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• • Of Report Number Agenda Section VNNM �UFM Council Meeting Date the city that works for you REQUEST FOR COUNCIL CONSIDERATION 08-304 VI -7 November 10, 2008 ITEM DESCRIPTION: 180 -day extension of Special Use Permit and Site Plan approvals, per Resolution 08-049, granted on May 13, 2008 for 2051 Silver Lake Road. DEPARTMENT HEAD'S APPROVAL: Grant Fernelius, Community Development Director CITY MANAGER'S APPROVAL: No comments to supplement this 15.99 Deadline: Not applicable Comments attached Recommendation: Adoption of the attached Resolution approving a 180 day extension of Special Use Permits and Site Plan approvals to May 13, 2009, subject to compliance with the conditions noted in Resolution 08-049. Legislative History: February 19, 2008: Planning Commission considered the Site Plan and Zoning Code Amendment requests. The Commission approved the proposed Code Amendment, however tabled action on the Site Plan to allow for Council adoption of the Code Amendment. February 26, 2008: The City Council adopted the proposed Zoning Code Amendment to Section 11-020 (6) (exception). March 18, 2008: The Planning Commission continued discussion on the Site Plan and held a public hearing concerning the Special Use Permit. The Commission tabled action to allow preparation of an additional code amendment, which would require a Special Use Permit for all drive-thru facilities. April 15, 2008: The Planning Commission re -opened the public hearing and continued discussion on the Site Plan and Special Use Permits. No public testimony was given. The Commission recommended approval of the Site Plan and Special Use Permits subject to conditions. April 22, 2008: The City Council heard the request and allowed a resident to speak. The Council tabled action to allow time to make modifications to the Zoning Code Amendment concerning drive-thru facilities, which this proposal will be subject to those criteria. May 13, 2008: The City Council continued discussion of the proposed Special Use Permits and Site Plan. The Council voted 4-1 to approve the requests, subject to compliance with ten conditions. Financial Impact: Not applicable Explanation: The applicant is requesting a 180 -day extension of the Special Use Permits and Site Plan approved on May 13, 2008. Zoning Code Sections 8-040 and 8-250 requires that special use permits and site plan approvals be acted on, by obtaining a building permit, within 180 days of Council approval or those approvals become null and void. These same sections allow Council authorization of an extension when such extension is requested in writing. Further, an extension cannot be approved unless it is requested on and acted prior to the original expiration. The City Council approved the original