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HomeMy WebLinkAboutMay 6, 2008 C/C MinutesMeridian City Council May 6, 2008 Page 36 of 74 set date, does that prevent you from continuing the criminal case if compliance actually isn't due until then? I don't want to cut -- I don't want to mess up your process. Overton: No. His compliance does not stop our going forward with the criminal prosecution. Borton: Okay. Overton: We will continue -- we were, basically, waiting for the decision tonight to go forward with that case. We will go forward, because, as we all know, the criminal process is extremely slow and so it's going to be a few months before that would even get in front of a courtroom. So, I'm not worried about allowing a degree of time. It's not going to slow us down at all. Borton: Okay. Madam Mayor, if there is no further discussion, I would float a motion that -- that we deny Item 14, VAR 08-003, the variance for the Silman setback and as part of that motion require compliance and the remedy to be completed on or before June 30th, 2008. Bird: Is that it? Borton: That's it. Bird: Second. De Weerd: Okay. I have a motion and a second to deny Item 14. Any discussion? Rountree: I have none. Bird: I have none. De Weerd: Okay. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: VAR 08-004 Request for a Variance to UDC 11-3H- 4B.2.a, which prohibits new approaches directly accessing a state highway to allow a temporary access to SH 55/Eagle Road for Great Wall Restaurant by Kinsan Chan - 2590 North Eagle Road: De Weerd: Okay. Item 15 is a Public Hearing on VAR 08-004. I will open this Public Hearing. This item has been requested to continue to May 20th. Rountree: Madam Mayor'? Meridian City Council May 6, 2008 Page 37 of 74 De Weerd: Yes, Mr. Rountree. Rountree: I move that we continue Item 15 until May 20th. Bird: Second. De Weerd: Okay. I have a motion and a second to continue this item. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Yes. Borton: I will be recusing myself from Items 16 and 17. Item 16: Continued Public Hearing from April 22, 2008: AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C-G zones for Waltman Propertv (aka Browninq Plaza) by Waltman, LLC - 505, 521, 615 and 675 Waltman Lane: Item 17: Continued Public Hearing from April 22, 2008: PP 08-001 Request for Preliminary Plat approval of 52 commercial / office lots and 1 common lot on 38.21 acres in a proposed C-G zoning district for Browninq Plaza (aka Waltman Propertv) by SLN Planning, Inc. - 505, 521, 615 and 675 W. Waltman Lane: De Weerd: Okay. Thank you. Okay. Items 16 and 17 are continued public hearings on AZ 06-063 and PP 08-001. I will ask to open this with staff comments. Canning: Madam Mayor, Members of the Council, although this is a continued Public Hearing, you have not had a presentation, so you get the whole presentation today. This is the Waltman Browning Plaza project and it's located on the south side of Waltman, east of the Landing Subdivision, and directly north of I-84. So, it's west of Meridian Road exit there. The applications before you tonight are annexation and zoning of 38.68 acres to C-G general commercial, and a preliminary plat for 40 building lots and finro common lots. This is the approved -- the conceptual site plan that the Planning and Zoning Commission acted upon and this concept plan depicts one big box retail building, a hotel, offices and a retail center for a variety of commercial opportunities. There are 21 proposed buildings. That includes five office buildings and five office/retail buildings, one big box retail building, one potential hotel building -- I should point some of these out. This is the big box on the southeast side of the property and the hotel would be on the southwest portion of the property. And nine smaller retail buildings. This is a revised concept plan that the applicant has provided