2007 06-21
Meridian Planning and Zoning Meeting
June 21. 2007
Meeting of the Meridian Planning and Zoning Commission of June 21, 2007, was called
to order at 7:00 p.m. by Chairman Michael Rohm.
Members Present: Michael Rohm, Tom O'Brien, David Mae, Steve Siddoway and
Wendy Newton-Huckabay.
Others Present: Ted Baird, Machelle Hill, Caleb Hood, Scott Steckline, Amanda
Hess, Sonya Watters, Bill Parsons, and Dean Willis.
Item 1:
Roll-Call Attendance:
Roll-call
X Wendy Newton-Huckabay X Tom O'Brien
X David Moe - Vice Chairman X Steve Siddoway
X Michael Rohm - Chairman
Rohm: All right. At this time I'd like to open the regularly scheduled meeting of the
Planning and Zoning Commission and begin with the roll call of attendance.
Item 2:
Adoption of the Agenda:
Rohm: Okay. Thank you. The next item on the agenda is the adoption of the agenda
and there are a number of changes to that agenda tonight and before we adopt I think I
will just go through those changes and we will go from there. Items 4, 5, and 6, all
related to -- well, Pinebridge Development, it's been recommended from our staff that
we continue this -- these items to the regularly scheduled meeting of July 19th, 2007,
and we'll be doing so. Item NO.8 is Amar @ Wapoot Project. The applicant failed to
post and we will be continuing that to the regularly scheduled meeting of July 5th, 2007.
Item No.9, Paramount Commercial Southwest, notice was not properly done and it will
be continued to the regularly scheduled meeting of July 5th, 2007. Item No. 10,
Queenland Acres, will also be continued to July 19th, 2007, due to improper posting.
Item 11, Valley Shepherd on Meridian, notice was not properly done. This item will be
continued to July 19th, 2007. And Items 12 and 13, Gardner-Ahlquist Gateway South
was not properly done -- notice was not properly done and it will be continued to the
regularly scheduled meeting of July 5th, 2007. Those changes to the agenda will be
made and other than that the agenda will remain as stated. Could I get a motion to
accept the balance of the agenda?
Moe: So moved.
Siddoway: Second.
Meridian Planning & Zoning Commission
June 21, 2007
Page 2 of 10
Rohm: It's been moved and seconded to accept the modified agenda. All those in favor
say aye. Opposed same sign? Motion carried.
MOTION CARRIED: ALL AYES.
Item 3:
Consent Agenda:
A. Approve Minutes of May 17, 2007 Planning & Zoning Commission
Meeting:
B. Findings of Fact and Conclusions of Law for Approval: CUP
07-011 Request for Conditional Use Permit for 12 multi-family
residential units on one acre in an R-15 zone for Strate
Apartments by Gene Strate - 911 East Pine:
Rohm: Item 3 on the agenda is the Consent Agenda and there are two items on this.
The first item being the approval of the minutes from the regularly scheduled meeting of
May 17th, 2007, and Item B being the Findings of Fact and Conclusions of Law for the
approval of CUP 07-011 related to the Strate Apartments. Could I get a motion to -- first
of all, is there any changes to the minutes of May 17th?
Moe: I have none.
Siddoway: I have none.
Rohm: Okay. Could I get a motion to accept the Consent Agenda?
Moe: So moved.
Siddoway: Second.
Rohm: It's been moved and seconded to accept the Consent Agenda. All those in
favor say aye. Opposed same sign? Motion carried.
MOTION CARRIED: ALL AYES.
Item 4:
Continued Public Hearing from May 17, 2007: AZ 07-006 Request for
Annexation and Zoning of 94.69 acres from RUT to a C-G zone for
Pinebridge by Stanley Consultants - south of E. Fairview Avenue, east of
N. Locust Grove Road and west of N. Eagle Road:
Item 5:
Continued Public Hearing from May 17, 2007: RZ 07-010 Request for
a Rezone of 75.67 acres from I-L and L-O zones to a C-G zone for
Meridian Planning & Zoning Commission
June 21, 2007
Page 3 of 10
Pinebridge by Stanley Consultants - south of E. Fairview Avenue, east of
N. Locust Grove Road and west of N. Eagle Road:
Item 6:
Continued Public Hearing from May 17, 2007: PP 07-008 Request for
Preliminary Plat approval of 61 building lots and 21 common lots on 170
+/- acres in a proposed C-G zone for Pinebridge by Stanley Consultants
- south of E. Fairview Avenue, east of N. Locust Grove Road and west of
N. Eagle Road:
Rohm: Okay. At this time I'd like to open Items 4, 5 and 6, the continued Public
Hearing from May 17th, 2007, of AZ 07-006, RZ 07-010, and PP 07-008, for the sole
purpose of continuing to the regularly scheduled meeting of July 19th, 2007.
Newton-Huckabay: So moved.
Mae: Second.
Rohm: It's been moved and seconded to continue Items 4, 5, and 6 to the regularly
scheduled meeting of July 19th, 2007. All those in favor say aye. Opposed same sign?
Motion carries.
MOTION CARRIED: ALL AYES.
Item 7:
Continued Public Hearing from June 7, 2007: CUP 07-009 Request for
a Conditional Use Permit for a drive through window in a C-G zone within
300' of a residential use and another drive through window for Louisiana
Fried Chicken Drive Thru by Kimball Properties/Winston H. Moore -
2845 E. Overland Rd:
Rohm: Okay. At this time I'd like to open the Public Hearing from -- continued from
June 7, 2007, of CUP 07-009 and begin with the staff report.
Watters: Thank you, Chairman Rohm, Commissioners. The application before you is a
Conditional Use Permit for Louisiana Fried Chicken for a drive-thru window. It's within
300 feet of another drive-thru facility and within 300 feet of residentially zoned property
and residences. The property is right there. We've got residences in the county, zoned
R-1 to the north, and you have commercial property surrounding it on the south, east,
and west side. Here is a site plan. You guys saw this recently for Dickie's Barbecue.
They also applied for a drive-thru window here on the west side of the building. This is
Overland Road right here. The proposed drlve-thru Is on the south side. Right here. A
copy of the landscape plan. If you will notice here, this is the -- where traffic comes
around for the drive-thru on this one and, then, they make an exit here around the south
side here. The drive-thru for Louisiana Fried Chicken will be right through here. So,
Meridian Planning & Zoning Commission
June 21, 2007
Page 4 of 10
traffic flows fairly well on the site. And here is a copy of the elevations of the existing
building on the site. That's all staff has, unless the Commission has questions.
Rohm: Any questions of staff?
Siddoway: Just one for clarification, Mr. Chairman. So, the south elevation is the one
that would include the new drive-thru?
Watters: Chairman Rohm, Commissioner Siddoway, Commissioners, yes. The
southern elevation is where the drive-thru window is.
Siddoway: Thanks.
Rohm: Okay. Thank you very much. Before we -- well, is there anyone from the -- in
the audience here to speak to this?
Baird: Mr. Chair, I believe he just walked in, the applicant.
Rohm: Okay. Well, perfect. Would the applicant like to come forward, please.
Seal: Yes. I wish I could time this always this well. Jonathan Seal, W.H. Moore
Company, 1940 Bonito. We have reviewed the staff report and we have no objections.
We are in agreement and unless you have any questions I will sit down or stand up.
Rohm: Okay. Thank you very much. Any questions of the applicant?
O'Brien: Just one, please. The building's already in operation now?
Seal: Yes, it is. The building was constructed as the core and shell about 18 months
ago. As was mentioned probably -- and, I'm sorry, I wasn't here earlier, but the drive-up
over there on your west side is in operation right now and, of course, the one for
Louisiana Chicken, the only reason we need that is because of the proximity to the
other one. So, there is several tenants already in the building, which, obviously don't
require a drive-up.
O'Brien: Which direction will they be -- the vehicles approaching the window?
Seal: They will be coming -- they will be entering -- let's see. I have to -- they will be
entering this way, because the driver's side window will be on that side and coming out
this way.
O'Brien: Will there be an exit right out to Bonito Way?
Seal: Yes, they wilL Or they will becoming down here_
Meridian Planning & Zoning Commission
June 21, 2007
Page 5 of 10
O'Brien: Okay. Thank you.
Rohm: Any other questions of the applicant? Okay. Thank you. There is nobody that
is signed up to testify to this application, but if there is anyone that would like to come
forward now is that time and offer testimony. Thank you. Could we get a motion to
close the Public Hearing?
Moe: So moved.
Newton-Huckabay: Second.
Rohm: It's been moved and seconded to close the Public Hearing on a continued
Public Hearing from June 7th, 2007, of CUP 07-009. All those in favor say aye.
Opposed same sign? Motion carried.
MOTION CARRIED: ALL AYES.
Rohm: Any discussion on this application before we request a motion to move this
forward?
Siddoway: Just one, the -- Mr. Chairman, the -- I just want to make sure that there has
been enough analysis done of the circulation patterns that we are not going to
experience conflicts of the drive-thrus, similar to what we sometimes see at -- the A&W -
KFC site comes to mind. But I would -- I guess I would just ask staff if they have looked
at this and feel confident that those types of conflicts are not present.
Watters: Chairman Rohm, Commissioner Siddoway, Commissioners, staff has looked
at that. Like I mentioned earlier, traffic can come in here, if they are going to this
southern most drive-thru they can drive around this side here and in here. These little
lanes here provide for, you know, kind of escape routes, more or less or, you know,
driveways to the southern end of the site, so --
Siddoway: That's all. Thank you.
Rohm: Good. Thank you. Any other discussion? Okay.
Moe: Mr. Chairman?
Rohm: Commissioner Moe.
Moe: After considering all staff, applicant, and public testimony, I move to approve file
number CUP 07-009 as presented in the staff report for the hearing date of June 21 st,
Meridian Planning & Zoning Commission
June 21, 2007
Page 6 of 10
2007, and ask staff to do -- direct staff to prepare Findings of Fact and Conclusions of
Law for approval. End of motion.
Newton-Huckabay: Second.
Rohm: It's been moved and seconded to approve CUP 07-009, to include all staff
report, with direction to prepare Findings of Fact and Conclusions of Law. All those in
favor say aye. All opposed? Motion carried.
MOTION CARRIED: ALL AYES.
Item 8:
Continued Public Hearing from June 7, 2007: AZ 07-007 Request for
Annexation and Zoning of 1.56 acres from RUT to R-8 zone for Amar @
Wapoot by LandPro Development, Inc. - 2400 West Wapoot Drive:
Rohm: Okay. Okay. At this time I'd like to open Item No.8 on the agenda for the sole
purposes of continuing to the regularly scheduled meeting of July 5th, 2007. This is
Item No.8, AZ 07-007.
Newton-Huckabay: So moved.
Moe: Second.
Rohm: It's been moved and seconded to continue Item AZ 07-007 to the regularly
scheduled meeting of July 5th, 2007. All those in favor say aye. Opposed same sign?
Motion carried.
MOTION CARRIED: ALL AYES.
Item 9:
Public Hearing: PP 07-011 Request for Preliminary Plat approval for 18
commercial building lots on 18.5 acres in a C-G zone, for Paramount
Commercial Southwest by Ustick Marketplace, LLC - Northeast corner
of North Linder Road and West McMillan Road: (Re-Noticed for July 5,
2007)
Rohm: At this time I'd like to open Item No.9, PP 07-001, for the purpose of continuing
to the regularly scheduled meeting of July 5th, 2007.
Moe: So moved.
Newton-H uckabay: Second.
Meridian Planning & Zoning Commission
June 21, 2007
Page 7 of 10
Rohm: It's been moved and seconded to continue Item No.9, PP 07-011, to the
regularly scheduled meeting of July 5th, 2007. All those in favor say aye. Opposed
same sign? Motion carried.
MOTION CARRIED: ALL AYES.
Item 10:
Public Hearing AZ 07-009: Request for Annexation and Zoning of
22.67acres from R1 to C-G Zone for Queenland Acres by James Prather
- SEC of South Stoddard Road and West Overland Road: (Re-Noticed
for July 19, 2007)
Rohm: At this time I'd like to open Item No. 10, AZ 07-009, for the sole purpose of
continuing to the regularly scheduled meeting of July 19th, 2007.
O'Brien: So moved.
Moe: Second.
Rohm: It's been moved and seconded to continue Item No. 10, AZ 07-009 to the
regularly scheduled meeting of July 19th, 2007. All those in favor say aye. Opposed
same sign? Motion carried.
MOTION CARRIED: ALL AYES.
Item 11:
Public Hearing: RZ 07-012 Request for Rezone of approximately 22.7
acres from an R-B to a C-G zone for Valley Shepherd on Meridian by the
Valley Shepherd Church of the Nazarene - 150 West Maestra: (Re-
Noticed for July 19, 2007)
Rohm: At this time I'd like to open Item No. 11, RZ 07-012, related to the Valley
Shepherd on Meridian, for the sole purpose of continuing this item to the regularly
scheduled meeting of July 19th, 2007.
Newton-Huckabay: So moved.
Siddoway: So moved.
Moe: Second.
Rohm: It's been moved and seconded to continue Item No. 11, RZ 07-012 to the
regularly scheduled meeting of July 19th, 2007. All those in favor say aye. Opposed
the same sign. Motion carried.
MOTION CARRIED: ALL AYES.
Meridian Planning & Zoning Commission
June 21, 2007
Page 8 of 10
Item 12:
Public Hearing: AZ 07-010 Request for Annexation and Zoning of 6.67
acres from an R1 zone to a C-G zone for Gardner-Ahlquist Gateway
South by Ahlquist Development, LLC - SEe of Franklin and Eagle Roads:
(Re-Noticed for July 5,2007)
Public Hearing: PP 07-012 Request for Preliminary Plat approval of 6
lots on 6.67 acres in the proposed C-G zone for Gardner-Ahlquist
Gateway South by Ahlquist Development, LLC - SEC of Franklin and
Eagle Roads: (Re-Noticed for July 5,2007)
Rohm: At this time I'd like to open items number 12 and 13, AZ 07-010 and PP 07-012,
both Items related to the Gardner-Ahlquist Gateway South, for the sole purpose of
continuing these items to the regularly scheduled meeting of July 5th, 2007.
Item 13:
Moe: So moved.
Siddoway: Second.
Rohm: It's been moved and seconded to continue Items 12 and 13 to the regularly
scheduled meeting of July 5th, 2007. All those in favor say aye. Opposed the same
sign? Motion carried.
MOTION CARRIED: ALL AYES.
Item 14:
Findings of Fact and Conclusions of Law for Approval: CUP 07-009
Request for a Conditional Use Permit for a drive through window in a C-G
zone within 300' of a residential use and another drive through window for
Louisiana Fried Chicken Drive thru by Kimball Properties/winston H.
Moore - 2845 E. Overland Rd:
Rohm: Okay. At this time I'd like to open Item No. 14, Findings of Fact and
Conclusions of Law, for CUP 07-009.
Hood: Mr. Chair, that's actually not a Public Hearing item. It's the Findings. In
anticipation of the only Public Hearing item you actually heard this evening being
approved, Sonya has magically already prepared those Findings and if you have had a
chance to review them, there were no changes, as you may recall, so she's got the
written Findings there for your approval tonight, but it isn't a Public Hearing, so you don't
need to open it up.
Rohm: Okay.
Meridian Planning & Zoning Commission
June 21, 2007
Page 9 uf 10
Hood: It's just if you have any questions about how she's prepared those Findings. But
it is your written decision before you made it, so -- and you may recall we did that about
six months ago, we tried doing that and there were just too many changes to those and
we thought it easiest now to take them two weeks later for your radification of your
decision,but this one, due to the noticing error a couple weeks ago, we tried to get them
back on the same time frame they would have been on had the noticing error not
occurred. So, that's why it's on your agenda.
Rohm: Fair enough. Thanks very much. Is there any discussion to this item before we
move forward with it? Everybody's comfortable with --
Moe: Good job.
Rohm: Very good.
Newton-Huckabay: I just want to know how she did it.
Rohm: She is magical, like Caleb said.
Newton-Huckabay: Illusion.
Rohm: Okay. Then, at this time I'd entertain a motion to accept the Findings of Fact
and Conclusions of Law for CUP 07-009.
Moe: So moved.
Siddoway: Second.
Rohm: It's been moved and seconded to accept the Findings of Fact and Conclusions
of Law for CUP 07-009. All those in favor say aye. Opposed same sign? Motion
carried.
MOTION CARRIED: ALL AYES.
Item 15:
Discussion I Approval of Modifications to Planning Department
Checklist Forms:
Rohm: Okay. We are now to the last item on our agenda and that is discussion,
approval of modification of the Planning Department Checklist Form. Caleb, I'll turn that
over to you.
Hood: Thank you, Mr. Chairman, Members of the Commission. Just really quickly, just
some housekeeping type stuff on checklists. You know, our checklists in our application
forms are revolving. I did attach in your notes for this evening's meeting just the memo
Meridian Planning & Zoning Commission
June 21, 2007
Page 10 of 10
that I sent out, essentially, the staff report detailing those changes. I'm not going to run
through them. Most of them were just -- again, we were either getting information that
we didn't need with the application or there was some information we did need that we
weren't requiring at the time. So, really, again, just clean-up things in our checklist for
our development applications and our code does require that any substantive changes
come back to the Commission. Most of these are not, but we just wanted to let you
know that we are changing them and go on the record as changing those documents.
So, with that I will stand for any questions you may have about the changes we are
asking you to approve tonight.
Rohm: Any questions of staff?
Newton-Huckabay: I have none.
Rohm: I think you did a good job, Caleb. Thank you.
Mae: Stand up great job.
Rohm: Absolutely. Could I get one more motion?
Moe: I move we adjourn.
Siddoway: Second.
Rohm: It's been moved and seconded that we adjourn. All those in favor say say.
Opposed same sign? Motion carried.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 7:26 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS.)
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