HomeMy WebLinkAboutTime Extension Staff ReportE IDIAN��C
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March 8, 2010
Mr. R Greg Goins
DMG Real Estate Partners, LLC
350 N. 91h Street, Suite 201
Boise, Idaho 83 702
O MNED
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
REC--ETVF,D
MAR 0 8 2010
CITYOFC%t IE D�I;v
CITY CLERKS OFFICE
RE: Shops at Victory — Conditional Use Permit & Preliminary Plat Time Extension (TE-10-009)
Dear Mr. Goins:
Per UDC 11-513-6 and the findings of the attached staff'report for the time extension request for
Shops at Victory, I am granting approval of'an 18-month time extension as requested. You have
until September 9, 2011 to satisfy the applicable requirements set forth in the conditions of
approval, acquire building permits and commence construction of permanent footings or
structures on or in the ground; and record the final plat. Additional time extensions up to
eighteen (18) months as determined and approved by City Council may be granted in the future,
if necessary.
Please note that UDC 11-5B-6F4 allows the director to require, as part of a time extension
approval, compliance with current provisions of the UDC. Because this project was
approved prior- to the adoption of'the City's Design Manual, a new condition of approval
has been added for development of the site to comply with the design standards listed in
UDC 11-3A-19 and the guidelines contained in the Design Manual. Additionally, a
condition of approval has been added for- the applicant to reimburse the City for sewer, &
water- mains built in Victory Road in conjunction with the ACHD EagleNictory
intersection construction project, in accord with Title 8, Chapter, 6 of City Code, prior to
signature on the final plat by the City Engineer. This code went into effect on May 5, 2009,
after, this project was approved. Please see Exhibit B of'the attached staff'report for details
on the additional conditions of approval for, the subject development.
In accordance with UDC 11-5A-3F and UDC 11-5A-6, you have the option to request City
Council review of'the Director's decision.. All requests for City Council Review shall be filed in
writing with the Planning Department within fifteen (15) days after the date of'this letter The
request should include the decision being requested for review; the name & address of'the person
requesting the review and their interest in the matter; and the specific grounds upon which the
request is made After receipt of'the request for review of'the action of the Director, the Council
shall hold a de nova public hearing to reach a decision to uphold or overrule the action..
Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533 . Fax 208-888-6854 . www..meridiancity.org
If' you should have any questions regarding this matter, please don't hesitate to call Sonya
Watteis at 208-884-5533
Sincerely,
Ce Fziedman, ' ICP
eputy Dit ector
Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533. Fax 208-888-6854 . www,meridiancity.org
CITY OF MERIDIAN PLANNING DEPARTMENI STAFF REPORI
DATE: March 8, 2010
TO: Anna Canning, Planning Director E IDIAN --
FROM: Sonya Watters, Associate City Planner
SUBJECT: Shops at Victory — Conditional Use Permit & Preliminary Plat Iime Extension (File
#TE-10-009)
I„ APPLICATION SUMMARY
The applicant, DMG Real Estate Partners, LLC, has requested approval of an 18-month time
extension to record the final plat and commence the use approved with the conditional use permit.
The subject preliminary plat consists of 3 building lots on 4.79 acres of land. The conditional use
permit is for a drive-thru pharmacy within .300 feet of an existing residence, as required by UDC 11-
4-.3-11.
The Applicant has been unable to meet the time requirements specified in Unified Development Code
(UDC) 11-5B-6F for conditional use permits and preliminary plats The Applicant states the current
economic climate has directly impacted their ability to meet the original timelines, thus a time
extension is requested.
The preliminary plat (PP-08-006) and conditional use permit (CUP-08-011) for Shops at Victory were
approved by the Meridian City Council on September 9, 2008, Per the conditions of approval, the
conditional use permit and preliminary plat would otherwise expire on March 9, 2010. Note The
Development Agreement (DA), required with annexation of this property, has not yet been signed &
approved by Council, thus the property has not been officially annexed. A one-year time extension for
the applicant to sign and obtain Council approval of the DA was granted on August 2.5, 2009
II. STAFF RECOMMENDATION
Staff recommends approval of an 18-month time extension for the preliminary plat (PP) and
conditional use permit (CUP), as requested by the applicant, to expire September 9, 2011, with the
conditions listed in Exhibit B .
1II. LOCATION
The subject property is located on the southeast corner of S. Eagle Road and E. Victory Road at 3210
S Eagle Road, in the NW '/ of Section 32, Township 3 North, Range 1 East BM., (see Exhibit A. I).,
IV. STAFF ANALYSIS
T he City of Meridian's Unified Development Code (UDC 11-5B-6F .4) authorizes the Director to
grant a single extension of time not to exceed one 18 month period to record the fmal plat and
commence the use approved with the conditional use permit as specified in UDC 11-5B-6F .1,
provided that none of'the conditions listed in UDC 11-5B-6F.5 exist. Additional time extensions up to
18-months as determined and approved by the City Council may be granted.
The Director may require compliance with the current provisions of the UDC as a condition for
granting a time extension (UDC 11-5B-6F.4), On .July 15, 2008, the City Council provided staff'with
guidelines to use when evaluating time extension requests, These guidelines include requiring
compliance with current UDC standards, installation of infrastructure necessary for the development
of adjacent properties and payment of any outstanding reimbursement agreements. The guidelines are
meant for guidance and not as a mandate.
IE-10-009 Shops at Victory CUP PP I doc Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Based on the direction given to Staff; there are additional conditions for this project Staff' is
recommending be added/updated to the previously approved set of conditions. Please see the site
specific conditions of approval for the subject time extension listed in Exhibit B
V.. EXHIBITS
A Drawings
1 Vicinity/Zoning Map
2, Approved Preliminary Plat
3 . Approved Conceptual Site Plan (Dated: 4/18/08, Revised: 4/24/08)
B. Conditions of Approval
IE-10-009 Shops at Victory CUP PP I E.doc Page 2
CITY OF MERIDIAN PLANNING DEPARIMENI SIAFF REPORI
Exhibit Al — Vicinity/Zoning Map
TE-10-009 Shops at Victory CUP PP IE.doc
Page 3
CITY OF MERIDIAN PLANNING DEPARIMENI SIAFF REPORT
Exhibit A.2 - Approved Preliminary Plat (Dated: 4/18/08, Revised: 4/24/08)
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TE-10-009 Shops at Victory CUP PP I doc Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Exhibit A 3 — Approved Conceptual Site Plan (Dated: 4/18/08, Revised: 4/24/08)
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I E- 10-009 Shops at Victory CUP PP I E doe Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORI
Exhibit B — Conditions of Approval
1, The applicant is to meet all terms of the approved annexation (AZ-08-00'7), development
agreement, conditional use permit (CUP-08-011), and preliminary plat (PP-08-006) for this
development
2. Development of the site shall comply with the design standards listed in UDC 11-3A-19 and the
design guidelines listed in the City's Design Manual
3. Prior to signature on the final plat by the City Engineer, the applicant shall be responsible to
comply with Iitle 8, Chapter 6 of City Code to reimburse the City for sewer and water mains
built in Victory Road in conjunction with the ACHD Eagle/Victory intersection construction
project.
IE-10-009 Shops at Victory CUP PP IE.doc Page 6