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HomeMy WebLinkAboutJanuary 3, 2008 P&Z MinutesMeridian Planning 8~ Zoning January 3, 2008 Page 7 of 59 the building where traffic enters the drive-thru. Please include signage on the revised site plan. And those are the two modifications to the staff report. End of motion. Siddoway: Second. Moe: It has been moved and seconded to approve CUP 07-020, with the modifications as noted. All those in favor say aye. Opposed same sign? That motion carries. MOTION CARRCED: FOUR AYES. ONE ABSENT. Item 5: Continued Public Hearing from December 20, 2007: RZ 07-019 Request for a Rezone of 0.602 of an acre from I-L to C-G zone for Rockin KB Saloon by Patrick McKeegan - 3163 E. Lanark: Item 6: Continued Public Hearing from December 20, 2007: CUP 07-019 Request for Conditional Use Permit approval of a drinking establishment in a proposed C-G zone for Rockin KB Saloon by Patrick McKeegan - 3163 E. Lanark: Moe: I'd like to open the continued Public Hearing for RZ 07-019 and CUP 07-019 for the Rockin KB Saloon and get the staff report. Wafters: Mr. Chairman, Members of the Commission, the application before you is a rezone and. Conditional Use Permit request for the Rockin KB Saloon. The property consists of 2.2 acres and is currently zoned I-L, light industrial. The second property is located at 3163 East Lanark Street on the southwest corner of North Eagle Road and Lanark Street. Note that the property boundary of the rezone and the Conditional Use Permit are different. The property for the GUP is only the southern portion of the property, as shown in this map here. The rezone request is for that entire property. The CUP covers the southern building and the portion of the building -- the adjacent building that is proposed as part of this application. The property is bordered on the north by vacant land., zoned C-G. To the east by Eagle Road and commercial property, RC Willey's, zoned C-G. To the south by vacant land, zoned 1-L. And to the west by industrial uses, zoned I-L. The property is currently developed as two existing structures. This aerial only depicts the structure to the north. A structure has been built on the southern property here since this aerial was taken. The applicant is requesting that this property be rezoned from I-L, light industrial, to the C-G, general retail and service commercial zoning district. The Comprehensive Plan future land use map designation for this property is industrial. The land use categories and locations depicted on the map are conceptual. For this reason the planning director has determined that the proposed C-G zoning district is generally consistent with the Comp Plan because of the property's proximity to Eagle Road and adjacent commercial uses and zoning to the north and east. Further, staff believes that commercial uses are more appropriate than industrial uses adjacent to transportation corridors, such as Eagle Meridian Planning & Zoning January 3, 2008 Page 8 of 59 Road, for esthetic reasons. For this reason an amendment to the future land use map is not requested, nor is it considered necessary by the planning director for the rezone request to the C-G zoning district. However, the Commission and Council should also determine if the applicant's request is appropriate and in the best interest of the city. The applicant is proposing to rezone the property for the operation of the 8,042 square foot drinking establishment. Drinking establishments are a prohibited use in the current 1-L zoning district. In the proposed C-G zoning district drinking establishments require conditional use approval. The applicant is requesting CUP approval for a drinking establishment concurrently with the rezone request. The applicant has submitted a site landscape plan for this site as shown on the overhead.. A 35 foot wide buffer is required adjacent to Eagle Road and a ten foot wide buffer is required adjacent to Lanark Street. Because the Idaho Transportation Department submitted a letter stating that they do not encourage landscaping within the right of way for maintenance reasons and because of the topography of the land adjacent to Eagle Road., staff is not requiring the applicant to install landscaping within the buffer adjacent to Eagle Road. However, the entire buffer width is still required for setback purposes. Additional parking lot and street buffer landscaping along Lanark Street is required to comply with current UDC standards. A sidewalk is also required to be installed along Lanark Street. Because this site is located adjacent to an entryway corridor, Eagle Road, the applicant is required to comply with the design review standards and apply for design review approval with the certificate of zoning compliance application for the new use of this site. Access to this site is provided from North Eagle Road via Lanark Street. No new access points or streets are proposed or approved with this application. Per the Unified Development Code, only 16 off-street parking spaces are required to be provided on this site. Sixty- nine spaces are provided, including shared parking with the adjacent site on which the office storage and restrooms associated with the saloon are located. The seating capacity for this use, as stated in the application, is 243. Staff is supportive of the proposed parking, as it meets UDC standards. However, is concerned that it will be adequate for the proposed use. A floor plan was submitted with this application that shows the main building that is proposed to house the bar, seating, mechanical bull riding area, dance floor and an area for special events, such as live music and other entertainment. That's in this portion right here. Secondary area, which is over here in the adjacent building, is proposed to house the restrooms, storage, and offices associated with the bar. The area between the two buildings is proposed to be partially covered with a canopy. An area in the front of the building is proposed to be separated from the parking lot by a stucco fence to provide outside seating during fair weather. That's out here. Elevations were submitted of the existing building on the site as shown. Letters of testimony have been received on this application from Brad Miller of Van Auker Properties, dated December 19th, 2007, and January 3rd., 2008. Today. Staff recommends approval of the subject application with the conditions stated in the Exhibit B, based on the findings in Exhibit B of the staff report. That's all staff has, unless the Commission has questions. Moe.: Any questions of staff? Meridian Planning & Zoning January 3, 2008 Page 9 of 59 O'Brien: Not at this time.. Siddoway: Not at this time. Moe: Would the applicant like to come forward., please. Please, state your name and address for the record. McKeegan: Thank you. My name is Patrick McKeegan. I'm the architect representing the owner and tenant in this matter before you and what I would like to do is -- Moe: Your address, please. McKeegan: Oh, 280 North Latch Street., Suite 100, Boise; Idaho. 83706. Moe: Thank you. McKeegan: Thank you. What I would like to do is pass out some exhibits. I will be addressing these in my presentation and also what I would like to do is recognize that we have ten minutes. The proposed client tenant is here and he'd like to take a portion. of my time to speak, so I will speak and, then, if you have any questions I'll answer those and I want to give him an opportunity to talk more about the business he's putting in, the business practices. I'm going to address the more nuts and bolts issues if that's appropriate. Moe: If we can do that in ten minutes, we are in great shape. McKeegan: Okay. I'm in good shape. I show -- here we go. Concerning the rezone, as indicated by staff, the property to the north is -- and north and east is already zoned commercial and compatible with this and the corridor -- the C-G zone is consistent with the rest of Eagle corridor and acts as transition to industrial and residential-type uses. The rental history of this property indicates that there is limited interest in it as an industrial property, but high interest as a retail commercial if a rezone is successful and that's what we have had. Mr. Sigmont -- in 2005 we came before the Commission under CZC 05-099 with the site plan you have before you and got permission to construct the building, which was constructed in 2005, 2006. Since that time the building has been vacant. We have been trying to find industrial users that would be interested in kind of a flex sort of a space, but haven't had any success. So, when we asked our leasing agent to start looking at retail type uses, we had a great interest in the -- Mr. Kelly came forward to put his proposed entertainment saloon in the -- in this building. Another thing is if we -- if the property is properly -- is rezoned to the C-G zone, it will reduce the future need for CU applications on this property if we do get uses that are compatible in the industrial zone, but still require conditional use. We are just trying to ease the burden on all of us to not have to spend a lot of time here every Meridian Planning ~ Zoning January 3, 2008 Page 10 of 59 evening. Regarding landscaping issues on the property, most of the area to the west of our landscape strip on the west side -- from the east side, excuse me, of our property is ITD right of way and is on a severe slope. The slope goes from about four feet above grade at Lanark to approximately 14 to 18 feet above -- above our grade at our southern property line and is a very -- and the slope varies from probably zero to, you know, 20 to 30 degrees. So, when we went through the original CZ in 19 -- or 2005, one of the considerations was the fact that it was sloped and be very difficult to landscape that 35 foot buffer. So, we agreed to put in an extensive ten to 12 foot buffer. But, then, an increase in landscaping in the remainder of the -- of the parking lot, which is what we have done. In the conditions of approval in front of you the city is requesting more landscaping and we have no problem with those conditions of -- conditions of approval. And as I mentioned, the site plan you have in front of you was -- was approved as part of that zoning application and the design review application at that time. As far as compatibility, the C-G zone allows drinking establishments as a conditional use. The first item in your exhibit is locations of other drinking establishments along Eagle Road within a one mile and a two mile distance from our property. You can see that there is four establishments within a mile, two of those are within a half mile of our property or less than a half mile from our property. As Mr. Kelly will indicate, the emphasis on his facility is not on the drinking, but on the entertainment. More than a third of the floor area of the building, if you look at the floor plans in the -- on the next page, more than a third of the area is dedicated for the dance floor, a mechanical bull riding area, an open event area, and other -- and other uses. The allowable seating we could put in here according to building and fire codes is 360. We are only providing -- I have a typo there. We are only providing 243 under our -- under our application. So, we are not trying to get as many people in there to drink as possible. Mr. Kelly is going to go into detail about his proposed use for it. And., like I said, the -- the zoning ordinance requires that the -- that compatibility with the general neighborhood in the area -- and I think we are showing that the general area does -- has -- does support drinking establishments and that's what we are going to be doing also. It's a good mixed use project for the area, because the hours of operation, from the 5:00 p.m. to 2:00 a.m., are generally different than the other businesses, which will reduce the parking and traffic and conflicts within the -- within the property. This will also -- it's not anymore intense than other anticipated allowed uses in the C-G zone. For example., restaurants, mercantile, fitness centers, health care facilities, and private education facilities would be allowed in the use in the zone and would have the same occupant load as -- as our use, but some of those, quite frankly, would be doing business during the day, which would increase the traffic on the street. The parking was approved as part of that original C-G. We put as many spaces as we could on the site. It way exceeds the city's ordinance and we think is going to be adequate for the use that we are proposing. Within the zoning ordinance there is a requirement -- an area where the Commission can take some leeway when reviewing parking and if they feel that the on-site parking may not be adequate, they are allowed to look -- look at a number of things, two of which are on-street parking that may be used for -- used by the facility and also other parking areas within a thousand square feet -- within a thousand feet of this site. In this case, in addition to the 69 spaces on Meridian Planning. & Zoning January 3, 2008 Page 11 of 59 site, if you go up the street on both sides of Lanark, excluding driveways and areas where you normally cannot park, if you go up a distance of about 260, 270 feet, there is an additional 29 off-street spaces available. If you go even out farther, then, you can get -- there is -- there is probably another 20 or 30 spaces. So, easily within the thousand foot area we could get enough parking to provide parking at a reasonable ratio of one car for every two seats in the restaurant, which I know it's not agood -- that other jurisdictions that I work in, that is the normal standard you see for restaurants and these types of establishments. As far as the street, our use will actually -- this proposed use will actually reduce traffic during the daytime on Lanark Street, because, as stated, the place doesn't open until 5:00 o'clock. So, in relationship to what could possibly go there, it's actually going to be reducing the conflicts on Lanark Street and that and as we stated in the application, most of the industrial uses close down. There may be a few where there are employees working later, they have a few people coming back late, but for the most part we are going to be active when the rest of the neighborhood is -- is slowed down. ACRD has said that there is no impact or increase because of our use and it appears like -- if you look at the last document, there was some comments in one of the letters of protest that that street is a dead end street, but if you look at the -- at the last exhibit in my -- in my -- that I handed out, it appears that the design from previous applications, that South Olson Street is going to be extended to Franklin Road. In fact, at this point it's used as an illegal -- alegal-illegal drive to Franklin Street across that property. I was out there this evening and while I was there I observed two trucks that actually went up that street and turned onto Franklin Road, so -- and, then, also it appears like Lanark Street is intended to connect with Lanark Street to the west, with a possible connection out to the -- out to Franklin Road at that point. So, at some point in time we can anticipate that as the properties around this develop, the dead end street, I'm sure the fire department will want that to be eliminated, so that -- and these connections made as part of the planning process. And, again, what, I'd like to do now is just stand if you have any questions or you can wait until after Mr. Kelly has spoke and give him a chance to speak. I would like to address one item. In specific condition item of approval -- item 1.2.12, which requires the ten foot multi-use pathway, what I would like to do is have some leeway in dealing with staff on that issue. Because of the slope of the site I don't know if we will be able to accommodate that in -- within there, but I'd like to be able to -- we talked with staff and they feel that we can sit down and come up with something that meets the -- the intent of that without having to do a lot of earth work and stuff along the -- along the road. At this point I'm going to give Mr. Kelly an opportunity to speak. Moe: That would be great. Don't go too far, because we may have questions after he's done. Kelly: Mr. Chairman, Members. Kevin Kelly, 5880 West Murpfiy Road., Kuna. 83634. I also have some extensive paperwork. I apologize for the -- in that there will be an outline of what I'd like to touch on and, then, also there is five letters there from businesses down Lanark that I talked to face to face. I thought it important to do so. Meridian Planning & Zoning January 3, 2008 Page.12 of 59 understand there is three of them that came through the website. One of them there is one that came through the website as well. As I said, I'm Kevin Kelly. My wife and I are owners of Rockin. KB Saloon, LLC. We have been in Idaho -- or I have been in Idaho since 1979,. so it's not like I'm running in trying to start a business and run out with my pocket full of money. This is -- this is something that we'd like to add to the community. We think that the Meridian area needs some entertainment. They got lots of restaurants and great theater and lots of things that they can do, but they don't have entertainment for the 21 to 45 year olds. So, we thought maybe we could add something to the community and try to do this in integrity and responsible manner, is what we are looking for. Our vision for the plan is not just a drinking establishment. Everyone adds that comment to it. I know we fall under that category, but we are more of an entertainment saloon. That's why we named it a saloon, not a bar. When you say a bar everyone gets that negative connotation in their head that we are slumped over the bar and it's dark and so on and so forth, so we have -- we tried to make it -- we are trying to go back to the original saloon and make it look as such inside, that -- and focus towards entertainment. Our entertainment is music, obviously, live music one night a week and a large dance floor and our concept is that we are trying to give the rodeo fans a taste of rodeo indoors under a safer environment. If you go to any of these rodeos in Idaho you will see all kinds of fans and many of them would like to get involved in that, but it's not safe and where they don't have the opportunity. We are trying to do that as a competitive fun manner indoors. They had mentioned the bull riding. As you can see on our floor plan, as Mr. McKeegan said., we are primarily entertainment. Yes, we are selling alcohol in there, we have got to pay the power bill, but -- so do restaurants, they sell alcohol for reasons and -- but our main goal is to provide entertainment. I know that -- like I say, everyone calls us a drinking establishment and I guess we are under the category, but we have a mechanical bull, a calf roping horse. We have a quick draw shoot. And we have barrel racing on the dance floor. So, it's -- we are shooting for a competitive thing. And there is nothing like this in Idaho that we know of. We heard of one out of estate that has something like this, but we are trying to be original and entertaining. Why Meridian? Well, Meridian is one of the fastest growing residential and commercial areas in the valley, obviously. It is a central hub and the anchor of the valley, really, and as I said early, the cities are growing towards Meridian and it's filling in everywhere and they have a lot of restaurants. They have a fine theater. Lots of shopping. A large hospital. They just don't have entertainment and that's what we are shooting for. One of the largest groups that we are gaining -- or targeting is the 21 to 45 year olds. There is a lot of them. I'm kind of in that category or a little bit above, I'm sorry to say, but -- Rohm.: Me, too. Kelly: And you might come to watch. But we are shooting for the 21 to 45 year olds -- and, sorry, is that my light? Moe: Yeah. Go ahead and just wrap up if you could, please. Meridian Planning & Zoning January 3, 2008 Page 13 of 59 Kelly: Okay. Pardon me? Moe: Just wrap it up. Kelly: Oh. Okay. I'm sorry. We -- I went around and talked to all the businesses in Lanark. I thought that was very important to talk face to face and not send it over the e- mail. I wanted to talk to them and find out the concerns. So, in the paperwork you saw there -- or you have there, we addressed some concerns, some -- a lot of them are just general public concerns, but we addressed quite a few of them and without beating it to death and you can review some of those, but one of them was drunk driving and that's the primary one. We, like everyone else in the community, are strongly against drunk driving and driving under the influence of alcohol and to fight that we are -- we are going to offer free refreshments and events to the designated drivers and also we are going to install a breathalyzer, which most facilities -- drinking establishments don't have, so that they can check their level of alcohol before they make that decision of -- of getting out on the road. It's an expense that we think is a valuable investment in something like this, because we are entertainment and we don't want people going out. As you will see right there, I noted what -- the type we are going to get and you can look it up and we are not kidding about it. Underage drinking. That's another thing that people are concerned about. It's a tough thing to combat. There is lots of underage people trying to slip in with false FDs. We are going to get the top of the line scanner. The scanner that we propose to get it will scan 49 state's licenses, magnetic strips and bar codes. There is only one that it won't and that's Georgia and we want to get them all. We are trying to do the best we can to go with the law here and keep people off the streets that are drunk and underage drinkers. There is a lot of concerns that are just general concerns. I guess security is one of them. The police -- Meridian Police Department patrol Eagle Road., because there is drinking establishments, restaurants, everything else right down the street. So, it's not an additional patrol for them, they just drive down the road., they can patrol it. Security will be elevated. We have our own security in abundance. We have interior and exterior cameras going to be installed that will interface with our point of sale systems, so they can be monitored by staff. We will have our security roving as well. Trash clean up was another concern I heard of. That's just a standard thing. We take pride in our business. That draws customers. It's a small concern, but we think it's important and we will do it. It's in our lease. Traffic. As Mr. McKeegan had addressed, and also parking were both issues and I think he dealt with them, so I won't beat that up. So, we just feel that the application for this saloon will be an addition to the entertainment value in Meridian and I hope that the negative connotation doesn't tack onto this, because we -- we truly think it would be an add to Meridian. Thank you. O'Brien.: Excuse me, Mr. Chairman. Moe: Yes, Mr. O'Brien, go ahead. Meridian Planning & Zoning January 3, 2008 Page 14 of 59 O'Brien: A question -- Kelly: Yes.. I'm sorry. O'Brien: Yes. Do you have any other establishments outside of the state like this? Kelly: No. There is not outside -- O'Brien: This is the very first time this has been tried? Kelly: Yes. Yes. O'Brien: Thank you. Moe: Okay. Any other questions of the applicant, either -- Siddoway: I do, but I can wait until after testimony. Moe: Mr. McKeegan, I do have one question for you when you discussed the additional parking, as far as in lots down the street and whatnot. Did I understand that correctly? McKeegan: We are not -- we haven't made any arrangements with -- with any of the property owners for -- you know, using their property at that. I was just referring to the on-site -- on-street parking -- Moe: Right. McKeegan: -- which is, you know, allowed, you know. We are not trying to break any laws or anything, but I was just pointing out that Ithink -- what I we are going to have is adequate, you know. We may have a little overflow onto the street, because this is not going to be the type of use -- it will be entertainment. It's not going to be the type of use where people are going to be coming singly in automobiles. We are hoping it's going to be something where groups of two, three or four are going to come in one car and have a designated driver and., then, you know, have -- have fun, you know. Moe: I just thought that -- you had made mention that there was an area that there was, you know, 25 parking spots available and -- McKeegan: Those were on -- Moe: Just off-site there? McKeegan: Within -- they are within 250 feet off street -- Meridian Planning & Zoning January 3, 2008 Page 15 of 59 Moe: Off street. McKeegan: Or on-street parking that is available. Moe: So, on street, not in such a lot. Okay. McKeegan: Not in a lot. But we -- if it does get to be a problem we are prepared to go to the adjacent property owners and see if we can work out a -- an arrangement. And could I make just one more little brief comment? I do want to point out that I think this is a good location for this type of use, because it is not next to a residential area. There are three houses up on Franklin Road. The nearest one is almost 400 feet away. The next one is like 700, the next one is 800 feet. So, there are very few places in the City of Meridian where you can -- where you can find a place that you're not going to be next to a residential area to be bothering them. Moe: Thank you very much. O'Brien: Mr. Chairman? Moe: Mr. O'Brien, go ahead. O'Brien: Yes. If I have got any concern it would be the location of the restrooms, especially regarding handicapped individuals having access to it. You say there is within the -- the building proper, but you have a corridor, basically, outside; right? With a tin roof or something like that? McKeegan: It's going to be covered, yes. O'Brien: And so I -- maybe you can explain exactly how that's all going to work, because of it being outside, from one building going to another one, it's kind of unusual to me. McKeegan: It's unusual, but within the Americans with Disabilities Act it does allow for your restrooms to be located in another building in a complex like this and they even actually allow you to go up to -- I can't remember what the distance is off, but it's pretty generous. If you think of like the Outlet Mall out at Gowen Road, I mean they have one set of -- they have two sets of restrooms at the extreme ends of that and if you're in the wrong place you have to go three or four or five hundred feet. O`Brien: Yeah. McKeegan: But the building, basically -- the restrooms are located in the -- in the white box in the existing building in the lower left-hand -- there is a pair of doors here. You go Meridian Planning & Zoning January 3, 2008 Page 16 of 59 outside, there is a covered area there, it's going to be covered, so during inclement weather we won't get rain and snow on it. And, then, inside of that is going to be the -- the offices for the business and the restrooms for men and women. And if I remember correctly, I think we have four or six stalls in each -- in each side for men and women, based on the uniform plumbing code use. O'Brien: So, that area is clear during inclement weather like blowing snow and things or -- McKeegan: Yes. It's -- the buildings are I think ten or 12 feet apart for whatever we needed for fire purposes and the area would be -- would be clear. If for some reason the snow or ice is blowing in there., Mr. Kelly would., obviously, want to keep that clear and keep it -- you know, clear -- O'Brien: Now, that would be my -- my greatest concern with that, because of that weather like we have been having, the snow and ice, and having to have wheelchairs try to traverse that area that's facing the outside and concerned about frozen ice on the ground and'.. things like that. That's why I question whether or not it should be inside of a building. McKeegan: Well, Ithink --Ithink it's relatively well protected and if it did become a problem, like I say, for instance, the prevailing winds were from the -- from the west and -- I mean we have the ability to come in and build something at the end of that also to -- like a -- to prevent that, you know, from happening.. The only reason the buildings aren't joined is because if the -- the building fire area, we had to maintain it as two separate buildings and also we wanted to keep the -- the property so it could be divided -- it is on -- these are two -- two lots on this property and we wanted to maintain that -- that ability, so -- O'Brien: Yeah. Ithink it compounds the problem with the fact that you're down inside of a -- basically a valley and the wind predominately comes from -- from the northwest or west area and through that corridor like that and it's trapped swirling around because of the -- of your embankments, I would think that would be more of a concern. That's -- I have a concern with that. McKeegan: Well, Ihave -- the building owner Mr. Sigmont is here and he can maybe address that during open testimony or right now. There is no grade changes between the two buildings. You basically come out of one at grade, the sidewalk's at grade, and you go into the next one at grade. So, there isn't any curbs or ramping or anything like that. We kept it relatively flat across here, because we anticipated at some point in time, if the building was going to be used as a -- as a warehouse, you would be -- you would be wheeling propane powered forklifts or dollies and stuff into the back part of the building and we didn't want to have a -- any kind of a slope. We have the drainage set up to where it does drain to the -- to the -- Meridian Planning 8 Zoning January 3, 2008 Page 17 of 59 O'Brien: My concern is that when you come up -- when the wind comes up over the surface and it hits like, basically, a horseshoe or an L shape, it swirls. I live up on a hill and it comes up the valley and swirls on top of my road and causes snow drifts, because of the elevation change and I fear that this has the same kind of issue with that in the back of the building and especially that little corridor, if it's not protected, you're going to have a problem with access to the restrooms, not just by -- you have got individuals -- people walking through that corridor on snow and ice. McKeegan: I think we could -- we can easily address that. If it gets to be a problem we could, you know, put in a temporary -- you know, something during that -- O'Brien: I just bring that up as a suggestion. You know, you're to code and everything, but (foresee apotential -- McKeegan: No. I understand your concern, Well.., I don't want anybody to get hurt either. I understand your concern and we can -- if it gets to be a problem we can address it. O'Brien: All right. Thank you very much. Moe: Any other questions of the applicant? Thank you very much. McKeegan: Thank you. Moe: As far as folks signed up, Mr. Kelly's already spoke, so we don't need to worry about him. Ted Sigmont signed up to speak. Okay. From the audience he says he had no more to add to this. Again, that's all that's been signed up. If there is someone that would like to speak, please, come up. Yes, sir. Van Auker: Commissioners, staff; my name Ron Van Auker and I have a business establishment at 3405 Arthur Street, directly across from this business. Lanark Street. I'm sorry. We are developers. We are pro development. One of the good things about Meridian it has a lot of good qualities and entertainment is a good idea. This has been applied for under something that would be attune to a neighborhood bar, which would not draw large groups of people. One of our objections here is we are all aware of Rudy's, we are all aware of -- excuse me -- can't even read my own writing, but some of the larger bars where they had neighborhood establishments that, then, become entertainment centers and spill out into the neighborhood. The road on Lanark Street where it meets Eagle Road, one of the busiest roads here in the state, has anywhere from two to four accidents a day between the railroad tracks and Eagle Road and it's all right at this intersection as they are coming up the hill. That street is an industrial street. It's 36 feet wide.. There are no sidewalks and there is no property available for additional parking, other than street parking. And if you go down there tonight or in the Meridian Planning .8~ Zoning January 3, 2008 Page 1'8 of 59 morning, I would submit to you that whether it's right or wrong, the establishments there have loaded their equipment, loaded their big pieces of HVAC onto trucks ready for shipment in the morning and so there is really no room down there. I can guarantee you that the road will not go through. ITD will not take -- or, excuse m, ACRD will not take Lanark through to Nola. We have tried to get that done, but the school has built buildings in the way, so that won't happen. There is a stub road that was required in the development process of the existing industrial park -- pardon me -- which comes up, but it dead ends there. In the future -- we also own the ground behind this and -- excuse me -- up to Franklin and the three houses. Some day that will become probably a multi- storied office building, which creates good tax revenues for the City of Meridian and we are in a position where when the time is right, that will probably go L-O or something of that neighborhood, because of it's locations on the four corners and the high value. I would submit to you that this is an entertainment center, which is going to attract a lot of people and it will create traffic congestion, will be in a position where it will create unsafe problems and., believe me, with -- having buildings next to the Marti Gras and a lot of these places, we know the problems with the Cow Girl Bar in Kuna, it's going to put us under a lot of pressure. I think it's not a good idea to do this. I think the intent is not right based on a neighborhood bar and with that my three minutes is up. Any questions? Moe: Are there any questions? Rohm: No, sir. Van Auker: By the way, I'm a loose-knit Presbyterian or a Methodist when I want to be and I'm not anti-drinking. Love to drink. Moe: Thank you. Is there anyone else that would like to testify? Would the applicant like to come back up? Any final words? McKeegan: The only thing Iwould -- I guess what I would like to state is that in regards to the traffic issues, I was down there this evening and there are no vehicles on the -- on the street. That doesn't mean it doesn't happen and in an industrial zone it certainly, you know, may. I think the advantage is that I don't dispute the action figures, because -- I can't -- I'm not a policeman. I don't know. But I think if you looked at when those happen, it's probably during peak hours during the day. It certainly probably doesn't happen at 10:00 o'clock at night, 11:00 o'clock at night, 12:00 o'clock at night or 1:0.0 o'clock at night when this bar is -- or this entertainment saloon is going to be -- is going to be in use. I think the traffic slows down in the evenings and it does give you a better opportunity. I will say that I -- for sometime -- for a little bit there was a karate studio in this building and I participated in that. It was there for about six months. And my class started at 6:30 and didn't really have any problem getting there and the class got over at 9:00 and Icould -- at 9:00 o'clock I could pull right out onto Eagle Road and go up to the freeway and get back to -- back to Boise. So, I think that during the daytime I avoid Meridian Planning & Zoning January 3, 2008 Page 49 of 59 Eagle Road like -- like everybody else does. I know how busy it is and the problems they have and that. But I think during the hours of business it's not going to be a -- it's not going to be a significant -- significant problem. Moe: Okay. McKeegan: Thank you. Moe: Any other questions? Siddoway: I do, Mr. Chairman. I'm confused about the landscape buffer. I thought during the earlier presentation that it was said that no landscaping would be added, but the full width would be required, but, then, I believe you said that -- McKeegan: Staff -- that's why I clarified that, because staff said that no landscaping -- she seemed to imply that no landscaping was within that buffer. We were not able to provide the whole 35 feet. The face of our parking is 35 feet from the property line. We have provided about ten or 12 feet of landscape into the 35 foot area, at which point it starts going up the -- you know, up the slope. It's flattened out at the bottom and that's where we put the landscaping. It didn't make sense for us to provide landscaping on a slope that you can't see when you're in your automobile, because it slopes off so much there, all you're looking down into is the parking area, so that's why we agreed to additional landscaping. We actually -- along the existing building -- the sidewalks used to be right next to the building, there was no landscaping against the building, there was no landscaping in the parking lot as part of the previous project. There is actually two projects. One was to beautify the existing building and we built the new building under both of those. We pulled the -- we pulled the sidewalks away from the building to provide landscaping against the building and we put in landscape planters in the parking area to do that. Under this -- under the conditions of approval here, the city's asking us to even put in -- to put in more landscaping, which we are willing to do -- to do that, but -- Siddoway: So, the landscaping that's along here is this existing landscaping? McKeegan: That's existing landscaping, but the stuff that was put in, quite frankly, is a little sparse and I think that's what the city is asking for is just to add more -- more material, so that we get the cover like is intended. Siddoway: And where will that additional landscaping go? McKeegan: I believe they are asking for it in all the planter areas. They are asking us just to provide more materials to -- to meet the intent of the -- of the landscape ordinance, which is to provide a -- a relatively full -- I don't know if it's two-thirds or three-quarters or whatever the percentage is to provide that coverage in there and that's Meridian Planning & Zoning January 3, 2008 Page 20 of 59 -- that's not a -- that's not a problem. It's fully sprinklered, the landscape and the stair is maintained.. We are just going to provide more to bring it into -- into compliance with the standards. I believe also we may have been caught in a situation where the standards have changed since 2005 where we are -- they are making us bring this up to a -- the higher level that's required now. Siddoway: You also mentioned condition 1.2.12 regarding the ten foot multi-use pathway. Where is that -- where is that expected to traverse across this property and where are your concerns about that slope? McKeegan: The concerns about the slope are putting a ten foot wide pathway in -- in that area is -- we would have to come in and do some extensive cut and fill -- Siddoway: In the area along Eagle Road or where -- where is the problem? McKeegan: Basically, the east edge of our landscaping is at the toe of the -- of where the slope takes up. Moe: There is a pointer right there on your -- Siddoway: On the chain.. McKeegan: Basically, this line right along the east side of our landscaping is where the toe of the slope is. At this point -- from this point here to this out here -- Siddoway: I think the battery is dead. Here. McKeegan: I'm smarter than that. Batteries are dying. Okay. Oh, good.. This point is approximately two to three feet above this point here. As you come up, this point right here is about 18 feet above this point right here. So, you have awarped -- a warped slope that goes -- that goes up here. In order to do a ten foot wide path here and do the fill, is going to be hard. What we'd like to do is work with -- you know, work with the city and see if they would like us to, you know, maybe take part of this landscaping and meander a path through that and once you get actually -- once you get passed this down into this area is where the -- there is a significant -- that's where the bench falls off. And so at that point it's going to be pretty interesting to provide that. We tried to find the standards on the pathway and if you look at the IT document -- ITD documents, there is just, basically, one little sketch that shows something that has people biking and walking on it. So, there are no real clear standards on what there is there. If required, I guess we will come in and do the -- do a ten foot wide piece in here, but, again, I think it's going to be -- the cost of that is going to be prohibitive and I don't know if in the future if that is going to be, you know, connecting down across Franklin Road to the -- to the existing Flying J and that -- or the Chevron stations and that. But all I'm asking for is some leeway to figure out a way to do it without -- because I know ITD will not allow us Meridian Planning & Zoning January 3, 2008 Page 21 of 59 to put it in their -- in their right of way, because they are preserving that for future -- future turn lanes and whatever they are going to do when they reconstruct the intersection down at Franklin Road. Wafters: Excuse me, Chairman Moe, Commissioners, Commissioner Siddoway, staffs condition was, actually, for the construction of a ten foot wide attached sidewalk to the curb along Eagle Road on top of -- at the top of the grade, not below. Just for clarification. McKeegan: Okay. Rohm: So, can you respond to that? McKeegan: If ITD is agreeable to that, I don't think that would be a problem. Right? guess Mr. Sigmont is saying yes. Siddoway: Okay. Moe: Takes care of that. Siddoway: Thank you. I have a couple follow-up questions, actually, for staff. Could you go to the rezone boundary? The rezone boundary shows that it follows the property line, but, typically, your rezone boundaries go to the center of the adjacent right of way. Will that be the case with this or are we going to leave a strip of industrial zoning surrounding this property? Wafters: Chairman Moe, Commissioners, Commissioner Siddoway, that actually goes to the center line of Lanark and the section line of Eagle Road. Siddoway: And just for the record I -- in reading through the letter from Brad Miller, he stated that with 243 seats, 121 spaces would be required, but the staff report says that based on the square footage, 16 are required. Is that the actual required amount of parking? Wafters: That's correct. One vehicle space per 500 square feet of gross floor area is required by the Unified Development Code. It no longer goes off the use, it goes off the square footage of the building and the district. Siddoway: And, then, I have some concerns about the -- the restroom being in a separate building, although it doesn't seem to be against code. But I was going to ask -- aren't they -- they are on separate lots; is that correct? The -- the saloon and the building where the restrooms are, are they on separate lots? Wafters: Yes, they are on separate lots, Commissioner Siddoway. Meridian Planning & Zoning January 3, 2008 Page 22 of 59 Siddoway: And is that okay to have a building that could be sold off in the future with no restroom facilities of its own? Watters: Commissioner Siddoway, it's probably not a great idea. McKeegan: Can I address that? Siddoway: Yeah. McKeegan: When this was first proposed we checked with the fire marshal, the building department, and legal counsel and there is a -- Mr. Kelly is -- has signed a lease with Mr. -- with the property owner and it's -- it's a two way -- it's a two way legal document. Mr. Kelly agrees to pay rent and be able to use those -- those restrooms on that -- in that other building, which is on another piece of property. Mr. Sigmont agrees to make those -- make those restrooms available on the -- to Mr. Kelly during the term of the lease. The leases follow the chain of sale of the property. If somebody was to buy that property to the north, they would agree and they would accept the existing lease and agree to the terms of the lease. They could not go in and say I now own the building, you can no longer use the restrooms. That's the legal -- the legal thing that we wanted to be sure of also.. Because I had the -- I had the same questions about, okay, what happens if -- if somebody decides to sell something? Well, it's like -- if you -- I recently became a building owner and I know that you -- you accept the leases that are in place. You may not like them, but you're stuck with them until -- until you either want to buy those leases out or you -- or those people leave and don't renew that lease. So, from a legal standpoint, they can't go and -- I mean it doesn't mean that -- and I don't know if you have -- if you bought a -- if you bought a piece of property with an existing lease and you're getting income off of it, why you would want to -- to cut that off. It wouldn't make good business sense. But that's -- that's the -- and as far as the fire department and the building code standpoint, there are no -- there are no problems there, because, again, under the -- under Chapter 11 of the building code., which refers to the ADA guidelines, you're allowed to have, you know, restrooms in separate facilities. And, again, I use most -- you know, you look at like the Outlet Mall or a lot of shopping centers and stuff like that, they have common restrooms that are not necessarily in contiguous buildings. O'Brien: I have one more, Mr. Chairman. Moe: Commissioner O'Brien. O'Brien: So, that leads me to another question. So because it's in a separate building., it's almost like it's a public restroom now. So, who else has access to that besides the saloon patrons? Meridian Planning & Zoning January 3, 2008 Page 23 of 59 McKeegan: Under the lease nobody but the saloon patrons, because -- O'Brien: How do you manage that? McKeegan: That's what Mr. Kelly -- I presume. Is that correct? O'Brien: Is that okay? Baird: Come on up. Moe: Yes. He's part of the applicant. Kelly: You're -- you're looking at it like you're going across the parking lot to go to the bathroom. If you look at the buildings, there is a ten foot walkway there. Our intention is is we want to use that as our smoking area. There is no smoking in the building.. So, we are making that a courtyard and as you`re talking on the snow issue, Mr. McKeegan mentioned we have that fenced on both ends, because if someone walks out with a drink in their hand to go to the restroom or go out and smoke, they legally have to be fenced in, they cannot go out in an open area. So, we intend to have both ends fenced. One end with a -- with a security switch, so that there is a light and a switch going out one end, the other is solid towards the opposite business. There is -- it's a ten foot walkway across the smoking area to another set of doors, which opens up right into the bathroom. It's not like they are going a long distance, it's not like they are out in the open. You could go down if you cared and look and you would understand what the flow is. The reason for that is -- is our entertainment takes up so much space, because we are entertainment, that we chose to put the bathroom across that -- the smoking area, so that we had the space for our entertainment activities. We talked about it. We talked about it. We got a lot of opinions on it and everyone thought, wow, that would work out great for us. It's not like anyone was opposed to going to the bathroom ten feet across a courtyard. O'Brien: So, you have -- to have access to those restrooms -- you have to go through your establishment? Kelly: Pardon me? O'Brien: To have access to the restrooms you have to go through your establishment. Kelly: Through the courtyard. O'Brien: Through the courtyard.. Kelly: The establishment is open, there is double doors going out to a courtyard. It's an open courtyard. They just walk right straight across to the door going into the restroom. Meridian Planning & Zoning January 3, 2008 Page 24 of 59 O'Brien: Okay. Moe.: Any other questions of the applicant? Rohm: I have none., sir. Moe: I have a question for counsel. The CUP, if, in fact, this property was to sell, what happens to the CUP? Would it carry over or would a separate CUP -- and you know -- and the drinking -- or the saloon is no longer in force, would it have to be a new CUP or could it be used as a saloon again? Baird: Mr. Chair, Members of the Commission, if you approve -- or recommend approval of this and it's ultimately approved by the City Council, the CUP would run with the land. You are approving this use subject to whatever conditions are put on it. That's not to say that you couldn't attach a condition that a new owner would require to come in for an additional CUP in the future, I think we have had those before in situations. So -- and while I have the floor on the subject of conditions, if there is still a concern about the bathrooms being on a separate lot, you can always attach a condition that those bathrooms continue to be available as a condition of operation or they provide adequate restrooms on the facility. Moe: Thank you very much. Baird: And if planning staff has anything to add as far as that question, I think you might want to get their input as well. No? I'm getting shakes. Oh, she's reaching for it. Canning.: Chairman Moe, I'm a little concerned now that -- I got a little confused on the discussion about the other building. I'm concerned that there is no bathroom facilities for the -- the Mattress Factory now, but -- that would be the concern. It sounded like these bathrooms are being used just by the saloon now -- or being offered only to the saloon. So, I'm wondering about what the -- how they are used.. McKeegan: The other -- Mr. Chairman, Mrs. Canning, the other -- the other businesses have their own restrooms. This is -- they -- when we -- those were permitted, we were required to put in. We have Sunshine -- the blind store has -- has his own restrooms and the Mattress Factory has theirs. These are not -- not taking anything away from -- from the approvals or the use that are already there, so -- Moe: Just a little follow-up question, then. Where the restrooms are and the office are, is there a corridor or hall or door that goes into the rest of that other building? McKeegan: No. No. Meridian Planning & Zoning January 3, 2008 Page 25 of 59 Moe: So, it's totally enclosed? McKeegan: Yes. Moe: And just with access through the corridor -- McKeegan: That's correct. Moe: To the area? McKeegan: And like Mr. Kelly said, there is a -- there is a -- my understanding is on the east end of that there is a gate there that in case you needed to get out -- in case of an emergency you need to get out of there, you're not going to have to run back into a -- into either one of those facilities to leave, there will be a gate there with a security feature on it, so he will know if anybody's trying to let people in or somebody's trying to leave by that, but you -- I just want to make sure that we are not trapping people in there either. And the fire marshal won't let us do that. Moe: Okay. Siddoway: Mr. Chairman? Moe: Yes. Siddoway: 'I, actually, think -- you may want to stay, but I want to address my question to staff. The last question I'm struggling with is related to the parking and the 69 available parking spaces are not all on the subject site of the CUP; is that right? The CUP itself is a much smaller area? Wafters: Chairman Rohm, Commissioners, Commissioner Siddoway, the Conditional Use Permit is for the property on that southern property and it also, you know, encompasses that portion of the restrooms and office is going to be in. So, to answer your question, the CUP is for a portion of -- well, it's for the whole site on the south and, then, a portion of the site on the north. Siddoway: So, we are unable to condition that this parking be available for the saloon use? Wafters: The applicant has stated to me that they have an agreement for shared parking with that. McKeegan: When the property was divided one of the -- one of the things that was put in place was cross-access, cross-egress and cross-parking agreements for the two -- the two pieces, because there was concern that -- we didn't know what the use was Meridian Planning & Zoning January 3, 2008 Page 26 of 59 going to be. We didn't know what -- what the -- at the time, actually, a majority of the existing building was vacant also, so we didn't know who was going to be coming in there and we didn't want to have any -- we didn't want the potential in the future for somebody to come in and say, well, I don't want you parking on my property and I'm going to put up a fence to prevent it, you know, type of -- so, we anticipated that that was the -- what was going to be required and that's part -- that was part of the -- when the deeds were recorded and everything. O'Brien: I have a quick question. So, when you talked with the local business owners did you get an idea of what time they close in the evening? McKeegan: Well, I can tell you that -- O'Brien: Do they go late at night or -- McKeegan: The Sunshine Blinds is -- I believe he closes right at 5:00. I don't think he's open in the evenings. The mattress place -- is the new one going to be open until -- until 5:00? They aren't going to be open until -- O'Brien: So, will they be using those parking places that are in front of -- McKeegan: Right. But the experience is if there is enough traffic to the mattress company that it becomes a problem, they are going to be going -- they are going to be ecstatic. Normally that -- the business that was there, Everton, at any given time if they had more than three or four cars in that parking lot it was a -- it was a busy day at anytime. It's just alarge -- large -- a lot of area with very few customers, which is I think why they went out of business. But the new business that's going in there -- again, they are going to be primarily a day business and, you know, they might -- you know, they might be open until maybe 6:00 or 7:00 o'clock, but most people they don't go shopping for a mattress at~ 9:00 or 10:00 o'clock at night. The other businesses down the street, they are industrial type uses. I was down there at 6:00 o'clock before this hearing and none of the businesses were open. The one across the street there was -- like I said, there was three pickups in the driveway, people were getting ready to leave, two of those drove up and went down Olson Street and up the dirt road to Franklin and the other one when I left he must have followed me out or something. The rest of the street, all the businesses appeared to be shut down, there wasn't any lights on. There was security lighting, but there wasn't any cars in the parking lot. There wasn't any -- fihere was one -- on down a lot farther there was one -- one trailer parked on the -- on the street. O'Brien: Okay. Thank you. Meridian Planning & Zoning January 3, 2008 Page 27 of 59 McKeegan: So, I'm anticipating that they will probably -- doesn't mean they won't work overtime and maybe work until 6:00 or 7:00, but for the most part I think most of the existing businesses there -- O'Brien: You don't anticipate an issue with parking -- McKeegan: No. I think -- I guess it's fair to say that if Mr. Kelly thought it was going to be an issue he probably wouldn't be trying to lease this property. Siddoway: Follow up, Mr. Chairman? Moe: Yes. Siddoway: The -- so, let's just assume for a moment that you have all 69 spaces available, you know, if you're -- if you're successful and you attract -- if you attract your full seating amount there would be 243. Do you roughly have one space for every four seats, if I'm --approximately? McKeegan: 3.2 to 3.3, something like that. Siddoway: Plus employees. So, if you do end up filling your establishment, you will require additional parking on street. That's -- is that safe to say? McKeegan: Right. And if you go to -- if you go to this point right here -- Siddoway: Uh-huh. McKeegan: -- there are -- on both sides of the street there are 26 legal parking spots. measured it and -- available on street and that -- and this is -- and this street goes down -- this is about half of the distance. The street goes down another -- the same amount of distance and, actually, as you get farther to the west, a lot of the property is vacant, so there is -- Siddoway: Is that 26 per side or 26 per total? McKeegan: Twenty-six total. Siddoway: And there is no sidewalks? McKeegan: We have sidewalks on our property. Siddoway: But, yeah, not along Lanark. Meridian Planning & Zoning January 3, 2008 Page 28 of 59 McKeegan: Not along Lanark, no. None of the other -- those uses were probably constructed in the county and predated the requirements for sidewalks. I would assume that if they were ever to redevelop or change, that that would be a requirement for them. But we -- during the last project we put in the five foot sidewalks from our west property line to the Eagle Road property line. Siddoway: That's all I have. Thanks. Moe: Okay. Thank you. McKeegan: Okay. Thank you. Moe: Anything else? A lot of discussion there. Well, can we get a motion to close the Public Hearing and, then, we will discuss a little bit more. Rohm: Mr. Chairman., I'd like to move that we close the Public Hearing on RZ 07-019 and CUP 07-019. O'Brien: Second. Moe: It has been moved and seconded to close the Public Hearing on RZ 07-019 and CUP 07-019. All those in favor say aye. Opposed same sign? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: Mr. Rohm, do you have an opinion of this application? Rohm: I do, sir. I think it's a very well thought out application and I think they have done their homework and I think this would be a great addition to the City of Meridian and I hope that we get concurrence from the balance of the Commission. End of comments. Moe: Mr. O'Brien, do you have any comments? O'Brien: I used to like to dance until I couldn't anymore. Yeah, I agree with Commissioner Rohm, but I still have lingering concerns about location of the restroom, the funnel tunnel underneath that metal roof, if that's what it's going to be. I'm concerned about that opening shouldn't maybe be enclosed somehow, at least on the west end, because that's where predominately where the wind blows. Don't know if you should include that in the motion, but I certainly highly recommend something there. I'm concerned with the traffic. I'm concerned with no sidewalks on the on-street parking.. don't know if it's -- especially if it's successful -- and I think it will be, because it's certainly a novel idea to have that much entertainment in one area outside of Texas, I think it's going to be very busy. I don't know. I'm kind of mixed with that. So, I haven't Meridian Planning 8~ Zoning January 3, 2008 Page 29 of 59 completely made up my mind, but I'd like to hear from the balance of the Commissioners and see what they have to say and add anything to it. That's all I have. Thank you. Moe: Thank you. Mr. Siddoway. Siddoway: Mr. Chairman, I'm fine with the bump of the commercial use. I think that that fits the area. The restrooms, if we did what Mr. Baird suggested and just place a condition that the restrooms be available as a condition of the CUP, then, I'm okay with that. I would not make a change to the 1.2.12 and just leave it as a requirement regarding the ten foot attached sidewalk. And my -- I don't think I personally need to address the wind tunnel itself, but my biggest concern right now is the parking. I do believe that it's going to overuse the available parking. That said, given that the code requires 16 and they have much more than that, my gut is to require the cross-parking agreement to be a condition of approval and lean toward approval with that in place. Moe: Okay. That would be -- basically leave me with my comments. My main two concerns I have are -- basically, they have already been discussed already tonight and that is the parking situation and my biggest concern is -- is that the on-street parking, I'm anticipating this would be a very successful venture. So, therefore, I think what's going to happen is your on-street parking is going to, then, start feathering into some of the open parking lots that are along Lanark as well. And at that point, then, code enforcement is going to start getting phone calls and we have problems there. But at the same time, this does meet the UDC requirements, so, therefore, although I don't like it, I don't know if there is much I can do about it, because it does meet UDC. The other concern I have is -- again is the traffic itself. I understand that this is entertainment, but there is alcohol and, yes, there will be drinking. I, too, like to drink a little bit on occasion, so it's -- my problem is that I would hate to see too many people starting to turn left out of Lanark onto Eagle, because it is already a problem out there and I don't know what we can do about it, but when you have a stop sign at Lanark and Eagle Road and you're going to have people that have been in a drinking establishment, I'm concerned about that. But having said that, again, the restroom situation, that's just a little different scenario than I have seen before. I'm not too worried about the tunnel situation that Mr. O'Brien is concerned with. Basically, the applicant's already basically stated they will be putting, you know, fencing on both sides of that, plus, there will be a canopy cover over that, so I think that's going to lessen the effect of that quite a bit in regard to that. So, I am -- I guess I would ask the question of the Commission, whoever would make a motion and whatnot this evening, that are we comfortable with the fact and if, in fact, this facility was to close, would we not want to see a separate application for another CUP to do something with this property, as opposed to just carrying it through for another establishment like this, with a different owner, so -- Canning: Chairman Moe, may I make a comment regarding the required parking spaces? Meridian Planning & Zoning January 3, 2008 Page 30 of 59 Moe: Yes. Canning: Since both Commissioner Moe and Siddoway mentioned the required parking spaces, I wanted to talk about that just a little bit. We know that those numbers are low. We intended them to be low, because we didn't want to have to mandate that for -- for the folks, because there needs to be some leniency. But there is a specific provision in there that says if there is not enough, that we as a city -- it gives the director the authority to do something. In this case, because it's a Conditional Use Permit it certainly gives you that authority. You should not be influenced by the fact that only 16 are required. If you feel it's underparked, that's a condition that can you follow up on or a concern that you feel you can follow up on, you shouldn't feel that you're hampered just because the required number is 16. Just wanted to make that clear. Moe: Thank you very much. That was the end of my comments. Mr. Rohm. Rohm: Mr. Chairman, I concur with everyone that's spoken on the parking issue, but the fact of the matter is is the -- the applicant -- it's in their own best interest to -- as their business grows and they more than fill the available spaces, that I'm sure that they will address issue themselves and there are businesses adjacent to that strip that have parking lots that are utilized from 8:00 until 5:00 and not into the evening and maybe at such time that their business grows to that level, they will just get some additional parking cross-access agreements on their own. But I don't think that the number of spaces that are currently available along that strip is insufficient to move forward with this application. I think there is plenty of spaces to move forward with the application just as it is. Moe: Any other comments? Siddoway: No further comments. Moe: Well, then, I would like to get a motion. Siddoway: Condition the restroom and the cross-parking agreement. Rohm: I -- do you want to do it or do you want me to do it? Siddoway: Mr. Chairman, after considering all staff, applicant, and public testimony, move to recommend approval of file numbers RZ 07-019 and CUP 07-019, as presented in the staff report for the hearing date of December 20 -- actually, January 3rd., 2007 -- Moe: That would be -- Meridian Planning & Zoning January 3, 2008 Page 31 of 59 Siddoway: Or 2008. Thank you, With the following additions: That the restroom facilities remain available as a condition of the CUP and that the cross-parking agreement -- a copy of the cross-parking agreement be provided prior to occupancy and remain in force as a condition of the CUP and that cross-parking agreement is for the 69 parking spaces. End of motion. Rohm: Second.. Moe.: Okay. It has been moved and seconded -- Watters: Excuse me, Commissioner -- Moe: Yes.. Watters: Chairman Moe, Commissioners, can we change that last motion, Commissioner Siddoway, to say prior to certificate of zoning compliance application., submittal of CZC application, rather than occupancy? Siddoway: Yes. Thank you. Watters: It's a little easier to enforce. Thank you. Siddoway: I was trying to decide whether a CZC would be required in my mind and I wasn't sure and so I -- yes, I would be happy to amend my motion to make a -- the cross-parking agreement be submitted with the CZC application. End of motion. O'Brien: Second. Moe: Okay. Second.. Okay. It has been moved and seconded to approve RZ 07-019 and CUP 07-019, with the modifications as noted. AU those in favor say aye. Opposed same sign? Aye. Motion carried.,. MOTION CARRIED: THREE AYES. ONE NAY. ONE ABSENT. Moe:. We are going to take a ten minute break. We will be back at 20 until. (Recess. ) Item 7: Public Hearing.: CUP 07-021 Request for a Conditional Use Permit to expand the storage unit facility located at 355 North Ten Mile Road for Stor-It Addition by Avest Limited Partnership - 355 North Ten Mile Road: