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
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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)
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Medina Drive Through CUP TEC-11-002 Page 5
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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