MinutesMeridian Planning & Zoning
June 4, 2015
Page 6 of 59
Oliver: Second.
Yearsley: I have a motion and a second to close the public hearing on AZ 15-006. All in
favor say aye. Opposed? Motion carries.
MOTION CARRIED: THREE AYES. TWO ABSENT.
Yearsley: Any comments? You know, it's a pretty straight forward project. My guess is
he needs to be annexed for services and I don't see any issues with it. So, if there is no
other comments, I would entertain a motion.
Wilson: Mr. Chairman?
Yearsley: Commissioner Wilson.
Wilson: After considering all staff, applicant, and public testimony, I move -- I'd
recommend approval to the City Council of file number AZ 15-006 as presented in the
staff report.
Oliver: Second.
Yearsley: I have a motion and a second to approve file number AZ 15-006, the
Dunwoody lot. All in favor say aye. Opposed? Congratulations.
MOTION CARRIED: THREE AYES. TWO ABSENT.
D. Public Hearing: CUP 15-010 Papa Murphy's by James Wylie
Located 2723 S. Bartlett Request: Conditional Use Permit
Approval for a Restaurant in an L-O Zoning District
Yearsley: Next item on the agenda is the public hearing of the CUP 15-010, Papa
Murphy's and let's begin with the staff report.
Parsons: Thank you, Mr. Chairman, Members of the Commission. Next item on the
agenda is the Papa Murphy's conditional use permit. The subject site consists of .29
acres of land currently zoned L-O within the city and is located at 2723 South Bartlett
Avenue. This property was before you in 2013 known as the Jack's Place Subdivision,
which you approved three office lots. The proposed Papa Murphy's restaurant will be
located on one of those office lots that was approved with that subdivision. To the north of
this site we have a veterinarian clinic zoned L-O. To the east we have single family
homes within the Jack's Place Subdivision that was approved with these office lots. To
the south are commercial lots -- or commercial property called Mussell Corner and, then,
across -- or to the west around Meridian Road and, then, a church property. The
applicant is here tonight to, again, discuss developing one of the office lots with a 1,500
square foot restaurant. Under the UDC a restaurant use requires a conditional use permit
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June 4, 2015
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in the L-O zoning district, so that's why they are here. This application does not consist of
a drive-thru as one is not allowed in that zoning district , so this is merely a standalone
restaurant business where customers will come into the subdivision, access the site, from
the local street, pick up their pizza and go home. The proposed site plan and elevation
before you this evening is consistent with the development agreement that was approved
with that subdivision back in 2013. The parking lot will have shared access, will come off
the local street along the east boundary and, then, there is a cross-access agreement with
the adjacent office parcel along the south boundary and that was created with the
recordation of the plat. The elevation this evening consists of stucco and architectural
shingling. Again, this is consistent with the elevations that were approved with the
conditional -- or with the development agreement in 2013. Staff has received written
testimony from the applicant. They are in agreement with all conditions of approval as
well. One other item to mention is because this item -- or his property is zoned L-O they
will be restricted to the hours of operation between the hours of 6:00 a.m. and 10:00 p.m.
as required in the zoning ordinance. Again, the applicant has provided testimony in
agreement with all conditions. I will conclude my presentation and stand for any questions
you may have.
Yearsley: Are there any questions? No? Would the applicant like to come forward?
Please state your name and address for the record.
Wiley: James Wiley. 1676 North Clarenden Way in Eagle, Idaho.
Yearsley: Can you speak into the microphone.
Wiley: James Wiley. 1676 North Clarenden Way, Eagle, Idaho. Mr. Chairman, Members
of the Commission, The City of Meridian allows for a food service user in an L-O zone
location with the approval of a conditional use permit or CUP. I hope to gain your positive
recommendation. Thank you for your time and consideration.
Yearsley: Thank you. Are there any questions? No? I don't have anybody else signed
up for this. Is there anybody that would like to testify on this application? Please come
forward. State your -- state your name and address for the record, please.
Conway: My name is Judith Conway. I live 2796 South Black Spur Way in Meridian. I'd
like to, first of all, thank you all for your work on -- for the City of Meridian. My husband
and I moved here from Illinois in January 2014. We love the climate. We love the city.
Thank you very much. I'm not opposed to this restaurant going in there. I live in the
subdivision that is just east of Jack's Place. Jack's Place is a very small subdivision. I live
on Black Spur, which T's into Whitehall and Whitehall, which curves around and becomes
Bartlett and in our subdivision and just to the east of us is Meridian Greens. To the south
of us is Observation Terrace and Observation Heights -- or Point and, then, our
subdivision, which is actually known as Larkspur No. 2 , continues on to the north and
becomes Larkspur No. 1. So, there are quite a few homes in there. The access off of
Meridian Road into this whole subdivision that I mentioned is on a street known as
Edmonds, which would be just south of where this restaurant will go in and it is -- I would
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invite all of you to come around 11:00 o'clock at night on Meridian Road and try and find
Edmonds Street, because it's very, very dark and we are seeing an increased amount of
traffic in there and it's a dangerous intersection. I'm not asking for a traffic light, but when
the restaurant is built there is going to need to be some type of increased lighting there at
the intersection or I'm just really concerned that there are going to be accidents. Also I
was a bit dismayed when I heard that a restaurant was going in, but with Papa Murphy's
the nature of the business people won't be staying there to eat, so it will be in and out, so
thank you very much for that and , you know, thank you, city, but -- and many are
interested in being able to walk there to pick up a pizza and take it home, but I just would
like to caution everyone, that's a -- I'm really pleasantly surprised that there hasn't been an
accident at that intersection. We also do have quite a few children that live in our -- in our
subdivision, so all the parents are just going to have to be really cautious, because -- for
the increased traffic that will be there. So, thank you for listening to my rambling, but,
really -- and thank you for everything you do for the city. It is a great place to live. Thank
you very much.
Yearsley: Thank you. Is there anybody else that would like to come up? With that would
the applicant like to come up and have a chance to rebut or to comment on this
application?
Wiley: As Mr. Parsons mentioned, we are willing to comply with the hours of operation
between --
Parsons: 6:00 a.m. and 10:00 p.m.
Wiley: Yeah. I believe they open at -- Papa Murphy's usually opens at 10:00 or 11:00
a.m. and, then, they close around 8:00 or 9:00, depending on the franchise. So, these are
avoiding the rush hour -- you know, the times of the day where there is going to be the
most amount of traffic going on and it's not going to increase the amount of traffic during
those times that are already in excess with traffic. Yeah. That's all, I guess.
Yearsley: All right. Any questions?
Oliver: Maybe you could help answer the question. I assume there is a business open
from 6:00 to 10:00, but you will have lighting in your plan?
Wiley: Yes. We do have lighting in the plan. We don't -- we haven't gone through all the
construction plans yet, we are still in the preliminary stages, so I can't really speak
anymore about that, but --
Oliver: So, that will add a little bit of lighting to the intersection right there.
Wiley: Yes. I mean just having a building there with lights on will help anyway, but --
yeah.
Oliver: Thank you.
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Yearsley: Thank you. Bill, I have a quick question. No, not for you. Just for Bill. Sorry.
The intersection improvements are already built; correct? Or will they be building those
improvements with this -- with this project?
Parsons: Yeah. Mr. Chairman, Members of the Commission, that infrastructure
improvement was done I would imagine -- I believe there should have been a street light
at the intersection of Bartlett and Edmonds, but maybe not one at the Edmonds and
Meridian Road entrance into the site and the reason being is sometimes because
Meridian Road is a state facility it's hard for the developer to work with ITD to get
streetlighting standards. We have run into that as a city quite often on Chinden, where we
haven't -- ITD necessarily doesn't want lighting along the roadways or -- or at least get to
easement, but until we work all those details out with ITD lighting will not go in in certain
cases and this may be one of those cases where the city didn't have the authority or didn't
have an agreement with ITD in order to get lighting at that intersection, so -- but we do
typically get them at those intersections and the applicant will more than likely have
lighting with their restaurant use, but I would also caution the neighbors that under our
ordinance we don't like to have commercial developments have light trespass onto
residential properties, so lighting will have to be contained on the restaurant site itsel f, not
spill over onto the adjacent properties.
Yearsley: Okay. Any other questions? With that I would entertain a motion to close the
public hearing on CUP 15-010.
Wilson: Mr. Chairman?
Yearsley: Commissioner Wilson.
Wilson: I move that we close the public hearing on CUP 15-010.
Oliver: Second.
Yearsley: I have a motion and a second to close the public hearing on CUP 15-010. All in
favor say aye. Opposed? Motion carries.
MOTION CARRIED: THREE AYES. TWO ABSENT.
Yearsley: Comments?
Oliver: I think it's a nice addition. Papa Murphy's is definitely a positive business location
right there that won't interfere with anything. I think it will be a nice addition. So, I'm
definitely in favor of that.
Wilson: And as the residents said, I think it compliments the -- the subdivision, so I would
be inclined to approve.
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Yearsley: Okay. All right. Then -- and I understand the -- the public's concerns about the
light at the intersection. Unfortunately, it doesn't fall under their purview to fix that remedy
and as you heard that ITD is not friendly enough to -- to allow us to do stuff with that point.
Hopefully we can get something in there to make that a little bit better. So, with that I
would entertain a motion.
Oliver: Mr. Chairman?
Yearsley: Commissioner Oliver.
Oliver: I move that we -- excuse me. After considering all staff, application -- applicant
and public testimony, I move to recommend approval of file number CUP 15 -010 as
presented in the staff report for the hearing date of June 4th, 2015.
Wilson: Second.
Yearsley: I have a motion and a second to approve file number CUP 15-010. All in favor
say aye. Opposed? Motion carries. Thank you.
MOTION CARRIED: THREE AYES. TWO ABSENT.
E. Public Hearing: AZ 15-005 Stonesthrow Subdivision by Steve
Arnold Located Approximately 1/4 Mile South of E. Fairview
Avenue on the West Side of N. Mount Hood Avenue Request:
Annexation and Zoning of 10.26 Acres of Land with an R-40
Zoning District
F. Public Hearing: PP 15-006 Stonesthrow Subdivision by Steve
Arnold Located Approximately 1/4 Mile South of E. Fairview
Avenue on the West Side of N. Mount Hood Avenue Request:
Preliminary Plat Approval Consisting of Thirty-Five (35) Building
Lots and Six (6) Common Lots on 9.22 Acres of Land in the R-40
Zoning District
G. Public Hearing: CUP 15-009 Stonesthrow Subdivision by Steve
Arnold Located Approximately 1/4 Mile South of E. Fairview
Avenue on the West Side of N. Mount Hood Avenue Request:
Conditional Use Permit Approval for a Multi-Family Development
in the R-40 Zoning District Consisting of 140 Dwelling Units
Yearsley: So, I guess we are to the next one that we have all been waiting for. Before I
open this public hearing I would ask that we be respectful of everybody. We will be
discussing this project. I understand that there is a lot of anger, maybe some frustration,
but we will get through it and have everyone be able to speak and to state their opinion. If
we could be respectful and to allow the person to -- at the podium to speak and to not
comment from the audience we would appreciate that and we would -- we will proceed