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HomeMy WebLinkAboutWalmart Minutes ,. Meridian City Council eating November 16, 1999 - Page 10 . "- ~ =- Corrie: Motion made and seconded to have the Mayor sign and the Clerk to attest the Resolution No. 264. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING TO C-C OF 13.09 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPORATION - 4000 E. FAIRVIEW, % MILE EAST OF EAGLE ROAD: Corrie: Item No. 7 is the Findings of Facts and Conclusions of Law: Request for annexation and zoning to C-C of 13.09 acres by Developers Diversified Realty Corporation, 4000 East Fairview and % mile east of Eagle Road. Staff, changes on Seven? Stiles: Mr. Mayor and Council, on Page. 5, Paragraph 15, it's a little awkward because the Comprehensive Plan was just approved for change to make this commercial, but the way it reads is that the zoning is not consistent with the Meridian Comprehensive Plan which designates a subject property is commercial. It would have been single-family residential, so I guess I would defer to legal counsel to how we can clean that up. Corrie: Mr. Gigray. Gigray: Mr. Mayor, members of the Council, the state of affairs at the time I drafted this was at this time we can reflect that the change has been in effect as you've just acted. The plan, the generalized land use plan has been changed by your action. We can change that Finding to reflect that. Corrie: Okay. Thank you. Anything else, Shari? Stiles: No, sir. Corrie: Okay. I'll entertain a motion, then, on Item NO.7. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we approve the Findings of Facts and Conclusions of Law and Order granting annexation and zoning for Diversified - Developers Diversified with the correction on Item 15, Page 5, the Comprehensive Plan has been changed to allow this. Bird: Second. ..~ .....-,..--. -- --.- ~'-~ ,,#- .. '~~-. Meridian City CounciI_ting November 16, 1999 - Page 11 . Corrie: Motion was made and seconded to approve the Findings of Facts and Conclusions of Law, request for annexation and zoning on Item No. 7 with correction. Any further discussion? Hearing none, roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES Bird: Don't we have a Resolution on that? Corrie: Is there an Ordinance on that? Gigray: On an annexation and zoning, there - (inaudible) No. Because there's a Development Agreement associated with that. Mr. Mayor and members of the Council, and that Development Agreement I also anticipate will be involved with the next Item on your agenda, and then the schedule the ordinance passage for the next meeting has been your standard procedure. ITEMS. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 11.4 ACRES FROM I-L TO C-C BY DEVELOPERS DIVERSIFIED REALTY CORPORATION /DAKOTA COMPANY - SOUTH OF FAIRVIEW AND EAST OF RECORDS: Corrie: Item No.8, Findings of Facts and Conclusions of Law: Request for rezone of 11.4 acres from I-L to C-C by Developers Diversified Realty Corporation/Dakota Company, south of Fairview and east of Records. Staff, comments, changes? Stiles: Nothing, sir. Corrie: Okay. This is the same thing, Bill, right? (inaudible) ..t/'" .' Meridian City counci.eting November 3, 1999 Page 61 It Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird Bird: MOTION CARRIED: ALL AYES ITEM 19. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO C-C OF 13.09 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPORATION-4000 E. FAIRVIEW, % MILE EAST OF EAGLE ROAD: PlJBI;Ic-&,"_~RING: RI;QUEST FOR RE?iNE OF ~~::t; ACRES &R0M)-r 'g~:~1lE~PlR~Pf!__ ~!Fj.~/ )~12TY "-CORPORA ..- J{Q:r-A'~-s \- XH-OF AIRVIEW AND EAST OF RECORDS: ITEM 20. Corrie: Okay. Let's go back to 19 and 20. We'll open up the public hearing on Item 19 and 20 at the same time, and we had testimony for but we can add that in for the testimony. I'll open the public hearing on Item 19 and 20. Durkin: I think I'm the only one here (inaudible). I have - in reviewing Findings of Facts, I have just one, two words, I guess, or three words, a sentence I'd like added where the Findings recommend that we follow the specific recommendations as spelled out for ACHD. I'd like to have the flexibility or as modified by ACHD in the future. Are you with me on that? Rountree: What number are you on? Page No. - Durkin: Okay. I'm on Page 4. Corrie: Are we on No. 19? Durkin: Yes. Corrie: Okay. Durkin: By the way, for the record, I'm Larry Durkin. Sorry. Larry Durkin, Dakota Company, 380 East Park Center Boulevard, Suite 100, Boise, Idaho. Just for example, I'll take 1.8 on Page 4 where it says a maximum of three driveways are approved on Records Drive. That's not a good example. Sorry I'm not more prepared on this particular matter here. Okay. I'd like to draw your attention to .~ Meridian City Counci8eting November 3, 1999 Page 62 e Page 3, Paragraph 1.2. I have no knowledge of any change here, but where it says dedicate 76 feet of right-of-way. If later when ACHD when they have final , plans says we want 77 or 72, I don't want to have to come back and re-do this, so my request is adopt the recommendations of Ada County Highway District as follows or as subsequently modified by ACHD. That's my only request. That would apply to the annexation and the rezone. I don't think that - I think ACHD may have some adjustments that are small, and I don't want it to jeopardize the rezone that we have if they - Bird: We have no problem with that. Durkin: I'd be happy to answer any other questions. Corrie: Okay. I don't see that there's anybody else to testify. Shari? Stiles: I thought we had already - I thought you had already ordered Findings on this earlier. Corrie: Not yet, no. We held those - that one back. We just had him (inaudible) testimony because he was in Number 8 as well. Stiles: Okay. Corrie: So we have testimony here for 19 and 20 - Stiles: And then you'll only act on those - Corrie: Those two. Stiles: -- after the Comp Plan is revised? Corrie: Yes. Bird: Our hearing is open for both of them. Corrie: Hearing is open for both; that's correct. Bird: Do you have anything? Stiles: That's all I have. Corrie: Okay. Anyone else? Council, anything? Bird: I have nothing. -~ Meridian City counCil.eting November 3, 1999 Page 63 e Corrie: Okay. Hearing that, I'll entertain a motion to close the public hearing on Items 19 and 20. Bird: So moved. Rountree: Second. Corrie: Motion made and seconded to close the public hearing on Item 19 and 20. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Discussion or request on Number 19 first for annexation and zoning. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we approve the request for annexation and zoning and have the city attorney prepare Findings with the addition where they can use Planning and Zoning's Findings with the addition that changes are - changes in the request of ACHD as required. Rountree: Second. Corrie: Motion made by Mr. Bentley, second by Mr. Rountree to approve the request for annexation and zoning on Item No. 19 to C-C of 13.9 acres by Developers Diversified Realty Corporation as motion stated. Any further discussion? Hearing none, roll-call vote; Mr. Bentley. Bentley: Aye. Corrie: Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. MOTION CARRIED: ALL AYES Corrie: Item No. 20, I'll entertain a motion on the rezone for 11.4 acres, I-L to C-C. Rountree: Mr. Mayor. ~- Meridian City CounCil&ting November 3, 1999 Page 64 e Corrie: Mr. Rountree. Rountree: I move that we have attorney prepare Findings of Facts and Conclusions of Law incorporating the recommendations of the Planning and Zoning for the rezone of 11.4 acres from I-L to C-C. Bird: Second. Corrie: Okay. Motion made by Mr. Rountree, seconded by Mr. Bird to approve the request for rezone of 11.4 acres from I-L to C-C and the attorney draw up the Findings of Facts and Conclusions of Law with a Decision the recommendation of Planning and Zoning. Any further discussion? Hearing none, all those in favor of the motion say aye. Excuse me. Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Bentley. Bentley: Aye. MOTION CARRIED: ALL AYES ITEM 26. REQUEST FOR BEER AND LIQUOR LICENSE FOR TEXAS ROAD HOUSE: Corrie: Item No. 26, request for beer and liquor license for Texas Road House. Chief. Gordon: Mr. Mayor and Council, I don't have any problem with those (inaudible) application for Texas Road House. We would recommend that Council (inaudible). Corrie: Any further discussion? Bird: I have none. Rountree: I have none. Corrie: I'll entertain a motion on the request. Bird: Mr. Mayor.