2015 10-01Meridian Planning and Zoning Meeting October 1, 2015
Meeting of the Meridian Planning and Zoning Commission of October 1, 2015, was called
to order at 6:00 p.m. by Chairman Steven Yearsley.
Present:, Chairman Steven Yearsley, Commissioner Patrick Oliver and Commissioner
Gregory Wilson.
Members Absent: Commissioner Ryan Fitzgerald and Commissioner Rhonda McCarvel.
Others Present: Machelle Hill, Andrea Pogue, Bill Parsons, Sonya Watters and Dean
Willis.
Item 1: Roll-Call Attendance:
Roll-call
___X__ Gregory Wilson __X__ Patrick Oliver
_____ Rhonda McCarvel _____ Ryan Fitzgerald
__X___ Steven Yearsley - Chairman
Yearsley: Good evening, ladies and gentlemen. At this time I would like to call to order
the regularly scheduled meeting of the Meridian Planning and Zoning Commission for
October 1st, 2015, and let's begin with roll call.
Item 2: Adoption of the Agenda
Yearsley: Thank you. So, the next item on the agenda is the adoption of the agenda. I'm
going to make a couple of changes. There is no Consent Agenda, so we are going to
remove Item No. 3 for the Consent Agenda . And, then, on the Action Items, A and B -- it's
AZ 15-013 and PP 15-017 Bull Ranch Subdivision is requesting to be continued to
October 15th, 2015. So, it won't be heard tonight. With those items can I get a motion to
adopt the agenda as modified?
Wilson: Mr. Chair?
Yearsley: Commissioner Wilson.
Wilson: I move we adopt the agenda.
Oliver: Second.
Yearsley: I have a motion and a second to adopt the agenda. All in favor say aye.
Opposed? Motion carries.
MOTION CARRIED: THREE AYES. TWO ABSENT.
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October 1, 2015
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Item 3: Consent Agenda
Item 4: Action Items
A. Public Hearing: AZ 15-013 Bull Ranch by Gem State ER, LLC
Located 6168 N. Elk Ranch Lane Request: Annexation and
Zoning of 10.06 Acres of Land with an R-8 Zoning District –
B. Public Hearing: PP 15-017 Bull Ranch Subdivision by Gem State
ER, LLC Located 6168 N. Elk Ranch Lane Request: Preliminary
Plat Approval Consisting of Fifty (50) Building Lots and Twelve
(12) Common Lots on 10.06 Acres of Land in a Proposed R-8
Zoning District
Yearsley: So, we are going to open up Items AZ 15 -- well, let me -- yeah. I will do this
first. So, we are going to open AZ 15 -013 and PP 15-017, Bull Ranch Subdivision, for the
sole purpose of continuing the meeting to October 15, 2015. With staff can I ask is that
going to be an appropriate date to have that meeting or do we wa nt to maybe put it to the
5th of November?
Parsons: Mr. Chairman, Members of the Commission, certainly the applicant isn't here
tonight from what I can tell, but it is in your purview to pick a different date. That was the
date that the applicant did request, but if you feel that -- that agenda is full -- I mean we
are looking at four items on that hearing date -- one could be pretty contentious that night.
So, if you feel it's appropriate to move it on to that November 5th hearing you can certainly
do so.
Yearsley: Okay. Could we have the applicant come forward, unless -- we can ask him
what he would prefer. If he's available. Or was he here? Oh, I thought -- I thought he
was here. I thought you said he was here. My apologies. So, for you guys knowledge,
October 15th we will be hearing the -- can't remember -- what is it? Easy Jet Apartments
and it could be a long meeting and so do we want to continue this and add that to the
October 15th agenda or move it to the November 5th agenda?
Oliver: Mr. Chairman?
Yearsley: Commissioner Oliver.
Oliver: I suggest that we move it to the November meeting. November 5th.
Wilson: I second that.
Yearsley: So, can we have an official motion to continue the public hearing?
Wilson: Mr. Chair?
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October 1, 2015
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Yearsley: Commissioner Oliver -- or, sorry. Wilson.
Wilson: I move we continue AZ 15-013 and PP 15-017 to November 5th, 2015.
Oliver: Second.
Yearsley: I have a motion and a second to continue AZ 15 -013 and PP 15-017 to
November 5th, 2015. All in favor say aye. Opposed? Motion carries.
MOTION CARRIED: THREE AYES. TWO ABSENT.
Yearsley: Next item on the agenda -- and before that let me go through the process of
how we are going to do this. We are going to open up this item and we are going to start
off with the staff report. The staff will talk about how the -- the findings and how the
project adheres to our Comprehensive Plan and Uniform Development Code with staff
recommendations. Next we will call the applicant to come forward to present their case
for approval of their application and respond to any staff or -- comments. The applicant
will have up to 15 minutes to do so. After that we will open it up to the public hearing.
Anybody interested there is a sign-up sheet in the back that wants to testify. We will also
take people who haven't signed up as well to testify. If they are testifying for themselves
they will be allowed up to three minutes. If they are testifying for a group, like an HOA or
a larger group that's here that's showing of hands, they will be given up to ten minutes.
After the public testimony has been heard the applicant will have an opportunity to
respond to comments if they desire and they will be given up to ten minute to respond to
comments. Then we will close the public hearing and the Commission will have an
opportunity to discuss and deliberate and, hopefully, be able to make a recommendation
to City Council.
C. Public Hearing: CUP 15-016 Stinker Station at Paramount
Commercial by CSHQA Located 1410 W. McMillan Road
Request: Conditional Use Permit for a Drive-Thru Establishment
Within 300 Feet of Another Drive-Thru Establishment; and
Extended Hours of Operation (24 Hours a Day / 7 Days a Week)
for the Convenience Store, Fuel Facility and Drive-Thru
Restaurant in the C-G Zoning District
Yearsley: So, with that I would like to open the public hearing on CUP 15-016, Stinker
Station at Paramount Commercial and let's begin with staff report.
Watters: Thank you, Chairman Yearsley, Members of the Commission. The first
application before you tonight is a request for a conditional use permit. This site consists
1.1 acres of land. It's currently zoned C-G and is located at 1410 West McMillan Road.
Adjacent land uses and zoning. To the north are residential apartments in Linder Springs,
zoned C-G. To the east is an auto repair shop, Christian Brothers, zoned C-G. To the
south is West McMillan Road and future commercial uses, zoned C-N. And to the west is
a retail store, Walgreens, zoned C-G. The Comprehensive Plan future land use map for
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October 1, 2015
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this property -- designation for this property is commercial. The applicant is requesting a
conditional use permit for a drive-thru establishment within three feet of another drive-thru
establishment, that being the Walgreens, and extended hours of operation of 24 hours a
day, seven days a week, for a convenience store, restaurant, fuel facility and drive-thru
restaurant in a C-G zoning district. The drive-thru is for a fast food restaurant located
within the Stinker Station proposed on this site. Just for clarification, the convenience
store, restaurant and fuel facility are permitted uses in the C-G zoning district, only the
drive-thru and extended hours of operation require conditional use app roval. Access to
the site is proposed primarily via West McMillan Road via the two access points you see
here with the pointer and also available via Linder Road and that is off the site plan here
to the west. Access via McMillan and Linder and internal cross-access easements were
approved and constructed with the subdivision. The street buffer along McMillan Road
already exists on this site. That was constructed with the subdivision improvements.
Because there are residential uses to the north a 25 foot wide landscape buffer is required
to buffer the commercial use from the residential uses and you can see on the site plan
here the existing apartment complex here at the top. Because there are residential uses
to the north -- excuse me -- the applicant is only proposing a buffer that ranges from
seven to 11 feet between the drive-thru and the backage road, with a six foot tall CMU
sound and screen wall and that is located within the buffer right here where my pointer is.
The applicant requests -- plans to request Council review of a reduced buffer width as
allowed by the UDC and that will take place after the Commission decision on this
application. Building elevations were submitted for the convenience store restaurant as
shown. Materials consists of synthetic stucco and aluminum composite panels with stone
veneer accents. The UDC design standards do not currently allow prefabricated steel
panels as a primary finish material, but does allow it as an accent material. The material
for the front elevation is primarily metal and should be revised accordingly or the applicant
may apply for alternative compliance prior to or concurrent with the certificate of zoning
compliance. Because of the noise associated with the speakers and the traffic and car
stereos for the drive-thru establishment and the reduced buffer width proposed , staff does
not support the request for extended business hours of operation for the drive-thru in such
close proximity to a residential development. However, staff is amenable to the request
for extended hours as proposed for the convenience and the restaurant -- convenience
store and the restaurant and the fuel facility, as there is a greater separation between
those uses and the residential development. Written testimony has been submitted from
James Marsh, the applicant's representative, in agreement with the staff report and from
Chip Gallagher, the managing members of the Linder Springs Apartments to the north.
He is in support of the applicant's request for a drive-thru and for the 24 hour operation of
all uses on the site. Staff recommends approval of the drive-thru establishment and
extended hours of operation for the convenience store and restaurant and fuel facility, but
recommends denial of the extended hours of operation for the drive-thru. Staff will stand
for any questions Commission may have.
Yearsley: Are there any questions? Thank you. Would the applicant like to come
forward? And please state your name and address for the record.
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Marsh: For the record Jim Marsh with CSHQA Architects. 200 Broad Street, Boise,
Idaho. I think Sonya did a good job of explaining the project here. A couple of small
clarifications on the sound wall that's facing the Christian Brothers as well, that's
positioned in order to mitigate any speaker noise that might be on that particular elevation
as well. Otherwise, we are excited to be in front of you tonight and at this time we are in
agreement with the staff report and all the conditions held within, as well as the reduction
of the hours for the drive-thru facility and would stand for any questions that you have at
this time.
Yearsley: I have a question for you. The sound wall, you said that there is one that's
going to be on the side by the existing -- the automotive; is that correct?
Marsh: There is, yeah. There is kind of a heavy black line in there --
Yearsley: Yes. But that doesn't come up and kind of curve around at all, is that correct on
that little corner?
Marsh: That's correct. And some of the reasons for that is working with security pieces
and trying to not make corners or things that people can hide behind, so having single
planes of walls typically are the most secure way of -- of handling that. So, the question
that came up with Chip when he -- the Linder Springs developer. We had the possibility of
an order board on that side of the building and so that faces actually more towards
McMillan Road, but there is a possibility that some sound might start to travel towards that
building that you can see on his plan. So, that portion was added at his request to help
mitigate any sound transmissions into that direction.
Yearsley: Okay. I was a little concerned about, you know, in the evenings or something
like that you would have a lot of lights from the cars hitting the Springs and I didn't know
what mitigation you were planning for that, if any.
Marsh: There is a pretty hefty landscape plan there --
Yearsley: Okay.
Marsh: -- that you can see, the trees and the power shrubs in that regard, as well a s from
that point is where they are turning it's about 40 feet or so to where they have a six foot
tall cedar fence on their property line as well.
Yearsley: Okay.
Marsh: So, we didn't see a real impact for that, but we would certainly work with staff if
that's something that we need to consider.
Yearsley: Okay. I understand the safety concerns on the corner with the fencing and stuff
like that. So, that -- you know, the landscaping -- I just wanted to clarify that.
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Marsh: Sure.
Yearsley: Any other questions? Okay. Thank you.
Marsh: Thank you.
Yearsley: I have a couple of people signed up. Charlie Jones. Would you like to testify?
Okay. Chris Kelson. Would you like to come forward. Absolutely. Please come forward.
So, speak into the microphone. Name and address for the record.
Kelson: For the record my name is Carly Kelson and my address -- I live in Eagle, but I
am co-owner of Kelson Orthodontics with my husband there and we own part of that
commercial property, so we are invested as well. So, I appreciate -- I'm pretty
impassioned about this. I have three minutes, so I will try and get through it. Your -- your
plan is much cleaner than my plan. This is my art project for the day. But I did want to
stress the reason I'm here is that I actually oppose the Stinker Station going in where it's
going in. The architects did a beautiful job. Honestly, that 's gorgeous. I love it. I think -- I
think if that were the only thing that architecturally that was an issue we wouldn't have an
issue clearly. But the issue is that we -- our business is the love of children and we have
-- we treat many children in that area and on more than one occasion in that area I just
wanted to bring to your attention the safety issues of all this traffic flow. We are a high
turnover -- 15 minutes in and out. Sonic is a high turnover in and out. Dutch Bros is a
high turn over in and out. And on that apartment complex you can see here that we have
entrances coming in and out through here. The sit uation we have is we have children
coming from Rocky Mountain. They love Dutch Bros. They love Sonic. The kids coming
from Lochsa Falls, coming from Bridgetower, coming from the new development up here
off of McMillan, they are there on their scooters e very day after school, during lunch, they
are there riding around with no parent supervision and I have on more than one occasion
-- twice now seen two children almost run over. Two kids six and five years are on their
scooters, there are safety hazards. I have them marked in X, those being right here
where the proposed Stinker Station wanting to be put in, we have a four way -- there is a
four way pass through, there is really no stop signs, no stop -- no flow of traffic.
Walgreens has their drive-thru right here. This is a road that goes out to Linder. On the
hours of 2:00 -- 1:30 to about 4:30 both Walgreens and Sonic have two semis out there,
so -- for their supplies that block that alley. So, there is absolutely to way that even off of
Linder anybody can make a right-hand turn, even though that is passable. There is a
dumpster right here off of Sonic, which is right at this blind corner of where the Stinker
Station is going to be and the Walgreens corner and the Sonic corner and on that
dumpster is where we have video, where the children will walk behind Sonic, come back
out here and someone is making a quick right, they almost got hit on their scooters. With
the heavy, you know, landscaping that was discussed, I find that to be even more
problematic. Not only is there a blind corner here, you keep going down further, this is the
entrance from Linder and our office where we are also equally busy and it curves here
and so there is a blind corner here where these people are turning out and they can not
see children. So, I videoed it myself. The other issue is that we have got parents parking
here waiting for their Rocky Mountain kids, parked all along here and, then, not only that,
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October 1, 2015
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from the apartments, the apartments have not allowed for adequate p arking for their
tenants. They are also parking along both sides all the way down and on around the
corners. So, not only do we have those issues, but these are kids who are walking,
hanging out and they are in danger and I have video of it. I have asked the -- you know,
people in the neighborhood are you okay with this. They are not. And so we are just
frightened by having another quick turn over, in and out car race that's going on and,
finally, I wanted to point out that -- I can see why this would seem to make sense, but if
you are in there these are not back -- frontage roads, they are not back roads, they are
the road. The apartments are, obviously, not supposed to be there in the plat when we
bought two years ago, it was supposed to be open for a grocery store, which would allow
a little bit more flexibility in driving of cars, but what has happened now is i t has shrunk
everything, so this is the passageway through every -- all of the traffic flow. So, that is my
statement and I would really encourage the City of Meridian to really think about the safety
of their -- of their children in that area. We have Sawtooth there. Meridian. Rocky
Mountain High School, Challenger School, Hunter Elementary, Heritage Elementary and a
middle school. There is a lot of children that want to hang out there and it's a cool
environment, except that you have got bikes and you have got kids and you have got
cars and teenagers with their souped trucks and their loud music, texting and zooming in
and out and I have video of all of that, which I sent to Barbara, which she sent it to Sonya
Watters. So, if you will, please, consider that. I would hate for -- I don't know who gets a
lawsuit when that happens and someone does get hurt, I mean is that the developer or
City of Meridian? I just don't know the answer, so I'm just bringing it to your attention that
we are there every day, we see it, I filmed it, my heart goes out to those families, they
don't know what's going in and I'm here to emphatically ask you to, please, reconsider not
putting a Stinker Station in and no offense to you as a business owner, I love your idea,
but it's just not compatible with that environment. Thank you.
Yearsley: Thank you.
Oliver: Could I ask --
Yearsley: Can you come back up? We have a question for you if you don't mind.
Kelson: I don't. Thanks.
Oliver: So, it sounds like to me that you're really not opposed to the Stinker Station more
than you're just worried about traffic concerns and how you could minimize the da nger of
that street being maximized without children getting hurt.
Kelson: So, the Stinker Station itself -- again with no disrespect to Stinker Station. It's the
most beautiful Stinker Station I have seen. I would appreciate, from a business
standpoint, to keep the value of everybody around, that they take into consideration who
they hire and who hangs around the Stinker Station. It's not one of the most upscale gas
stations around. No disrespect. I do love the architecture. But I am concerned wi th those
who hang around that area as far as safety within the Stinker Station. We are talking
about it being open 24 hours a day, seven days a week. I just don't see in that plat of land
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how you can get people in and out safely and knowing -- when you're there -- if you were
there to watch you would see the kids crossing over McMillan into that area. There is just
really no room on those streets. The front of the street is very bare minimal where you're
going to have -- not have the overlap of kids han ging out, going in and getting an icy,
slushy and, then, B bobbing over the Sonic, Sonic over the Dutch Bros. If you see them
they just kind of hang out. Yeah.
Oliver: And how many -- how many -- what am I trying to say? How many people -- how
many cars per day do you think enter your business?
Kelson: Oh, our personal business at least a hundred.
Oliver: And are they using that as well -- that street as well for exit --
Kelson: They are using that street as well. Because our parking lot ope ns up to that main
road that is in between us and the apartment complex and we also are parking the road --
that's how you enter our parking lot is through McMillan into -- you make a left-hand turn
into our parking lot. But kids have been backing up -- you know, just -- there is just a lot of
nobody paying attention as far as how many children are there. I see anywhere between
200 children walking home between the hours of 2:00 and 4 :00 and, then, after that be it
parents aren't home, be it they say, yea h, go play with friends, I'm not sure, but at Sonic
they have increased -- I mean they have an indoor facility now and bike racks everywhere
and there is probably at least at any given time 55 kids out front there and that's younger
kids and, then, if you look at Dutch Bros with their loud bobbing music, which we do love, I
think it's cool, but it is a -- it is a social mecca. It's more than like a football -- you know,
after school game. It's really fun for them, but I just -- like I said, if you were out there any
of those times you will see the lunch rush from 11:00 to noon. The school rush in the
morning from 7:00 until 8:30 and, then, afternoon walk home and hang out from 2:00 to
6:00. Again, I'm not sure working parents and such, but it's -- it is a problem.
Oliver: So, again, it's just not the fact that it's not Stinker Station, it's just the amount of
additional traffic that's going to be added to it. You just want to make more than what they
already --
Kelson: So, specifically -- yeah, it's not disrespect to the Stinker Station. I actually would
be -- you will see me again if there is another high traffic flow, any business that promotes
a high traffic flow you will see me in here again trying to talk about the safety, because it's
that quick turn over. We see a hundred, you have seen Sonic and how quickly they turn
over. They are fast. You know, we love it , right? The Sonic, Pepsi or Coke. So, it's
great. That also has two lanes. They are incredibly fast as well.
Oliver: Okay. Thank you very much.
Kelson: You're welcome.
Yearsley: Thank you. Chris Kelson, do you want to --
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C.Kelson: Not sure if I can follow her, but I will try.
Yearsley: That will be tough.
C.Kelson: I grew up here --
Yearsley: Name and address for the record.
C.Kelson: Excuse me. Chris Kelson of -- I'm the owner of 5004 North Linder, Kelson
Orthodontics. Building this office has been my dream for about 20 years. We -- we found
this site when Rocky Mountain was under construction and we thought this is the perfect
spot. It's in Meridian. Meridian's a progressive city. They are doing great things, bringing
lots of people in, we have got the school -- we have got the two middle schools -- I mean,
really, there couldn't be a better place for an orthodontic office. And that's been proven.
We are doing fantastic. We have had a great start. I didn't think I would ever say that we
have too many people coming through, but we really do. There are so many cars -- I love
Dutch Bros. They have a cool shtick and they are fun and it's amazing to me how they
can get two lines of cars ten deep running nearly 24 hours a day and they do a great job
of moving them in and out. There is a lot of cars. We see about a hundred patients a
day. That's about 200 cars a day, because people come, drop off, leave and, then, return.
I'm not sure how you count those trips. But it's a lot of cars in and out. We picked that
site that we are on specifically for ease of access, because it's the first in and out loc ation
with -- to make it easier for our families to get in and out of there. We have a lot of kids
just walk into the office from the surrounding residences. It's one of the reasons we are so
well liked by the community, families can just send the kids t o us walking and at first that
seemed great. Now Sonic -- Dutch Bros and Sonic has doubled that traffic. At the point
we are now it's already a hazard. To bring in an additional high traffic business I feel is
foolhearted. I maybe in hindsight foolishly thought the developer would surely develop in
a responsible way and, then, I saw the apartments go up -- they are attractive apartments,
but the way they have access is right onto -- not out to the main arteries, but right into my
parking lot. In fact, if we would have known how the apartments -- the development was
going to shake out we would have probably altered our apartment -- or parking lot. As it is
now we have a little doggie potty area for all the dogs in the apartment complex to come
use our grass and for everybody to come and smoke in our parking lot. So, from a
loitering standpoint we need to increase our surveillance, so that the quality of the
experience in that area is not what we had anticipated. Relying on the developer has
proven not to be a safe way to insure the best interest of the community. In speaking with
C.J., who I understand is part of the organization, he helped me understand that it's not
the developer's responsibility, nor is it the Commission's responsibility to insure c ertain
traffic counts do or do not happen within the development, but their jurisdiction ends at the
road. ACHD. And so that really leaves the internal aspect of Paramount Marketplace to
whoever wants to buy a lot and put whatever they want in there and we are already at a
ridiculous level. So, the only people -- the only group -- the only body that has any
jurisdiction over this is this body and my understanding is this body was created to be able
to use judgment, to be able to see between what is writt en in black and white in the
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planning and zoning regulations and what is best for our community. It doesn't take very
long being out in that area to see that what is currently going on is probably not the best
and safest situation and to add other high use, high traffic businesses into that area is
reckless. Especially with the layout. As a business owner I want as much visibility and
traffic as I can, but I also want safety for my patrons. I want to have an environment
where the families that come to u s feel that they are in a good, safe place, not throwing it
to the wind. I don't want to lose families coming to my practice because they don't feel
they are in a safe place and to add a gas station of any kind, not -- not just a Stinker, but
any gas station would be the wrong decision. In addition to that, with the 300 foot
requirement, which is the reason for the conditional use permit, I think we fall under a
hundred feet between the Walgreens and the proposed site. Then with the Sonic that's
well within 150 feet, maybe also breaking that hundred foot barrier and, then, the Dutch
Bros is also breaking the 300 foot. So, it's not one instance of being less than 300 feet,
it's three and if you include the -- the Stinker Station that's four that are within 300 feet of
each other. And they are not just single drive aisles, there are double drive aisles. So,
the traffic is far exceeding what this small little development should be able to handle.
Thank you.
Yearsley: Thank you.
C.Kelson: Any questions? All right.
Yearsley: Next on the list is Steve Watts. Do you want to come forward or -- you don't
have to. You're just signed up. Just thought if you did want to testify -- you don't have to.
It does go on the record, so -- all right.
Watts: Steve Watts with Stinker Stores. 300 North Orchard Street in Boise, Idaho.
83706. And I'm here in support of Stinker Stores. Appreciate all of the -- the thoughtful
comments and all of the thought that went into, you know, your caring of children and
safety and we absolutely feel the same way. What I would share with you about our
design is, you know, we absolutely cater to safety. We have a number of locations that
are near high schools, much like this one will be. A number of locations that cater to walk-
in traffic, foot traffic, and absolutely consider safety our top priority. I think you will see
from looking at the location that the -- the ingress-egress has been designed for easy flow.
Easy flow of drive-in, drive-out access, walk in, walk out. The lighting plan absolutely
caters to safety and certainly one of our top priorities as it is -- as it is yours. Regarding
your comments about employees, we absolutely agree. In fact, we step it up. I guess we
need to find out where your shopping, because we pride ourselves in hiring the best
employees out there, so -- that sounds great. That sounds great. I'd love to sit next to
you in the interview process. So, the short of it is we agree with that and we absolutely --
you know, we rely on our employees to keep an eye out for safety, to manage safety, to
help our customers and I get more calls than anything else raving about what our
employees do for our customers and that ranges from children to elderly and everything in
between. So, to share with you I'm absolutely on your side and agree with the need for
that and certainly that will be in our plans as well. I'm happy to answer any other
questions anybody has.
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Yearsley: Any questions. No? Thank you.
Watts: Thank you.
Yearsley: Would the applicant like to come forward? Again, name and address, please.
Marsh: Yeah. Jim March. CSHQA Architects. 200 Broad Street. Certainly appreciate
their concerns on the safety as well. And I can kind of point out some of the -- the safety
discussions that -- internally with Stinker that we have had, even as we look at the -- the
drive-thru and curves around the back of the building. You know, as we were talking
about the corners on the wall, we left a wide swath of that open where the crosswalk is to
cross from the back, so that any of the vehicles that are coming in that direction have a
wide view of anybody that's coming across in that regard. Same thing as the wall, it kind
of carries over to the west, that we terminate the wall even with the building. So, the time
for the cars to be able to pull up a full car length and be able to have views left and right,
to have as much visibility as they are making their running motions to -- as well as, you
know, discernable textures for crosswalks a nd such like that. I have been lucky enough to
work with the Stinker group on a couple of projects here and one of the first ones we have
worked on was the Hyde Park remodel down in downtown Boise and it's more of a
neighborhood market, they certainly wan t to be -- bump up to a market leader in this case
where it's -- it's more of a market in a neighborhood area. They have a great relationship
with the local police and all the areas. It's often a harbor spot and a stop spot for the
police as they are patrolling at night and stuff as well. So, you know, from a safety
standpoint there is -- there is a lot to be said for that. We would certainly -- we would be
willing to work with staff if there is any traffic measures that we can do to assist slowing
down traffic, whether the opportunity is there for -- on the rear access between the -- on
the north side of the drive-thru if there needs to be a speed bump or something there to
slow the traffic down and to make drivers a little bit more aware, but with that I would
answer any questions that anybody else has.
Yearsley: Any other questions? Thank you.
Marsh: Thank you.
Yearsley: So, I actually have one of staff before we close the public hearing. That road
behind -- those access roads behind those, are those private roads or are they ACHD
streets?
Watters: Chairman Yearsley, Commissioners, they are just private driveways.
Yearsley: Now is -- and you may not know this. Is there an association that maintains
that or is it just the responsibility of the business owners and the apartments to maintain
that road?
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October 1, 2015
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Watters: I do not know that for sure. I believe it's the business owners association that
maintains it.
Yearsley: Okay.
Watters: The plat has a cross-access easement on it for all these roads, for the two
accesses on McMillan in front of this site, the driveways north and, then, the one at the
north boundary of this site across to Linder and, then, this one on the left also extends
clear up here as you see -- I'm sorry, you can't speak from the audience.
Yearsley: So -- okay. I -- absolutely. That was my question, so --
Oliver: I have a question of staff as well. My question I guess is this is already a zoned
commercial property anyway; correct? And it is not a question of whether approving the
whole stinker station project, rather than just looking simply at approving a drive up -- a
drive-thru and that was it. That's all we are looking at tonight.
Watters: That is correct, Chairman Yearsley, Commissioner Oliver. The convenience
store, the restaurant in the convenience store and the fuel facility are all principal
permitted uses in the C-G district. They do not require conditional use permit approval.
The only thing that requires conditional use is the drive -thru and extended hours of
operation.
Oliver: I just wanted to make that clear to everybody to understand that we are not
looking at whether we are going to approve the Stinker Station or not, it's whether we are
going to approve the drive-thru and the hours in which it will operate.
Watters: Thank you.
Oliver: So, I just wanted to make sure that we understand that. Thank you.
Yearsley: Thank you. Any -- go ahead. Absolutely.
Wilson: Just -- the reduced buffer, is that -- is that recommendation -- are we going to
make that recommendation of that reduced buffer or is it going to be considered by City
Council? I just need clarification on that.
Watters: Chairman Yearsley, Commissioners, Commissioner Wilson, you aren't
necessarily a recommending body on that.
Wilson: Okay.
Watters: You are the decision making body on the conditional use permit request before
you. They are asking City Council review.
Wilson: Okay.
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October 1, 2015
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Watters: So, that is --
Wilson: I just wasn't clear what that was.
Watters: Yeah. Right. So, that's a decision they make.
Yearsley: Okay. Any other questions? All right. So, at that point I would like to close the
public hearing on CUP 15-016 -- or I guess entertaining a motion for that. I'm sorry. We
are done.
Wilson: Mr. Chairman?
Yearsley: Go ahead.
Oliver: I move that we close the hearing on CUP 15-016.
Wilson: Second.
Yearsley: I have a motion and a second to close the public hearing on CUP 15-016. All in
favor say aye. Opposed? Motion carries.
MOTION CARRIED: THREE AYES. TWO ABSENT.
Yearsley: So, thoughts, comments? Anyone want to go first or do you want me to -- all
right. I will start off. So, as Commissioner Oliver did state , you know, we are here to only
determine if the drive-thru is an appropriate use and the hours of operation. I understand
the concern that you have. You know, I realize that that is a bad situation back there. But
I don't -- I don't believe that denying an application that's already a permitted use is an
appropriate use and, really, all we would be denying would be the drive -thru and I don't
see the drive-thru being detrimental to the site. I do recommend, as you as business
owners getting with your adjacent business owners and try to come up with solutions to
solve the problem. You know, that is a private road, it's owned by you and the other
businesses in that area. I would recommend getting together and you either come up
with, you know, speed bumps or some traffic calming measures, some -- maybe putting in
some sidewalks or something like that to help make pedestrian safety a little bit more --
more amenable, you know. Stinker is wanting to be safe as well, so you're all in this
together and so that -- that would be my recommendation. I do think that the 24 hours a
day is -- use is okay, but I don't think it's good for the drive -thru to be open the 24 hours.
So, I do agree with staff recommendations on that, so -- so, that’s kind of what -- all I
have.
Oliver: I agree the same thing. I have no problems with what I'm seeing in all, but I am in
agreement with the -- limiting the hours of the drive-thru. Other than that I would say it's
fine.
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October 1, 2015
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Wilson: I would agree and also be in agreement with limiting those drive hours.
Yearsley: Okay. With that I would entertain a motion.
Watters: Ma'am, you can't speak from the audience. The public hearing is closed.
Yearsley: It's already been closed. So -- yeah. I'm sorry. Well, we can talk, but not on
the -- we can talk after the motion is made and stuff like that. Okay.
Parsons: Mr. Chairman?
Yearsley: Yes.
Parsons: If I may. We did receive your video. I want you to know it's not unnoticed. It is
part of the public record. We gave it to the city clerk, so she has it as part of the
searchable documents, so --
Hill: Sonya, I -- we talked about this. But I couldn't open them. I received them, yes.
Yearsley: At this time I don't think that's going to change my recommendation at this
point. Is it going to change -- okay. So, we -- let's -- we have already closed the public
hearing, so we cannot -- absolutely. So --
Oliver: Mr. Chairman?
Yearsley: Commissioner Oliver.
Oliver: After careful consideration of all staff, applicant, and public testimony, I move to
approve file number CUP 15-016 as presented during the hearing of October 1st, 2015.
With the staff's modification that the drive-thru be restricted -- or with staff
recommendations.
Yearsley: Yes. I think that will work
Wilson: Second.
Yearsley: I have a motion and a second to approve file number CUP 15-016. All in favor
say aye. Opposed? Motion carries.
MOTION CARRIED: THREE AYES. TWO ABSENT.
Yearsley: Thank you. Next item on the agenda is the -- to adjourn. So, could I get a
motion to adjourn?
Wilson: Mr. Chair?