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DATE;
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPOR~ECEIVED
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August 3, 2006
TO:
Mayor and City Council
FROM:
Kristy Vigil, Assistant City Planner (.Jf
SUBJECT:
Buich Subdivision (aka Cherry Lane Office Park)
Request for an Additional One-Year Time Extension to Record the Final Plat for Buich
Subdivision, and a One Year Time Extension for the Commencement of the Conditional
Use Permit. The Approved Final Plat Consists of 5 Commercial Office Building Lots.
The approved Conditional Use Permit for a Planned Development includes a Nursing
Home Facility for 40 Patients and Office Pad Sites with Reduced Setbacks, Reduced
Buffers, and Reduced Landscaping Along Cherry Lane in an L-O Zone, by RGJ Cherry
Lane, LLC (File# TE-06-014 and TE-06-015).
We have reviewed this submittal and offer the following comments:
APPLICATION SUMMARY
The applicant, RGJ Cherry Lane, LLC, has requested approval of an additional one-year time extension to
record the [mal plat and to commence the conditional use permit for Buich Subdivision. The approved
final plat consists of 5 commercial office building lots. The approved conditional use permit consists of a
planned development for nursing home facility for 40 patients and office pad sites to include reduced
setbacks, reduced buffers, and reduced landscaping along Cherry Lane on 2.07 acres in an L-O Zone.
The final plat (FP-04-040) for Buich Subdivision was approved by the Meridian City Council on July 6,
2004 and had an expiration date of July 6, 2005. The Meridian City Council approved a time extension
for the Buich Subdivision final plat on June 21, 2005 for an additional year and it expired on July 6,2006.
The conditional use permit (CUP-03-048) for Buich Subdivision was approved by the Meridian City
Council on February 10,2004 and had an expiration date of August 10,2005. The Meridian City Council
approved a time extension for the Buich Subdivision conditional use permit on July 26, 2005 for an
additional year and it expired on July 26, 2006. ill accordance with Unified Development Code 1l-6B-7C,
the Planning Department received a written request from the applicant on July 6, 2006 for an additional
one year extension for both the final plat recordation and commencement of the CUP. The applicant is
requesting the extension because they have had to redesign the sewer system. Also, there was a change of
ownership causing a delay. For these reasons, they are unable to meet the time requirements specified in
Unified Development Code (UDC 11-6B-7 and UDC 11-5B~6).
The City of Meridian's Unified Development Code (UDC 1l~6B-7C) allows the City Council to
authorize an additional extension of time to record a final plat, not to exceed 18 months, when the
applicant files a written request for an extension prior to the expiration of the plat, which the applicant has
done. The City of Meridian's Unified Development Code (UDC 11-5B-6F5) allows the Commission to
authorize an additional extension of time to commence the use (for CUP's), not to exceed 18 months,
when the applicant files a written request for an extension prior to the expiration of the conditional use
permit, which the applicant has done. However, UDC Table 11-5A-l requires the same decision maker as
the initial approval to decide whether a time extension is appropriate. The Meridian City Council
approved this project as a Conditional Use Permit for a Planned Development in February, 2004. Also,
the Meridian City Council approved a one-year time extension on July 26, 2005 for the approved
CUP/PD. Because the Meridian City Council was the deciding body on the CUP/PD and the initial time
extension, both of the subj ect applications for additional time extensions are before the City Council for a
decision.
TE-06-014 and TE-06-015 Buich Subdivision (aka Cherry Lane Office Park) FP & CUP TE.doc
PAC
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
With all extensions, the City may require compliance with the current provisions of the ODe as a
condition for granting a time extension (UDC 11-6B-7C and UDC 11-5B-6F4). Staff believes that there
are no additional conditions that should be added to those approved by the City Council with the final plat
for this subdivision, at this time.
LOCATION
The property is located on the north side ofW. Cherry Lane, approximately ~ mile west ofN.
Linder Road, in the SE 1;4 of Section 2, T.3N., R.1W.
STAFF RECOMMENDATION
Staff recommends approval of TE~06-014 for an additional one-year time extension to record the final
plat for Buich Subdivision (File # FP~04-040) by July 6, 2007 and approval of TE-06-015 for an
additional one-year time extension to commence the use for Buich Subdivision (aka - Cherry Lane Office
Park. CUP-03-048) by July 26,2007. Staff further recommends that the applicant should comply with all
of the previous conditions of approval for CUP~03~048 and FP-04-040, as a condition of the subiect time
extension aoprovals.
TE-06-014 and TE-06-015 Buich Subdivision (aka Cherry Lane Office Park) FP & CUP TE.doc
PAC