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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 Meridian Planning & Zoning June 4, 2015 Page 7 of 59 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 Meridian Planning & Zoning June 4, 2015 Page 8 of 59 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. Meridian Planning & Zoning June 4, 2015 Page 9 of 59 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. Meridian Planning & Zoning June 4, 2015 Page 10 of 59 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