50 acres) and R-40 (10.56 acres) zones for Reaencv at River Vallev by The Regency at River Valley, LLC - east of Eagle Road and north of Fairview Avenue: Public Hearing: CUP 06-022 Request for a Conditional Use Permit approval to construct a multi-family development consisting of 204 multi- family dwelling units on 12.06 acres in a proposed R-40 zone for Reaencv at River Vallev by The Regency at River Valley, LLC - east of Eagle Road and north of Fairview Avenue: Public Hearing: VAR 06-014 Request for a Variance to UDC 11-3C-6A to provide less than 2 covered parking stalls for each multi-family dwelling unit for Reaencv at River Vallev by The Regency at River Valley, LLC - east of Eagle Road and north of Fairview Avenue: Public Hearing: VAR 06-015 Request for a Variance to UDC 11- 4.3.27B3 to provide less than 80 square feet of private, usable open space for each multi-dwelling unit Reaencv at River Vallev by The Regency at River Valley, LLC - east of Eagle Road and north of Fairview Avenue: