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HomeMy WebLinkAboutNovember 5, 2003 C/C MinutesMeridian City Council November 5, 2003 Page 43 of 76 4 De Weerd: Okay. It's been moved and seconded to continue 13, 14, and 15, RZ 03- 009, PP 03-019, and CUP 03-034, to December 9f" at the regular City Council meeting. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 16. Continued Public Hearing from October 28, 2003: AZ 03-018 Request for annexation and zoning of 43.86 +/- acres from RT to C-G zones for Kissler (Cobbs / Eagy /Ruwe by BRS Architects -southwest corner and southeast corner of North Eagle Road and East Ustick Road: Item 17. Public Hearing: AZ 03-022 Request for annexation and zoning of 5 acres from RT to C-G zones for Kissler (Deals Parcel) by BRS Architects - southeast corner of East Ustick Road and North Eagle Road: De Weerd: Okay. We did have -- Item 16 and 17 are related. Can I open those up at the same time? Any problems? Okay. I will open up the continued Public Hearing from October 28, 2003, on AZ 03-018, request annexation and zoning of 43.86 +/- acres from RT to C-G zones for Kissler, Cobbs, Eagy, Ruwe by BRS -- Ruwe -- Ruwe by -- I'm sorry if I ruined someone's name out there. -- by BRS Architects and also the Public Hearing from AZ 03-022, request for annexation and zoning of five acres from RT to C- Gzones for Kissler Deals Parcel by BRS Architects, and start with staff comments. Powell: Madam President, Members of the Council, tonight's theme seems to be no easy applications. On this project -- I suppose it's alittle -- I'm sorry. This project -- the first h Baring o n t his particular p roject --and I'm not really p repared t o t alk about the second one. The Council directed the applicants to come back with a Planned Development, particularly for the four property owners on the eastern -- the three property owners, excuse me, on the western portion of this application, which is on the west side of Eagle Road and south of Ustick. They -- there is kind of a good news, bad news thing, and that's two of the property owners were able to come to an agreement on a conceptual plan, the third decided to pull out of the application. Eagy is the one thatdecidedto withdraw from the application -- annexation application. That leaves Ruwe a nd Kennevick, C obbs a nd,then, o f course, t hat w ould b e t oo e ass, because they could go across the street and catch Kennevick, but the annexation path, of course, was through Eagy. These two properties in Carol Subdivision provided the annexation path to Eagy and, then, down to Ruwe and to Kennevick. What's preventing the annexation path is this little strip that separates the Ruwe property from any city owned property. I asked that this not be tabled, as the applicant requested, without me bringing this up. I have talked to the public works staff. There is a problem in that we no longer have an annexation path. There is also a problem in that we no longer have a correct description of the proposed annexation boundary. Ruwe is working with the former land -- I think t his land is currently owned by the person who developed this subdivision. It was a surveying error. It's just a survey error and what they are proposing to do is divide that there and Ruwe would take ownership of that property, Eagy would take ownership of the property up here. They need to do that through the Meridian City Council November 5, 2003 Paga 44 of 76 county before they can come -- through the county assessor's office, the county assessor's office said that they need to get it cleared through county development services, so it's at least a month long application before they are able to straighten that out. I wanted to talk to you all about it and to get an opinion from Mr. Nichols, I suppose. I think they need a new application. We have got a new boundary, we have got new property owners involved -- to me, it would seem to need a new application just for the purposes of notification and a good record for the city, but I wanted the attorney to be able to comment on that. I probably shouldn't have just surprised him with it tonight and I apologize, but wanted you to look at that and I also wanted you to look at the conceptual plan tonight and that will take me a second to come up -- bring up. It's on the overhead project -- to get an idea if this is something that is acceptable, so that if they do need to bring it back or when they do need to bring it back, is this level of detail acceptable for the concept plan. Probably can't tell them that it would be okay as far as a concept plan, but if we could just address the question of the level detail and I will bring that up now. De Weerd: Well, I guess I understand why the applicant asked -- or one of the applicants asked for it to be continued. It sounds like there is a lot of information needed to -- Powell: Well -- and I guess what I think is that it -- instead of tabling, I think they, actually, need to withdraw it and that's why I wanted to bring it up tonight. De Weerd: Okay. Mr. Nichols, I guess I guess there was a question posed to you on this. Nothing to put you on the spot, but -- do you need us to take a short recess? Nichols: Until December -- no. Madam President, Anna, if I can -- while you're working there, if you could answer this question. Explain to me why you feel that it needs to be anew application. Powell: B ecause the boundarythat was submitted with the application included this property -- it came down here, it came on the other side of that line over here and, then, over to the Kissler property that's on the other side of Eagle Road. Now, that the boundary of the application looks something like this and, then, it comes over here. They have got a completely different annexation path. The 300 foot noticing would not pick up anybody new, it's unlikely, although with the addition of I think 60 feet there is a possibility that it could pick up somebody new over here on the other side of the street. Nichols: And so to summarize, the new application would be everything but Eagy's property? Powell: Correct Nichols: Because Kennevick, Cobbs, becomes contiguous by the Kissler property across Eagle Road. Meridian City Council November 5, 2003 Page 45 of 76 Powell: Correct. De Weerd: Okay. Can you show the other slide? Powell: The conceptual plan? Bird: Yeah. Back up one. De Weerd: Yes. Bird: Where we see the Kissler property, too, please. Nichols: The vicinity map. Bird: Yes. Vicinity. Excuse me Powell: Okay. I have got it. It's frozen here. Can I show you this, so that I don't have to go back to it? Sorry. This was the concept plan. They had some multi-family residential, a mix of retail, commercial, and office. Some straight commercial, retail of commercial and office here. Then, they just kind of had a utility buffer idea here. I think that we had asked them, if they come back, to have more of a -- kind of a landscape buffer or something along that. This was, I believe, high intensity commercial here, as well as this intersection here. This was the kind of level of detail we were looking at. I can come back to that one. Let me get the -- De Weerd: And, Anna was another concern of the enclave that we will be creating? Powell: Because Eagy has frontage on both Eagle and Ustick, it wasn't as much of a concern there. They are providing specific cross-access points. They have shown where they intend to have cross-access. It's, obviously, not something we could measure, but they are saying, basically, okay, we are going to have access here, we are going to have access here, we are going to have access here. I thought, originally we were going to have one here. It looks like that one went away. That's kind of the level of detail with -- we could address, but Eagy is kind of the -- because it wraps around, it may not be as much of a concern, particularly with this one where you have got the -- almost one user size parcel there. I can freeze this one while I go to the vicinity map if you'd like. De Weerd: I think this shows it Bird: This is fine. Powell: Oh, is this fine? Okay. Thank you. Nary: Madam President? Meritlian City Council November 5, 2003 Page 46 of 76 De Weerd: Mr. Nary. Nary: One of the things, Anna -- have you had that discussion about withdrawing the application? Have they been resistant to that or have we not really had that conversation? Powell: We had that conversation with Mr. Strite. I think that the applicant would prefer, obviously, not to start over again and pay new fees, but they'd prefer to continue on. I'm just not sure whether they can. I'm not sure that there is huge public interest -- in all honesty, I don't know that we'd come to any different conclusion when we got to this point making them go through the process. I'm not suggesting that they have tog o through the process just to make them do it, I just am afraid legally and that's why I wanted the advice tonight. Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: What I'm struggling with is that typically when we -- when we say something -- when we send something back for another application, it's usually because there has been some substantial change in the proposal in the way of the Conditional Use or the Preliminary Plat. The layout, something that's specific to -- to the issue, where here the difference is which parcels. The zoning stays the same, but it's just simply the legal description of the parcels that are seeking to be annexed. The annexation itself doesn't require the hearing, it's the zoning that does, and so that's what I'm struggling with is typically when we have got something we say it's a substantial change, it's because it affects the layout. It may affect where, you know, the access is made onto the public streets, the collectors or the arterials, and that really doesn't apply here, so I'm struggling with whether this constitutes the type of substantial change that would require a new application. I'm just not sure. Nary: Madam President? De Weerd: Mr. Nary. Nary: I guess the part that -- to me that makes it not necessary for a new application is because what they are really doing is what we have asked them to do. We asked them to give us a concept plan. I mean if we can overcome the legal description by amending it and if we need to give new notice further out, I mean I think we can do that. I guess I would hate to send a message that if you did what we asked you to do, you have to start all over again, because that's, really, all they have done. They took out the part that they couldn't make fit and now they have asked us to look at all the rest of it and have tried to bring it in as a conceptual plan. I guess to me that's all the more reason that it's really an amended application, more than a new application, because they are, really, just following more what our directive was to begin with, so -- Meridian City Council November 5, 2003 Page 47 of 76 Powell: Given Council's comments and counsel on the end, perhaps, then, the best thing to do is just grant the applicant's request for the deferral at this time and, then, we will bring up the subject of a concept plan. At that point it would be more appropriate to have it -- I just wanted to bring it up tonight more in reference to if we sent them back through the process, so -- De Weerd: Okay. Well, I do see there are people out here. If there is anyone who would like to testify tonight, you certainly have the ability to do so. Is there anyone who would like to provide testimony? Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Ruwe: Yes. De Weerd: Thank you. Please state your name and address. Ruwe: Janet Ruwe, 2935 North Eagle Road. De Weerd: I'm sorry I messed your name up. Ruwe: Oh, that's all right. Everybody does. De Weerd: Well, mine, too, so -- Ruwe: First of all, at one of the last Council meetings I erred in saying that Sue and Tom Davis were opposed to the Carol Subdivision, when, in fact, they were opposed to the development of Carol Subdivision as a mobile home park, so I erred in saying that, so I just want to set the record straight on that. That little sliver as --Jack Crane in the assessor's office in Boise and we spent a good deal of time with him last week, because this error in -- he said it was signed off by Elgin Gray, who he thinks was a realtor in this area. In those days when property was sold you didn't have to have a state licensed surveyor and basically that's what happened, they went off of an old fence post in the back of my property, instead of the deeded property line. It's just a matter of getting this cleared up through a -- get the right word -- it's called a property line adjustment. It's been really a gray area. We have been paying taxes on this and I have been and Greg Eagy has been and we just have to straighten the whole thing out. It's the same land, it's just that it -- and, actually, I think the meters and bounds are the same, but they just got misconstrued over -- well, I think it's a very gray area, but we are all working on it together and it will get resolved. De Weerd: Okay. Ruwe: Okay, and I think we did come up with a pretty good, you know, plan of what we plan to do here, and we are trying to follow your suggestions and do the best we can. Thank you for listening to us. De Weerd: Thank you. Meridian City Counul November 5, 2003 Page 48 of 76 Bird: Madam President? De Weerd: Mr. Bird. Bird: Mrs. Ruwe -- Ruwe. I butchered it. Ruwe: It's Ruwe. But that's okay. Bird: Anyway -- now you have got the county redoing the property line and stuff? Ruwe: Yes. Bird: Because we can't annex you until -- did they say how long that would be, so we can continue this? Ruwe: My surveyor is Bob Nelson and Greg Eagy has Connelly Marks and they are working together on it with the county assessor's office, so -- Bird: Have you got any idea how long? Because we can't -- we can't annex it until that's all -- Ruwe: And I don't think it's going to take too long. I mean I would say a month on the outside, but they didn't seem to think it was too difficult to get it together, now that they found the error and it happened about 1957. Bird: So, if we continue this to the 9`h of December, we would be -- we would probably be all right? Ruwe: I believe we would be all right, because we are already working on the -- if all the different agencies know about it. It's just getting it all coordinated. Powell: President de Weerd? De Weerd: Yes. Anna. Powell: Members ofthe Council, there is -- for the applicant's edification, they also need to apply with the development services department fora property boundary adjustment application once you get your surveying done. They would be the -- kind of the -- my counterpart at the county and their standard frame -- time frame is to have those type of applications done within a month, but it usually takes just about the full month, so once you get that application in, I would count on at least another full month. I suppose I bring this up -- I think it's optimistic that you will be ready by December 9`h is all. Ruwe: Okay so, shall we -- Meridian City Council November 5, 2003 Page 49 of 76 Nary: I think you're going to need two months, realistically so, that you don't have to continue it again. Ruwe: So, shall we say two months? What if it gets ready early? Can we request a meeting earlier than that or do we just get on the agenda for two months? Bird: We have to do it by January 6th, because it's old Council business and the 6th is when we -- isn't it? January 6th is when we change. We got to do it on January 6`h or -- Ruwe: At the latest. Bird: At the latest. We have to get this done and you do have to go through -- like Anna said. there is some other -- Ruwe: And I'll talk with Anna and get the name of that agency. I didn't write that down. Bird: Oh, I'm sure Billy Ray can help you out on that. He knows what -- Ruwe: And I appreciate this. I mean this is just a crazy thing that came up. We thought it was solved and it just -- out of the woodwork it just seemed to come up. I mean I thought I owned it. I mean I do own the property, it's just -- it's mine, it's just a crazy thing how it got -- I mean it took a long time to find it, but now that we found it, they said the battle is over. Bird: Is that little -- Ruwe: Mostly. Bird: Is that little sliver on your tax roll? Ruwe: Yes. Well, he called it a sliver. I didn't. That's what Jack calls a sliver. De Weerd: Mr. Nichols, did you have something? Nichols: Madam President, I'm a little -- Anna, with the addition of the concept plan -- I mean it is literally w hat the Council asked that they do, but I'm wondering about the Carol Subdivision residents, particularly with amulti-family residential concept adjacent to that property in terms of soliciting public input, so we may need an additional mailing with some language about the concept plan, just -- that way we don't have notice issues with somebody, even though we continued the hearing, brought it up, talked about it, told people when it's going to be, but just the potential additional notice by mail, so that it's out on the table and we don't have someone saying that they never heard about it. Ruwe: I think that's very wise. Meridian City Council November 5, 2003 Page 50 of 76 Bird: Good idea. De Weerd: I guess that would open up something else as to how the access out onto Eagle Road is going to happen and with those kind of road trips or car trips, you know -- Ruwe: I might address that a little bit on my property. I did talk to the transportation department just last week and they feel that I'm -- my property there is far enough away from the corner. They said the Eagy property -- they are the ones with more of a concern and they said that my property -- they didn't think it was going to be a problem. I, actually, had two accesses already onto Eagle Road and they didn't -- I mean I wouldn't be getting anymore and they didn't seem to think that was going to be a problem. I mean it hasn't been gone through any process. Bird: Madam President? De Weerd: Mr. Bird. Bird: Does Jack and Lyle's property up there in the corner, does it still -- do they still -- they d on't have a ny e xit o nto E ogle Road now, d o t hey? S ee, t hat's s o c lose to t he corner, I -- Ruwe: You mean Kennevick Cobbs there? Bird: Yes. I don't recall any -- they don't have any, do they? Ruwe: I'm not sure if the little yellow rental house is his or on the next property. Bird: Are they going to allow that to be that close? This is something Billy Ray is probably going to have to answer, but -- I mean you're not talking about a quarter of a mile away from the corner, if that. Nary: We are getting a little far a field. Bird: What? Nary: Aren't we getting a little far a field from discussing of continuing it? Bird: Yeah. We are. De Weerd: Yes. We are only looking at continuing it based on some of these legal discussions -- or the legal description, the property boundary adjustment, and, then, come back and start discussion on that conceptual plan. Is that the plan? Okay. Thank you. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Thurston: Yes, it is. Meridian City Council November 5, 2003 Page 51 of 76 De Weerd: Please state your name and address Thurston: My name is David Thurston. I live at 1.470 Leslie Way. I'm one of the five property owners that -- on the west side there. I got a couple questions and I just need some clarification. The conceptual plan shows multi-family residence. Does that follow under commercial -- the proposed commerciaj zone? Does that fall into that? Commercial general. '~ De Weerd: Yes. I believe it did. Under the mixed-ruse designations. Thurston: Because the request is for a -- I think GG. Does multi-family residential fall under C-G? I De Weerd: No. Bird: No, it doesn't. Powell: Pardon me for interrupting. Madam President, Members of the Council, as you will recall, one of staff's primary concerns with thel, straight commercial zoning was that the Comprehensive Plan specifically points out the need for residential uses in these areas along the major transportation corridors. i, That is something that staff had specifically said they were looking for in the concept plan. I'm trying to multi-task and find the schedule of use tables, which I'm -- De Weerd: So, Anna, you're suggesting that this is, a mass transportation corridor? Powell: A large transportation -- it's a major transportation corridor. I'm sorry if I said mass. I should have said major. !i De Weerd: Okay. Powell: Eagle Road. Apartments are not allowed iin a C-G zone, so they would have to be done as part of the Planned Development, the 20 percent use exception. De Weerd: So, the request of C-G would not be Powell: It would with a Planned Development anc lengths to include a lot of language abou Comprehensive Plan language in the Developme that we could address those concerns with a PI. This is basically a concept plan for a Planned De for a detailed Planned Development in the future a ate. that's what -- the staff went to great residential and the appropriate t Agreement for the annexation, so fined Development for the property. elopment, that we would be looking the property is developed. De Weerd: But the request is not for a Planned Development. Meridian City Council November 5, 2003 Page 52 of 76 Powell: Not at this time. De Weerd: Okay. Good question. Thurston: So, I'm just wondering if the application is for a rezone into C-G, how do we -- who does -- of course, you can figure that all yourselves how to make that work. Originally, when we went before the Planning and Zoning Committee with this, there was talk about because Leslie Way is -- well, low residential, a transition should also be in the low residential and not in the high residential. One of the requests of the conceptual plan was how -- what was the transitional uses going to be. Also, one of the other questions for the conceptual plan, what are the accesses, not only for the RuNe property, but for other properties and also the connection, possibly, to the property, which is to the south. I guess there should be some consideration for that property, because right now there is no access for that property. I'm the only property owner that's on the west side of this property here tonight, because the others were under the impression this would be continued as it is. We definitely would like to have the opportunity to speak to -- if this is a conceptual plan that is going to be worthy of the Council's consideration. We definitely want to be able to speak to this conceptual plan, because I know there will tremendous opposition to a multiple family dwellings next to the property line there, especially since we are already lower light residential in that entire area. We'd definitely like to have that opportunity to speak to that. De Weerd: Well, thank you, Mr. Thurston. I think your points are well taken, that it does show s ome o f t he a ccesses, b ut i t w ould b e i mportant t o s how a t ransition a nd t hat testimony will be when we continue it, so there is more information at that point, too. Thurston: One more question. Three hundred feet from where the proposed multi- family dwelling is proposed, how far over is 300 feet. Does that hit all -- everybody on the other side of Leslie Way, on the west side of Leslie? Bird: How large is your lots? Thurston: I don't know. Almost an acre. De Weerd: Well, they are probably deep enough, but, then, the road is wide enough, it may not go across the street. Does it? No? Berg: I think it does. Bird: Yes. I think it would. Thurston: It's about a football field I know that. Bird: No. i Meridian City Council November 5, 2003 Page 53 of 76 De Weerd: Okay. Mr. Clerk is not being taken on public testimony. Please use your mike. Powell: Madam President, I have the 300-foot list. I can clarify what was included. It did not include -- it did not cross the road. It went to here and it comes across through that lot and, then, over to the backside of these lots. It did not -- it did not include these properties on the west side of the lane. De Weerd: Why? Nary: Madam President? De Weerd: Mr. Nary Nary: It seems like we are getting a little far a field again, because we are talking about this concept plan that hasn't even been presented to us yet. One of the things I guess I want to ask Mr. Nichols before we continue this matter, I think Mr. Bird raises a valid point, that we have this whole business, but we have sort of a strange situation here. We have a new Council in eight weeks. Half of this Council will be new. We have this concept plan which hasn't been presented and can't even be presented to us until these people can actually be annexed into the city, which might take six to eight weeks from now before we can even have it. Legally, should we set this whole matter into January and hear it then? Because it doesn't make much sense to try to hear this in December and if we -- or even on January 6fh, because if we try to approve it, we will have findings that won't come until a new Council is here and they can't vote on it and half the Council is only able to approve it. It only makes sense to me, I think, and that's why I'm asking Mr. Nichols, that we set all of this into January. I recognize it's a delay for these property owners, but -- I mean some of it's -- you know, part of the reason is because of this little sliver of property and the delay in that. It just doesn't seem to make much sense for us to try to even shoe horn this in on the 6fh of January or a special meeting on the 30th of December. I think Mr. Thurston has raised some points that need to be addressed and Mr. Strite should have the right to address them first and he hasn't had the opportunity, because we are really only talking about continuing it, so -- Thurston: The reason why I asked the question about the 300 feet was to make sure that there is notification given to those people on the other side of the street, to make sure they have the opportunity to respond. Nary: Absolutely. Thurston: I really wonder about those 300 feet, though. That -- Powell: Just call me blond today. It does go across the street. I'm sorry. I was reading the map incorrectly. De Weerd: What does being blond have to do with it? Meridian City Council November 5, 2003 Page 54 of 76 Powell: Oh. Excuse me. Nary: Blond. She meant blind. Powell: That was it. De Weerd: Mr. Nichols, do you have a question? Nichols: Madam President, Members of the Council, even if it didn't go across the street, you have the flexibility under the code and state statute to expand the notice, if it's appropriate to do so. For future reference, if we have something where the 300 feet falls six inches sort of the boundary line on the far side of the street, we have the ability to say it makes sense to add those folks and by looking at a map do that. With regard to the continuance, just a couple things to point out anything this time of year you're going to run into Thanksgiving week, so that you blow about three days that week. I mean they are gone, because the folks that you may need to deal with at Development Services may have saved up their vacation or whatever on the boundary line adjustment and, then, you have got New Years and Christmas in there and so it just compresses the number of work days that are available to get things done anyway. Even when you look at two months, that's an optimistic two months. Continuing into January for the new Council to review, they can review the minutes of the first portion of the hearing and, then, go from there. I would recommend that it be continued to date in January, which the new Council can review and consider it and that should match about the time necessary for Mrs. Ruwe and the Eagy's to complete the property boundary adjustment process with Development Services, which also works with the assessor's office. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would suggest, then, at that point let's go to January 20`h. That's two weeks passed the swearing in. That gives the new -- two new members a chance to -- two weeks to look it over. Nary: That's very generous. No one said this job would be easy, but -- Bird: What? Nary: I said that's very generous. No one said this job was easy. Give them two weeks. but -- Bird: Well, I'd hope they'd give me two weeks. De Weerd: Yes. Okay. Thank you, Mr. Thurston. Meridian City Council November 5, 2003 Page 55 of 76 Thurston: Thank you very much. De Weerd: We do have a Public Hearing here that will be continued, but is there anyone else who would like to provide testimony? Okay. The applicant, Mr. Strite, would you like to provide any comment? You will have to be sworn at first. Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Strite: Yes, it is. De Weerd: Please state your name and address. Strite: Billy Ray Strite. For the record, 1010 Allante, Boise, Idaho. I'm here, along with Janet Ruwe, obviously. I think there have been a lot of comments made. I think Councilman Nary hit it on the head and also Councilman Bird. I would think that the January 20th would probably the earliest. I, in fact, agree with Mr. Nichols, that to get all these legalities out of the way, dealing with the county, their present record -- well, I shouldn't say it that way. Their present timing has not been exactly the most expedient I'll put it that way. It would be my guess that January 20`h would be the earliest that we could comply with the documentation necessary to proceed and, again, without being repetitive, the whole issue tonight is the deferral. We certainly agree to that deferral and would ask that we be placed on that agenda for January 20`h and that's all I have to offer. De Weerd: Thank you. Okay. Any questions? Okay. Thank you. Strite: Thank you. De Weerd: Okay. Council? Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we continue the Public Hearing AZ 03-018 and Public Hearing AZ 03-022, which is a request for annexation and zoning of 43.86 +/- acres from RT to C-G zones for Kissler, Cobbs, Eagy, and Ruwe, by BRS Architects. Also, the request for annexation and zoning for five acres from R-2 to C-G zones for Kissler Dealy Parcel by BRS Architects and before somebody seconds that I got a question in my deal. Well, we pulled -- Eagy has been pulled, so how do we -- how do we continue -- it's still on the application, but he is pulled, and so I have got a question for the legal -- poor old Mr. Nichols is earning his money today. Meridian City Council November 5, 2003 Page 56 of 76 Nichols: Madam President, Members of the Council, the title on the agenda is not determinative of the issue and so we can continue to include Mr. Eagy's name on the parcel, recognizing that he's withdrawn his consent to the annexation for those parcels. Bird: Thank you. Then, my motion is done. Nary: And I would second it. I just had a comment, too, Madam President. De Weerd: You sure make this record a challenge too, I'm sure. Nary: I like to make Mr. Willis earn his money, too. Also, too, Ithink -- I think what we have expressed that some amended application and we certainly have had formerly known as designations for titles, so I think we will be okay on having a -- Bird: I was just scared that without you guys -- that without the legal opinion of Mr. Nichols that maybe we are forwarding something that isn't legal anymore when you have --when you have an applicant withdrawal. De Weerd: Okay. Bird: But that answered it, so we are okay. De Weerd: Any further discussion? Okay. It's been moved and seconded to continue Items 16 and 17 to January 20, 2004. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES Berg: Madam President? De Weerd: Mr. Berg. Berg: If I could just ask for clarification and direction. I'm sending out a complimentary additional notice with the concept plan for the Public Hearing on January 20th. Is there anything that needs to be added to that concept plan or is that -- De Weerd: You may want to get with Mr. Strite and see if there is anything that they are going to add before you send it out. Berg: Okay because we talked about access points and a few other things. I just wanted to make it -- De Weerd: Mr. Nichols? Nichols: Yes. Madam President, Members of the Council, I think it also needs to clearly indicate that the Eagy parcel is out and has been withdrawn. N Meridian City Council November 5, 2003 Page 57 of 76 De Weerd: Okay so, Mr. Strite can get with you on what you will be sending out. Okay. Thank you all very much. Item 18. Public Hearing: PP 03-026 Request for Preliminary Plat approval of 15 building lots on 4.15 acres in an L-O zone for Stokesberry Subdivision No. 2 by Properties West, Inc. -west of North Eagle Road and north of East Fairview Avenue: De Weerd: Okay. W e a re at Item 18, Public Hearing for P P 0 3-026, request for a Preliminary Plat approval of 15 building lots on 4.15 acres in an L-O zone for Stokesberry Subdivision No. 2. We will open with staff's comments. Oh. Well, I still have to open and -- and we don't want staff comments, because they want to continue it to November 12`d Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move we continue Public Hearing PP 03-026, the request for Preliminary Plat approval of 15 building lots on 4.15 acres for Stokesberry Subdivision No. 2 until November 12, 2003. Nary: Second. De Weerd: Okay. It's been moved and seconded to continue Item 18, Public Hearing PP 03-026, November 12`h. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 19. Public Hearing: RZ 03-010 Request for a Rezone of 4.47 acres from R-4 to R-8 zones for proposed Woodside Creek by Woodside Properties, LLC - 1115 North Ten Mile Road: Re-Noticed for November 25, 2003 due to Inadequate Property Posting Item 20. Public Hearing: PP 03-025 Request for Preliminary Plat approval of 15 building lots and 5 other lots on 4.47 acres in a proposed R-8 zone for proposed Woodside Creek by Woodside Properties, LLC - 1115 North Ten Mile Road: Re-Noticed for November 25, 2003 due to Inadequate Property Posting De Weerd: Okay. Items 19 and 20 are also Public Hearings that have been asked to continue, but I will open those -- no? I don't open them? Berg: Madam President, they were not noticed properly, so there is not really a Public Hearing for tonight.