HomeMy WebLinkAboutJuly 22, 2008 C/C MinutesMeridian City Council
July 22, 2008
Page 20 of 40
Friedman: Thank you, Madam Mayor, Council Members. This is a request by Mr.
McKeegan for a fee reduction on a rezone application that he is proposing to put
forward. If you will recall, last spring his clients proposed a rezone on Lanark Street.
That rezone was ultimately denied by the Council. They have rethought their plans,
have come back, they had apre-application with our staff last week and indicated that
many of the conditions haven't changed there and that they didn't feel that the full
rezone fee was appropriate and necessary. Staff does not support this request. I have
looked at the UDC section on fee waivers and it is clear the Council may waive all or
part of a fee upon a demonstration of hardship and having reviewed Mr. McKeegan's
letter, I certainly understand their position, but I didn't note a hardship in there, so we
don't support the request. In addition, there will still be work to be done by staff. There
will be some analysis. There will be posting. There will be time by city clerk staff, there
will be time by planning department staff at the hearings. So, it's not all just a matter of
kind of cutting and pasting a staff report.
De Weerd: Okay. Thank you, Pete. Any questions for staff?
Bird: I have none.
Rountree: I have none.
De Weerd: Any questions of the applicant here? Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we deny the request for fee -- fee reduction at 3131 Lanark, LLC and 3163
Lanark, LLC, by Pat McKeegan, architect.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to deny Item No. 8. Any discussion?
Hearing none, Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 9: Request for Reconsideration of Conditions for Waltman Prouerty /
Browning Annexation by Shawn Nickel with Rose Law Group - 505,
521, 615 and 675 Waltman Lane:
De Weerd: Okay. Item 9 --
Borton: Madam Mayor, I will be in the back.
Meridian City Council
July 22, 2008
Page 21 of 40
De Weerd: Okay. -- is a request for reconsideration of conditions for the Waltman
Property /Browning Annexation. Pete.
Friedman: Thank you, Madam Mayor, Council Members. Mr. Nickel from the Rose Law
Group has submitted a request for reconsideration on your decision approving the
Waltman Property /Browning Plaza annexation and rezone. In a meeting with staff last
week he went over some of the points he's interested in bringing back before the
Council and staff at least supports the reconsideration and believes that at least it would
be good to get some of the issues clarified and brought back before Council. So, we
are supporting their request and would recommend that if you choose to reconsider it,
that you set a new hearing date. I believe either the 12th or the 26th of August or the
soonest that those could get on the agenda.
De Weerd: Okay.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Just for my own information, we are being asked for reconsideration for
clarification, not a change in -- necessarily in the outward direction on this particular
application, but a clarification of many of the -- of a few of the many stipulations that
were made, some of which might be in conflict with one another.
Friedman: Madam Mayor, Council Member Rountree, Council, I believe that is the
case. I was not a party to the discussion, so --
Rountree: Okay.
De Weerd: I believe that's what was mentioned in the letter. If you have any
clarification, questions that you would like to ask of the applicant, but it is --
Rountree: I mean he's here, if he wants to say something.
De Weerd: Would the applicant like to add anything? You can't provide testimony per
se.
Nickel: Thank you. Madam Mayor and Council. Shawn Nickel. 6223 Discovery Way,
Suite 200, Boise.
De Weerd: Thank you.
Nickel: We have asked for reconsideration to clarify several of the conditions that seem
to conflict with one another and we have also asked for reconsideration of one of the
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July 22, 2008
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conditions that we were not in favor of, which I believe would require -- or would need to
require some public --
De Weerd: Comment?
Nickel: -- comment.
Rountree: Okay.
De Weerd: Thank you.
Nickel: Thank you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: If there is no further comments or questions, I would move that we approve
the request for reconsideration of the Waltman Property /Browning Annexation
identified in Item No. 9.
Bird: Second.
De Weerd: Okay. I have a motion and a second regarding reconsideration on this
Waltman Properly /Browning Annexation.
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: I'm assuming that that -- if we vote yes, which it sounds like we are going to,
that that will generate another notice of public hearing. I would like to ask that the
notice be very specific about the items that are being requested to be reconsidered, so
that we don't open up the discussing to everything that was ever said again.
