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HomeMy WebLinkAboutMinutesMefidian Planning ~d Zoning Meeting July ~; 2001 Pegz 67 Borup: Any questions from the Commission? So, have we decided what we're -- The staff report said that it would be under Conditional Use Permit. I guess the condition that we would be adding is that prior to any use on the property that connection would need to be made to city water and sewer. Smith: Okay. Borup: Thank you. Do we have anyone else here to testify on this application? Seeing none, Commissioners? Nary: Mr. Chairman. Borup: Commissioner Nary. Nary: I move we close the Public Hearing. Shreeve: Second. Borup: Motion is second to close the public hearing. All in favor'? MOTION CARRIED: THREE AYES, ONE ABSENT Nary: Mr. Chairman. Borup: Commissioner Nary. Nary: I would recommend that we recommend approval to the City Council of AZ 01-010. The request for annexation and zoning of .99 acres from an R-1 to a C-G zone #or the Podiatry building by Smith Brighton LLC 1065 East Fairview Avenue to include all staff comments of the report prepared July 2, 2001 with just one additional condition that upon use of this property that the applicant shall hook up to essential city services including sewer and water. Shreeve: Second. Borup: Motion is second. All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Item 10. Pubtic Bearing: CUP 01-020 Request for a Conditional Use Permit to develop a 2, 500 square-foot sales building for a recreational vehicle sales lot in an I-L zone for Bodiiy RV by Gary Bodily - northe~lst corner of fast Overland Road and South Under Road: i Msrtdian Planning and Zoning Nesting July 5, 2001 Page 68 Borup: Item No. 10 is a Public Hearing. CUP 01-020, a request for Canditional Use Permit to develop a 2500 square foot sales building for a recreational vehicle sales lot, 1-L zone for Bodily RV by Gary Bodily, northwest corner of Overland, close to Linder. I would like to open this public hearing and start with the staff report. This isrn an l-L zone? McKinnon: Mr. Chairman, Commissioners. Bodily RV as you said has applied far a Conditional Use Permit for the full 15.95 acres. However at this time they are not requesting the use of alt the acres. They are requesting just to use the area that's north adjacent to the I-84 corridor. The recreational vehicle safes lot is 2500 square feet. In the future they would lik® to be able to use that addi#ional property for more buildings for service and for the representation of their vehicles for sale. Adjacent most directly to the I-84 corridor, they would prefer to place some storage of their RVs and have that to be their storage lot. Then back from the storage and sales lot, they would have the office. Currently the property does not have water or sewer service available on the site. The water line the most close to that would be from the Treasure Valley Tech Center which is just right there on Overland about 800 feet to the east of the property. The sewer service would be through the Black Cat Trunk. It would come down, catch up with 1-84 then run directly east south. That would not be available for some time. They have proposed to put in at this time for sewer service and wastewater service a septic system, a new septic system on site. Currently on site there is one domestic well that they would be using for the irrigation and possibly to utilize for fire suppression. There are a couple different options that they have available for fire suppression for water on site. I've had some discussions with Brad Watson and Bruce Freck{eton this morning concerning the availability of taking the water main down Overland and whether or not there would be the available water volume. Until we know what's going on with pump No. 22 which is not on line yet, which isn't scheduled to go on line until this fall, we don't know what the volume will be for that, the amount of water that would be able #o go through that water main. So, there's a couple different option and I'll leave it up to the applicant to tell you different options for bringing water for fire suppression there. Some options include tanks and a storage pond for that water. As I stated earlier, the entire property is not being developed at this time. Staff feels that the piece of property should not be utilized the other areas of the property should not be utilized for vehicle storage or vehicle parking. It should be barricaded off. As it currently exists Linder Road extends from Overland north bound until 184. It's a gravel improved road and there should be some manner of blocking that road so that vehicles are not being stored or utilized back in that lacatidn. I'll let Bruce address the sewer service and the water service a little bit more from what I've already done. Landscaping shall be submitted as drawn on the site plan. Interesting to note is that in the future Linder will be going over I-84. There will be a widening of Linder towards the north side of the property. So, they've made arrangements to do that. The gravel parking lots that have been proposed far the storage and sales lot, staff believes that they should be required to have those asphalted or otherwise hard surfaced improved other than gravel. AAeridian Planning and Zoning Meetin~ July 5, 2001 Page 69 Meridian City code requires that those areas used for parking or circulation should be hard surtaced with asphalt. With that I would turn it back over to the Commission for any comments. Borup: Any questions from the Commission? Did Mr. Freckleton have any other comments on sewer and water? I think that was mentioned. Freckleton: I think we could - I could stand for questions after the applicant presents his project. Borup: Would the applicant representative like to come forward? Powell: Chairman Borup, members of the Commission. My name is Ana Powell. 1 work for B&A Engineers. We're representing Gary Bodily. Our office is at 5505 West Franklin in Boise. I just wanted to thank Dave for the presentation. I think he tried to emphasize that we do have some options available. I wanted to go over a little bit more about he actual site layout. Hey, there it -- that one cool It was a former gravel pit. tf you've driven out there, you'll see there's extensive scarring. You can see it on the aerial as well, all those white areas where the scarred areas. I do want to emphasize that Mr. Bodily will be basically reclaiming the area and getting rid of the scarred areas and planting everything with vegetation and keeping that maintained. Another positive aspect is that he will be taking the property out of weed production which its currently in significantly. He will be providing significant amounts of right-of-way fio Ada County Highway District, not only on Overland but as you see that dashed line to the top there which is the west. There's a lot of land there going for the Linder Road extension. Those are the three main positive ones about the site development. Its pretty simple layout. Just a driveway going into the property, a RV storage and display area, which we don't have any problem making that asphalt instead of, portions of them were noted as gravel. But, that's not a problem. We have tried to landscape it to provide some relief to just seeing the RVs there. Then there's a small sales office and then landscaping around the office. You'il notice the kind of irregular shaped area to the south, there we go. No, go up a little bit. That's a drainage swell area. We could tum that into a fire suppression pond if that's the way that the fire department wants to go. The way we see it right now is we've got 3 main options or any combination thereof. To provide tanks or a pond with a pump and then also perhaps sprinkle the building or use some sort of suppressant within the building to meet that need. We do, in general, we agree with staffs analysis and the staff report didn't have any problem with it except of course the recommendation for denial based on the non-availability of City services. We recognize that there are some constraints to that right now. it is already annexed to the City so it is a City property. We're not asking for annexation. We are happy to connect to those services when they become reasonably available. They're quite a way off. Regarding sewer, we'd be happy to put in a dry line. We'll get the easements that the city is asking for on the northern end of the property and then we'll send a dry line that way to connect Meridian Planning and Zor+ing Meeting July 5, 2001 Page 70 r when that main goes through there. Regarding water, we're happy to extend the water main on the south side of the properly and we will hook up to that for the office. We are hooking up to it, it just doesn't have sufficient flow for the fire suppression at this time. That's what we need to supplement. We think that there's ways that we can work with staff to meet those problems. The way that the conditions of approval are currently worded gives enough leeway that we can make those arrangements with staff. We don't have any problem with them. There were just a couple conditions of approval I wanted to go over, Quite literally just two. One was Item No, 2 which asks for within one year of the start of construction of the Linder Road extension to install the landscape buffer. We would ask that it be held off a little bit so that its after the extension is completed just because the way construction happens, that landscape buffer is likely to be lost when the construction is going on. We'd be happy to submit the landscape plan and get that approved at this time and then just hold off on the construction until that extension is finished. Borup: So, you're proposing to say that completion of the Linder Road extension? Powell: Right. Borup: Any type of time frame on that? Powell: Six months to a year would be fine or upon completion. Give us a little time to get the plan in. Sometimes you cant put the landscape in, depending on what time of year they're done. Just give us - Borup: That was the only thing I can think of that would effect it that would be weather. Powell: I'm sure Steve knows plants much better than I do. So, I'm sure he can suggest something. All we ask is that it's after the completion of the extension. The other one would be item No. 15. Really, we don't have a problem with it. Just on the last sentence there it says please provide the public works department with information on the anticipated fire flow and domestic water requirements for the proposed site. We don't have any problem with that. We weren't able to do it before this hearing. We got it on Tuesday. Our Engineer is on vacation so we don't hav® those right away but we are happy to work with them on that. Those were the only issues I had. I would stand for questions or I could go over the site design more if that what you would like. Borup: (Inaudible] see what the Commissioners feel. Any questions from any Commissioners? In my mind it looks like probably the main concern would be the fire suppression. Powell: It does appear that way. Meridian Planning and Zoning Meetin~ July 5, 2001 Page 72 Powell: Storage tanks. Borup: Okay. Powell: They would basically serve the same purpose. Chairman Borup, if I may, it sounds like the issue regarding water in this area. There's a huge incentive to get it resolved by Bear Creek and I would imagine that by the time the site development, the grading and everything is done on this, there very well may be another well in place that will provide that capacity. Borup: That was my understanding, yes, well 22 which would service this area. The test well has been dug and drilled and the other one is coming shortly. Freckleton: Mr. Chairman. Borup: At this point they don't know what the capacity of that well is going to be. Freckleton: At this time we anticipate that that well will be operational this fall. As afar as the volumes go you know until we get her drilled and test pumps, we have some ideas and goals that we're shooting for but until we flip switch its just kind of an unknown. Borup: If that well did not have the flow then I'm assuming you would need another well for another development in this whole service then? If you can't handle this, it wouldn't handle any other size of a project then. So, another well would be necessary. Freckleton: I don't anticipate that it's going to be a problem once the well is operational. I just hate to commit too much without that assurance. Borup: Okay. Freckleton: Our nearest well is a mile and a half a to two miles away from this site. That's a long way to be pumping water. Borup: Does the applicant have any type of time frame in mind on what they're looking at developing this? Powell: Well, he has lost his lease in Meridian so he has moved his vehicles to Nampa at this time. We still have to go through doing (inaudible). Borup: They (inaudible) or planning on it? Freckleton: Their storage lot. Meridian Planning and Zoning INle~in~ July 5, 2001 Page 73 Powell: Their storage lot, they've moved. This would serve both their sales and their storage lot. They've moved their storage lot. Borup: But their sales lot is still there? Powell: It will take us some time to get the site grading and drainage studies done and actually the improvements to the site. It could coincide with their new well or close to it. Again, that's just left us an gption. I mean we know we need to get public works apprgval of this project before we can get permission to place the structure and sell the units. We feel comfortable with that if staff does and if you do. Borup: You would feel comfortable with the requirement that well 22 would need to be on line with adequate water flowing you mean? Powell: Or that we have some other approved means of fire suppression. As approved by staff and Meridian fire department. Borup: Any questions from the Commission? Okay Commissioner Norton. Norton: I have one question. I think you kind of answered it because Bodily RV has a whole lot of RVs. I'm thinking are you, is Bodily RV doing another lot with all these RVs? Powell: My understanding is that he would relocate to this fagility completely. Norton: Totally? Borup: So, the ones from Meridian or Nampa? Powell: From Meridian and then he would bring his units back from Nampa. Norton: These would be new units that he would be selling or new and used units? (Inaudible discussion amongst Commission members) Powell: Maybe at this time it would be helpful if Chad came up. Borup: Any other questions for Mrs. Powell while she's Mere? Okay why don't you come on up? Jones: Chad Jones. I'm from B&A Engineers, 5505 West Franklin Road in Boise. In response to that, apparently now Gary is selling and some used as part of this business. I'm not quite sure exactly to what extent, but he does have both. Now, at this point he has los# his lease on his storage lot behind his Meridian Planning and Zoning Meeting July 5, 2001 Page 74 existing Sales. He's moved his new and used RVs to his lot in Nampa until this facility has been constructed tot the point where he can store them on it. From what I understand. Borup: That's just a gravel area there, is the storage lot? (Inaudible) to the south? Jones: The area to the, I guess it would be, -- Borup: The paved area is still packed with - Jones: Yes the area tq the west and south is the area I'm talking about. You'll notice its empty now. He used to have that whole thing packed with RVs.. I don't know what transpired to make that move happen but I understand it wasn't friendly. Norton: Regardless, so he'll still have the sales part on Meridian and this is just for storage? No, everything will be moved? Janes: Right correct. Norton: Okay will there be any repair of RVs? Jones: In the future we have future facilities noted on the map for sales, display and repair. Additional structures that will happen in the future. At what time, we don't know. Norton: So, the repair would have to wait until we definitely got fire suppression? Jones: Oh, most definitely. Norton: Okay thank you. Jones: That would not be a part of this application, those facilities. They would have to get their own conditional use. Norton: Thank you. Borup: Any other questions? Do we have anyone else who would like to testify on this application? If so, come forward. Johnson: My name is Denny Johnson 1335 West Overland, My property and residence roughly 100 yards to the east and across the road south of this property. There are basically two points of concern that history doesn't repeat itself on this properly. We were here approximately 5 to 6 years ago when the last previous owner applied for a Conditional Use Permit. Over a period of Meridian Planning and Zoning N~eting July 5, 2001 Page 75 several years we were left with the property totally being trashed. The neighborhood, I mean the site that was left is an eyesore to the neighborhood and to all those that traveled up and down Overland Road there. There was absolutely no follow up from the commission or control. Borup: Did you submit any written complaints? Johnson: No sir. Borup: Okay. I'm not sure how this is pertinent but I'm don't know how the City would follow up if there was no complaints to follow up on. Proceed. Johnson: Okay. I would just like to request that in the process of this Conditional. Use Permit that the landscape along Overland Road be considered. That a site obscuring landscape plan be submitted. Borup: Steve could you get that on the screen? Johnson: For those of you who haven't visited this site. 10 years ago or prior to the last occupant it was a horse pasture. The last occupant came in and had a mining operation there, an open pit gravel situation that as I believe according to the last commission they were not aware that that was going to happen. That happened. They shut him down but he left a tremendous scar on that property. As a result of that, the land values across the street were devastated. I mean there's been a property there for sale for a number of years. It hasn't sold. There's another properly there that has been for sale for a number of months now that has not sold. 1 guess my concern is that that this consideration this landscape and beautification along Overland Road be considered by the commission. Borup: Mr. Johnson, this is what they're proposing here along, all this landscaping area is on Overland Road. Johnson: Okay there is a berm there that has just a bunch of river rock dumped on it. Borup: No, I don't mean now. This is what they're proposing to put in. My question is what do you feel about the plan that they're proposing? Do you have any concerns with -- they're showing landscaping along here, along here. Then they have also stated though its not on the plan that they would be landscaping here along Linder Road at the time that that went in. Johnson: I certainly like what I'm hearing about the repairing and effort that they're going to do with the gravel pit and the landscaping. I was concerned that there is going to be a setback and landscaping along Overland Road. I assumed that that was going to be along Linder Road. Meridian Planning and Zoning AAec~ing July 5, 2001 Page 76 Borup: No, this is Overland here. Johnson: All right. Borup: This is Linder Road. Am I looking at this correct? Yes this is Linder along here. This is Overland Road. So, you're property is down across the s#reet over in this area? Johnson: Correct. Borup: This is part of their plan. They've stated that they would be putting that in even thought this other would be (inaudible). Johnson: Is there any elevation to this landscape here? Is it built up? Borup: Whether there's going to be a berm along there? You can both even come up here at the same a little bit. We don't want to dwell on this a long time. Jones: The relevant elevation of that berm - Borup: Just say your name again, just real quick. Jones: Chad Jones of B&A Engineers. Just to kind of respond to the height of that berm. We're looking at right now that berm is approximately 10 feet in height. I'm guessing 8 to 10 feet. It's going to be relatively the same. The difference is it's going to be sawed, grass and trees rather than rock and weeds. The trash that's imbedded and sticking out, I've been out there a number of times. I know what you're talking about. That's in there now is actually going to be moved. The berm as it stands is actually going to move approximately 20 feet to the north to get it outside of the additional right-of-way that's going to be happening along Overland Road. Johnson: Okay. Borup: Does that answer your question? Johnson: It certainly did. I have another question, two questions. The stream that runs through there have been dry for the last few years but since we've been there, we've seen that to be a live stream. In good water years that could very well be a live stream there. 1 would like to hear from the developers of this property what they plan for that as well as they we're going to take this out. They proposed to take this out of weed production, could they expand on that just a little bit? Any questions? Borup: Okay thank you. Mr. Jones, two part question there. I'm not sure if - Meridian Planning and Zoning Meeting. July 5, 2001 Page 77 Jones: Part one, on the Hardin Drain. We are proposing to keep that Hardin Drain open. I have been in specific discussion with the Nampa Meridian Irrigation District over the whole 6 to 8 months time as this project has developed from one extreme to the other so to speak. It would be their wish to keep it open as would ours. Borup: The Hardin Drain is this it through this area? Jones: ft would be - Borup: Right here? Jones: Yes. Borup: Okay. So that would be in the undeveloped portion anyway at this time? Jones: Correct. As far as getting it out of weed production. I don't know that much about grasses. I have met with the licensed architect here in town. He's given me several options on different types of grasses .that would be most appropriate. One of those would be more of a zero landscape. It's an excuse me if I'm not saying this correctly. It's a drought resistant type of grass. It's not a cheek grass. It doesn't require a lot of water but still maintains its green appearance. I don't know the species name or type. Borup: I don't either but I see what you're talking about. Jones: Right that's what we're proposing. That or some sort of a buffalo type of grass that keeps the erosion and the weed control in check. Borup: Okay thank you. Any other questions from the Commission. Thank you. Do we have anyone else who would like to testify on this application? Seeing none -- yes, quickly. Johnson: Denny Johnson again, 1335 West Overland. Do we have a picture that can show a view of that property from ground level? I guess I don't see anything that really shows the effect of the gravel pit that was there. That will require a real extensive, if not expensive repairing effort there. I would just like to hear from the landowners that they are committed to bringing that back to its natural sight. Or you know run a grader over it a couple times and call it good. The topsoil is totally gone. Its just gravel scraped clean and dug out, gouged out to the, out of the natural hill that was sitting there. I guess I'd like to hear a little more about that plan. Borup: If we could get some clarification. 1 think he has already testified that they're going to be repairing that and planting grass which would necessitate Meridian Planning and Zoning Meetin~ Juy 5, 2001 Page 78 topsoil: Anything in addition to that Mr. Jones? Okay that was part of their previous testimony that that would be repaired. I assume when you say back to natural, you're not skiing them to replace all the gravel that's been hauled out of there. It would be leveled off. That's what they stated their intention is. That they would - (Inaudible discussion form Commission members) Borup: That would be part of -- go ahead Mr. Jones. Jones: As part of the repairing, you're absolutely correct it is very expensive. Part of that requires the employment of a Geotropically Engineer specializing in this type of thing. We would have inspections and compaction testing as that is repaired and built back up to level this ground. So, as future development that land can be developed so things are stable. There are several parts. There is preparing and stabilization (inaudible) testing, on and on and on. I mean there are a lot of different parts to it. As far as bringing back the topsoil, that's kind of an impossibility, its gone. There will be a certain amount of import of topsoil to bring this project on line. How much? I don't know but there will be some brought on. Borup: Okay thank you. Mr. Johnson, I guess it behooves any business to make their property look the best it can. It's going to reflect on their business, people driving in there obviously if it stays like it is. I'm sure it's in their best interest for them to come across Vvith it. Any other questions from Commissioners? Nary: Mr. Chairman. Borup: Commissioner Nary. Nary: I just had one for Mr. Jones. I don't know if there's any way to anticipate that but it sounded like there was fairly extensive engineering that was going on to get this property back to its usable condition. Da you have any idea how long that will take and what type of heavy equipment that might take and how much noise that might generate for those people that live across the street? Jones: It's going to take big equipment. Nary: It does? Jones: As far as dust, we're going to have to follow the dust abatement rules, keep it watered. As they move dirt it's going to be of a benefit to use water. As I'm sure you know, water and compaction go hand and hand. There's going to be a lot of things involved in I guess repairing this big hole. Noise, yes, there's going to be some noise. Exactly how much, I'm not quite sure. Meridian Planning and Zoning Meeting July 5, 2001 Page 79 Nary: Do you have any idea how long? Jones: I'm guessing it's going to take a good 6 to 8 weeks of just moving dirt, pretty easily. I've developed a preliminary grading plan and just looking at -- I don't know if you've been out there but we have a 15-foot drop that we're going to have to - Nary: I've only ever seen the ugly river rock wall as I drove by it. Jones: Yes, its pretty extensive work: We're going to actually be moving dirt from the north side and pushing that to fill the hole and as we're doing it compacting and building that back up. Most of the, to address your question. Most of the initial movement is going to be on the north side by the freeway. I don't anticipate he decibel levels increasing much more than what the freeway already exists. Nary: Is there anticipation on operating that in the dark? Between - Jones: No. Nary: -- 10 at night and 6 in the morning? Jones: No there is not. In fact I've discouraged that. Nary: I'm sure these folks would discourage that too. A lot of times people do that for a lot of economic reasons. I didn't know if that was something - Jones: Well, it doesn't make sense to do it. Not only that there has to be an inspecting agent on site and I'm sure they done want us #o be out there at night. Borup: Thank you. Any other questions from the Commissioners? Norton: I'm sorry, Mr. Chairman. Borup: Commissioner Norton. Norton: I have a question for staff. They had made a comment that they did not approve of this. After this discussion, has staff changed their opinion? Borup: Maybe staff would like to -- could you expand on your reason for requesting denial? Freckleton: Mr. Chairman, Commissioner Norton with the discussions that we've had about alternate fire suppression systems, the water situation was my main issue. Until we get that well 22 on line, there were just a lot of unknowns. If they are able to come up with some alternate systems that would be approved by the Meridian Planning and Zoning Meeting July 5, 2001 Page 80 fire department, I think it's workable. We're anticipating that that well will be on line this fall. So, this is kind of a temporary thing. Yes, I don't think that we would have a problem with it, with working with them to try to come up with an alternate source. Norton: So, if this project was moved forward, you would not have a problem with working with them with their alternate fire suppression ideas? Freckleton: No it's going to take work with the Fire Department as well. Borup: That's what I say, that requires full written approval from the fire department? Freckleton: Correct. Norton: Okay thanks Bruce. Nary: Mr. Chairman. Borup: Commissioner Nary. Nary: Bruce, and there's not a concern on the sewer, just the fire suppression? Freckleton: Fire suppression was the main issue, yes. Sewer, they've got a temporary septic system that they're proposing and we can live with that. Borup: And the applicant understood they would be doing the sewer line along their property so it could connect into the trunk line when it became available? So, it would be to and through your property, I mean it would be through your property to the other. Is that correct? Freckleton: Yes the way the comments are written, I think I gave them six months from the date that sewer is brought to their property they would have six months to complete it across their property. Borup: To the property to their east. Did the applicant understand that? Okay. Freckleton: I would just propose that all of our other staff comments would just remain in tact. Borup: Would we like to have any discussion before we close this hearing? I asked that once. Is there anyone else that wants to come forward? You need to hurry. Johnson: nny name is Dwight Johnson. I live at 1435 West Overland, just across the street from this. Just about anything would be an improvement over what's Meridian Planning and Zoning Meeting July 5, 2001 Page 81 there. We fought it. I almost got in a fistfight sitting at that table over there with one of the prior owners when I called him a (inaudible) liar. He said he gave away half a million dollars worth of gravel just to get the place level. It isn't level. He didn't give the gravel away either. I would encourage you to (inaudible) to get something moving on this project. That's all I have to say. Borup: Thank you Mr. Johnson. Norton: I tend to agree with Mr. Johnson. I think anything would be an improvement at what the property is. I would tend to want to push this forward with the addition of the language of No. 2 upon completion of the Linder Road extension to do the landscape buffer so they don't have to do it twice. My thoughts. Nary: Mr. Chairman I would concur. I drive by this site all the time. I didn't realize how ugly it was but it really is pretty bad. Not only is anything an improvement, I think this is a significant improvement because I do think having a commercial type of operation is all the more reason to maintain it. I think that's exactly what Mr. Johnson's concerns are, is that someone has to maintain this. Certainly having a sales lot eventually, you're not going to get a lot of people to want to buy RVs if they have to drive down a gravel road that is full of weeds and just looks terrible. You're not going to get a lot of people that want to go there. I think this is a tremendous improvement over what is there. I just think there are more positives than any negatives (inaudible). Shreeve: Mr. Chairman. Borup: Commissioner Shreeve. Shreeve: I propose that we close the Public Hearing. Norton: I second. Borup: Motion is second to close the Public Hearing. All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Shreeve: Mr. Chairman I propose to approve CUP 01-020 request for Conditional Use Permit to develop a 2,500 square-foot sates building for a recreational vehicle sales lot in an I-L zone for Bodily RV by Gary Bodily northeast corner of Overland Road and South Linder Road taking into account all staff comments with the correction on site specific requirement No. 2 which is on Page No. 4 that it be within one year of the completion of construction of the Linder Road extension that the landscape buffer be placed. I believe that's it, isn't it? Meridian Planning and Zoning Meet July 5, 2001 Page 82 Nary: I was going to suggest to the maker of the motion if we wanted to include in another Condition 17 that prior to the issuance of a Building Permit that they must have an approved fire suppression system source on site so, it can be any system as long as it's approved by the City. Borup: By the staff and fire department, which I think staff would require before they would give their approval anyway. Nary: Right. Borup: I guess maybe the other would suffice. Shreeve: Make it part of the motion. Nary: Second. Borup: Motion is second. All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Item 11. Public Hearing: CUP 01-021 Request for a Conditional Use Permit for a dual restaurant with drive-thru in a C-G zone for Kentucky Fried ChickenlA ~ W by G & H Enterprises II - 677 East First Street: Borup: Okay, we've got one item left Commissioners. Do we want to, I assume we'd like to go ahead? Norton: Sure, lets do it. Only if we can - Borup: Our policy has been we try not to start new applications after 11. We're real close but it also will be done by 12. If we're not done, we would probably be continuing it but lets open Public Hearing No. 11 CUP 01-021 request for Conditional Use Permit for dual restaurant drive-thru in a C-G zone for Kentucky Fried Chicken and A&W. I'd like to open this Public Hearing and start with staff comments, staff report. McKinnon: Mr. Commissioner, Commissioners. At this point we would like to recommend continuance of this public hearing. The reason for that is the applicant and ACHD haven't come to an agreement yet concerning the right-of- way acquisition on Meridian and the closing of the second driveway along Meridian Road. They have a meeting again on July 25th with the ACHD Commissioners. They met with the Commissioners initially last month and they've moved-that to July 25~' at this time, until we know exactly the site layout. Without the right-of--way acquisition and whether or not the second driveway is