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HomeMy WebLinkAboutJanuary 27, 2004 C/C MinutesMeridian Clty Coundl January 27, 2004 Page 13 Bird: It was a specification that come -- or recommendation that come from the Planning and Zoning. De ,Weerd: Would you like to hear from the applicant? Okay. Okay. Well, I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve CUP 03-054, Devon Park Subdivision No. 1 and 2, the Conditional Use Permit, and also the CUP 03-055, Conditional Use Permit for Devon Park Subdivision No. 1 and 2, with CUP 03-055, the changing on specific site specifications number two to certificate of occupancy, instead of building permit, the first two -- in the second and third word of the sentence. Rountree: Second. De Weerd: It's been moved and seconded to approve the findings for F and G removed from the Consent Agenda regarding Devon Park Subdivision No. 2 with the corrections as noted. Mr. Clerk, will you call roll? Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. J. Findings of Fact and Conclusions of Law for Denial: AZ 03- 021 Request for annexation and zoning of 114.52 acres from RUT to R-8 (PD) and C-G zones for proposed Redfeather Estates Subdivision No. 2 by Packard Estates Development, LLC -south of East Ustick Road and east of North Eagle Road: K. Findings of Fact and Conclusions of Law for Denial: PP 03- 024 Request for Preliminary Plat approval of 302 building lots and 28 other lots on 90.29 acres in a proposed R-8 (PD) zone for proposed Redfeather Estates Subdivision No. 2 by Packard Estates Development, LLC -south of East Ustick Road and east of North Eagle Road: L. Findings of Fact and Conclusions of Law for Denial: CUP 03- 041 Request fora Conditional Use Permit fora Planned Development for single-family residential use with reduced setbacks, lot sizes, lot frontages, house sizes and increased block lengths for proposed Redfeather Estates Subdivision No. 2 by Meridian City Council - January 27, 2004 Page 14 Packard E states Development, LLC -south of East Ustick Road and east of North Eagle Road: De Weerd: Thank you. Okay. Finally, we have items J, K, and L that was removed from the Consent Agenda for AZ 03-021, PP 03-24, and CUP 03-041, on Redfeather Estates Subdivision No. 2. I will start with staff comments. Hawkins-Clark: Madam Mayor, Members of the Council, we -- I think this item was discussed at your last meeting, whether or not you would entertain a reconsideration of these three applications and the advice of legal counsel was to have this actually on an agenda before you did so. De Weerd: Thank you, Brad. Council? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess for more enlightenment, from what I have understood from the planning department, as well as the applicant of Redfeather Estates, they have worked with the neighbors to --they believe to alleviate the concerns that were expressed at the Council hearing on the denial. I don't think there has been any commitment to change the decision of the Council at this juncture, all they have asked is to present their redesign plan to us after providing notice to all the surrounding neighbors and they would also pay for the second mailing again to all of those people. I guess what's before us is if we want to consider that, we certainly can. What we would need to do, then, is set all three of these matters for a date certain in the future for notice and for the decision on whether or not we want to reconsider that denial. I think that's -- I think that's where we are at this. Did I get all that right, Mr. Nichols? I think that's what we have. De Weerd: Just to note, we also received a letter from one of the neighbors as well, asking for reconsideration, and that served as the spokes person for that subdivision. Is there any further discussion? Do I have a motion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I would move that we -- that we set for hearing AZ 03-021, PP 03-024, and CUP 03-041 for Redfeather Estates Subdivision No. 2 for a date certain for presentation by the applicant of a redesign of Redfeather Estates Subdivision No. 2 before we consider these Findings of Facts for denial. I don't know what the -- a date. Rountree: March 2nd. Bird: March 2nd would be a good one. Meridian City Council January 29, 2004 Page 15 Nary: March 2nd, 2004. Wardle: Second. De Weerd: Okay. It's been moved and seconded to move consideration for AZ 03-021, PP 03-024, CUP 03-041, for Redfeather Estates Subdivision No. 2 to March 2nd, 2004. Any further discussion? Okay. Mr. Clerk, will you call roll? Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Mr. Berg, will -- or Mrs. McKay can get in touch with Mr. Berg on the mailing list and the costs and all of those things and the process will be taken care of, so -- thank you. Item 8: FP 03-072 Request for Final Plat approval of 45 building lots and 5 other lots on 21.24 acres in an R-4 (PD) zone for Bridaetower Crossings No. 5 by Primeland Development, LLP -east of North Ten Mile Road and south of West McMillan Road: De Weerd: Thank you. Okay. Item 8 is FP 03-072 for Bridgetower Crossing No. 5, request for final plat. We will open with staff comments. Hawkins-Clark: Thank you, Madam Mayor, Members of the Council. The phase that's before you tonight is shown here. It's off of Ten Mile Road. Bell Tower Drive is their recently newly constructed entry road. This is on the north side of Bell Tower and it's generally this pod that's located here. Here is the final plat that was submitted and staff has reviewed it with the preliminary plat and found it to be substantially in conformance. We did receive a written response from Mrs. McKay, dated January 27, and they have agreed to comply with all the conditions. The one exception was number ten, which deals with the mosquito abatement plan that was required and we had asked for that as apart of a storm water pond that didn't have much circulation and we were concerned about that, but that storm water pond is not located in this phase, so staff agrees that that could be stricken. I think that's all I have. De Weerd: Thank you, Brad. Does the applicant have any comment? No? No comments by the applicant. Council? Okay. Do we have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird.