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HomeMy WebLinkAbout00May23 CC Mtg MinsMeridian City Council ~'r~. 'ai Meeting May 23, ~QQQ ~. Page 34 ~'Niell: Can 1 make just one clarificatio n ~n the modifications? we didn't a ree with staff an the street-name issue tha ' ' g t wasn t included in the modifications so I think if you agree with us, ou need ' Y to make an add~t~onal comment to that or not. Vve didn't include that in the commen ts. Bird: l didn't think that was in the modifi ' cation. a'Niell: No. !t's Gonditian 6. You'll have to modify the motion. we didn't m that because we -- ake Bird: okay. Exhibit A and B. Secon d agree to that? Anderson: Second agrees to that. Corrie: Okay, Any further discussion? Anderson: Mr. Mayor, f 'ust want to 1 make a comment to the develo er that w do appreciate you workin with sta p e g ff when they brought up the issue of the w pressure and the offer to hel ater . p with the pressure-reducing station. 1 a ree think the commercial dev ~ g that f elopment that will happen in the Ma is Vi soon tie into that area and 1 g ew area w~f l think thatwlll solve that problem at that a' pint. Corrie: Any further discussion? Roll-gall: deWeerd, aye; McCandless aye, Anderson, aye, Bird, aye M4Tl~N CARRIED: ALL AYES Item $~ Continued Public Hea ' ring from ~1ay 1fi, 2000; CUP 00-QOfi Request for a Conditional Use Permit for ' existing car deafersh~p ~2 buffd~ngs} on front four acres and ro • . p posed 72,000 s.f. Fa~rv~ew M~n~-Storage on the back four acres-10 05 East Fa~rv~ew Avenue: Corrie: Item No. S is the continued ubl' ' p ~c hearing from May ~ 6, loop, a CUP oo- 006, request for Conditional Use Permi ' t for ex~st~ng car dealership 2 bu~ldin s on front four acres ~ g } and proposed 72,000 s.f. Fairview Mini-Stor four acres, 1005 Eas age on the back t Fa~rv~ew Avenue. with that, 1'll continue the ' and have staff brin public hearing g us up to where we are on this one, tease. p Stiles: Mr. Mayor and Council we hav e had no contact with the ap licant. The have not contacted us in wantin p y g to withdraw. l really don't know where we're a This one has been tabled severs t' !times because they had re uested mor landscaping or the Council had r q e equested more landscaping. They haven't come back with a new plan. It's 'ust been dro 1 peed off. Meridian City Council Sr~-vial Meeting lV1ay 23, 20~~ ~ Page 35 - Bird: vve have a letter statin that the -- 9 y we had a letter stating at one time that they were in the process of than in it. 9g Nichols: Mr. Mayor, members of the Council, point of order. Ullhen this first came up, the applicantwasn't presentto testa the a ~ t~ fY, n the Council received a letter sking ~t be moved to May 7 which it was C They did not show up again. So the ouncil had some concerns lookin at it. T g here was nobody from the a I~cant to say anything. pp Carrie: Keep in mind that since it is a continued p~~blic hearing, ~s there an one here that would like to issue testimon y y ~n the req uest for C U P? Qkay. Bird: Mr. Mayor, !move #hat we close the public hearing. Anderson: Second. Corrie: Motion made and seconded to close the public hearing. An further discussion? Hearing Wane all those ' y r ~n favor of the motion say aye. M4T1C~N CAR131ED; ALL AYES Qird: Mr, Mayor, f move that we den _ . y the CUP 00 000, request for Conditional Use Permit for ex~st~n car dealershi ~ . g p ~2 bu~ld~ngs} on front four acres and proposed 12,000 s.f. Fairview Mini-Story e on F~ g the back four acres at 1005 East dirview Avenue, and for the attorne to draw u Conclu y p the Findings of Facts and scans of Law and Dects~on of Qrder showin the g denial. Corrie; ~Jkay. Motion has been made. Do l hear a second? Anderson: Second. Corrie: Motion made and seconded t o deny the CUP and to have the attorne draw up the Findings of Facts and Con y elusions of Law with that decision. An further discussion? y Anderson; Mr. Mayor, f uess 1 'us g ~ t have a concern that have we been communicating with them to tell them what's be en gang on with their application? 1 realize that there should hav e been somebody here represent~n them, b~,t I guess 1 feel beater if we co g mmunicated with them what we've done with their application and that it had be en tabled and that they were expec#ed to be here. Those types of issues 1 uess. ,g Corrie: Mr. Berg, can you answer that? Were they not~f~ed each time? Kind of putting you on the spot thinking back, but Meridian City Co~nci! ~,,. ~ial Meeting ~ f,~,- May 23, ~~~D Page 36 Berg; Mr. Mayor, members of the Council 1 know their or~g~nal letter requested an ~ndefin~te period of time from John Mood L.B. y, Industries. 1 can t answer for sure if my staff or Shari's staff has contacted the m directly. Qrigrnally, they were contacted, and I guess that was the Ma meetin wer Y g that their contact was they e running some changes with the landscapin re uirements had made. Ica ' ~ g q that the P & Z nt tell you ff I had any response with that. Carrie: Ms. Stiles, same question. Stiles: It's been some time since we've co t~, ntacted them since it was public prior to that May 7 request. I d hate to see them s tart all over again on this. Can there l know there was a concern on Iandsca ping along that future driveway or the driveway that is there now. 1 didn't deWeerd: There wasn't an concern. It was ' Y dust a question. You know, l -- Carrie: Mrs. devveerd, you'd like to inaudibl -~ ~ e} deWeerd; Sorry, Mr. Mayor, but ou know ' y , 1 keep hearing this that City Counc~! asked them to put in Iandsca ~n . We didn't. p g Two questions were asked and the applicant wasn't here. Has not res onded and ' p weve never had an opportunity to even ask the question, So l a ree with Coun ' g cilman Anderson. 1 hate to den this before the applicant is even seen i Y n our room here. 1 would be opposed to this motion. Bird; Whatdo you want to do? Kee tablin ' p g ~t every two weeks? McCandless: Mr. Mayor, in the letter wri St tten on May ~ ,they asked for an indefinite postponement, and the said that th ~ • Y ey were gathering ~nformat~on that would make an impact on their a lication one - ' pp e can t remember exactly what it said -~ they re ~n the process of ne otiatin the g g purchase of the property with the owners and feel this would make a hu a im act on our - asked • ~ ~ g p application. So they for an Endef~nite time. ff we den it now th ' Y ey d have to go through the whole thing again, I think. Bird: How long are you gain to kee inaudi ? g p ~ ble} ~t out . Anderson: Mr. Anderson, I have a ve sim le ry p solution. vvhy doesn t somebod pick up the phone and call them and Y tell them where we're at and ask them what they'd like to do with their a lication? Then pp we would have information that we could work on to say that we're either oin to d who g g eny it, table it or approve it or t we re going to do. 1 would ask that we have staff do that between now and the next Council meeting. Carrie: vWe had a motion before the floor. Let's see where that one goes. Then we can do that ~f we need. Meridian City Council Sr-' .gal Meeting May 23, ~OtaO ~ ~' Page 37 Bird: We've asked that same uestion st q every time we have tabled it. Ask the aff to call somebody. !t hasn't been done . If you want to drag it on eve week we table it and keep it gain on the a ry g genda, but we've got a question here. Carrie: Motion has been called for. Motion oft is to deny the Cond~tfanal Use Permit he existing car dealership. Mr. Ber . 9 Rot!-cast: deWeerd, ray; ~1cCarrdless n ay, Anderson, nay, Bird, aye M~T14N FAILS: QNEAYE TD THREE NAYES Carrie: Motian to deny has been overr uled. Make another motion, Mr. Bird? vUell, we've got to -- Bird: Do whatever we want. Do ou wa ' y nt to pass it or table ~t? deWeerd: Well, it's a closed ublic heart ' p ng. I would lfke to instruct Shari's office to please call the applicant and have an an t~ t~ saver by June Zo which [ will move to table this until June ~0 . We closed the public hearing. Well have to o en it then, righ#? p Carrie: You can't do that because ou h ' y ave to notify again. devlleerd: okay. Mr. Ma or, 1 than ed Y g nay mind. ! d like to move to o en the public hearing. p Anderson: Continue it. devlleerd: 1 would Pike too en it first. p Bird: Re-open the public hearin on this? g delNeerd: Yes. Anderson: Second. Carrie: Qkay. Motion - do 1 hear a seta nd on that to ope~~ the public hear~n again? Re-open it? Let me et this to g g you right now. If we open the public hearing again, and we continue it to table ' ~t to have a public hearing, we can do that. vile can direct staff to call them. T t~ he next meeting, ~t will be a continued public hearing on the 2D of June; correct? 1 s thatwhat you want to do? deWeerd: That's correct. ' s 7 ` Meridian City Gouncil~r~ ,vial Meeting May ~3, 20L~fl Page 38 Corrie: Ckay, The motion has been made and _ h seconded to re open the public Baring. Any further discussion? All those in favor of the motion say aye, M~TI~N CARRIED: THREE AYES, 4NE NAYE Corrie; Qkay. 11ve'll open the public hearin now g . Now a motion to continue, de~llleerd: Mr. Mayor, I would iike it to be cfea r when staff calls the applicant that we will take action on it on June 20t~. ff we don't h ear from them on their Entent that we will deny it. I move that we continue thi try s public hearing until June 20 . Corrie: okay. Mo#ion made to continue the u ch p bfic hearing until June 20 ,Any further discussion? Do f hear a second? Anderson: Second. Corrie: Motion has been made and seconde d. Any further discussion? All those ~n favor of t>•~e motion sa a e. yy MCT10N CARRIED: ALI_ AYES Corrie: okay, motion is carried. The contin ued public hearing on Item Na. ~, CUP 40-OOn will be continued to June 20t~. S a t ff, make sure you call. Anderson: Mr. Mayor, I would re nest that we tak q e a ~0-minute break. Bird: I'll second that. Corrie; Motion made and seconded that we - take a ~ 0 minute break. Show of hands of people that are here for this Resolutio n Business Park. okay. All right. Alf those in favor of the motion sa a e. yy M4TlaN CARRIED: ALL AYES Meeting reconvened at 9:40 .m. p } Corrie: okay, folks, we'll call the meetin ba r g ck to order. till~hat we re gong to have to do here, just let you know ahead of time i s anybody that was here for the Teare Terrace public hearin ,there has been g a letter to the owner, a letter rescinding that they don't wan# to be annexed or zo~~e d. So that public hearing on ~ 5 and 16 ~s gaing to be removed with the consen t of the Council because of the letter of resignation by the a lication. So Cher ' pp e won t be anymore on that one. Mr. Attorney. Nichols: Mr. Mayor, members of the Council the a ' ppl~cant still wants it, but the owner ~s the one #hat has withdrawn their consent on the annex ' anon. •t ' Meridian City Council Sr~ .gal Meeting May 23, 200 ( ~. Page 3g Corrie: The owner is the one that has the ri ht to , g say whether it s annexed or not. we re going to have the public hearin on Items g 9, 10, 11, 12, 13 and 14. That is the Resofut~on Business Park. Conditional Use Permjts, prel~m~nary plat, and the rezone and the annexation and zonin .The . g n the Council has said that we will continue the public hearings on Items 17 18 a nd 19 on Autumn Faire Subd~vFSion to June 202000. We ma be here fairl Y y late on the Resolution Park, and we don t want to make the wron decisions with 9 the others. So we will be continuing the public hearings on 1l, 18 and 19. That's th still e daycare. Sorry. It s a public hearing. We wilt take u Item 20 21. Twen - p ty two has been tabled at the request ofthe applicant until Jul 5 2000. So ' Y we won t hear that one. Vve wilt do the 23 with the request for Conditional ' use Permit by Mer~d~an School District, and then we'll have the De artment Re p ports. The ones that -- Items 17, 18 and 19 will be heard first on the 20th. The 'll be fi y rst on the agenda, Item 9. Public Hearing: AZ 00-044 Re ue q st for annexation and zoning of 16.119 acres from R-T to C-G for pro osed Resolutio ' p n Business Park by G.L. Voigt l Overland, LLC -~ south of Gverlan d Road and east of Locust Grove Road: (tem 10. Public Hearin : RZ Oo-003 Rezo g ne of 37.64 acres from an R-4 to an L-G zone for proposed Resolution Business Par kbyG.L. Vogt 1 Gverland, LLC -south of Gverland Road a nd east of Locust Grove Road: item 11. Public Hearing: CUP Oo-01l Re u " q est for Conditional Use Permit for proposed Resolution Business Park fora Cann p ed commercial development consisting of multi-famil ,commercial off' Y ice and LDS seminary in proposed L-G and C-G zones b G.L. Voi t I G Y g verland, LLC -~ south of Gverland Road and east of Locust Gr ove Road. Item 12. Public Hearing: PP 00-oos Re ues q t for Preliminary Plat approval of 17 building lots and 2 other lots on 107,05 acres for praposed Resolution Business Park by G.L. Voi t 1 Overland ~- g ,LLC south of Gverland Road and east of Locust Grove Road: Item 13. Public Hearin :CUP 04-015 Re u ' ' 9 q est for Cond~t~onal Use Permit for an ice arena consisting of office ra sho p p, fitness center, restaurant, locker room and equipment stora e for ro 9 p posed Reso(utNOn Business Park ~ Lee Smith Ice Are na by Pat McKeegan -- south of Overland Road and east of L ocust Grove Road : item 14. Public Hearing: CUP 00-016 Re nest f q or Gond~t~onal Use Permit fora 200-unit luxury apartment corn lex in a ro osed p p p L G zone for proposed Resolution Business Park by G.L. Voi t 1 Gverland LLC -- g ' south of Gverland Road and east of Locust Grove Road: