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HomeMy WebLinkAboutJune 19, 2008 P&Z MinutesMeridian Planning & Zoning June 19, 2008 Page 8 of 24 Marshall: So moved. Rohm: Second. Moe: It's been moved and seconded to continue CUP 08-013 to the regularly scheduled Planning and Zoning meeting of July 3rd, 2008. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 9: Public Hearing: PP 08-005 Request for Preliminary Plat approval of 5 commercial lots and 1 other lot on 10 acres in a C-G zoning district for Knighthill Center by James Wylie - SWC of W. Chinden Boulevard and N. Linder Road: Moe: At this time I'd like to open the Public Hearing PP 08-005 for Knighthill Center and have the staff report. Parsons: Thank you, Mr. Chairman, Members of the Commission. The application before you tonight is a preliminary plat consisting of five commercial building lots and one common lot on ten acres in a C-G zone. Concurrently, the applicant has submitted a miscellaneous application to modify the existing development agreement to remove the previously approved concept plan and replace it with the proposed plan. Private street approval was a{so requested that will provide access to the development and provide connectivity with the surrounding developments. The subject site is located on the southwest corner of West Chinden Boulevard and North Linder Road. The property is bordered on the north by Knightsky Estates, zoned C-C and P-NC. That's Knighthill there. Or Knightsky. To the south is Lochsa Falls No. 11, zoned R-4. To the west is Lochsa Falls Subdivision No. 12, which is zoned R-4 and C-N and L-O. And to the east is RUT zoned property. Here is the aerial of the site. Now you can see the site is currently vacant. Again, you can see some of the stub streets that are proposed to be extended into that site if it's approved tonight. A little history on this site. In 2006 this site was annexed and zoned C-G. At that time it was also requested to be platted. It was approved for a four lot plat and one common lot. Development was -- a development agreement was required as part of that application process and the applicant also submitted a concept plan that was approved and was tied to that existing development agreement. The previous approval in 2006 also showed three -- proposed three buildings on the site, roughly ranging approximately 109,000 square feet of retail space on this site. The applicant is proposing a new concept plan tonight. Here they are showing 13 buildings. This is proposed to be a -- possibly a bank site, amulti- tenant space there, a convenience store slash gas station on the corner of Chinden and Linder. And, then, you have amulti-tenant retail building here and, then, what the applicant's done from the previous approval is actually add some office lots that will actually buffer some of the more intense retail uses from the residential neighborhood. And also access to the site is pretty much the same that was also approved in 2006. There is no direct lot access proposed onto Chinden. Access will come via Linder Road Meridian Planning & Zoning June 19, 2008 Page 9 of 24 here. The applicant, again, has proposed private streets. So, here this is West Everest Lane. It's a private street, currently constructed as a 25 foot road section. The applicant is proposing to -- to mimic that and continue that on as a 25 foot road section to this point and, then, from this north-south connection they are going to extend North Gertie Place here and that will be a 32 foot road section. And, then, off of Linder they are proposing a 36 foot wide road section and also as part of the development agreement they were required to stub to this -- if you want to call it an outparcel, RUT parcel, they are going to provide a driveway stub for that -- for that gentleman when they come in and propose in the future to also take access onto Linder from that point. A landscape plan was submitted with this application. However, the applicant submitted the landscape plan approved with the 2006 project. The propose of the plan was only to illustrate the required perimeter landscape buffers required for the proposed subdivision. Now what's going to happen is we have actuaNy conditioned the applicant to submit a new landscape plan prior to the City Council. He will be required to have that 35 landscape -- 35 foot landscape buffers along both -- along Chinden Boulevard and North Linder Road and also provide a 25 foot landscape buffer adjacent to those residential neighborhoods along the south -- southern edge and the western edge of the property. The applicant has submitted some conceptual elevations. Here is what they are proposing to show for their convenience store. Again, it's going to have some stucco, some flat roof elements, with some -- the pitched roof there will be a metal. Metal awnings to accent the glazing on the building and that should run along the front -- the side of the building as well, with some stone accents. Here is what they are proposing for their office use, their office building, and, then, these two buildings here are representing their multi-tenant spaces. Again, primarily all the buildings are proposed to be constructed of mixed material, stucco, rock accent, some timber facade on the front to kind of accent the front of the building and, then, you can see some modulating and different -- different pitch elements for the roofing. Staff is very supportive of the elevations and we have also conditioned them and as a DA provision to -- that any future building be substantially compliant with these elevations. Staff -- this concludes my presentation and I will be happy to answer any questions from the Commission. Moe: Thank you very much. Any questions of staff at this time? Marshall: Mr. Chair, I do. Moe: Yes, sir. Marshall: Bill, can you tell me -- could this have been built in a C-C zone? Parsons: Mr. Chairman, Commissioner Joe -- Commissioner Marshall, I believe so. mean there is really -- there is setbacks for the C-C zone. There is no setback requirements for the C-G zone. The only difference is, basically, based on your design review standards. In a C-G zone you typically can have structures up to 200,000 square feet before you have design review. In a C-C zone we require anything over 60,000 square feet to go through that. The other thing I'd point out, too, is your Meridian Planning & Zoning June 19, 2008 Page 10 of 24 conditional and your principally permitted uses are a little different in those two zones as well. And that's about the only difference. But, yes, this probably could have happened in a C-C zone. Marshall: Thank you. Moe: Any other questions? O'Brien: None from me. Moe: Would the applicant like to come forward, please. State your name and address for the record. Wiley: Good evening, James Wiley. 1676 North Clarendon, Eagle, Idaho. 83616. Mr. Commissioner, Members of the -- or Mr. Chairman, Members of the Commission. Sorry. We agree with all the requirements of the Planning and Zoning Department for this project. What we tried to do -- the prior subdivision had a grocery store plan. We do not happen to have a grocery store that is available to go into this site at this point. So, we have tried to revise it and in so doing, mixing some small office in the back, that will allow a little bit of buffering between the residential and the heavy commercial and still providing some multi-tenant, small user availability. On the northeast corner of this. property Eagle right now they have Fred Meyer trying to go into that corner, so 1 think we will be able to mix well whatever they put in. I don't really -- as far as the elevations went, many of the neighbors had a concern with, excuse me, the top elevation and I don't know if you could put that up, Bill. That one on the right. They seemed to like the lower one over here a little bit better. So, that was kind of the direction we were going to head. And also when we had the neighborhood meeting they -- one of the main concerns was the gas station and service C store that we originally had was further south towards entrance off of Linder. The neighbors requested that we move it further away toward the hard corner, which we did on this -- on this conceptual design. So, we tried to address some of their issues in -- in coming up with this particular design for the project. And if you have any questions I'm certainly available. Moe: You won't have a problem getting the other landscape plans to -- for the City Council meeting? Wiley: No, we won't have any problem. The reason we -- we already had an existing landscape plan from the prior approval. The exterior landscape is essentially the same size, so we decided to do that. We will be happy to revise it. Moe: Any other questions? Rohm: Just curious. Do you plan on phasing this at all or do you plan on building it all out at once? Meridian Planning & Zoning June 19, 2008 Page 11 of 24 Wiley: I'm sure we are not going to just build it all out, unless we have a massive run of tenants or users coming in. We have the gas station C store. We already have somebody who wants that. So, that would be our first construction project. In so doing we put the streets in, the landscaping in, which, hopefully, would build some energy for the other lots. Rohm: Okay. That's kind of where I was going with that. Thank you. Moe: Thank you very much. Wiley: Thank you. Moe: Ron and Sharon Taylor. Are you going to speak one at a time or together or -- Taylor: Ron Taylor. ~ 6168 North Gertie Place, Meridian. 83646. Moe: Thank you. Taylor: Just have a couple of concerns and I think all the neighbors in the area -- I don't know -- they didn't come tonight, but they said they were going to. Anyway, Gertie Place is just -- it shows it there, but it's -- it's just a very short little cul-de-sac and that we were told that that's what it was always going to be by the people we bought the house from and we live right on the corner there, which is right there. And we would like for that street to not go through. In talking with Mr. Wiley at the neighborhood meeting, he said he didn't care whether it went through or not. And there is about 20 kids in that little cul-de-sac area and on Rattlesnake right there that all play down in there and that will just become a thoroughfare for 1,300 students at Rocky Mountain High School just around the corner and everyone in the world cutting through our neighborhood, with no stop signs, no speed bumps, and going into that development to get to the gas station and the car wash. So, since he said he didn't really care whether it went through or not, we would like for it not to go through or maybe put those -- I think they are called bollards, like they have in the rest of the subdivision, so that in an emergency, if the fire department had to get in through there -- which I doubt if they would go through there, since the station is just down around the corner on Linder -- that they could take those out and go in through there on emergency. But we don't really want that to become a thoroughfare and I think that's what it's going to do. People already speed through that area without any slowing down, because there is very few stop signs on any corner. On this landscaping plan, I mean I see an entrance over there into that piece of property over there adjacent to Linder Road, an entrance to that I would guess maybe I'd like to have somebody explain why that was -- is not part of this that I picked up at Planning and Zoning, this map here shows nothing at all about a proposed entrance into that lot. And, if so, what's he going to do with it, because right now it looks like he has a body shop there. He has probably 20 or 30 cars parked on that property. Moe: Is there a pointer there that you can -- Meridian Planning & Zoning June 19, 2008 Page 12 of 24 Taylor: I don't know much about pointers. Moe: You should have a laser pointer there. Can you show that point on the screen for us, please? Taylor: This green thing or -- yeah. Okay. I'm sorry. That's not on this thing -- this copy that I picked up from Planning and Zoning, it doesn't show any entrance there at all to this deal and we are all curious as to what all this is here, because he has about at least 20 to 30 cars there at all times doing body and fender work and I know that he's in Ada County, not Meridian, so I guess if there is something planned here, we'd like to know that. This is my fence right there and -- and also, Mr. Wiley, if he -- if he does go through with this and you do approve it, we'd like to have that buffer right there and have those trees. He said he has no problem with that when we talked with him. If he does put it there, to make the trees closer together. We haven't, actually, seen a copy of his landscaping plan, but have them closer together so that it does block our view of any of those buildings and we'd like for Gertie Place not to go -- I don't think anyone wants it to go through, so those are the things that -- we do appreciate the fact that he has just flipped the thing and put the convenience store and gas station on the other end, instead with 20 feet from my fence, so -- that's about all I have to say. Moe: Any questions? Marshall: I do have a question. Sir, I'm trying to understand why students from Rocky Mountain High School would want to take the long route through your subdivision, rather than taking the direct route right down Linder. Taylor: Oh. Well, because there is probably going to be some that lives in our -- in our subdivision and they could just come down through there or they could either go down Cayuse Creek or -- and there could be plenty that don't live there. Marshall: Right. But my point is that Rocky Mountain High School right down here; they'd have to take a very indirect route to get back over here, rather than just right down the road and in. Taylor: Well, they could, but they are going to be going to that gas station down there. Marshall: Right. Taylor: And we didn't want that road there either. We didn't understand that there was ever going to be a road in off of Linder 20 feet from our fence either. That was never explained, so -- but I understand they are going to come down that way and the other way, but there will be other people and I'm sure kids going in -- I don't have anything wrong -- against kids, but I see what happens at lunchtime in all those areas and that will be a nightmare. The traffic right there on that -- in that whole area right there, I don't know if you have ever been there at 6:30 to about 8:30 in the morning or at nighttime, that's bumper to bumper all the way from there, all the way to Hewlett Packard and I Meridian Planning & Zoning June 19, 2008 Page 13 of 24 can't imagine throwing anymore traffic on that corner without -- and no one's making any attempt to widen the road or improve it. It's a two lane road and if you're going to allow all this commercial developments, big Fred Meyer store -- well, that's Eagle, so you don't have anything to do with that, but it's going to allow this traffic over there, isn't anyone going to do anything to improve the road? Rohm: Well, there are a lot of traffic studies going on and things that -- Taylor: I know, but how could they build the commercial developments and, you know, plan for additional traffic, just keep throwing them up, no -- no improvements on the roads, on a two lane road, you can't get out of that subdivision or into it a couple times a day. So, I just -- I can't understand why all the things would be allowed without any provisions to fix the roads. Rohm: Mr. Chairman? Moe: Mr. Rohm. Rohm: I'd like to address that just a little bit if I could. Part of why we as a planning group try to encourage connectivity between one parcel of ground, which would be to the south, which you're talking about, to that to the north into this development is so that the traffic that is internal to that subdivision already does not have to go out onto Linder to access the development within this proposed project and that's to help keep the traffic down on the main thoroughfares, not to encumber it further and like Commissioner Marshall pointed out, the traffic that will be going to that gas station from the school itself will use the existing roadway, which is Linder Road, not ingress through your subdivision. So, it's to -- it's actually all of these thoughts by the planning group and by this Commission are to help minimize the additional traffic out onto the thoroughfare. And so that's just trying to respond to your -- to your query. Moe: Thank you, Mr. Rohm. That was very good. Appreciate it. Sharon, did you want to speak? S.Taylor: Hi, I'm Sharon Taylor. I'm the other half of 6168 North Gertie Place. There is really two neighbors that are concerned about this and we are both here tonight. My concern with what you just said is that it isn't about coming off of Linder where that is the only entrance into this Knighthill, it is that there is no reason to open up a whole subdivision that's mostly children in that area that -- if you have been in Lochsa Falls, there is no way to get out unless you know the pattern to get out. You will be lost in there the rest of your life. I'm not just kidding. It's not easy to get in and out. So, once they are in there what are they going to be doing, just driving around? So, we'd like to stop it in that respect. And, then, we have Everest Lane. Do you see where Everest Lane is? This is our entrance off of Chinden right there, Long Lake, Chinden. Well, if my pointer works. Here is our entrance to Lochsa Falls, Long Lake. Right here. Here is the street. Runs right along back into this proposed new area. Why can't that be the exit in and out? Why does it have to be this little tiny private cul-de-sac where the Meridian Planning & Zoning June 19, 2008 Page 14 of 24 streets all merge together and you can't really tell where you're going. That's, really, what we are here for tonight is, please, put bollards right there, so that those kids that so enjoy that cul-de-sac will have a chance to grow up and play there and not have Rocky Mountain High speeding in, gas station, out, miss the stop light right there. That's it. Thank you. Moe: Any questions? S.Taylor: Did you understand Everest Lane? Moe: Thank you very much. That was all that was signed up. If there is anyone else that would like to speak, please, come. Longlin: Hi. I'm Shawna Longlin. I live at 2615 -- or I'm sorry. That's where saw this happen once before and it was a disaster. I live at 6183 North Gertie Place. I live across the street and alts I can see is the nightmare that I had before. People flying around the corner on both ends, because, basically, I'm going to be getting it -- how does this work? Like this? Okay. Basically, I'm going to be getting it -- and it's a custom home, but I'm going to be getting it, because -- and I can attest already, my 18 year old daughter, to avoid Chinden, because it is so difficult to get in and out of, goes through the way she just said to get to Linder and she usually -- it's so bad -- the traffic on Chinden is so bad, she usually -- that's the way she takes her little brother to school. We go clear back to McMillan, back up to Locust Grove and he goes to school by Locust Grove and Chinden. And to try to get down there, you're looking at 20, 30 minutes for two miles. Rohm: Can you give me just the egress that you're talking about? Longlin: So, what I'm saying is -- Rohm: I'm not following you. Longlin: So, what I'm saying is is people already do cut through that neighborhood and if this right here gets -- I live right there. Right on that corner. My house is that whole side there. And I'm in the -- it's going to be difficult for me to try to be getting -- backing out of my driveway, I'm going to have cars coming around on both ends at me and it's going to be really difficult to back out quickly enough to see and there is a 20 foot berm -- and that's the other thing was my concern, too, is my house -- my whole back patio, from what I understood there was going to be two story office buildings there, so there goes all our privacy. My back yard is going to be viewed into 24/7. Well, you know what I mean. During business hours or whatever. And if they are going to be single level or if they are one level or -- I mean that's why I bought this house and everything and was to get out of -- from where I was before, because this same thing happened. lived on a corner and Ihad -- that's why I bought a home in a cul-de-sac -- what I thought was a cul-de-sac and so now I'm up against the same thing again. Meridian Planning & Zoning June 19, 2008 Page 15 of 24 Moe: Are you saying -- is this your lot right there? Longlin: Yes. Moe: And your house faces right here? Longlin: That's the front of my house and this is back. Moe: I guess I'm not understanding when you speak of having to back out. Longlin: This is the front of my house. Okay? Here. And, then, this is the back of my house. And what happens -- Ron and Sharon live here. And it looks longer than what it is. It's -- I mean this is just my house. I got a quick -- I got to turn here, I got people turning here, and now if that's opened up, I'm going to have them coming around both sides from there, too. And we are talking like a little tiny street, probably, from, what, that desk to -- to the wall and it's -- and if that turns into a major thorough -- you know, just trying to back out of the driveway is going to be a lot of fun. You know, Ijust -- it's really frustrating, so -- because I .moved there to have some peace. And I was also wanting to request -- see if they could at least put some trees along there, too, so that we can have some privacy on the other side of the berm. If that's -- that's what I'm requesting, so -- and there is, there is little kids, all toddlers, all along Rattlesnake, this corner here, they have three little rambunctious boys and there is kids over here, there is tons of kids here, there is kids here -- and we are talking little kids. And I don't know about you, but I know about high school kids and their cell phones and not paying attention and going clear to the corner and not even looking. Somebody's going to get hurt and it's probably going to be somebody's little three year old or five year old. Moe: Thank you very much. Is there anyone else who would like to speak? If no one else wants to, please, applicant, come back up. Please. Wiley: James Wiley again. To address some of the issues that they brought up, we do have an existing preliminary plat approval. The accesses are on the existing preliminary plat approval, which is still current, we are just trying to revise it by adding an additional lot, essentially, creating the offices -- the small offices in the back. We have dedicated right of way -- or we will dedicate -- excuse me. We will dedicate -- excuse me. We will dedicate additional right of way for Linder Road and for Chinden. A hundred feet on Chinden and 48? Sixty? Sixty on Linder. So, it's a substantial roadway dedication that presumably ACHD and/or ITD will expand the road at some point in the future. I do not have their road improvement plan on me. The parcel of concern where we were going to access into -- I'm not even going to try. Yeah. Right there. I don't own that parcel. That's a condition put on by the city. I'm assuming the reason for the condition is to limit the amount of accesses onto Linder. So, we are taking his access and moving it through into -- into the access that's already approved. If Gertie was terminated, as opposed to going through into our subdivision, I understand that's not what the city normally wants, they want the connectivity. But if Gertie was terminated at the property line, I would not want to have a cul-de-sac into our property. So, the cul- Meridian Planning & Zoning June 19, 2008 Page 16 of 24 de-sac would have to move down or a hammerhead or something. Or that's what I would request. On the other hand, we do have -- we have made a request for private streets. I don't know if it's available for the Public Works Department or whomever. I would -- no problem with putting. in speed bumps, if that would help alleviate some of the problems. I don't know if they are allowed on public streets, but if we are making application for private streets, that would be fine with me. That's all I have. Rohm: Thank you. Wiley: Thank you. Moe: There was discussion about additional trees. Wiley: Well, whatever the landscaping requirement by the city, I'm sure we are -- it's pretty stringent for trees and shrubs and whatnot. We are more than happy to place them -- we want to create a buffer between the residential and the commercial. We don't -- we don't want to have a problem down the road or at least mitigate the problem as much as possible. If some trees and shrubs helps that out, then, that's what we will do. Moe: Okay. O'Brien: I have one question, Mr. Chairman. On the buildings adjacent to the residence, Larry, what control do you have, then, on windows and entrances, et cetera? So, I assume that the entrances are going to be up in this area here,. the front. Wiley: That's the way we have currently designed them. O'Brien: So, I assume, then, there are just going to be minimal windows along the back side? Wiley: Exactly. O'Brien: Okay. And so I think the -- Wiley: Enough to get some light in, but we are not -- O'Brien: Right. But I can see that spreading out some trees along here to help that privacy is probably all that it would really require. Wiley: Uh-huh. O'Brien: Okay. Thank you. Marshall: Mr. Chair? I believe -- correct me if I'm wrong -- that all those were proposed as one story -- Meridian Planning 8~ Zoning June 19, 2008 Page 17 of 24 Wiley: Yes. Marshall: -- office buildings? Thank you. Moe: Thank you very much. Wiley: Thank you. Hood: Mr. Chair, if I may real quick, just to add onto what the applicant said in one of the questions that Mr. Taylor had about redevelopment of that county parcel. I sit in on all the pre-apps these days and I have not heard anyone come in wanting to redevelop that -- that parcel these days. He's right, though; we are looking for some access through this property, so there isn't another access point onto the arterial in the future when that property does redevelop, if they redevelop. But, again, they are not even on our radar screen for redevelopment and, again, the applicant's correct, we actually have a requirement in C-G where C-G abuts residential, that there be a -- at maturity that the wall -- that the plants create a screen wall, basically, to the residential. So, it won't be at the time of planting, but with the combination of a fence and landscaping, it should create a pretty good barrier, so -- Moe: Thank you very much. Mr. Rohm, do you have any comments? Rohm: I think I already made mine. Moe: Okay. Mr. Marshall? Well, at this point, then, can I get a motion for the Public Hearing? O'Brien: Mr. Chairman, I move to close Public Hearing PP 08-005. I believe it's also MI 08-003. Baird: No. O'Brien: No? Just that 05. Rohm: Second. Moe: It's been moved and seconded to close the Public Hearing on PP 08-005. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: Call for questions, discussion? I think that, quite frankly, what -- to me, with the loss of the big box store out there, this, actually, is a much better plan than before, in my opinion. The connectivity to the south I think is something that needs to happen, just for the simple fact I don't want to see all the neighbors have to go out on Linder and come Meridian Planning & Zoning June 19, 2008 Page 18 of 24 around and come back into this property. So, my opinion is is that I think this project was well thought up and I think it's a good fit for the corner. Rohm: Mr. Chairman? Moe: Yes, sir. Rohm: I'd just like to add to that. In recognition of what the folks that have testified here tonight, I certainly can understand where you're coming from and we -- we try very hard to work with the community as a whole and I think that if there was anybody that had -- I don't know, misled you, it would be the people that you buy from, because as a development, this corner has always been slated to have their connectivity between that property to -- that you're development's within, into that and it was never even considered to not have that connectivity. So, I'm sorry that you were led to believe that that would be a cul-de-sac that would not have any through traffic, but from a planning group, we try very hard to minimize the ingress and egress onto the arterial roads and this complies with that very well and end of comment. Marshall: I personally, Mr. Chair, am very excited to see this change over what was previous -- and I think it's vastly improved. I especially like the lower intensity professional offices up against the residences, as opposed to a large grocery store or something of much higher intensity. I also feel that the connectivity to the subdivision is important, not only for -- to alleviate traffic from going to Linder, but it also -- for EMS and fire, who require that connectivity, and this was planned from long ago and that is a requirement of the city for many different reasons. So, I'm very much in favor of this project. Moe: Thank you. Mr. O'Brien, any comments? O'Brien: Yes. Mr. Chair, I several thoughts. First of all, I agree with the connectivity. think it's important in looking at the layout of that subdivision, I think it's really important -- it's going to serve mostly the people that live in that subdivision. As far as -- I understand the risk of sma11 children, as I raised some and grandchildren, too -- about street concerns and that that's always a concern for a parent, to really keep on eye on young kids, because, boy, they can be gone in a second. They can run outside, boom. And that's a concern and I don't know how we can provide a lesser risk and not be able to serve the rest of the community. As far as school goes and Rocky Mountain High -- oh, is it Rocky Mountain High? They are in a -- most of the people, children through high school, are going to be in school mostly at the same time, except for the toddlers, of course. But they will grow up -- they will grow and soon -- and will be in school themselves and you will lessen the concern. The other thing I'm concerned with is I would like to see the landscaping plan be provided to -- or approved by the people who live behind these -- these businesses right here, maybe they can be involved in the solution to provide a good buffer with the applicant to insure the maximum privacy under the law and also I agree with having speed bumps -- some kind of vehicle or mechanism there to insure that the speed is controlled. That's all 1 have. Meridian Planning & Zoning June 19, 2008 Page 19 of 24 Moe: Mr. Marshall, do you have something to say? Marshall: I do have one last comment that having talked to the principal of Rocky Mountain High, he made some comments about the fact that they are going to diligently try to keep the students out of the local subdivisions, unless they -- unless they actually live there and try to keep them directed out of those areas. Moe: Ma'am, the Public Hearing has been closed. I'm sorry. I'm sorry the Public Hearing has been closed. Mr. O'Brien, I do have one comment and 1 wanted -- Caleb had discussed earlier the -- basically on the landscaping, you know, the ordinance -- you know, there are rules and regulations what they have got to conform to and over time that landscaping will fill in as the buffer, so as far as having land -- being the landowners and whatnot, you know, there is really no need, because it will have to comply with the city requirements. O'Brien: Okay. Thank you for clarifying that. Moe: Okay. Any other comments, gentlemen? Is there a motion to be had? O'Brien: Mr. Chairman, after considering all staff, applicant, and public testimony, move to recommend approval to the City Council of file number PP 08-005, as presented in the staff report for the hearing date of June 19th, 2008, with no modifications. Marshall: Second. Moe: It has been moved and seconded to approve PP 08-005. All those in favor say aye. Opposed? That motion carries MOTION CARRIED: FOUR AYES. ONE ABSENT. Hood: Mr. Chairman, just to clarify, I think you just slightly misspoke there. It is a recommendation for approval. So, I thought I heard you say approved, but just a clarification for the folks in the audience, this is a recommendation to the City Council, so there will be another Public Hearing on this item as well. So, I just wanted to clarify that. Item 10: Public Hearing: CUP 08-012 Request for Conditional Use Permit approval for adrive-thru establishment in a C-C zone within 300 feet of another drive-thru facility for Silverstone Corporate Plaza by Sundance Company - 3421 E. Overland Road: Moe: Thank you. A{I right. At this time I'd like to open the Public Hearing CUP 08-012 for Silverstone Corporate Plaza and hear the staff report, please.