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Staff ReportChanges to Agenda:' Items 4A and 46 -The applicant is requesting these items be continued to the November 3, 2011 hearing. Item #4C: Medina Drive-through (TEC-11.004) Application(s): - CUP Time Extension Size of property, existing zoning, and location: This site consists of 1.08 acre(s), is currently zoned C-G, and is located at 1653 S. Meridian Road. Adjacent Land Use & Zoning: North: Fuel facility, convenience store and office building, zoned C-G South: Vacant commercial land, zoned C-G East: Walgreens, zoned C-G West: Lowes, zoned C-G History: This property received conditional use permit (CUP-08-021) approval from the Planning & Zoning Commission on September 5, 2008. The CUP granted approval of a drive-thru establishment in a C-G zoning district. Summary of Request: The applicant is seeking a two year extension to commence construction of the 7,800 square foot building with the associated drive-through. This the second time extension requested for the project. The reason for the delay is the applicant has been unable to secure the necessary tenants to move forward with the multi-tenant building. Written Testimony: Applicant is in agreement with the conditions of the staff report. Staff Recommendation: Approval Notes: CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT HEARING DATE: October 20, 2011 E IDIAN~--- Mar TO: Planning & Zoning Commission I D A H O FROM: Sonya Watters, Associate City Planner SUBJECT: TEC-11-002 Medina Drive-Thru I. APPLICATION SUMMARY The applicant, Meridian Gateway Associates, requests approval of a two year time extension (TEC) on the conditional use permit for adrive-thru establishment for Medina in order to commence the permitted use as set forth in UDC 11-SB-6F. II. STAFF RECOMMENDATION Staff recommends approval of the subject time extension, to expire on September 4, 2013, with the conditions included below in Exhibit B. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number TEC-11- 002, as presented in the staff report for the hearing date of October 20, 2011. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TEC-11- 002, as presented during the hearing on October 20, 2011 for the following reasons: (You must state specific reasons for denial and what the applicant could to do to obtain your approval in the future.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number TEC- H -002 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 1653 S. Meridian Road, in the northeast % of Section 24, Township 3 North, Range 1 West. B. Owner: William E. Howell 497 White Cloud Drive Boise, ID 83709 C. Applicant: Jeff Huber, Meridian Gateway Associates 8385 W. Emerald Street Boise, ID 83704 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. Medina Drive Through CUP TEC-11-002 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT V. UNIFIED DEVELOPMENT CODE Per UDC 11-SB-6F, approval of a conditional use permit (CUP) shall become null and void if the applicant fails to commence the permitted use as set forth in UDC 11-SB-6F within the time period approved with the CUP. Upon written request and filing by the applicant prior to the termination of the allowed time period, the Director may authorize a single extension of time to commence the use not to exceed one 2-year period. Additional time extensions up to 2 years as determined and approved by the Commission may be granted. With all extensions, the Director or the Commission may require the conditional use comply with current provisions of the UDC. VI. PROCESS FACTS A. The subject application is for a conditional use permit time extension. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: October 3, and 17, 2011 C. Radius notices mailed to properties within 300 feet on: September 29, 2011 D. Applicant posted notice on site by: October 5, 2011 VII. HISTORY OF PREVIOUS ACTIONS: This property received conditional use permit (CUP-08-021) approval from the Planning & Zoning Commission on September 5, 2008. The CUP granted approval of a drive-thru establishment in a C-G zoning district. An 18-month time extension (TE-10-012) to commence the use permitted with the CUP was approved by the Director on March 16, 2010 and expired on September 4, 2011. VIII. STAFF ANALYSIS A CUP for the development of the subject property was approved in 2008 fora 7,800 square foot multi-tenant building with adrive-thru establishment. A CUP was required in accord with UDC 11-4- 3-11A because another drive-thru facility (Walgreen's pharmacy) exists within 300-feet of the proposed drive-thru. Additionally, the development agreement for this site requires CUP approval prior to development on this site. This is the second time extension requested for the subject conditional use permit. Approval of the subject time extension will allow the applicant to proceed with development of the site and commencement of the use permitted with the CUP. If the subject time extension is not granted, the applicant would be required to go through the CUP application process again. The reason for the request as stated in the applicant's narrative is the applicant has been unable to secure the tenant leases required to move forward with the drive-thru retail building. As a condition of approval of the previous time extension, future development of the site was required to comply with the design standards listed in UDC 11-3A-19 and the design guidelines listed in the City's Design Manual. Staff is not recommending any new conditions of approval with the subject time extension request. V. EXHIBITS A. Drawings 1. Vicinity Map Medina Drive Through CUP TEC-11-002 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT 2. Approved Site Plan 3. Approved Building Elevations B. Conditions of Approval Medina Drive Through CUP TEC-11-002 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit A.1-Vicinity Map \--~ -.~.__._.,_. _,,.__.~~ -,~-- "?TER e' -..~ _ ~MIT~RS7ATE 88 ,,~ _ -'__- ~fi ~~~~~~~~~ -- ~.~--~' ~ ~_ _1 __.__~~--- I Site G (, mw Medina Drive Through CUP TEC-11-002 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit A.2 -Approved Site Plan (dated: 6/26/08) a ~ . `~; t ~i ~ 1 ~ aAN ~~ ,~.~~ .,~..~. ~`°` ~ ~. ~.A~ .~.. ___. -.sph.: . .. i~ ._.._. ....~.. y"" ~'_. .._.__.._. ._ ~. ., .~ ---__.. - _ .._ __l ~I~y~iP(fI Y- ~ --- ...~ ____ .; .~ ,. ~~11~._l_1 ~~.1.1_I_l , ~~ ~ ~ , ~' _ - -, '~ ~~ J ~.®m..® ~~--~ -- sECT~ 3 e.evATaa ~;~ µ± axxosi~ ~w SRE OATH `,' L PRO~EC w...n.. w.a Mp114~YCT: 4w acv ~ 'b~~~YPe' ~• IhIDBCJIPE AM Medina Drive Through CUP TEC-11-002 Page 5 ~; 'F` W UYRRLAW ROAD ,_. ... .mmt .:~... - , w.~::. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT 3. Approved Building Elevations 1~ e~rx~ ~,..w mar e.arr~rian o.,..,~ a~rarlpr ,~,~r ~v,~,~ara ..~.~.~ Medina Drive Through CUP TEC-ll-002 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit B -Conditions of Approval The applicant shall meet all terms of the approved annexation (AZ-04-031; Development Agreement Inst. #105134293), conditional use permit (CUP-08-021), and time extension (TE-08- 020; TEC-11-002) applications for this development. Medina Drive Through CUP TEC-11-002 Page 7