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HomeMy WebLinkAboutJanuary 9, 2007 C/C Minutes Meridian City Council January 9, 2007 Page 10 of 25 Rountree: I move that we approve Items 8, 9, and 10 and on Item 10 incorporate the amendments just addressed by the planning administrator. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Items 8, 9 and 10, with suggested changes. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, absent; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: Continued Public Hearing from December 12, 2006: PP 06-045 Request for Preliminary Plat approval of 73 residential building lots consisting of 46 attached single-family units and 27 detached single-family units and 6 common/other lots on 20.51 acres in a proposed R-8 zone for Spurwina Patio Homes Subdivision by Spurwing Limited Partnership - Northeast Corner of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: Item 12: Continued Public Hearing from December 12, 2006: V AR 06-020 Request for a Variance to exceed the maximum block length allowed under UDC 11-2D-3C for Spurwina Patio Homes Subdivision by Spurwing Limited Partnership - Northeast Corner of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: De Weerd: Thank you. Okay. Items 11 and 12 are continued public hearings from December 12th on PP 06-045 and VAR 06-020. I will-- Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I have, with your leave, two items -- actually, one and maybe a second one that I would like to address. And I will address this towards the attorney Mr. Nary. I sat on the Planning and Zoning Commission when this came for Public Hearing there and have since been appointed to the position here, which I appreciate, but I'm wondering is there any reason for me to recuse myself from this deliberation, double jeopardy, or anything like that? De Weerd: Double jeopardy. Nary: Madam Mayor, Members of the Council, Councilmember Zaremba, no such luck. There is no legal conflict for you to hear this again, even though you have heard it before and we have actually had this issue come up in the past as well and, no, there is legal conflict for you to recuse yourself, so -- Meridian City Council January 9, 2007 Page 11 of 25 Zaremba: All right. Thank you very much. Then, that brings the second comment, if I may. When this was here for the first part of the hearing on December 12th, 2006, I was in the audience and I did personally here all of the staff, applicant, and public testimony, as well as the discussion with the Mayor and the City Council at the time and I mention that, so that if anybody feels compelled that they need to repeat testimony for my benefit, I believe I am up to speed. So, thank you very much, Madam Mayor. De Weerd: Thank you, Mr. Zaremba. And welcome to Mr. Bird. Bird: Thank you. De Weerd: We hope you were successful. Okay. This was continued for limited -- for limited reasons and specific reasons, so I will turn this over to our planning administrator. Canning: Madam Mayor, before moving on to the preliminary plat and the variance, within about the last year or so anytime we have a request for reconsideration it generally gets on the agenda. It didn't tonight, so I didn't know if you wanted to address that first or if I should just move forward with the preliminary plat. De Weerd: No, I think that probably should be addressed first. Canning: Okay. Madam Mayor, there is a request for reconsideration. De Weerd: I guess -- sorry. Just a moment, Anna. Nary: Madam Mayor, Members of the Council, you do have, as part of your public record, because the record is still open for comment, both on the Items 11 and 12 tonight, then, there is a request for reconsideration that was received today. It's within your discretion on accepting that request and if you want to accept that request for reconsideration, our normal practice has been to a member of the side that was prevailing can move to grant that reconsideration if that's seconded. Our normal practice has been to, then, reset all of the matters for review at one time, because, obviously, the impact of annexing the property or not impacts Items 11 and 12. But that's within your discretion to include that. It is in front of you, it is certainly legitimate for you to raise that tonight and it may seem somewhat wasteful to go through the process if that's what your desire is is to consider the whole thing, including the annexation as one -- as one application. De Weerd: Thank you, Mr. Nary. I guess the ball is in Council's court. How would you like to proceed with this? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Meridian City Council January 9, 2007 Page 12 of 25 Borton: I have seen what's been provided to us today January 9th, 2007, request from Mrs. Butler on behalf of various individuals with a request for reconsideration. It raises a number of issues, a number of arguments, some legal, some more subjective, all of which are relatively new in the present form before us. I, for one, really have a problem granting a request to reconsider. I'd feel most comfortable handling all three, the annexation, the preliminary plat, and the variance request at one time. You know, with those comments I guess I'd ask legal what their thought, Mr. Nary, is as far as we want to hear back from you and your response to this request on some of the legal issues raised. Is it a matter of perhaps a couple of weeks, you know, January 23rd -- was that too soon or should we go that route? Nary: Madam Mayor, Members of the Council, Councilmember Borton, what I would suggest -- you have a couple of courses. If you simply want legal analysis of the legal issues that were raised we could certainly have -- have something back to you within two weeks. If the desire of the Council is to consider the request for annexation again, what I would recommend that you at least set it off for three weeks, because we would need to re-notice that hearing. We wouldn't have to re-notice if you wished to continue Items 11 and 12, but we would for the annexation. So, I think -- Mr. Berg, I think normally three weeks is about the time period we are most comfortable with, just to get it in the paper and there is a holiday next week and I don't know if our -- if our official paper is going to get printed on Monday. Okay. So, just to be sure, three weeks is probably the safest and we can also bring at that same time a response to the legal issues that were raised, as well as in hearing the matter, you have the other ones that you have alluded to that were more -- more discretionary decisions of the Council. De Weerd: Okay. Mr. Borton, did that answer your question? Borton: It did. Thank you. De Weerd: Okay. Further discussion? I would like to have an idea before we proceed any further what your sense is and direction for staff. Borton: You know mine. De Weerd: I do. Rountree: Make a motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Seeing no further discussion -- I guess before I make a motion, Mr. Nary, is it -- am I first acting on granting or not granting a motion to reconsider or is it first and, then, a continuance of the other two items? Meridian City Council January 9, 2007 Page 13 of25 Nary: Yes. That's correct. Borton: Okay. Then, I would move that we grant the request to reconsider without making any comment on whether it will ultimately be reversed or granted or otherwise, but for the sake of the reconsideration I move that we do reconsider it and it will be re- noticed and set, I believe, to February 6th. I don't think we have a meeting on the 30th, the 5th Tuesday. So, February 6th I think is as soon as we can. De Weerd: Okay. Do I have a second? Bird: I second that. De Weerd: Okay. I have a motion and a second to grant the request for reconsideration. Any discussion? Hearing none, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Mr. Nary. Nary: Madam Mayor -- sorry. Madam Mayor, Members of the Council, I was remiss. One of the things that generally comes up in the discussion and hasn't and if that makes you want to reconsider that last vote, but normally the party that has requested reconsideration does incur the cost of us re-noticing the project, since it's not -- since that was when requested it wasn't included in Mrs. Butler's letter. But that would be, I guess, part of your direction. If that's what they are supposed to, then, they would incur the cost. Now, if I'm incorrect Mr. Berg can correct me, but I think that's how we have done it. Anyone that's requested, if you grant that they do have to pay the cost for the renoticing of that particular hearing. If that's what your desire is, we will certainly work -- have that discussion with Mrs. Butler, since it didn't come up I thought I better bring it up before people leave the room. De Weerd: Mr. Nary, was that part of your discussion with Mrs. Butler was -- Nary: I hadn't had that discussion with Mrs. Butler, but that was our standard practice. I mean she is here if that's something you have a concern with, Council could certainly address that. De Weerd: Okay. Would you mind stepping forward? Please state your name and address. Butler: Joann Butler, 251 East Front Street. And, no, I appreciate what the Council is asking in terms of the notice and we would front the cost of the re-notice and I can work with The Clerk to find out how to do that. Meridian City Council January 9, 2007 Page 14 of 25 Nary: Okay. De Weerd: Okay. Thank you. Okay. Borton: Thank you, Mr. Nary. Bird: Are you going to add that to the motion? The second would -- Borton: I guess I could add it to the motion to that respect that Mrs. Butler's acknowledged -- we appreciate that. It's consistent with how we have operated in the past. Bird: Second agrees. De Weerd: Well, there is no motion. We already voted. But that's all right. I appreciate you agree. Nary: You intended that all along. Bird: He intended that all along. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I would move that we continue Items 11, PP 06-045, and Item 12, VAR 06-020 to February 6th. Rountree: Second. De Weerd: Okay. I have a motion and a second to continue Items 11 and 12 to February 6th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: And I imagine that we have a nice full house because of this item. I apologize for your inconvenience for coming down here. We will hear these items again on February 6th, in addition to the annexation request. Okay. Now, I should have said you all have to stay. Okay. Okay. Council, now that you have cleared the room for the most part, we appreciate all the young people who have stayed behind. You're champions. Item 13: Public Hearing: AZ 06..056 Request for Annexation and Zoning of 5.2 acres from RUT to R-4 zone for Clearsprinas Subdivision by Mike Hill - 1035 East McMillan Road: