Loading...
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. Meridian Planning & Zoning Commission October 1, 2015 Page 2 of 15 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? Meridian Planning & Zoning Commission October 1, 2015 Page 3 of 15 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 Meridian Planning & Zoning Commission October 1, 2015 Page 4 of 15 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. Meridian Planning & Zoning Commission October 1, 2015 Page 5 of 15 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. Meridian Planning & Zoning Commission October 1, 2015 Page 6 of 15 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, Meridian Planning & Zoning Commission October 1, 2015 Page 7 of 15 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 Meridian Planning & Zoning Commission October 1, 2015 Page 8 of 15 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 -- Meridian Planning & Zoning Commission October 1, 2015 Page 9 of 15 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 Meridian Planning & Zoning Commission October 1, 2015 Page 10 of 15 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. Meridian Planning & Zoning Commission October 1, 2015 Page 11 of 15 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? Meridian Planning & Zoning Commission October 1, 2015 Page 12 of 15 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. Meridian Planning & Zoning Commission October 1, 2015 Page 13 of 15 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. Meridian Planning & Zoning Commission October 1, 2015 Page 14 of 15 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?