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HomeMy WebLinkAboutMinutes• • ~. Meridian Planning & Zoning Commission February 13, 1996 Page 50 . Lawrence: I don't see that as a problem as far as the day care goes as far as my residence goes maybe you might see me here when they are applying for theirs. Hepper: As long as you are aware. That is all I have. Johnson: Anyone else? Thank you, does anyone else want to address the Commission on this application? Lawrence: I have one more question, as far as the hours go, like she says Micron, I don't know what kind of people I will be taking in, are they flexible with that. Is that flexible with that or is that set in stone how does that work? Johnson: We ask that question really in consideration of your neighbors. Lawrence: That would be my preference.and consideration myself. Johnson: Your answer was fine it was, I would like it to be, in other words it wasn't this is what they are. I think that is fine. Does anyone have any reflection on that? Lawrence: Thank you Johnson: Is there anyone else? I will close the public hearing at this time. This requires findings of fact and conclusions of law. Shearer: Mr. Chairman, I move we have the Attorney prepare findings of fact and conclusions of law for this project. MacCoy: Second Johnson: Moved and seconded to have the City Attorney prepare the findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHEVRON C-STORE, FUEL ISLANDS AND CAR WASH BY AVEST: Johnson: I will open the public hearing at this time and invite Avest or their representative to address the Commission. Larry Durkin, 380 East Parkcenter Blvd., Boise, was sworn by the City Attorney. • • Meridian Planning & Zoning Commission February 13; 1996 Page 51 Durkin: Mr. Chairman and Commissioners we are the developers of the shopping center project where Fred Meyer is presently under construction and we have a number of other buildings under construction, the McDonalds is now.open. What we are talking about tonight is lot 7 which is in the bottom right hand corner of that plat. I want to point out that this is the plat that you have and the building here of record it has been a modification to the north property line. When went through a property line adjustment procedure. So this property is now larger. We took some of lot 8 and applied it to lot 7 and I just want you to be aware that I am showing you this for the purpose to give you an idea of what we are talking about in the larger scale but that is not completely accurate the way it is today. We have entered into an agreement with Chevron, it is the same Chevron operated by that operates the Chevron in Meridian by the freeway. It will be a similar type of operation. This is a 4,000 square foot building with your typical convenience items and food items as well as the car wash and pumps. We have on our plans and application met the conditions for the overall plat. As far as landscaping, drive ways, etc. We have read the entire staff report that we received from the City and we are in full agreement with the recommendations on the report and have no problems with any of -them. I don't see any concerns. Crookston: Are you going to have a drive in window? Durkin: The back left hand corner or what would be the northwest corner of the building there is, it is set up for a drive through facility to pick up milk and things at that back. There is not a restaurant in it, it is for picking up, there is a dairy case there and that is where the register is in the store. So we will have that. Crookston: A conditional use permit is required for the drive in window Durkin: Is that a separate procedure than this? Crookston: Yes, that is what the Texaco out on Eagle Road that is what happened to them too. Durkin: So you go through the conditional use permit for the Chevron and then you come back and go through. Stiles: Counselor; I believe the only reason the Texaco had to go back through is because they never showed it on their initial conditional use permit application. I was under the understanding that this could cover the whole thing since they did show this as part of their design now. Crookston: That would be fine with me. • • Meridian Planning & Zoning Commission February 13, 1996 Page 52 Durkin: That would make sense. Crookston: (Inaudible) that did happen to the Texaco place I just wanted to reference that. Johnson: Well they hadn't shown (inaudible). Durkin: It is clearly shown in our application on this plan here and it is identifiable on the packets that you have. I guess it is really diffcult to see on your packets but on the larger plans that we have submitted. Johnson: Is there any change in the lighting that, from what Mr. Eddy has now by the freeway? Can you address that, we were kind of surprised by what happened on Eagle Road -and that is probably why I am asking that question. Durkin: Specifically the lighting here is consistent with the Fred Meyer development and frankly I am not real sure what exactly it is but I know it is consistent with the overall lighting plan for the development. Johnson: That was a major concern when the development was approved with Fred Meyer and so if that carries through I am sure that will be (inaudible). Durkin: It is part of our overall approval process for the whole of the project. Hepper: Would there also be a sign like the one out there on the freeway, the one that you can see from about 20 miles away. , Durkin: No, there is a small sign in the center of the project. It is a different type of operation I think in all fairness when you have a highway type of location versus a neighborhood type of