De Weerd: Excellent suggestion. Mr. Nary, can we do that?
Nary: We have never done that before. Madam Mayor, Members of the Council, we
have never --once you have requested reconsideration, it's very difficult to try to narrow
it to one topic or one issue, because that one issue may lead to other issues, which,
then, means you wouldn't have noticed to other people that you may talk about
somebody else. Since they want to change one -- and I don't have the letter in front of
me from Mr. Nickel, but they, basically, want another discussion about an item that you
have already ruled on in one direction, they would like you to rule another way. So, I
would be -- I wouldn't recommend you try to limit it, only because I think you will end up
with a situation that you may have to have a second hearing if you do. I know that's
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July 22, 2008
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probably not the answer you were seeking, but I'm afraid that you would be -- I'm afraid
that you would be putting yourself in a pickle to have to have another hearing, because
you may have opened the door to other issues that may come up.
Zaremba: I thoroughly understand the logic of that.
Rountree: Madam Mayor, it seems to me, if what Mr. Nary said registered, could we not
notice it for reconsideration of -- for clarification and discussion of the conditions for the
development agreement?
Nary: Madam Mayor, Members of the Council, Council Member Rountree, I guess you
could. What I would suggest you do is we not treat this differently than any other one.
Rountree: Okay.
Nary: But you can certainly in your hearing direct to the folks this is the issues that have
been raised and this is the issues we are going to concentrate our decision on. You can
stand up here for three minutes and talk about whatever you want to talk about, but we
are going to focus our attention on these things and maybe help direct them in that
regard, rather than feeling like we are opening up this whole discussion all over again.
But, again, I'm just afraid if you limit it on the front end, you will end up holding -- having
to hold another hearing, just because the discussion may diverse -- my digress,
especially on this particular project.
Rountree: Appreciate that. Don't change my motion, then.
Bird: No. Leave it like it is, because -- Madam Mayor?
De Weerd: Mr. Bird.
Bird: I think what Bill is telling us is very, very good, because every time we have
continued public hearings for specific items it just isn't that item, because all it takes is
one person to mention something in a public hearing and, then, you're basically wide
open again. So, let's leave it like it is. I think Mr. Rountree had a very good motion.
De Weerd: Okay. We have a motion in front of you to approve the request for
reconsideration and to set this for posting for the normal public hearing process and I
assume that includes that the applicant would pay for all the necessary postings and
mailings. Okay? Do I need a roll call vote on that?
Nary: Madam Mayor, yes.
De Weerd: Okay. Roll call vote, please.
Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Gorton, absent.
Meridian City Council
July 22, 2008
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MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Thank you. If someone will find Councilman Borton.
Rountree: Well, we have two more items on that topic.
De Weerd: Oh, I'm sorry.
Rountree: Question for legal counsel, Madam Mayor'?
De Weerd: Yes.
Item 10: Findings of Fact and Conclusions of Law for Approval: AZ 06-063
Request for Annexation and Zoning of 38.68 acres from RUT and R-1
zones to C-G zones for Waltman Property (aka Browning Plaza) by
Waltman, LLC - 505, 521, 615 and 675 Waltman Lane:
Item 11. Findings of Fact and Conclusions of Law for Approval: 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
Browninu Plaza (aka Waltman Property) by SLN Planning, Inc. - 505,
521, 615 and 675 W. Waltman Lane:
Rountree: On Items 10 and 11, do we vacate those because of that action or do we
carry them over?
Nary: Madam Mayor, Members of the Council, you can simply vacate them at this
point, because they may change or they may not. We can always bring them back.
You can just vacate them off this agenda.
Rountree: Madam Mayor?
De Weerd: Uh-huh. Mr. Rountree.
Rountree: I move that we vacate Items .10 and 11.
Bird: Second.
De Weerd: Okay. I have a motion and a second to vacate Items 10 and 11. All those
in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 12: FP 08-011 Request for Final Plat approval 11 commercial building lots and
1 other lot on 10.213 acres in an L-O zoning district for Bridcaetower