Final Order for ApprovalBEFORE THE MERIDIAN PLANNING & ZONING COMMISSION
C/C OCTOBER 20, 2011
IN THE MATTER OF THE
REQUEST FORA 2-YEAR TIME
EXTENSION ON THE
CONDITIONAL USE PERMIT FOR
MEDINA DRIVE THRU IN ORDER
TO COMMENCE THE
PERMITTED USE, LOCATED IN
SECTION 24, T.3N., R.1W.,
MERIDIAN, IDAHO
BY: JEFF HUBER, MERIDIAN
GATEWAY ASSOCIATES
APPLICANT
CASE NO. TEC-11-002
ORDER OF CONDITIONAL
APPROVAL OF TIME EXTENSION
This matter coming on regularly before the Planning & Zoning Commission on October
20, 2011, upon the Applicant's submittal of a conditional use permit time extension application
fora 2-year extension within which to commence the use as approved with the conditional use
permit (CUP-08-021) in accord with UDC 11-SB-6F, which conditional use permit was
originally approved on September 5, 2008, as provided in Unified Development Code § 11-6B-
7C, and good cause shown. An administrative time extension (TE-10-012) for eighteen (18)
months was previously approved for this subdivision by the Planning Director on March 16,
2010 and would have otherwise expired on September 4, 2011.
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR MEDINA DRIVE THRU (TEC-11-002)
Page 1 of 2
IT IS HEREBY ORDERED THAT:
The above named Applicant is granted an additional two (2) year extended period of time,
until September 4, 2013, within which to commence the permitted use in accord with
UDC 11-SB-6F, subject to the conditions of approval as shown in the attached Staff
Report for the hearing date of October 20, 2011 incorporated by reference.
Attached: Staff Report for the hearing date of October 20, 2011
By the action of the Planning & Zoning Commission at its regular meeting on the day of
.2011.
COMMISSIONER SCOTT FREEMAN VOTED
(Chairman)
COMMISSIONER MICHAEL ROHM VOTED
COMMISSIONER TOM O'BRIEN VOTED
COMMISSIONER JOE MARSHALL VOTED
COMMISSIONER STEVEN YEARSLEY VOTED,
Scott Freeman, Chairman
Attest:
Jaycee Holman, City Clerk
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
By:
City Clerk's Office
Dated:
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR MEDINA DRIVE THRU (TEC-11-002)
Page 2 of 2
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-
11-002 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
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
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
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Medina Drive Through CUP TEC-11-002 Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Exhibit B -Conditions of Approval
1. 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