location. Steve Eddy operates quite a few different ones if you have ever seen the one by the mall at Emerald and Milwaukee that is one of his. Broadway and Linden over in Southeast Boise, that is one of his stations. He is under construction now with another highway monstrosity by the airport but this would be more of a neighborhood style. Some of the concerns we had and if you want, I don't know if you want me to go into it, but we are leasing the ground to him and we had some concerns on the some of the environmental things. We are convinced that they are meeting or exceeding all of the requirements. The ground water on the site automatically goes through a filtering system so that in the event that there would be a spill on the site it doesn't go into the drainage system it goes through a filtering system first. That is collected. The car wash is filtered many times a day, there is a holding tank that the water is recycled over and over and over again. When they do flush out that tank that goes go into the sewage system but it is completely filtered through a series of filtering systems first. It meets all of the criteria for • Meridian Planning & Zoning Commission February 13, 1996 Page 53 . that. So we are happy with that. The landscaping that we are showing in the front on Fairview Avenue is identical of the overall front of the whole center so that will carry from, this is the last parcel on Fairview that we have and that will carry all the way to the corner without any change. It actually goes a little deeper in some of the sections but on Fairview Avenue it is 35 feet deep and the berm will be the same height; the landscaping plan will be aggressive, nice landscape. Another thing I would like to point out and then this will be it for me, but Tom if you could just point out. the lot line between lot 7 and 8. We have a cross easement and use agreement. Lot 8 is to the north, it is our last vacant parcel and we are trying to, we are not trying to, we have a cross easement use agreement that we will be recording on the parcel and these two properties will share access points and we plan on building another facility there that will be compatible with this. That is about it. Johnson: Thank you very much, any questions from the Commission that haven't been answered? MacCoy: I think I will go back to this lighting, I am familiar with the places you talked about, I am just curious to do with the non-glare type lighting, (inaudible) lighting so much in the past few years here (inaudible) they show up very well in your establishment but they don't create a road hazard and they don't create a problem with the neighbors. Durkin: Mr. Commissioner, to be frank with you I don't have the details on what they are proposing to do specifically. We did cover this at length in the Fred Meyer parcel and i would be happy to add a condition that the lighting be the same lighting program as the Fred Meyer parcel that is in our lease agreement with him. I don't have a doubt that is the case, but if it will give you more comfort and satisfaction tonight I would be more than happy to. We have a recorded development, agreement with the City that is specifically covered in, however if that would make you comfortable that will be the same type of light that is a non-glare light. We have a number of shopping centers in other areas and I am really aware of that, how sensitive that is. Each time we build a center we try to improve it more and more. We wall be more than happy to have that as an additional condition. Johnson: Anyone else? Thank you Larry, anyone else that would like to address the Commission on this issue? We need you to leave those documents that you brought with you for us if you would. Is there anyone else? I will close the public hearing at this time. Shearer: Mr. Chairman, I move we have the City Attorney prepare findings of fact and conclusions of law for this project. MacCoy: Second Johnson: Moved and seconded that we have the City Attorney prepare findings of fact and Meridian Planning & Zoning Commission February 13, 1996 Page 54 conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Any further issues or discussion before we adjourn? Shearer: Mr. Chairman, I move we adjourn. Oslund: Second Johnson: We have a motion and a second to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 10:48 P.M. . (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: _~ ~.n,-., ~ .~ .. ~,n~ JIM JOHNSON,~CH I MAN ATTEST: WILLIAM G. BERG, JR., I ~ CLERK • • Meridian Planning & Zoning Commission March 12, 1996 Page 11 Crookston: That "not" needs to be removed Mr. Chairman. Hepper: Is there any other discussion? Oslund: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby adopt and approve these findings of fact and conclusions. Shearer: Second Hepper: With the deletion of "not" on page 8? Oslund: Yes Hepper: It has been, a motion by Commissioner Oslund, second by Commissioner Shearer to approve the findings of fact and conclusions of law with the exception on page 8, roll call vote. ROLL CALL VOTE: Oslund -Yea, Shearer -Yea, MacCoy -Yea MOTION CARRIED: All Yea Hepper: Decision or recommendation? MacCoy: Mr. Chairman I would like to make the decision or recommendation that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified appropriate by the City Council. That the property be required to meet the requirements stated in the conclusions of law, the water and sewer requirements, the fire and life safety codes, uniform fire code and the ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Oslund: Second Hepper: Its has been moved by Commissioner MacCoy and second by Commissioner Oslund to approve the decision and recommendation, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS. OF LAW FOR A CONDITIONAL US Meridian Planning & Zoning Commission March 12, 1996 Page 12 PERMIT FOR A CHEVRON C-STORE, FUEL ISLANDS, CAR WASH, AND DRIVE THRU WINDOW BY AVEST: Hepper: Are there any additions or deletions or corrections? (Inaudible) Hepper: Apparently we have a revised page where the word maintain has been changed to obtain on page 8, item 7, the last word. Do we have a recommendation on the findings of .fact? MacCoy: Mr. Chairman, I recommend that the findings of fact and conclusions that the Meridian Planning and Zoning Commission. hereby adopts and approves these findings of fact and conclusions. Shearer: Second Hepper: It has been moved by Commissioner MacCoy and second by Commissioner Shearer to approve the findings of fact, roll call vote. ROLL CALL VOTE: Oslund -Yea, Shearer -Yea, MacCoy -Yea MOTION CARRIED: All Yea Hepper: Decision or recommendation? MacCoy: Mr. Chairman, the decision or recommendation of the Meridian Planning and Zoning Commission hereby recommends to the Meridian City Council that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Shearer: Second Hepper: Motion by Commissioner MacCoy, second by Commissioner Shearer to approve the decision and recommendation, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING CONTINUED FROM FEBRUARY 13, 1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR A SENIOR CITIZEN BOARDING, LODGING COMPLEX BY WAYNE AND KAREN FORREY: ~ ~ Meridian Planning & Zoning Commission February 13, 1996 Page 50 Lawrence: I don't see that as a problem as far as the day care goes as far as my residence --gees maybe you might see me here when they are applying for theirs. Hepper: As long as you are aware. That is all I have. Johnson: Anyone else? Thank you, does anyone else want to address the Commission on this application? Lawrence: I have one more question, as far as the hours go, like she says Micron, I don't know what kind of people I will be taking in, are they flexible with that. Is that flexible with that or is that set in stone how does that work? Johnson: We ask that question really in consideration of your neighbors. Lawrence: That would be my preference and consideration myself. Johnson: Your answer was fine it was, I would like it to be, in other words it wasn't this is what they are. I think that is fine. Does anyone have any reflection on that? Lawrence: Thank you Johnson: Is there anyone else? I will close the public hearing at this time. This requires findings of fact and conclusions of law. Shearer: Mr. Chairman, I move we have the Attorney prepare findings of fact and conclusions of law for this project. MacCoy: Second Johnson: Moved and seconded to have the City Attorney prepare the findings of fact and conclusions of law, atl those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHEVRON C-STORE, FUEL ISLANDS AND CAR WASH BY AVEST: Johnson: I will open the public hearing at this time and invite Avest or their representative to address the Commission. Larry Durkin, 380 East Parkcenter Blvd., Boise, was sworn by the City Attorney. Meridian Planning & Zoning Commission February 13, 1996 Page 51 Durkin: Mr. Chairman and Commissioners we are the developers of the shopping center project where Fred Meyer is presently under construction and we have a number of other .buildings under construction, the McDonalds is now.open. What we are talking about tonight is lot 7 which is in the bottom right hand corner of that plat. I want to point out that this is the plat that you have and the building here of record it has been a modification to the north property line. When went through a property line adjustment procedure. So this property is now larger. We took some of lot 8 and applied it to lot 7 and I just want you to be aware that l am showing you this for the purpose to give you an .idea of what we are talking about in the larger scale but that is not completely accurate the way it is today. We have entered into an agreement with Chevron, it is the same Chevron operated by that operates the Chevron in Meridian by the freeway. It will be a similar type of operation. This is a 4,000 square foot building with your typical convenience items and food items as well as the car wash and pumps. We have on our plans and application met the conditions for the overall plat. As far as landscaping, drive ways, etc. We have read the entire staff report that we received from the City and we are in full agreement with the recommendations on the report and have no problems with any of them. I don't see any concerns. Crookston: Are you going_to have a drive in window? Durkin: The back left hand corner or what would be the northwest corner of the building there is, it is set up for a drive through facility to pick up milk and things at that back. There is not a restaurant in it, it is for picking up, there is a dairy case there and that is where the register is in the store. So we will have that. Crookston: A conditional use permit is required for the drive in window. Durkin: Is that a separate procedure than this? Crookston: Yes, that is what the Texaco out on Eagle Road that is what happened to them too. Durkin: So you go through the conditional use permit for the Chevron and then you come back and go through. Stiles: Counselor, I believe the only reason the Texaco had to go back through is because they never showed it on their initial conditional use permit application. I was under the understanding that this could cover the whole thing since they did show this as part of their design now. Crookston: That would be fine with me. • a Meridian Planning & Zoning Commission February 13, 1996 Page 52 Durkin: That would make sense. Crookston: (Inaudible) that did happen to the Texaco place I just wanted to reference that. Johnson: Well they hadn't shown (inaudible). Durkin: It is clearly shown in our application on this plan here and it is identifiable on the packets that you have. I guess it is really difficult to see on your packets but on the larger plans that we have submitted.. Johnson: Is there any change in the lighting that, from what Mr. Eddy has now by -the freeway? Can you address that, we were kind of surprised by what happened on Eagle Road and that is probably why I am asking that question. Durkin: Specifically the lighting here is consistent with the Fred Meyer development and frankly I am not real sure what exactly it is but I know it is consistent with the overall lighting plan for the development. Johnson: That was a major concern when the development was approved with Fred Meyer and so if that carries through I am sure that will be (inaudible). Durkin: It is part of our overall approval process for the whole of the project. Hepper: Would there also be a sign like the one out there on the freeway, the one that you can see from about 20 miles away. , Durkin: No, there is a small sign in the center of the project. It is a different type of operation I think in all fairness when you have a highway type of location versus a neighborhood type of location. Steve Eddy operates quite a few different ones if you have ever seen the one by the mall at Emerald and Milwaukee that is one of his. Broadway and Linden over in Southeast Boise, that is one of his stations. He is under construction now with another highway monstrosity by the airport but this would be more of a neighborhood style. Some of the concerns we had and if you want, I don't know if you want me to go into it, but we are leasing the ground to him and we had some concems on the some of the environmental things. We are convinced that they are meeting or exceeding all of the requirements. The ground water on the site automatically goes through a filtering system so that in the event that there would be a spill on the site it doesn't go into the drainage system it goes through a filtering system first. That is collected. The car wash is filtered many times a day, there is a holding tank that the water is recycled over and over and over again. When they do flush out that tank that goes go into the sewage system but it is completely filtered through a series of filtering systems first. It meets all of the criteria for • Meridian Planning & Zoning Commission February 13, 1996 Page 53 that. So we are happy with that. The landscaping that we are showing in the front on Fairview Avenue is identical of the overall front of the whole center so that will carry from, this is the last parcel on Fairview that we have and that.will carry all the way to the corner without any change. It actually goes a little deeper in some of the sections but on Fairview Avenue it is 35 feet deep and the berm will be the same height, the landscaping plan will be aggressive, nice landscape. Another thing I would like to point out and then this will be it for me, but Tom if you could just point out the lot line between lot 7 and 8. We have a cross easement and use agreement. Lot 8 is to the north, it is our last vacant parcel and we are trying to, we are not trying to, we have a cross easement use agreement that we will be recording on the parcel and these two properties will share access points and we plan on building another facility there that will be compatible with this. That is about it. Johnson: Thank you very much, any questions from the Commission that haven't been answered? MacCoy: I think I will go back to this lighting, I am familiar with the places you talked about, I am just curious to do with the non-glare type lighting, (inaudible) lighting so much in the past few years here (inaudible) they show up very well in your establishment but they don't create a road hazard and they don't create a problem with the neighbors. Durkin: Mr. Commissioner, to be frank with you I don't have the details on what they are proposing to do specifically. We did cover this at length in the Fred Meyer parcel and i would be happy to add a condition that the lighting be the same lighting program as the Fred Meyer parcel that is in our lease agreement with him. I don't have a doubt that is the case, but if it will give you more comfort and satisfaction tonight I would be more than happy to. We have a recorded development agreement with the City that is specittcally covered in, however if that would make you comfortable that will be the same type of light that is a non-glare light. We have a number of shopping centers in other areas and I am really aware of that, how sensitive that is. Each time we build a center we try to improve it more and more. We will be more than happy to have that as an additional condition. Johnson: Anyone else? Thank you Larry, anyone else that would like to address the Commission on this issue? We need you to leave those documents that you brought with you for us if you would. Is there anyone else? I will close the public hearing at this time. Shearer: Mr. Chairman, I move we have the City Attorney prepare findings of fact and conclusions of law for this project. MacCoy: Second Johnson: Moved and seconded that we have the City Attorney prepare findings of fact and ~ ~ Meridian Planning & Zoning Commission February 13, 1996 Page 54 conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Any further issues or discussion before we adjourn? Shearer: Mr. Chairman, I move we adjourn. Oslund: Second Johnson: We have a motion and a second to adjourn, all those in favor?Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 10:48 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: JIM JOHNSON, CHAIRMAN ATTEST: WILLIAM G. BERG, JR., CITY CLERK • Meridian City Council March 19, 1996 Page 68 Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley that new findings of fact and conclusions of law be prepared for the meeting on April 2, any further discussion? All those in favor say aye? Opposed? MOTION CARRIED: All Yea Corrie: We will have the new findings for you on the April 2. Lawrence: Do you want me to get you more information or send it to your office, I have had absolutely no contact or, I could have had these to you guys before. Morrow: I think anything you submit helps. (Inaudible) Tolsma: (Inaudible) does the State have any guidelines (inaudible) Lawrence: They do and they are a lot stricter for having children sleep over they are very strict as far as bedding, as far as the fire alarms, the fire extinguishers, as far as the children sanitary conditions. Tolsma: (Inaudible) Lawrence: Central District Health yes, and Central District Health can also come out at any time day or night and come into your day care and police you. Tolsma: (Inaudible) Corrie: If you would bring that information so we can incorporate that into the findings. ITEM #18: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHEVRON C-STORE, FUEL ISLANDS, CAR WASH, AND DRIVE THRU WINDOW BY AVEST: Durkin: I wanted to clarify two statements that I made that are included in the findings of fact of the public hearing and I wanted to point out a matter and an item in the findings of fact that conflicts with my understanding of the ordinance and what our application has included. First of all when I talked about this convenience store, this to refresh your memory is going on the east end of the Fred Meyer project at Fairview and Locust Grove this will be along Fairview. I said that it was going to be a typical convenience store of C Meridian City Council March 19, 1996 Page 69 4000 square feet which it is but my thinking was typical convenience stores in the travels and the other developments we are doing in other areas. But it really isn'f typical for the Boise area. It is a trend, there is a drive thru window on the back left hand corner of that building and the convenience store the Chevron station will have 3 different food items that they are offering in their store. They have no inside seating but they offer cinnamon rolls, submarine sandwiches and pizzas. This is a plan that was presented last time. There is a menu board identified here and these people. can look if they want to order sweet rolls or whatever they going to order. There is no signage along the back of the building they drive over to this drive thru window and pick up and leave. I think when I was reading the findings of fact my statements in there were not real clear and I wanted to clarify that point. The plan that was submitted with your earlier packets included a small area of seating in the front of the store and that was an error on the architects part from confusion with a different plan. There is no seating, the plan has been revised and resubmitted to the City with the seating gone so that was another clarification I wanted to make. Then in the conclusion section of the findings of fact item 7 which is on page 8 that a conditional use for a drive thru window must be applied for and obtained. It was my understanding that is what we were doing with this conditional use process. We are obligated in our development agreement and platting agreements and everything with the City to go for a conditional use permit for each building that we build. But in this application we are hoping to cover all of that. In the beginning of the findings of fact it tells what eve are trying to do that we are seeking a conditional use permit for a convenience store for the drive thru window. I was a little, I don't know if that was an error we did discuss that at the meeting but I didn't think it was going to be necessary for us to seek a conditional use for the drive thru after we, if we were successful in getting the conditional use for this. Corrie: I guess I have a question, the pizzas being made on the premises or are they frozen and you just have them delivered and are the sandwiches the same way? Durkin: I am not the operator of the center or convenience store so I am going to tell you what is being represented to me. This is a new concept for the Chevron's in this area although Chevron is doing this in other areas. They have a package that they buy from a food vendor and there is an oven and a mix program for the cinnamon rolls, they dump the mix in and throw it in the oven. They have the sub sandwiches are basically ready made and I am not aware of any cooking. They have I think three different convection ovens and then the pizzas, I have been told two different things. They have a machine which I have seen it is probably the size of this podium and the ingredients are mixed and it is cooked and the pizza comes out of the machine. Now, that is what they have used in a number of their stores with the mixing and oven in one. Now they are also considering going to a frozen pizza and getting away from that mixing. So it will be one of the iwo processes but I am not sure which one they are going to end up with here. There are plans that the file plans we have submitted are just ovens so there are no griddles of hood fans or anything • • Meridian City Council March 19, 1996 Page 70 like that. Corrie: Is there going to be a speaker system where you like McDonalds you tell them what you want and they come around and pick it up? (Inaudible) Morrow: My question would be what we have seen similar to this would be at the Maverik stores now where they have an in store bakery that bakes cinnamon rolls and then they also prepare sandwiches and other pastries (inaudible) pre made and it is simply a matter of putting it in the oven and baking it and then offering it for sale, is that the concept? Durkin: That is the concept Councilman but I want to distinguish that it is much more similar to what you just described that it is to the Jackson station that is out where this is actually a Taco Bell in the store, it is not that type of a store. I happen to be a real estate developer and I am also in the food business, I have nothing to do with this but I go to food conventions that is where I have gotten to see, I have seen the different units that they are having at a couple of conventions recently, in fact they are having one today in Seattle on this new food concept. It, the drive thru window I would just have to tell you from my experience and what I have see would be extremely limited. The bulk of their business is definitely going to be in store compared to that of McDonalds where about half their business is in the drive thru. They don't have the speed and convenience that it takes with this system a drive thru to do substantial amount of volume. But it, the convenience stores are changing and some of them are offering dry cleaning and some are offering different things. The food package like you are describing at Maverik is definitely the trend. This is the same operator, Steve Eddy is the Chevron operator who operates the Chevron in Meridian and operates them throughout the Treasure Valley. Corrie: Any further questions? Thank you, Counselor, that item 7 on page 8 would they have to do another conditional use permit for that drive up window as well? Crookston: I believe that why I put that in there is because I looked in their application and it doesn't state that there is a request for a conditional use for a drive thru window. Corrie: Did their application say that Shari (inaudible) Crookston: Under our ordinance it says that a drive through window requires a conditional use permit. That is why I put it in there. Morrow: Well it seems to me you are double conditional use permit. So do you have to apply for every potential conditional use permit that you might have at one site in one • Meridian City Council March 19, 1996 Page 71 project? Crookston: No I don't think you do, you apply per all the conditional use permits that you need. Stiles: Mayor and Council, although the cover sheet and the application page did not include that, the letter included with the application did provide for a drive thru window and also their site plan clearly depicts a drive thru. Corrie: Counselor any comment on that one? Crookston: Well it would be fine with me if you want to grant a conditional use for it. But it was not stated in the application. Durkin: I don't know if it is appropriate to turn this into Will this is the letter with, the cover letter of the application dated January 10. It says conditional use Crookston: I am not sure I ended up with that. Durkin: Conditional uses will (inaudible) drive thru window located along the north side and generally accessed from the southeast. Crookston: I have no problem with that. Corrie: You can strike that from number 7 on page 8. Morrow: Mr. Mayor, I would move that we accept the findings of fact and conclusions of law as prepared for P & Z striking item 7 on page 8 of the conclusions. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to approve of the findings of fact and conclusions of law as prepared by the- Planning and Zoning and striking item 7 that reads a conditional use for a drive through window must be applied for and obtained, any further discussion? Roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Entertain a motion for the decision or recommendation. Meridian City Council March 19, 1996 Page 72 Morrow: Mr. Mayor, the Meridian Planning and Zoning Commission recommend to the City County that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma on the decision and recommendation, all those in favor say aye? Opposed? MOTION CARRIED: All Yea Crookston: I would just reference for the Council's information that when the Texaco drive thru window on Eagle road that they had not applied for that and the Council told them they had to apply for that. They had made no reference whatsoever to the drive thru. That is different from this, but that is why that was in there because it was not in their application. ITEM #19: REQUEST FOR A ONE YEAR TIME EXTENSION OF RAVEN HILL SUBDIVISION FINAL PLAT: Corrie: Anybody here representing Raven Hill subdivision? It is just a request, Council are you ready to act on that one? Shari any comments that you want to make at this time? Stiles: Mr. Mayor and Council the date that final plat was approved was April 4, 1995. Corrie: Thank you, Council? Morrow: Mr. Mayor I would move that we grant the one year time extension from April 4, 1996 to Apri 14, 1997. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree the request for a one year time extension for Raven Hill Subdivision be extended from April 4, 1996 to April 4, 1997, any further discussion? All those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #20: REQUEST FOR A TIME EXTENSION ON THE LAKE AT CHERRY LANE N0. 4: