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2008 05-01Meridian PlanninA and Zoninq Meetinq Mav 1, 2008 Meeting of the Meridian Planning and Zoning Commission of May 1, 2008, was called to order at 7:00 p.m. by Chairman David Moe. Members Present: Chairman David Moe, Commissioner Joe Marshall, Vice-Chairman Wendy Newton-Huckabay, Commissioner Michael Rohm, and Commissioner Tom O'Brien. Ofhers Present: Ted Baird, Machelle Hill, Sonya Watters, Scott Steckline and Dean Willis. Item 1: Roll-Call Attendance: Roll-call X Wendy Newton-Huckabay X Tom O'Brien X Michael Rohm X Joe Marshall X David Moe - Chairman Moe: Good evening, ladies and gentlemen. Welcome to the regularly scheduled meeting of the Planning and Zoning Commission for May 1 st, 2008. I'd like to call the meeting to order and ask the clerk to call roll, please. Item 2: Adoption of the Agenda: Moe: Thank you very much. Next thing on the agenda would be the adoption of the agenda and there are a couple changes, Commissioners. On the agenda, Items -- No. 4 is AZ 08-001, ~ the Overland Village, that hearing will be continued to our regular meeting of the 15fh of May. Along with that, Items No. 8 and No. 9, RZ 08-001 and CUP 08-005, for Trinity Assisted Living, will also be continued to the meeting of the -- of May 15th. Other than that, everything else will stay as is. So, could I get someone to make a motion to approve the adopted agenda? O'Brien: So moved. Marshail: I second. Moe: Motion to approve and second. All those in favor of the adoption of the agenda say aye. Opposed? That mofion carries. MOTION CARRI'ED: ALL AYES. Item 3: Consent Agenda: A. Approve Minutes of April 3, 2008 Planning and Zoning Commission Meeting: Meridian Planning & Zoning May 1, 2008 Page 2 of 40 B. Findings of Fact and Conclusions of Law for Denial: CUP 08- 002 Request for Conditional Use Permit for a drive through establishment in a C-G zone within 300 feet of another drive through facility for Sonic Southern Sprinqs by Boise Food Service - 1870 South Meridian Road: Moe: Next item on the agenda is the Consent Agenda. We have two items on the Consent Agenda, one being the meeting minutes of April 3rd, 2008, of the Planning and Zoning Commission meeting. And, then, B is the Findings of Fact and Conclusions of Law for denial of CUP 08-002 for Sonic Southern Springs. Any discussion or can I get a motion? , Newton-Huckabay: Mr. Chair, I move we approve the Consent Agenda as written. Rohm: Second. Moe: It has been moved and seconded to approve the Consent Agenda as noted. All those in favor say aye. Opposed same sign? That motion carries as well. MOTION CARRIED: ALL AYES. Item 4: Continued Public Hearing from March 20, 2008: AZ 08-001 Request for Annexation and Zoning of 9.06 acres from the RUT & R1 zoning districts in Ada County to the GG zoning district for Overland Villaqe by Relo Development - 3330 E. Overland Road: _ Moe: Okay. Well, we are still not in video, but we have got a couple other things we aan go ahead and do, at least right now. I will -- I am going to reopen the continued Public Hearing for AZ 08-001, for the sole purpose to continue it to the regularly scheduled P&Z meeting of May 5th -- May 15th, 2008. Rohm: So moved. Newton-Huckabay: Second. Moe: It has been moved and seconded to continue AZ 08-001 to the regularly scheduled meeting of the 15th of May. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Watters: We are working on it. Newton-Huckabay: Mr. Chair? Meridian Planning & Zoning May 1, 2008 Page 3 of 40 Moe: Commissioner Newton-Huckabay. Newton-Huckabay: Maybe we can go ahead and jump ahead to Items 8 and 9 and open those and confinue them as well while we are waiting for AV. Item 8: Public Hearing: RZ 08-001 Request to Rezone 0.32 acres from R-4 to O-T zone for Trinity Assisted Living by Elisha Ricky - 1353 W. 1 St Street: Item 9: Public Hearing: CUP 08-005 Request for Conditional Use Permit to operate a 24-hour Nursing Care Facility in a proposed O-T zoning district and conditional use approval for a site and building that does not meet the criteria of the Downtown Meridian Design Guidelines for Trinity Assisted Living by Elisha Ricky - 1353 W. 1 S~ Street: Moe: I think we can sure do that. Okay. So, I will open the Public Hearing for RZ 08- 001 and CUP 08-005 for Trinity Assisted Living for the sole purpose of continuing fhose hearings to the regularly scheduled meefiing of the 15th of May. Rohm: So moved. Newton-Huckabay: Second. O'Brien: Second. Moe: It's been moved and seconded to continue RZ 08-001 and CUP 08-005 to the regularly scheduled meeting of the 15th of May for Trinity Assisted Living. All those in favor say aye. Opposed same sign? Those motions carry. MOTION CARRIED: ALL AYES. Moe: I'm seeing somefhing on fhe screen, so we will -- we will go forward. At this time, before I do open the Public Hearing, I-- there is faces I haven't seen, so I kind of want to give you kind of a rundown on how the~process works here. I will open the Public Hearing and ask the staff to give an overview of the project. After they are done the Commission may have some questions of staff. If not, we will, then, ask the applicant to come forward. The applicant will have 15 minutes to review their project, after which time, then, anyone that has signed up in the back to speak in the audience, you will have three minutes to make your point known. After everyone fhat's been signed up is through there, I will ask one more time if there is anyone else in the audience that would like to speak and you will also be given three minutes to do so. After which time the applicant, then, will be given time to come and rebut what the folks in fhe audience had requested. Item 5: Public Hearing: CUP 08-009 Request for Conditional Use Permit for a convenience store and gas station in a C-G zoning district per requirement Meridian Planning & Zoning May 1, 2008 Page 4 of 40 of the Development Agreement for Maverik by Maverick, Inc. - NWC of N. Ten Mile Road and W. Ustick Road: Moe: So, on that note I would like to open the Public Hearing for CUP 08-009 for the Maverick and ask staff to open. Watters: Thank you, Mr. Chairman, Members of the Commission. The application before you is a request for a Conditional Use Permit for the operation of a convenience store and fuel sales facility in a C-G zoning district per requirement of the development agreement for this property. The site is located on the northwest corner of North Ten Mile Road and West Ustick Road on Lot 4, Block 1, of McNellis Subdivision. The property is currently zoned C-G and consists of 1.14 acres of land. Here is an aerial view of the property. The site is currently vacant. North of the site is vacant property in and McNellis Subdivision that is in transition to commercial use, zoned C-G. To the east are single family residences in Hartford Subdivision, zoned R-4. To the west is agricultural property in McNellis Subdivision fhat is in firansition to commercial office use, zoned L-O. And to the south is rural residential property, zoned R-1 in Ada County. The applicant submitted a site plan as shown that demonstrates how this property is proposed to develop in the future with a 4,200 square foot Maverick convenience store and fuel sales facility, consisting of five fueling islands. The Maverick building is proposed to be right there. The fuel islands are right here. Per the existing development agreement for this property, a Conditional Use Permit is required for the proposed use. Parking is proposed on the site in excess of UDC standards. A minimum of one bicycle parking space shall be proyided on the site. Outdoor seating is not proposed by the applicant and is not approved with this application. Access to this site is proposed from West Ustick Road to the west of the site, across Lot 5, Block 1, which is right here. This is Ustick along the bottom here. And from Ten Mile Road to the north of this site -- you can't see it on this plan, but up here across Lots 2 and 3 of McNellis Subdivision, via an ingress-egress cross-access easement benefiting the subject lot, recorded on the final plat as shown. Direct lot access to Ustick and Ten Mile Roads is not proposed or approved with this application. Staff is supportive of the proposed off-site access point to this site. Actually, here is a copy of the plat that shows the access. This is the site here on the corner. This is the access from Ustick Road and from Ten Mile right here. The applicant has submitted a landscape plan for this site as shown. A 25 foot wide street buffer is required along Ustick and Ten Mile Roads as shown, to be installed with the subdivision improvements. A 20 foot wide landscape buffer is required to be installed with development of this site along the west property boundary. Right here. As a buffer between the subject lot and the L-O zoned lot to the west per requirement of the preliminary plat. Buffer will be located on the adjacent lot, rather than the subject lot, as depicted on an easement on the final plat. There are several additional trees labeled wifh an R on the plans fhat are proposed above the required amount for mitigation of exisfiing trees that were removed from the site during development of the property. Building elevations were submitted with this application as shown. ~ Exterior materials are proposed to be EFIS exterior insulation and finish system. This is synthetic stucco. With stone veneer accents. The roof and awning are proposed to be metal. Staff has no objections to fhe elevations proposed by the Meridian Planning & Zoning May 1, 2008 Page 5 of 40 applicant, as they comply with the maximum building height and size requirements of the C-G district. Chain link fencing with slats is proposed along the east and south sides of the building to screen outdoor service and equipment areas. You can see it on fhis elevation. It's that part right there and right there and a little bit right there. Per the Unified Development Code this does qualify as a screening material. The applicant should present an alternative plan for screening this area, such as landscaping with a wall or a fence that meets the requirements of the UDC. The hours of operation for the proposed use are 24 hours a day, seven days a week. The Commission should consider any testimony from neighbors in determining if the proposed hours of operation are appropriate or if restrictions should be added as a condition of approval. Staff is recommending approval of the requested Conditional Use Permit as stated in the staff report, subject to the conditions listed in Exhibit B. Staff will stand for any questions the Commission may have at fhis time. Moe: Any questions, Commissioners? O'Brien: One question, Sonya. Mr. Chairman. On -- on the bicycle parking space, what size is that? How does -- how is it configured? Watters: Chairman Moe, Commissioners, Commissioner O'Brien, a bicycle parking space can just be in a bicycle rack. OBrien: Okay. Watters: Our UDC requirement is one bicycle space for every 25 vehicular spaces, so a minimum of one is required. O'Brien: So, one meaning a bicycle rack that has multiple slots. Watters: Capable -- one bicycle rack capable of holding -- of holding at least one bicycle. O'Brien: Okay. Watters: Normally they hold more than that. O'Brien: Okay. Thank you. Moe: Any other Commissioners have any questions? Rohm: Not at this time. Moe: Okay. Would the applicant like to come forward, please? McDougal: My name is Brad McDougal, I represent Maverick. Sonya did a pretty good job of -- ~ Meridian Planning & Zoning May 1, 2008 Page 6 of 40 Moe: Can you give your address, please. McDougal: My home address? Moe: We just need an address. McDougal: 880 West Center Street, North Salt Lake, Utah. Sonya did a good job of explaining what we plan to do. We have got quite a few stations throughout the Boise area. You're probably familiar with a few of them. The latest one we built -- we just opened one about two weeks ago on Lake Hazel and Cloverdale, which is exactly what we will build here -- what we'd like to build here, if you'd like to see what we'd like to do there. As far as the fencing goes, Sonya mentioned that the code does not allow a chain link. We would have no problem putting a vinyl fence in. We typically go with chain link, because the big white surfaces, people tend to like to paint on and chain link seems to be a little better, but we have no problem with a vinyl fence. And like I said, she did a great job explaining it. If you have any questions for me I'd be happy to answer fhem. Moe: Thank you very much. Any questions, Commissioners? Rohm: I'm just curious if you had any communication with any of the neighbors or had a neighborhood meeting or anything? McDougal: We did have a neighborhood meeting. I was not involved with it. We had another gentleman that held that neighborhood meeting and knew there were some comments about the area with the neighbors around there. One of the concems was typically we have a-- a picnic area out to the side of our building where people can sit and eat a hotdog or a sandwich. Some people were concerned about that, so we removed that from our site plan. There has been a little bit of concern about the lights shining from our stations. One of the things -- as we are selecting sites, we are not what you would call a destination, like a Wal-Mart or a Target, a shopping center where people -- you know, if you want to go shopping for clofhes you have Kohl's in mind or you want to go to a mall. As you look at convenience stations, it's -- and think of your own shopping habits, most people buy gas close to their home or close to their work or on the road that you typically travel. So, as we are looking for new sites for our stations, we go to roads where there is quite a bit of traffic, where there is -- you know, people can stop. As we look at the demographics, we have probably 30 percent of our clients come from wifhin a half mile, 50 to 60 percent within a mile. So, we want to have larger populations there, beaause the people aren't typically coming from outside to shop -- shop for gas. And like I said, think of your own driving habits, you're not going to drive --~ most people don't drive across town because Maverick's got the cheapest gas, you know, or Flying J or whoever you typically shop. You would do it by your office and by your home or on the way to where you're going. See, we typically like to find those spots where the roads are already busy, where the people are already living there, so we can service fhose -- those clients. And so that's one of the reasons we chose this Meridian Planning & Zoning May 1, 2008 Page 7 of 40 spot, because the roads are busy fihere. We don't -- we don't generate traffic, we try and capitalize on the traffic fihat's already there. So, there were concerns about lighting and I think with some of the landscaping it's going to knock down a lot of that lighting that's shining out. All of our fixtures on our buildings, they are a shoebox type fixture, which doesn't allow much light to get outside of our site and we try and eliminate as much of that light firespass as possible to keep if from shining into the neighbors' windows and stuff and we want to be a good neighbor and if there are problems, we will address those with shielding and whatever we can do to -- to help with those problems. Typically, we like to stay open 24 hours and the way we determine our hours of operation, we like to open up 24 hours at first and if people want to shop us, then, we want to stay open to service them. If people don't want to shop us, then, we will close. We operate a chain of about 185 stations right now and we have, I believe, four that are nof open 24 hours. And that's just due to demand. There are people out there that, you know, work odd hours that are on their way home from the grave night shift and want to grab a hot dog or want to candy bar and so we want to be open to service those customers, too. That's all I have, unless you have other questions for me. Rohm: Okay. Thank you. Moe: Commissioners, any other questions? Newton-Huckabay: I have nothing. O'Brien: Not at this time. Thanks. Moe: Okay. On the sign-up sheet Janet Wilder. Please state your name and address for me, please. Wilder: Janet Wilder, 3340 North Ten Mile Road. Good evening, Commissioners and clerk. And all the neighbors that I hope came to support us. First of all, I have a couple of questions about the property. It's my understanding fhat this whole mile, except the very northern part of it, is zoned wastewater treatment plant and the reason that it was zoned that way was to protect the residential neighbor from the noise and odors of the plant. Is this correct? Moe: Based on the map up fhere, right there, right there, that this site is actually zoned C-G, which -- Wilder: Well, the whole mile around it, though, was zoned wastewater treatment plant. And this was, before it came in and got fhe commercial zoning, but the whole idea behind it was to protect -- they weren't going to let any houses be built there; is that right? Rohm: I think that there is concurrence that they recognize that residenfial development wouldn't go hand in hand with the wastewater treatment plant. That doesn't mean that there would be no other development available -- Meridian Planning & Zoning May 1, 2008 Page 8 of 40 Wilder: No. No. Rohm: But residential development right next to the waste treatment plant, I think was something that was avoided. ~ Watters: If I could speak to that. Excuse me. I think Mrs. Wilder is referencing our Comprehensive Plan future land use map. That area is designated for wastewater treatment plant, mixed use. She is correct; we don't really want to see new residential uses in fhat area. However, this corner -- a good section of this corner is not designated for that. Wilder: But the original zoning for that was to protect the neighborhood from the noise and odors and all that from the treatment plant. Watters: It's not zoned that, but the future land use is designated for -- not for residential use. Wilder: Yeah. I'm using the wrong terminology. Well, fhat was something I wanted to get -- see if I was thinking correctly on that. So, the next question I had is that it's also my understanding that the city's responsible to protect the residential developments from commercial developments that will add noise, lights, odor, traffic and crime. Is this correct? Baird: Mr. Chair, could I suggest that we collect all the questions and have either staff or the applicant respond, rather than have a back and forth, because her three minutes is going to get used up pretty fast. Moe: That sounds like a great idea. Wilder: Okay. Anyway, if -- depending on your answer to that, I just wondered if you think that a 24/7 convenience store might possibly add to all of those above. Let's see. Placing a convenience store gas station at the corner of Ten Mile and Ustick would not buffer the residential areas from the wastewater treatment plant nuisances. By allowing this store you bring the nuisances closer to us, because there are subdivisions, as you can see, south and east of the proposal there. I also have a petition here from the neighborhood around that fhat I'd like to turn in. Moe: Okay. If you'd give it to the clerk, please. Wilder: Okay. And also, then, I wanted to point out that one mile north of this corner a Fast Freddy's is already planned. A convenience store. So, it would be at the corner of Ten Mile and McMillan, just one mile north. Rohm: I have a question of you, ma'am. Would you come back up to the microphone, please? Meridian Planning & Zoning May 1, 2008 Page 9 of 40 ' Wilder: Yes. Rohm: My first question of you, did you attend the neighborhood meeting? Wilder: Yes, I did. Rohm: Uh-huh. And what was your assessment of that neighborhood meeting? Was there any discussion about any of the items that you brought before us tonight? Wilder: Yes, there was. There were I think four neighbors showed up to it and we were all pretty much in consensus that it was not a good location, because of the neighborhood, you know. There are a lot of kids in those neighborhoods and it was kind of pointed I thought when I started around with the petition, one of the little girls in the neighborhood says, oh, good, I want a Maverick there, then, I can go there and buy candy. Well, it's across that road, you know, where -- there is no stop signs -- or not a sign, but a stop light. And the road does get really busy and there are -- she's -- I think she's 11. She could probably get over the road and back, you know, but fihere is a lot of little kids in there that are going to seize fhe same opportunity and want to go to that store to get candy or pop or something, you know, so -- and there is neighborhood -- I mean these neighborhoods are full of kids, so -- Rohm: Well, pardon my exception to your testimony, but it seems to me that if you have a store in your community versus having to go another mile to get that same candy bar, I think you're reducing the risk of hazards, rather than increasing it. I'm just saying from my perspective that's what I`m saying is -- Wilder: Except that it isn't right across the street. Rohm: It doesn't make any difference. If it's further away, they would have further to travel to get that same candy bar. Wilder: That's true, but -- Rohm: But I-- just a difference of opinion. Wilder: Yeah. There aren't any sidewalks to that store, you know, so I-- I don't suppose their parents would be letting them go that far. And I'm considering the little kids that, you know, might try to dodge across the street to -- when parents aren't looking. Rohm: Thank you. Moe: Thank you. Just for the record, the petition had 58 signatures on that and it is making its way through Commissioners. Next name on fhe list was Will Farrell. Or Farley. Excuse me. Meridian Planning 8 Zoning May 1, 2008 Page 10 of 40 Farley: My name is Will Farley. I live at 2976 West Wilder Street in Meridian. I didn't know fhat I was signing up to speak in front of you guys, I was just opposing the convenience store that is placed, but I did have a couple questions that I would like to ask the Maverick representative, if possible. Moe: Just ask fhem and he will come up later. Farley: I have to ask the Commission, instead of Maverick itself? Moe: That is correct. Farley: Mr. Commissioner, I think he said that the impact of the Maverick store would be for customers coming at the half mile radius from the store; is that correct? As of right now, myself, I have noticed that Fast Eddy's has -- between Linder and Meridian Road, along Ustick -- I travel an extra mile to go over there to get gas, out of my way. I think that the impact of a convenience store would bring more traffic to the corner of Ten Mile and Ustick area. I mean, granted, there is no traffic lights, so we will have backing up like we do, let's see, around 5:00 o'clock, around Ustick and Linder Road, you know how backed up that gets from that. I think the increased traffic will be brought on by the convenience store itself. I don't know if we want to have them answer or -- Rohm: You give your testimony and, then, at the end they respond to all testimony. Farley: Next question I have is when are service trucks going to come in, like Frito Lay or are the gas -- to fill the pumps itself, because that does bring added noise to that intersection, which does affect the people on the western side of our subdivision, mainly the corner of Ten Mile and Ustick area. Those .are finro questions that I would like to have asked, if possible. Moe: Just one question for you -- Farley: No problem. Moe: -- in regard to the delivery. What would be a time that you wouldn't have a problem with? Farley: Well, myself, I was unable to attend the other meeting due to work, but I believe maybe -- people sleep at all time a night, like he was saying. You know, he -- I would -- maybe around noon-ish time, but, then, that affects fhe graveyard shift that they are trying to provide hotdogs, people for as well, so -- Newton-Huckabay: So never? Farley: Well, that would be fine with me, but that's just my -- I don't shop at Maverick, because I don't like Maverick. The places where I used to live in Mountain Home, that's Meridian Planning & Zoning May 1, 2008 Page 11 of 40 where you used to go and get your drugs and stuff. ThaYs why loitering outside with the picnic area was one thing I didn't like having outside our -- our Maverick, so that's just what I would like to say. Newton-Huckabay: Thank you. Moe: Thank you very much. Farley: If you have questions towards me I would be glad to answer them. Moe: Thank you very much. There were a couple of names on here, but they crossed themselves out, so if there is anyone else that would like to speak, you're more than welcome. Seeing no one, would the applicant, please, come back up. McDougal: Some of the questions that were brought up was, you know, the half mile and that's just from the numbers Yhat we look at. Now, fhere are exceptions to fihat. Some people do drive out of their way. But as we look at the generalized -- as we look at our market share, the majority of our -- 25 percent of our market is in wifhin that half mile radius and 50 percent probably comes within that mile radius. Now, where there is a main corridor, Ten Mile and Ustick, people coming from a couple miles that travel from Ustick and continue on passed, they might shop us also and people on Ten Mile going either direcfion might stop and shop us. But, generally, you know, there is a lot more gas stations in the area and people can stop every couple of miles. But we don't foresee seeing, you know, people driving from Nampa to come get gas here or firom Caldwell, they are not going to come over here. If you're driving down and you drive passed it, you might stop and get gas and that's kind of -- as we look at locations that's what we look for, traffic and, then, population. As far as service trucks, we have three busy times in the day, between 6:00 and 8:00 o'clock when people are going to work, lunchtime, and, then, when people are coming home from work. So, we try and do our deliveries other than those times. We don't take deliveries very often at night. Sometimes our gas trucks, if it's an extremely busy location where we -- some of our stations we are picking fuel three and four times a day. Very few stations do we do that. And deliveries we take in the morning after our 9:00 o'clock rush. Now, the delivery guys kind of have a liftle bit of leeway when they are going to do things, but we try and keep fhem away from our busy times and they don't like to work after hours either. So, we typically are in the 9:00 to 5:00, the 7:00 to 5:00 range. You know, the noise and the crime, those comments got brought up. Like I said, most of our -- our -- the people that are coming here are coming -- they are already there. You know, the noise is there from the road. People are driving very slow when they get on our site, so it's not creating a whole lot of noise from cars. It's more the cars driving passed would be creating a noise. As far as crime, I couldn't really address that. You might want to talk to your police chief and see from statistics on crime and convenience stores. I don't know much about fihat one, so -- any other questions you have. I think I-- Rohm: I don't have any. Mericlian Planning 8 Zoning May 1, 2008 Page 12 of 40 Newton-Huckabay: Mr. Chair'? Moe: Yes. Newton-Huckabay: Mr. McDougal. McDougal: Uh-huh. Newton-Huckabay: McDougal; right? McDougal: Yes. Newton-Huckabay: Okay. Where on the property was the Public Hearing sign posted? McDougal: You know, I'm not sure. I don't think we have to post a sign for that, we just have to send out letters to within -- neighbors within 300 feet. Newton-Huckabay: I see the picture of the sign, but I didn't -- McDougal: Oh, the public -- fihere should be one posted on Ten Mile and one on Ustick. One on both roads and it has to be on the site. Newton-Huckabay: I understand it has to be on the site, I was just curious. McDougal: I think they are right on the roads there. Newton-Huckabay: On the site near the road. McDougak: I think by code they have to be up on the front of the road. Newton-Huckabay: Okay. McDougal; And they should be there for the next three days, I believe. It's a fairly large sign. Newton-Huckabay: Yeah. I-- okay. Thank you. Moe: What's that? Newton-Huckabay: Is that the picture that -- I just want to make sure that it wasn't stuck out where it was difficult to read or see. Moe: Oh, I see. Rohm: I think the petition signed by 50 of the neighbors, most of the neighbors are aware of it. Meridian Planning & Zoning May 1, 2008 Page 1'3 of 40 Newton-Huckabay: That's about Hartford Division is all that -- we have no Candlelight people here -- oh. Perfect. Thank you. Moe: Are there any other questions of the applicant? Marshall: I do not have any. O'Brien: .Oh. Mr. Chairman, one question. On the fence, is it going to be a six foot fence? McDougal: Yes. O`Brien: Vinyl? McDougal: Uh-huh. O'Brien: And what was the consideration befinreen fhat and block? McDougal: We could do block also. We'd like to go with vinyl, beaause it's a little less expensive, a little easier to fiix if someone were to run into it or break it. Block tends to cause us more problems. If it does get -- if spray painted or whatever, vinyl is a little easier to -- you can clean it off, you don't have to repaint the whole wall. O'Brien: So, I have to ask staff. Sonya, with that same venue, what is the preference the city has? Does it matter for noise abatement and things like thaf? . Watters: Chairman Moe, Commissioners, Commissioner O'Brien, the city -- the UDC allows a vinyl fence. That's fine. Basically, we allow anything besides chain link with slats. McDougal: In that area we don't keep equipment. All the equipment is on the roof. It's more like floor buffers and some -- when we get shipments they have a little plastic container, we will store those back fhere and pressure washers, things like that, we just don't want to keep out in the open, we don't want to keep it in our store either. So, iYs not -- it's just small equipment for the stores and there is no mechanical units or anything like that, they are all kept up on the roof and protected by parapet walls. O'Brien: Okay. Thank you. That's all I have. Moe: Thank you. McDougal: Thank you. Moe: Okay. Commissioners, any comments? Commissioner Newton-Huckabay. Meridian Planning 8 Zoning May 1, 2008 Page 14 of 40 Newton-Huckabay: I'm going to hold my comments for a few minutes. Moe: Okay. Mr. Rohm. Rohm: Well, my personal opinion is I think that it would be a welcomed addition to the community myself. I think convenience stores, like the applicant stated, they serve the peopie that are aiready on that road and they don't bring in additional traffic and by having a convenience store fhere, in my opinion, reduces the likelihood of children traffic going down to Fast Eddy's a mile and a half east on Ustick. I mean it's just -- it's more of a community neighborhood convenience store and I think that that's why they put them in, is because they are appreciated ulfimately by the neighborhood as a whole. And that's my assessment. Newton-Huckabay: Mr. Chair? Moe: Commissioner Newton-Huckabay. Newton-Huckabay: Commissioner Rohm, Mrs. Wilder was referring to the Fast Eddy's that's going in a mile to the north at Ten Mile and McMillan. Rohm: Well, no, I'm just saying that convenience stores as a whole are placed there for the convenience of the community. Newton-Huckabay: Right. Well, I just wanted to make sure you were -- that you understood fhat was when she was talking about was the one that is yet to be built. Rohm: And I-- I don't have any problem with that either. Newton-Huckabay: Okay. Moe: Okay. Commissioner Marshall, do you have any comments? Marshall: I am a little concerned with the proximity of the residences and the time of delivery, with delivery trucks coming at night and fhings like that, and I-- other fhan that, I think it's probably a very quiet neighbor. I don't think it's anything that's going to generate a lot of noise. I don't believe it's going to generate additional traffic. I do worry about acceptable delivery hours and delivery trucks at night. Moe: Well, actually, as the applicant stated, basically, most of their deliveries are either between 9:00 to 5:00 or 7:00 to 5:00 during the day, because deliveries -- they don't like to work after hours either. Marshall: Understand. Moe: Okay. Meridian Planning 8 Zoning May 1, 2008 Page 15 of 40 Marshall: That's all the comments I had. Moe: Okay. Mr. OBrien, any other comments? O'Brien: I-- I go along with the -- my consfituents here in this. I think it's going to be a plus, not a negative, and I think for the overall, the people that will be utilizing this facility, establishment, they are going to appreciate it. I don't think it's -- Maverick, the ones I have seen, they look like fhey are very well kept up, clean, I have never seen one that's been run down, at least in this area. So, I think it's a positive, especially for the location of that. Again, I don't think it's going to add any traffic to it. I don't know what the time frame is of getting a signal -- a traffic signal in there, maybe Sonya could -- knows something about that, but I don't know what the plan is to how long it's going to be. That wasn't discussed when we talked with Ada County -- Moe: I don't think ACHD -- I don't know if it's on the -- O'Brien: Okay. Moe: -- on the program yet or not, so -- Newton-Huckabay: Their comments didn't indicate -- Moe: I didn't see anything either. O'Brien: Other than fhat, I just don't -- I can't see any one thing that we should prevent that from happening. I just -- I think it's a positive thing the way fhey are going about it. Moe: Okay. Well, I guess -- Sonya, could you put the landscape drawing up? I'm kind of curious about one thing. Basically, my -- quite frankly, I think this project is a good location for it. My biggest concern is is that, basically, with the pumps turned south, I wanted to make sure that fhere was going to be landscaping and whatnot. I assume that is bermed and, then, the trees are up on top of that. So, that should be good screening to the south. So, I think it will be a good addition to that neighborhood in there. Newton-Huckabay: Mr. Chair, I'll go ahead and -- Moe: I need someone to close fhe Public Hearing, too. Newton-Huckabay: I need to make a comment first. Moe: Oh. Please do. Newton-Huckabay: One thing I feel like we are so desperately lacking in north Meridian is gas stations and convenience stores. But on that note, it would be very hard to -- I personally don't have a big problem to live close to a convenience store. That's not -- I Meridian Planning 8 Zoning May 1, 2008 Page 16 of 40 have much of -- off and on in my life. I don't haye a problem wifh it. But I got to make the choice of living next to a convenience store and we have 58 neighbors who didn't get to make that choice whether they knew or not that that was C-G when they moved in and that's difficult for me to just -- to just say I think it's a great move. I think it's well positioned on the property and I'm not convinced that it needs to be opened 24 hours a day, seven days a week. So, I am -- I guess I would like to see us make at least some concession for fhe operating hours. I think the landscaping is -- as convenience stores goes, that's pretty dense and, again, the positioning on the property and I as said before, I'm really concerned that there aren't more neighbors here and that can go either way. Lots of neighborhoods here generally means lots of people are against it. Lots of neighbors not hear generally means lots of people are in favor of it and it's very difficult as a Planning and Zoning Commissioner to know where fhe other folks -- those folks in Candlelight there to the south and, then, the -- can't remember the name of the one there to the west, you know, their silence may indicate their full out endorsement of the property. So, that's where I struggle with fhat, so -- Moe: So, in concession, you speak of changing hours, what would you be proposing for that? More along the lines of what we have done in the past or what would you be looking at? Rohm: Before you respond, Commissioner Newton-Huckabay, may I throw something in here'? Newton-Huckabay: Of course. Rohm: You're -- in the past you have been very diligent about being concerned about the competition and what is good for A development is good for B and we have been very consistent in that in other things, like the Walgreens and the -- various stores like that and -- and I think that it's only fair to do the exact same thing in this condition and the Fast Eddy's that's halfway between Linder and Meridian Road is open 24/7. So, I just want to throw that out. Newton-Huckabay: It is open,-- it is open 24/7? Rohm: It is open 24/7. Or let's put it this way: The latest that I have ever been it's always open. If it closes -- and, Sonya, would you have a comment to that? Do you know what fime they close? Watters: I do not know. Rohm: I have been by what I thought was pretty late, but I-- I go to bed pretty early, too. So, maybe -- maybe it isn't open 24/7. But I always thought that it had been. Newton-Huckabay: Commissioner Rohm, I don't beiieve that that is open 24/7. Rohm: You don't? Meridian Planning & Zoning May 1, 2008 Page 17 of 40 Newton-Huckabay: No. Because I know that when -- when a member of my family goes to work at the 2:00 or 3:00 o'clock in the morning hour, the only_ -- the closest aonvenience store that he can find is out by the freeway. Rohm: Really? Newton-Huckabay: So, as far as the hour's proposal, I'd like maybe similar -- same hours, same concession that we have made for the other gas stations in the area or the Albertson's. - Moe: Well, I do believe we are at 7:00 to 11:00 are we not? Newton-Huckabay: Oh, goodness 7:00 o'clock is not early enough. I guess I would want it to close by 1:00 o'clock in the morning, would be -- but I would -- I don't want to be inconsistent. I don't -- like Commissioner Rohm said, I am always concerned about giving -- be fair with giving an unfair advantage to some other business with hours. That's where you get into trouble by giving set hours. Moe: Well, based on what -- Newton-Huckabay: Or suggesting set hours. Moe: Based on what Commissioner Rohm stated, would the -- if we get this far to a motion, that the time limits would be the same as the Fast Eddy's down the street, although I'm not sure what that is right now. . O'Brien: I think that 6:00 a.m. would be the normal. I can't see it later. Rohm: I think just to state that it be granted equal to the convenience store -- the Fast Eddy's. Can we do that? Moe: I don't see why not. Rohm: Okay. Moe: And, then, between, you know, and City Council -- Newton-Huckabay: This is a CUP. Rohm: We are going to -- we are going to do it. Moe: Oh, I'm sorry. This is a CUP. That's right. Well, then, that's what we are going to do. Rohm: All right. Mr. Chairman? Meridian Planning 8 Zoning May 1, 2008 Page 18 of 40 McDougal: Could I make a comment? Newton-Huckabay: From the audience -- Rohm: Well, we haven't closed yet, so -- Moe: Yeah. Come forward. McDougal:, Like said earlier, one of the things that we look at when we are doing these and we are here as a convenience and we are not going to stay open unless there is people there shopping us. We don't -- you know, we don't want to pay the employees unless there is a reason for us to be open. And we typically like to leave it up to the public. You know, if people want us to be open, we stay open. If they don't want us, then, we close. I recognize fhe concern there, but we also want to be -- there is all the other people there that might want to shop and if they want to shop we want to be open to service them. We don't want people having to drive to the freeway to get their candy bar or whatever it might be. That's fhe only concern I have. Like I said, we have -- we run a convenience -- a chain of 185 and we do this with all of them, we open them up 24 hours to see and if -- we test them and there is five that have not had a need sufficient to keep it open 24 hours. If's generally -- like I said, the people are coming within a half mile. The noise -- the noise is going to be there, because fhe traffic's there. It doesn't change the traffic patterns. People are driving by regardless of whether we are open or not. It's just whether they might be stopping in our station and -- when they are going, you know, ten, 15 miles an hour, slowing down, driving into the station around. They are not creating a lot of noise. It's low levels of -- low levels of noise. So, we would like -- we would like to keep it open 24 hours and just see how it works and if it -- if it warrants to be closed, we'd go ahead and do fhat. But, like I said, we want to let the public decide what they want and what they need. Thank you. Moe: Thank you. Rohm; Mr. Chairman? Moe: Mr. Rohm. Rohm: I move that we close the Public Hearing on CUP 08-009. O'Brien: Second. Moe: IYs been moved and seconded to close the Public Hearing on CUP 08-009. All fhose in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Rohm: Mr. Chairman? Meridian Planning & Zoning May 1, 2008 Page 19 of 40 Moe: Yes, Mr. Rohm. Rohm: At this time I'd like to make a motion, after considering all staff, applicant, and public testimony, I move to a,pprove file number CUP 08-009, as presented in the staff report for the hearing date of May 1 st, 2008, with the following modifications: That the hours of operation be limited to those same hours as currently -- to competition in the area. I further move to direct staff to prepare an appropriate fiindings document to be considered at the next Planning and Zoning Commission meefing of May 15th, 2008. End of motion. Marshall: Second. Moe: It has been moved and seconded to approve on to City Council -- excuse me. To approve GUP 08-009, with the aforementioned changes. All fhose in favor say aye. Opposed? O'Brien: Aye. Moe: Okay. That motion carries with one dissent. Thank you very much. MOTION CARRPED: FOUR AYES. ONE NAY. Newton-Huckabay: Oh. Mr. Chair? We didn't get the vinyl fence change in there. Moe: It was noted -- Marshall: It was proposed by staff. Newton-Huckabay: Oh. Okay. Baird: Mr. Chair, it's been agreed to on the record, so you`re in there and it will be in the findings. Newton-Huckabay: Thanks, Mr. Baird. Baird': Mr. Chair? Mr. Chair? We need to discourage comments that aren't pertinent to anything that -- you don't have an open hearing right now, so I just wanted to caution you and the Commission. Item 6: Public Hearing: CUP 08-007 Request for Conditionai Use Permit for a drive-thru pharmacy in the C-G zoning district for Fred Meyer Pharmacy by Fred Meyer Stores, Inc. - NEC of N. Locust Grove Road and E. Fairview Avenue: Meridian Planning 8 Zoning May 1, 2008 Fage 20 of 40 Moe: Okay. At this time I'd like to open the Public Hearing for CUP 08-007 for Fred Meyer pharmacy and ask the staff to give their report. Watters: Thank you, Mr. Chairman, Members of the Commission. The application before you is a request for a Conditional Use Permit for a drive-thru pharmacy for Fred Meyer. The site is located at 1850 East Fairview Avenue on the northeast corner of Fairview and Locust Grove. On the south side of the east end of the existing Fred Meyer building. To the north of the site is an existing storage unit facility, zoned C-G. To the east are restaurants, commercial uses, zoned C-G. To the south across Fairview are commercial uses, zoned C-G. And to the west, across Locust Grove, are commercial uses, zoned C-G. And residential uses zoned R-6 in Ada County. The applicant submitted a site plan showing the proposed location of the drive-thru in relation to the layout of the rest of the site. The Unified Development Code requires conditional use approval if a drive-thru is proposed within 300 feet of another drive-thru establishment, an existing residence or residential district. There are no existing residences or a residential district that lie within 300 feet of the proposed drive-thru, but there are two drive-thrus, one for McDonald's and one for Subway that are within 300 feet of fhe proposed drive-thru. Staff has reviewed the site plan and does not believe that traffic movement and stacking for the existing and proposed drive-thrus will interfere with each other. Access to the Fred Meyer site is provided from east Fairview Avenue and North Locust Grove. No new access points are proposed with this application. This is a detail of the proposed drive-thru. The applicant proposes to remove 14 of fihe existing 814 parking spaces for Fred Meyer and construct a drive-thru lane with a pneumatic tube for the pharmacy. Staff has no objection to the removal of parking spaces, as the remaining number far exceed that required by the UDC. However, staff is concerned about the amount of stacking available for the proposed pharmacy drive-thru. Currently where the tube is proposed to be located, approximately right in there, fhere is only one room for -- excuse me. There is only room for one additional car behind the car at the tube. To insure that the adjacent drive aisle is not blocked during busy time, staff recommends that the tube be relocated further to the west to allow room for a total of three cars to stack, including the one at the tube. Or approximately 60 feet, without hanging out into the drive aisle and blocking