HomeMy WebLinkAboutDec 12 2006 Spurwing Discussion (2)
Meridian City Council
DecElmber 12, 2006
Page 35 of 52
Bird: Madam Mayor, this is one Councilman that I can go -- I have no problem voting on
it tonight.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I have heard from both legal staff and planning staff that the changes are
significant. I think we have a consensus in regard to where we would like to see the
project go. I'My question for either Anna or rv1r. Nary is can -- and I feel this needs to be
remanded. If we remand it can we do so with specific direction or do we just remand
the entire project and ask them to read the minutes of this meeting?
Canning: Madam Mayor, Members of the Council, Councilmember Wardle, you have
remanded with specific direction in the past.
Nary: Madam rvtdyor?
De Weerd: Yes, Mr. Nary.
Nary: And, additionally, the Commission still has the independent ability to make a
recommendation consistent or inconsistent with that, as well as other recommendations.
But, certainly, if you want them to address a specific point or you want them to at least
make sure that their recommendation includes a specific point back to you, that's
certainly within your prerogative.
De Weerd: Okay. Thank you, Mr. Nary.
Rountree: fvtr. rtlayor?
De Weerd: 'Mr. Rountree.
Rountree: To move this along, I would move that we close the Public Hearing on Items
10, 11, and 12.
Bird: Second.
De Weerd: Okay. I have a motion and a second to close the public hearings on Items
10 through 12. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Meridian City Council
December 12, 2006
Page 36 of 52
Rountree: I move that we approve the request for annexation, Item No. 10, AZ 06-043,
with the following conditions: That there be a split zoning of R-4 for the larger lots as
identified in the revised plat and that the lots on the northwest corner that are identified
as town home or patio home lots on the north side, be also expanded to a minimum of
10,000 square feet -- that would be northeast. Yes. And the secondary access be
provided as identified by the applicant with gates at both -- on the Chinden side, as well
as the subdivision side. Or methods agreeable to the police and fire department.
Borton: I will second.
De Weerd: Okay. I have a motion and a second to approve the annexation --
Canning: Madam Mayor?
De Weerd: -- requested with changes? Yes, Anna.
Canning: Madam Mayor, I assume that the maker of the motion meant to reference that
those would be conditions in a DA, not conditions of the annexation.
Rountree: They would be conditions of the development agreement, but conditions for
my vote to approve annexation.
Canning: Okay. I just wanted to clarify that we needed a development agreement.
That was all.
Ro u ntree : Yes.
Canning: Thank you.
De Weerd: And second agrees?
Borton: Second agrees.
De Weerd: Okay. We have --
Borton: Madam Mayor?
.
De Weerd: Yes. Discussion.
Borton: Anna, you had mentioned earlier that should there be an approval that you
suggest a continuance to prepare conditions of approval?
Canning: Yes, sir. The annexation it wouldn't be necessary, because there are no
conditions on an annexation. But for any of the other applications you have before you
tonight, you have no findings for approval, nor any conditions of approval.
MEllidian City Council
Decwnber 12,2006
Page 37 of 52
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De Weerd: Okay. Any further discussion from Council? Okay. Mr. Berg.
Wardle: With reluctance to the specific annexation path and the precedent that this may
set in the future, I will vote aye.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Thank you. Item 11.
Rountree: Madam Mayor, I move that we approve the preliminary plat PP 06-045 with
my previously stated comments as part of the development agreement.
De Weerd: Okay. Do I have a second for discussion?
Bird: I'll second and, then, I got a question.
De Weerd: Okay.
Bird: On the preliminary plat I need to know -- we need a date on it, because what we
have seen up here wasn't one that we are passing on or that I'm voting on.
Canning: Sir, you have no -- sirs and Madam Mayor, you have no conditions of
approval. You have no ACHD conditions, no standard conditions. You have nothing to
approve on the preliminary plat tonight, so --
Rountree: Given that, I would amend my motion to -- we will let those folks who yet
have not seen the proposed changed plat know the Council's position of endorsing it.
Bird: Second would agree.
Rountree: That further complicates it.
De Weerd: Just a point of order. Mr. Nary, would this not be more appropriate to
continue to collect the appropriate feedback and bring that back at a further -- a later
date?
Rountree: Madam Mayor, I would --
Nary: You're absolutely right.
Rountree: -- withdraw my motion.
De Weerd: Okay. The motion has been withdrawn. Okay. Do I have a new motion to
continue Items 11 and 12 -- although, staff, what would be the appropriate time frame?
Meridian City Council
December 12, 2006
Page 38 of 52
Canning: :Madam Mayor, Members of the Council, we could have it -- is there one the
26th? We -- no. So, we are --
De Weerd: January 3rd -- or January 2nd.
Rountree: January 2nd is -- January 9th.
De Weerd: January 9th.
Canning: January 9th. And, Madam Mayor, Members of the Council, Commissioner
Zaremba did correctly note that you have already closed the Public Hearing, so you will
need to reopen the Public Hearing on those two items in order to continue it.
De Weerd: In order to collect comments.
Canning: Yes. And you do have findings for -- I mispoke earlier. You do have -- staff
did make findings for approval for the variance and there are no conditions to the
variance. I would still prefer to have you pull -- continue that one as well, just so we can
get a clean record for you all for next week on those two items.
De Weerd: Thank you, Anna.
Rountree: Madam Mayor, I move that we reopen the public hearings for Item 11 and
12.
Borton: Second.
De Weerd: Okay. Motion and a second to open the public hearings on Items 11 and
12. All those in favor say aye. All ayes. Motion carries.
:MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor, I move that we continue the public hearings for Items 11 and
12 to receive additional input from the review agencies for preliminary plat and variance.
Wardle: Second.
De Weerd: Do I have a date?
Rountree: And that's July 9th, 2007.
De Weerd: Do you want January?
Rountree: Yes. July is probably better. January.
MtW"idian City Council
December 12, 2006
Page 39 of 52
Wardle: Second agrees.
De Weerd: You were agreeing to January 9th; right?
Wardle: Second agrees.
De Weerd: Thank you. Okay. I do have a motion and a second to continue Items 11
and 12 to January 9th, 2007. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: I will go ahead and call a five minute recess.
(Recess.)
Item 13:
Public Hearing: AZ 06-050 Request for Annexation and Zoning of 4.64
acres from RR to an R-8 zone for Tree Farm Addition by Treehaven, LLC
- 6745 North Black Cat Road:
Item 14:
Public Hearing: III 06-010 Request for a Miscellaneous application to
modify the existing Development Agreement to include the property
located at 6745 North Black Cat Road for The Tree Farm by Treehaven,
LLC - 6745 North Black Cat Road:
De Weerd: Okay. We will go ahead and call this meeting back to order. We are on
Items 13 and 14, public hearings on AZ 06-050 and MI 06-010. I will open these two
public hearings with staff comments.
Borton: Madam Mayor?
~
De Weerd: Yes, Mr. Borton.
Borton: I need to we recuse myself from Items 13 and 14.
De Weerd: Okay. We will let you know when Council has made a decision. Thank
you. Okay. Anna.
Canning: Madam Mayor, Ntembers of the Council, this is the Tree Farm Addition
project. It's located on the west side of North Black Cat Road, approximately a quarter
of a mile north of the Chinden Boulevard. So, the out-parcel circled in red is the
proposed project. They are asking for annexation and zoning of 4.64 acres and a
modification to the development for Tree Farm. This property was at one time actually
part of the Tree Farm annexation submittal to the city. However, the previous owners,
the Rabehl, rescinded their affidavit of legal interest consenting to have the application
as part of the property, so we re-noticed it without the Rabehl property within it.
However, the Tree Farm property -- the concept plan always included this property. It
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