traffic. The canopy should also be extended accordingly to cover at least fhe car at the tube. Additionally, staff is concerned about the ability of drivers exiting the drive-thru and merging into the through lane, to be flexible enough to look behind them to the east to check for oncoming traffic. As they designed it, the cars would enter the drive-thru here and come out right here. This is the drive aisle. Because of the angle of the exit lane in relation to the adjacent drive aisle, it will be difficult for most motorists to safely check for oncoming cars. Staff recommends that the exit of the drive-thru be redesigned to be close to a 90 degree intersection with the adjacent drive aisle. The hours of operation for the drive-thru will that of the pharmacy, which is Monday through Friday, 9:00 a.m. to 9:00 p.m. Saturday 9:00 a.m. to 7:00 p.m. And Sunday 10:00 a.m: to 6:00 p.m. Additional landscaping for the site was not required with this application. The applicant submitted elevations of the proposed canopy to be constructed over the drive-thru. And it's shown here at the bottom. And the columns to support the canopy are proposed to be round concrete columns that will be painted per the elevations. The facade of the Meridian Planning & Zoning May 1, 2008 Page 21 of 40 pharmacy drive-thru will be EFIS, exterior insulated finish system, which will connect to fihe existing concrete tilt up panels and painted to match the adjacent exterior paint theme. Staff has no objections of the elevations proposed by the applicant, as they compliment the existing building and comply with the maximum building height and size requirements of the C-G district. A letter of testimony was received on this application from Keith Botkin. Staff is recommending approval of the requested Conditional Use Permit as stated in the staff report, subject to the conditions listed in Exhibit B. Staff will stand for any questions the Commission may have at this time. Moe: Any questions, Commissioners? OBrien: I have none. Moe: Okay. Marshall: Not at this time. Moe: Would the applicant like to come forward, please. Fagliano: Hi. My name is Rob Fagliano. I'm with the architecture firm that is representing Fred Meyer. Don Forest is also here from Fred Meyer to present this. Moe: Could I get an address also, please. Fagliano: Our business -- Mulvanny G2 Architecture's business address is 601 Southwest 2nd Avenue, Portland, Oregon. 97204. Moe: Thank you. Fagliano: I believe. Sonya did a great job presenfing what we are proposing in this -- in this CUP. Primarily this is a-- a convenience -- convenience item that Fred Meyer would like to provide for the community. It also helps with competing against other -- other pharmacies that provide a drive-thru option for their customers. For the most part, fihe concerns that Sonya had mentioned in the -- in the conditions for stacking lanes, the owner -- we have -- we have no problem with lengthening the stall length there. We have approximately 55 feet, so adding another -- shifting fhat over five feet isn't going to be a deal breaker to add the length. I do have a quick question about that length, if it has to be the straight length of 60 feet or if part of the car coming in can be angled a little bit, if the entire 60 feet needs to be all in fhe -- in the straight length, because when you're coming in part of it would be -- Watters: Just as long as it isn't hanging out into the drive aisle. McDougal: Sure. Okay. The other item is the angle of somebody coming out. A lot of time in designing these we will have fhe same enfirance angle -- same arch on the entrance as we do on the exit and in -- and in addressing a comment that Sonya had Meridian Planning & Zoning May 1, 2008 Page 22 of 40 before, we -- we had modified the exit to be a sharper or a smaller radius to actually have the cars make a sharper turn and angle toward the traffic to be able to see coming out. There is proposed some signage for them to have to yield to oncoming traffic. So, what we have proposed -- we have tried to address that -- that issue with the planning department and our intent on that was to be able to maintain fhe existing pedestrian connecfion from entry to entry, where there is an existing sidewalk that we are trying to just maintain. So, from our point of view that is -- that is actually addressing the exit of customers leaving the pharmacy pneumatic tube and I guess I would like to propose that what we have -- what we have done has actually addressed that issue and that's what we have right now. So, other than that -- I mean the things that we -- that we have presented here are amenable to fhe planning -- planning department and to. the owner. I think Don Forest wanted to address some of the other items regarding the staff report about the sheriff s comments. Forest: Good evening. Don Forest on behalf of Fred Meyer. Real estate manager. Address is 3800 Southeast 22nd Avenue, Portland, Oregon. 97202. The -- as Rob stated, I think we are generally, you know, in conform -- or agreement with the conditions that were imposed on the staff report, with the exception of -- I believe it's under section four, paragraph 4.1 and 4.2. Specifically 4.2. What's been requested there through the police department is fhat schedule two and schedule three drugs not be allowed to be dispensed through the pneumatic tube or through the drive-up pharmacy fhere. The logic being that somehow if you cause fhose individuals to go face to face with fhe pharmacist that show how they could deter fraud for those type of drugs -- pharmaceutical controlled substances. When we heard that, it kind of gave us some concern. We immediately looked to see if that stand was something that's being applied anywhere else. We have not been able to locate any pharmacy where that standard -- that these type of pharmaceuticals cannot be dispensed through a drive- fhru. That would be in Meridian, Boise, or anywhere in fhe state. Looking at the State Code, which is under the Idaho State Board of Pharmacy rules, recenfly updated April of '08, specifically Section 464, paragraph two, et al., indicates fhat these type of drugs or any type of pharmaceutical must be dispensed with positive identification. I think the positive idenfification is coming in the form of -- what you would typically understand to be a photo -- a current photo ID or being personally known to the pharmacist or technician dispensing the drugs. I think it's reasonable for us to conclude that that positive ID can be made via the drive-up system with a high quality monitor system, which we intend to install. A state of fhe art system. LCD. Adequate lighting at all times, et cetera. So, given that there is no standard, that we are designing it to conform to the Idaho State Board of Pharmacy rules, while we do have -- you know, I understand the concern about pharmaceuticals being dispensed and the need to deter fraud and so forth, I don't believe requiring that those need to come in the store will achieve that goal. Condition 4.1 has requested that we install a high quality digital video recording system and high quality monitors of the drive-up system. I believe we can agree to that. We will have high quality monitors, et cetera. We weren't planning to have a digital recording system, but we will do that also. Our intention would be to keep a record for 60 days and I think fhat's -- you know, far exceeds any standard that's out there that I'm aware of. So, with that I would just request that the conditional use be granted, with the Meridian Planning & Zoning May 1, 2008 Page 23 of 40 exclusion of that Section 4.2 requiring that the pharmaceuticals schedules two and three type controls substance not be allowed to be dispensed through the drive-up. Thank you. Moe: Any questions? One thing I am kind of curious about as far as what's our distance between fhe building and where the tube -- where the medications is going to come out of these tubes out here. You lose that face to face and I'm sure that's what the police department is most concerned about is -- is that distance apart -- I realize you're saying you're going to have IDs and everything else, but, you know, a lot of problem IDs and I'm assuming that that's what the police department is most concerned about. ~ Newton-Huckabay: Mr. Chair? Moe: Yes. Newton-Huckabay: Do we have the same requirement on a Walgreen's or any other pharmacy drive-thru? Moe: No. But on those they are right at the builtling, though, are they not? Forest: If I may respond? This pharmacy is attached to the building. It is not a separate remote pharmacy, such as Walgreen's or the others. You know, they are attached to the building. Rohm: So, the video site both from the inside and fhe out, they can see the occupants of the cars from -- from the dispensing side -- Forest: Yes. Rohm: -- as well as the other way. Forest: Yes. Rohm: Okay. Watters: Excuse me. If I could interject into that. I don't believe there is a window proposed here. I believe that's what you're getting at. Most of the Walgreen's, I believe have windows you pull up there, they have a person right there -- Moe: That's what I -- Watters: -- looking at you. This site is not proposing a window; it's simply a tube coming out of fihe pharmacy. Meridian Planning & Zoning May 1, 2008 Page 24 of 40 Forest: I believe at fhe Walgreen's they have both -- a lot of Walgreen's will have both, the tube, pneumatic tube, and a window. I fhink their hope is that people dropping off pharmaceutical prescriptions will drop those off using the drive-up tube and people picking up will use fhese, will use the window. Most of the time, our optimum situation for us is to have the face-to-face interaction, just because it's like that for -- for customer relations. In this locafiion it's not feasible -- feasible for us, because of fihe location of the pharmacy internally and fhe direction the vehicles need to flow fhrough the parking lot. If you take a vehicle and you flow it where the driver's side window would be against the building side, you know that vehicle would have to cross the lane to get across there and fhat creates somewhat of a pedestrian-vehicle conflict. And that's part of the reason -- fhe other reason the internal location of the pharmacy here did not lend itself to a cut-through drive-up pharmacy, so -- Marshall: Chairman Moe? Forest: Again, in looking at the code, there was no requirement or standard there that's in place that we could locate that would rationalize fhis or any empirical data out there that doing so would deter any type of fraud, so -= Moe: Mr. Marshall. Marshall: I also had a question. I-- I'm curious as to whether or not a drive-up on this site is even feasible, over here why this was selected, as opposed to over here where the traffic could be routed around, rather than funneled back into where the pedestrians are. ~ Forest: I don't know the particulars on that. I can tell you, you know, on the big picture the pharmacy is not -- the drive-thru pharmacy does not increase business for us with our pharmacy. It comes as a result of a two fold -- one, competitors offering this. Second, that it is a customer convenience. Focus groups, most everything, have told us that they'd like to see it as a convenience, but that does not increase the pharmaay business. So, when we put them in stores, it's strictly -- you know, it's a customer -- it's not a return on investment item for us, it's an item that costs so much, but it's a good customer -- customer service. So, I think in placing those we want them to be as prominent visually to the customer as possible, since it's more or less a-- a customer convenience. If you put it on the side of the building, I think you can of take away from that, is my guess. We don't have any drive-ups, you know, on the side of a building at this time. Marshall: My concern being safety in that stacking -- if it stacks out into the drive lane, even with three cars you're blocking the fire lane. You're blocking EMS and police. As traffic is entering out you're funneling it right back to where everybody's entering fihe store. Forest: The traffic thaf's made to go fihe pharmacy is four to six vehicles per hour. That's our busiest drive-up pharmacies and we don't know if this one will match -- get Meritlian Planning & Zoning May 1, 2008 Page 25 of 40 that high. But if you space that out, four to six vehicles per hour, the chance of having stacking is very -- very low. We know, we are cognizant of the concern and thaYs why we are willing to agree to the, you know, 90 degree angle exiting, stacking for the three vehicles at a time and so forth, which given the projection of, you know, four to six at the most per hour, I think thaYs reasonable to assume that that shouldn't be a safety issue. Moe: Mr.OBrien. O'Brien: Mr. Chairman, I concur. I was going to bring that up myself about fhe location of that and I have shopped that area quite a few times and it's busy enough coming in from the main exit -- or entrance on the side -- could you get the overhead -- the previous, please. Coming in through here is a-- is a major thoroughfare, conduit, to go into the store. There is disabled parking here. I don't know if you're disrupting -- move any of the disabled parking from that area or not. I'm not sure. I think there was at least two there, if not three. But I only see finro now. But, again, my thoughts were, gee, it just seems like it makes more sense, because there is not very much traffic -- I have never seen this parking lot here utilized very much at all. Very few cars. Maybe employee -- I'm not sure. But you still would be able to have the signage available to be able to utilize this area and just eliminate that issue, fhe probiem or concern. But visually to me it just makes -- it doesn't make a lot of sense at that location; it just takes away a lot. Forest: I can't speak as to exactly why the location was chosen on this store, other fihan to picture that kind of thing already. This is fhe first that anybody -- staff or anybody else has brought up that different location on the site for this on the building would be -- would be better. If that were the decision of the Commissioners here, I would take that back to our group and determine if that's -- if that's feasible. My gut reaction that it would not be, because there, again, it's not a return on investment item, it doesn't pay for itself, and the more you take it away from fhe visuality of what it offers, the less it becomes viable for us to do it. So, that's speculation at this time. O'Brien: Thank you. Moe: Any other questions? Forest: Bob may have some more about the location. Fagliano: I just -- I wanted to interject a little bit. A lot of fiimes in these, typically we have had a stacking lane enough for two cars and that hasn't interfered with -- with traffic in and around the store in the interior parking area. The four to six cars per hour, there is more cars traveling in around like some of the ofher drive-thrus in the area there. So, this drive-thru is not an atypical type of drive-thru. I mean some people are calling in, I have a bunch of kids, you know, some people will call it in and they are going, hey, I want to -- we are all sick, we all want to get in the car, but we don't want to go in today. So, you're calling up and, then, you say is it going to be ready by, you know, 7:00 o'clock. Great. So, you go in and take care of it and, then, go back home Meridian Planning & Zoning May 1, 2008 Page 26 of 40 and put everybody to bed. As far as where it's located, like Don was saying, a lot of times just for visuality of just the front of the store and the signage, to be able to just mark out, hey, this is here for convenience. So, again, it's just to provide the optimum convenience for it. And the other back road around there, the lesser traveled road than, obviously, F.airview and the other ones. And Locust, so -- O'Brien: Say that again. Fagliano: That -- the loop around that's going ~ around behind the store, is lesser traveled than Fairview Avenue and North Locust Grove. So, that's why we were trying to aim it closer toward North Fairview -- East Fairview. Sorry. O'Brien: Thank you. Forest: Maybe just offer one more comment about the safety issues here. This would be, you know, upwards of 40 drive-thrus that Fred Meyer has in stores throughout Idaho, Oregon, Washington and Alaska. Typically, fhat drive-thru we put it -- it's right in the center between the two entrances. On the surface people are going to think like that offers the most potential conflict for vehicle-pedestrian traffic and so forth. I can tell you that to date in our multiple -- you know, I think we have had drive-thrus now for about ten years, going back -- we have no incidents of a pedestrian-vehicular incident of injury or claims or anything else. So, while it's a-- on the surface it may give somebody concern, I think the empirical data, you know, kind of proves that it's safe there also. Moe: Thank you. Marshall: You say you have how many others? Forest: I think we have almost 40, but there are some other ones that we are planning that would bring us up over 40. Marshall: But this is the only one -- this kind, the others -- all the others -- Forest: No, we have -- Marshall: -- have a drive-up window and -- Forest: No. We have I think two others now that have pneumatic tubes and the others are windows. And we are planning some other pneumatic tubes. The tube, like I said, it's not optimum for us, you know, it's an additional cost, you're not going to be face to face, it's usually a result of logistics of where the pharmacy is internally to the traffic patterns outside the building and so forth. O'Brien: Mr. Chairman, real quick, sir, while you're there. Four to six vehicles an hour, I don't know how they could justify putting another island out there with a tube in there Meridian Planning & Zoning May 1, 2008 Page 27 of 40 and not just a drive up to the window. That doesn't compute to me. Four to six cars an hour isn't very much, so why do you need to have an island with another access point? Forest: Maybe -- like I said, there is not a second island. O'Brien: There is not -- there is not a-- is this two lane or only one entrance? Forest: ThaYs one. It's one lane, yes. OBrien: Oh. Okay. I thought maybe there was a reason for this overhang here, that cars would stop there as we11. Forest: No. It's a single lane vehicle. It can only accommodate one vehicle at a time. O'Brien: Okay. My misunderstanding. Moe: Okay. Thank you. Forest: Thank you. Moe: Commissioner Newton-Huckabay, any comments? Newton-Huckabay: Mr. Chair, I have no real significant issue with the -- with the drive- thru. I think the location is fine. I do -- would want to make sure that the exit is a little bit more toward a 90 degree angle, as Sonya stated, so it will be a little easier to get out of there. The 4.2, I just don't know that I would agree with getting into that type of monitoring. Where did they pull that requirement from? I mean it just doesn't really -- I don't know if it would hold up in -- in court, I don't know if iYs a precedent, maybe the attorney could state -- say. I-- it seems like an odd -- very odd condition to me. Moe: Well, I think that the biggest concern the police department has is -- is that you don't have a drive-up window, so, you know, you're looking through monitors -- _ Newton-Huckabay: But you have the same problem with a bank, for crying out loud. I mean -- Baird: Mr. Chair, Members of the Commission, and Commissioner Newton-Huckabay, I could add to that. Because this is a conditional use, there is no worry about whether it would hold up in court. This would be the condition under whiah you grant them permission to have the drive-fhru. On the other hand, the Board of Pharmacy has their requirements; every pharmacist in fhe state is worried about keeping their license and playing by the rules, that's the other fhing you might want to consider. You do have a high quality video system. It's just a recommendation from the police and your job is to weigh fhe factors and decide what conditions you want to impose in granting this -- granting or denying the conditional use. Meridian Planning & Zoning May 1, 2008 Page 28 of 40 Newton-Huckabay: I would be in support of granting fhe applicant's request to remove that requirement, because, as Mr. Baird said, I don't think that there is a pharmacist in the state who wants to lose his license with somefhing like that. So, I fhink that they have an interest to police that amongst themselves. Moe: Okay. Baird: And, Mr. Chair and Members of the Commission, I might add that if there is an issue arises about the identification, you can bet that the pharmacist is going to say, I'm sorry, you will have to come in or, you know, some other thing. I think where you're leading is that this can police itself. Moe: Okay. Marshall: Chairman Moe, in support there, I know there are a number of very common drugs that fall under fhose categories that seem fairly benign, but yet fall into those categories that people take on a monthly basis. So, it would be beneficial for them to be able to just call it in and pick it up. As long as the pharmacist is worried about keeping a license, I don't see a problem. Moe: Okay. Thank you very much. I just want to kind of weigh in on this thing. I guess design-wise I probably would have liked to have seen this thing on the east side of the building, but iYs not. I.understand why it is on the front. I really do not have any traffic concerns whatsoever. I think with Sonya having the requirement of moving that down, you're going to stack three cars in there, I think you're going to be fine. And if you're only doing, you know, the four or so per hour, I don't think that's going to be a problem either. You know, I have no problem with fihis project at all. I guess 4.2, I have the concern, but as far as I'm concerned, they have already made comment that they will approve on 4.1 and so, therefore, I would be in favor of this project and deleting 4.2 as well. Mr.OBrien. O'Brien: Yeah. Mr. Chairman. I have a question for -- I forget the first person's name. We haven't closed the Public Hearing; right? Moe: No, we have not. O'Brien: I have a question for you, sir. Fagliano: Yes. O'Brien: Since fhis area here was designated disabled parking, are you losing any? Fagliano: ADA stalls? O'Brien: Are you losing any disabled stalls? Meridian Planning & Zoning May 1, 2008 Page 29 of 40 Fagliano: No. No, we are not. We are maintaining the required -- required counts and we are -- I think, correct me if I'm wrong, Sonya, I think there are approximately 357 or 358 stalls required for the store and we are well above that. O'Brien: Okay. Thank you. That's all I have. Thanks. Moe: Any other questions? All right. Mr. Rohm, you look like you're ready. Rohm: I don't have any comments. I think everything has been well stated and I support Commissioner Newton-Huckabay's posifion on the 4.2 completely. So, I think that should be sfiricken and that's the end of my comments. Moe: Great. Well, then -- Newton-Huckabay: Mr. Chair? Moe: Yes, ma'am. Newton-Huckabay: I recommend we close the Public Hearing on CUP 08-007. Marshall: Second. Moe: It has been moved and seconded to close the Public Hearing on CUP 08-007. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Newton-Huckabay: After considering all staff, applicant, and public testimony, I move to approve file number CUP 08-007, as presented in the staff report for the hearing date of May 1, 2008, with the following modifications to the conditions of approval: That condition 4.2 from the police department will be stricken from the requirements and I further direct staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on May 15th, 2008. End of motion. Rohm: Second. Moe: It has been moved and seconded to approve CUP 08-007, with the modifications as noted. All those in favor say aye. Opposed? That motion carries. Thank you very much. MOTION CARRIED: ALL AYES. Item 7: Public Hearing: CUP 08-006 Request for Conditional Use Permit to operate a drinking establishment in an existing O-T zoning district for Corkscrews by Marla Smith - 729 Main Street: Mericlian Planning 8 Zoning May 1, 2008 Page 30 of 40 Moe: I'd like to open the Public Hearing for CUP 08-006, for Corkscrews and ask the staff to open it up. Watters: Thank you, Mr. Chairman, Members of the Commission. The application before you is a request for a Conditional Use Permit for the operation of a drinking establishment in the OT zoning district. The site is located at 729 Main Street on the southwest corner of Idaho and Main Street in the basement of the Heritage building, as you can see on the vicinity map there. The applicant is proposing to serve and sell fine wines, which requires conditional use approval as a drinking establishment in the Old Town district. This is an aerial -- oops, that's not an aerial. That's an aerial view of the property. To the north, east, and west of the site are commercial businesses zoned OT and to the west is a parking lot and City Hall zoned OT. This is a copy of -- or a picture of the building. I fhink their entrance is right over here: It's in the basement of this building. The applicant submitted a site plan with this application that shows the existing building where this business is proposed to be located in the basement and the existing trees along the adjacent street. A dirt parking area is shown on the west side of fhe building that is not associated with this site. Because the existing building encompasses almost all of the property, off-street parking is not feasible and is not provided. Further, because this is an exisfing building in OId Town and because no exterior modifications to the building are proposed, no off-street parking is required and the downtown Meridian design guidelines are not applicable to this site. The applicant states that she does not -- or does have a verbal agreement with the property owner to the west to use the unimproved dirt lot located at the rear -- west of the building for off- street parking. Further, there is also on-street parking along Main Street and Idaho Avenue. The applicant also states there is additional on-street parking across the street in front of Idaho Independent Bank and 33 stalls are available in the public parking lot located behind the Meridian Cycle Shop a block away off the southeast corner of Pine and Main. To alleviate some of the parking concerns, the applicant is proposing staggered business hours to address the lack of off-street parking for the site. Proposed hours of operation are as follows: Monday through Thursday, 1:00 p.m. to 10:00 p.m. Friday through Saturday, 1:00 p.m. to 11:00 p.m. And closed or used for private parties on Sunday. Staff is supportive of these hours and is recommending that the business be limited to the hours stated. Letters of tesfimony have been received from Howard Foley on behalf of Meridian Redevelopment Venture and Hunter Investments, Inc. Staff is recommending approval of the requested Conditional Use Permit as stated in the staff report, subject to conditions listed in Exhibit B. Staff will stand for any questions the Commission may have at this time. Moe: Any quesfions of staff? Newton-Huckabay: I have none. Rohm: No quesfions. O'Brien: I have one question. Meridian Planning 8~ Zoning May 1, 2008 Page 31 of 40 Moe: Yes, Mr. O'Brien. OBrien: Sonya, a quesfiion when I was reading the staff report that fhe church is within 300 feet and it's now vacant. So, what happens if the churah comes back in and occupies that as a church and it's within 300 feet of this establishment? What happens? Watters: Chairman Moe, Commissioners, Commissioner O'Brien, if the church comes in after the fact, then, they can do that. I# -- this use is based on the current uses within 300 feet of the property at the time of application. O'Brien: Okay. Thank you. Just wanted to clarify it. Mae: Okay. Would the applicant like to come forward? Straight: Good evening. I am Marie Straight. My current address is 2214 Kenmere Drive, Meridian, Idaho. 83646. Okay. What we are trying to do here is -- as staff has said, that we are opening a wine and beer establishment and we would -- what we are asking is your permission to do this. We have -- we are making no -- we are not changing anything about the outside of the building or anything else. The basement has been used in the past for a restaurant and that worked well. What we are providing is an establishment that is like a quiet bar. We will serve wine by the glass or by the bottle or retail. And we will serve beer. So, we are seeking a bear and wine license at this fiime. We have a unique atmosphere as it's a quiet bar, we have a meeting room that can be a small meeting room. We have quite a few people already interested in that and we are going to use the red hat lad~ies and I think this will go very well. I think wifh what Meridian is trying to do with their development downtown that we will be a plus, because it will create people walking around. So far we have had nobody opposed. We had our neighborhood meeting and nobody turned up. Everybody that we talked to is for this establishment. And we just look forward to giving great customer service and providing a quiet place where you can meet with a friend and have a wine or a beer. Moe: As far as the staff comments and whatnot, any objections to the report or are you in favor of the staff report? Straight: I'm in favor of the~staff report. Moe: Okay. Straight: Although I do have one change. Is the staggered hours -- those should be Tuesday through Thursday, 2:00 to 11:00. And, then, Friday and Saturday, 2:00 to 11:00. And we will -- that would make it closed Sunday and Monday. Moe: Okay. Any questions? Newton-Huckabay: I have -- I have one comment, Mr. Chair. Meridian Planning & Zoning May 1, 2008 Page 32 of 40 Moe: Okay. Newton-Huckabay: I would just ask staff and the applicant if we really feel like it's necessary to put hours of operation into the CUP. I don't think that that's necessary. I, myself, I don't know what the -- what everyone else would think, but I think this is awesome. I fhink ifs a great addition to downtown Meridian and I think it's nice -- there are not very many places like this around and I think it does fit in with what they are trying to do downtown. And I would -- I would just think it would be better to leave those hours of operafiion as the gentleman from Maverick wanted to, the public in general drinking establishment hours. Straight: Our concern on the hours is what we were trying to show is that they would be staggered hours due to the downtown parking in Meridian, you know, that's the first question that comes up, so we thought by showing and announcing -- you know, going fhrough our hours, that we would show that we would have a staggered business hour. Most of the businesses around there are 8:00 to 5:00 and we would be 2:00 until 11:00. So, I don't feel that we would impact the parking that -- you know. Newton-Huckabay: Well, I certainly wouldn't discourage you from running those hours, I just am not sure that I want to see them put in the CUP and, then, say you find need to have to change them, then, you have to get your CUP modified and that type of thing. That's my. only -- that's my concern, because those are somewhat limited hours and I think it would give you more flexibility as a business if we didn't feel it was totally necessary to have them in there. You certainly could be open whatever hours -- 2:00 to 11:00. I'll end my comments. Moe: Any questions of the applicant? O'Brien: I think it's great. Rohm: I do, too. Moe: I guess there is no more questions for you. Straight: Great. And that's the response we wanted. Thank you. Moe: Well, it sounded to me like everybody said it was going to be great, so I guess can I get some motions, then. Newton-Huckabay: Mr. Chair'? Moe: Or if there is any other comments? Meridian Planning & Zoning May 1, 2008 Page 33 of 40 Newton-Huckabay: I'd just like to ask staff if there was a real driving force beyond the applicant offering up those hours, to putting fhose hours of operation in there. In the Conditional Use Permit. Watters: Chairman Moe, Commissioner Newton-Huckabay, Commissioners, the UDC does menfion fihat as an alternate to requirement for on-street parking, you know, providing different hours than the businesses are normally open, so fhat there isn't such congestion down there. Newton-Huckabay: Okay. Watters: Especially downtown. Newton-Huckabay: Uh-huh. Watters: But where they aren't providing any off-street parking, there isn't any available on the site, then, fhey -- they are proposing that as just an alternative means to try to comply with that requirement. Newton-Huckabay: Uh-huh. Rohm: Maybe we could -- Watters: You do have the power to remove that condition if you would like to. Newton-Huckabay: I just -- yeah. I just don't want to put any barriers of businesses being successful in downtown Meridian. Rohm: I fhirrk that, typically, this type of business is not going to draw customers before -- before noon for sure. Or many customers anyway. Maybe me. But -- Newton-Huckabay: That was on the record. Rohm: So, in -- I just concur wifh Commissioner Newton-Huckabay that -- to not limit the hours would be appropriate. Newton-Huckabay: Okay. Marshall: I-- I had a question for Sonya. Was that -- what parking requirements are there in Old Town for them? I didn't realize that the Old Town zone required them to have that parking. There is a requirement there that we are trying to alleviate with staggered hours? Watters: Chairman Moe, Commissioners, Commissioner Marshall, the Old Town Di.strict does -- the traditional neighborhood districts do require one space per 500 gross square feet of floor area. However, the Old Town District -- the OT District, does not Meridian Planning & Zooing May 1, 2008 Page 34 of 40 require off-street parking. If they -- as this appliaant -- because they are not proposing any exterior modifications or new construction, they are not required to meet the downtown Meridian design guidelines, which has a parking requirement. So, for their particular type of use and what they have proposed, they are not required to have off- street parking. But, obviously, people have to park, unless they are walking, so, you know, we have to consider that. Marshall: Thank you for that clarification. I appreciate that. My thoughts being that by not requiring the hours that would give them more flexibility to offer to a lunch crowd, if one were to develop, or to an even later evening crowd, if that were to develop. I don't believe fhat I have to second sentiments that have already been stated that you're going to have a large crowd earlier in the morning. That's all I had. Newton-Huckabay: Mr. Chair'? Moe: Commissioner Newton-Huckabay. Newton-Huckabay: I recommend we close tHe Public Hearing on CUP 08-006. O'Brien: Second. Moe: IYs been moved and seconded to close the Public Hearing on CUP 08-006. All in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Newton-Huckabay: Sonya, could -- would you -- Mr. Chair. Sonya, would you tell me what section that requirement is in. Watters: Which requirement? Newton-Huckabay: The hours of operation. Watters: Oh, staff report you mean, the conditions of approval? Newton-Huckabay: Uh-huh. Yes. Yes. Thank you. Watters: Just a moment. It's 1.8. Newton-Huckabay: 1.8. Okay. After considering all staff, applicant, and public testimony, I move to approve file number CUP 08-006, as presented in the staff report for the hearing date of May 1, 2008, with the following modification to the conditions of approval. That condition of approval 1.8, Corkscrews' hours of operations are as follows: Monday through Thursday, 1:00 to 10:00. Friday to Saturday, 1:00 to 11:00. And Sunday closed or use for private parties, be stricken from the requirements. I Meridian Planning 8 Zoning May 1, 2008 Page 35 of 40 further move to direct staff to prepare appropriate findings document to be considered at fhe next Planning and Zoning Commission hearing, dated May 15th, 2008. O'Brien: Second. Moe: It's been moved and seconded to approve CUP 08-006, for Corkscrews as modified. All fhose in favor say aye. Opposed? That motion carries. ' MOTION CARRIED: ALL AYES. Item 10: Public Hearing: ZOA 08-001 Request for a Zoning Ordinance / Unified Development Code (UDC) Text Amendment to modify, clean up and add specific sections to the UDC (see application for details of all sections proposed for amendments) for Unified Development Code Text Amendment #4 by the City of Meridian Planning Department: Moe: I would like to open the Public Hearing for ZOA 08-001 and start with the staff report. Watters: Thank you, Mr. Chairman, Members of the Commission. The Planning Department is requesting a zoning ordinance amendment to amend the Unified Development Code. Staff has been tracking additional specific sections of the UDC that should be amended for the UDC to function efficiently. Some of these sections proposed for amendment include parking standards, signs, hours of operation in the L- O and C-N zoning districts. Wireless communicafion facilities and provisions for UDC violations. Additionally, staff is recommending two new commercial zoning districts, mixed employment and high density employment, to implement new land use designations recommended in the Ten Mile interchange specific area plan. In summary, the changes proposed in the staff report represent changes the planning staff believes will make fihe implementation and use of the UDC more understandable and enforceable. Since the application was submitted, the Planning Department has discovered two more changes that should be made to the UDC. First, studios should be relocated from its current location within the definition of private education institutions, to be located in the definition of arts, entertainment, and recreation facilities. Karate and yoga have also been added as examples to that arts, entertainment and recreation facilities definition. See Section 11-1A-1. Second, to be consistent with the rest of fhe secfiion regarding term of class, Section 11-66-7AC should be amended by referencing a time extension from the date of the city engineer's signature, not the recordation date. Staff recommends approval of fhe subject zoning ordinance amendment application with fihe changes to the UDC listed in Section 8 of the staff report. Staff will stand for any questions you may have. Moe: I was waiting for that. Are there any questions of staff? OBrien: I have a question, Mr. Chairman, of Sonya. Meridian Planning & Zoning May 1, 2008 Page 36 of 40 Moe: Mr.O'Brien. O'Brien: I# has to do with the amateur radio antenna height requirement. It looked like it was at 35 feet and it was -- I don't know what's changed, if it was changed at all. I`m trying to find out where I-- where I read that. M a rs h a I I: 4-3-43. 11.4-3-43 . OBrien: Yes. Marshall: Yeah. O'Brien: Did you get that? Marshalt: Want me to restate that? O'Brien: 11-4-3-43 is -- let me see that. Yeah. It says amateur radio antenna standards pursuant to the FCC, et cetera, et cetera, has been crossed out and I don't know what that means by crossing that out, if that's been changed, deleted, or otherwise. Watters: Chairman Moe, Commissioners, Commissioner O'Brien, if you're referring to strike out -- OBrien: Yes. Watters: -- on 1-C, that's what was there previously and that's proposed to be removed. O'Brieri: And the next page on 11-4-3-43, in the middle of the page there where it says antennas with a height in excess of 35 feet shall require a Conditional Use Permit. What is fhe standard height? Is fhat 35 still? Is it stated somewhere else? Watters: Chairman Moe, Commissioners, Commissioner O'Brien, I'm not sure right off looking at this. Caleb had prepared this report and -- Baird: Mr. Ghair and Members of the Commission, if I could jump in. Just from my quick review of it, on the previous page under 43-C, it looks like they are trying to match up the height with the district that the tower is in. So, they are removing the standard 35 foot and, then, making it be appropriate to the particular -- particular zone that it's located. Am I on track with that? Is that what you're saying? Watters: I believe so. Marshall: You're right. OBrien: Okay. It was confusing to me. My only interest is the fact that I have a ham license and I'm still in the county, so I don't know if those are consistent with out of city Meridian Flanning & Zoning May 1, 2008 Page 37 of 40 and city or whatever the area. And so when I saw that crossed out, I couldn't -- I didn't quite understand it all. But thank you. Baird: I could also add as an aside that if you were ever brought into the city, you would be a nonconforming use and you would be allowed to continue until -- . O'Brien: Okay. Baird: So, it shouldn't have any impact on currently existing towers. O'Brien: That's good news. Thank you very much. That's all- I have. Moe: Okay. All right. Any other questions? Marshall: Just a comment that I keep stumbling over, Mr. Chairman. Moe: Mr. Marshall. Marshall: Each time it says any use not explicitly listed and, then, they are adding: Or listed as a prohibited use in table -- whichever several times -- of this section is prohibited. So, we are saying that anything -- I keep stumbling over that as I read it. It's any use not explicitly listed or listed as a prohibited use is prohibited. Watters: I can explain that if you'd like. Rohm: Please do. Watters: I~don't know if I can state this a different way than what you just said, but, basically, if it's not listed in the schedule of use it's a prohibited use. Marshall: Right. Watters: The uses that are listed that are shown as a-- well, wait a minute. Baird: Mr. Chair? Watters: I'm going to back myself up here. Newton-Huckabay: If it's not specifically listed as prohibited, it's still prohibited. Watters: Yes. Baird: Mr. Chair and Members of the Commission, the flip side would be to be allowed it needs to be listed. Meridian Planning 8 Zoning May 1, 2008 Page 38 of 40 Watters: If it's listed in -- what I said previously and, then, if the use is listed in the schedule of use with a dashed line that means it's prohibited. Does that clarify your -- Marshall: I understand what it's trying to say. Watters: Okay. Marshall: It just feels very stilted and difficult to get over. You have to sit and fihink about it for a second and, then, okay, that makes sense, but I'm not quite sure why we have to add that? I mean I thought it was pretty clear before that without that it says -- it states any use not explicitly listed is prohibited. Seems pretty clear to me. But I feel like we are complicafing it by saying, well, now if we are listing it as a prohibited use, it's also prohibited or it's not prohibited, but it's prohibited because it's listed as prohibited. Watters: Which number are you looking at? Marshall: Right now -- it occurs several times. First is 11-2A-2C. Watters: 2A-2C? Marshall: Yes. And it's also in 11-2B-2C. 11-2B-2C. I think it's in here again, but -- I just felt like it was complicating the issue a little more than it needed to be. Baird: Mr. Chair, Members of the Commission, I have got a feeling that somebody probably thought they had a gotcha, because something was listed, but it was listed as prohibited, so this is probably staff's attempt to just close a potential loop hole. I'm sure there was a reason for it and if for some reason this doesn't make sense or can be addressed differently, it's possible that it could be changed before this gets to City Council. It's probably something -- a comment that Sonya might take back and get some history on in case it comes up at City Council. ~ Watters: It's just, basically, covering all our bases. It's not leaving it -- like Ted said, it's not leaving any loop holes. You wouldn't believe the interpretations we have sometimes. Marshall: What bothers me about that is that somebody may try to interpret that it's listed on the prohibited use, so now it's not prohibited. Newton-Huckabay: Mr. Marshall, is the agreement that Sonya will get that clarified by staff sufficient for you? Marshall: That works for me. Moe: Okay. If that's sufficient, then, I just need someone to close this hearing and move forward on whatever we are going to do here, folks. So, can I get someone to make a mofion? Meridian Planning & Zoning May 1, 2008 Page 39 of 40 Rohm: Mr. Chairman? Moe: Mr. Rohm. Rohm: I move that we close the Public Hearing on ZOA 08-001. Newton-Huckabay: Second. Moe: It has been moved and seconded to close the Public Hearing on ZOA 08-001. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Moe: Mr. Rohm. Rohm: Mr. Chairman, I move that we forward onto City Council recommending approval of ZOA 08-.001, with comments that planning staff clarify the intent of the aforementioned discussion. Moe: Now, will staff remember what that was? Rohm: Yeah. Well, it's in the record. Moe: All right. Newton-Huckabay: Second. Moe: And there was a second. Great. It's been moved and seconded to move onto City Council requesting approval of ZOA 08-001, as modified, possibly. All those in favor? Opposed? That motion carries. MOTtON CARRIED: ALL AYES. Newton-Huckabay: I move we adjourn. Rohm: Second. Moe: It's been moved and seconded to adjourn. All those in favor'? Opposed? MOTION CARRIED: ALL AYES. Moe: We adjourned at 8:47. MEETING ADJOURNED AT 8:47 P.M. 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