Time Extension Director Determination~~E IDIZ IAN--
,as~~J
March 8, 2010
Mr. R. Greg Goins
DMG Real Estate Partners, LLC
350 N.. 9~h Street, Suite 201
Boise, Idaho 83702
MayorTammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
RECETVED
MAR 0 8 ZO10
CITY OFGC~I~ I~1~~--
CITY CLERKS OFFICE
RE: Shops at Victory -Conditional Use Permit & Preliminary Plat Time Extension (TE-10-009}
Dear Mr. Goins:
Per UDC 11-SB-6 and the findings of'the attached staff'r~eport for' the time extension request for
Shops at Victory, T am g•anting 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 o#'perrnanent 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 maybe granted in the fatur~e,
if' necessary.
Please note that UDC 11-5B-6F4 allows the dir~ector~ to r'equir'e, as part of a time extension
approval, compliance with cur~r•ent provisions of'the UDC. Because this project was
approved pr~ior~ 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 f'or' the applicant to reimburse the City for sewer &
water mains built in Victory Road in conjunction with the ACHD Eagle/Victory
intersection construction project, in accord with Title S, 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-SA-3p and UDC 11-SA-6, you have the option to request City
Council review of'the Directox•'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 Warne & 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 novo public hearing to reach a decision to uphold or~ overrule the action.,
Planning Department . 33 E. Broadway Avenue, Meridian, ID 83&42
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
Wafters at 208-884-5533
Sincerely,
~~
e Friedman, 'AICI'
eputy Director
Planning Department , 33 E, Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533 . Fax 208-888-6854 . www.meridiartcity..org
CIIY OF MERIDIAN PLANNING DEPARiMENI STAFF REPORI
DAIS: March 8, 2010
E IDIANY---
IO: Anna Canning, Planning Director ~w ;:t ,.~~ ~ ,
FROM: Sonya Wattex~s, Associate City Planner
SUBJECT: Shops at Victory -Conditional Use Permit & Preliminary Plat Time Extension {File
#TE-10-009)
I. APPLICATION SUMMARY
the applicant, DMG Real Estate Paztners, 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 fox• 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 x~equir•ements specified in Unified Development Code
(UDC) 11-SB-bF for conditional use permits and preliminary plats. I'he Applicant states the current
economic climate has directly impacted their ability to meet the origixral 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
DevelopmentAgr~eement (DA), required with annexation of this pr~oper~ty, 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 25, 2009
II. STAFF RECOMMENDATION
Staff'recommends approval of an 18-month time extension fox the preliminazy plat (PP) and
conditional use pexrnit (CUP), as requested by the applicant, to expire September 9, 2011, with the
conditions listed in Exhibit B..
III. 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 '/a of Section 32, Township 3 North, Range 1 East B .M.. (see Exhibit A. l ).,
IV. STAFF ANALYSIS
the City of Meridian's Unified Development Code {UDC 11-SB-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-SB-bF..l,
provided that none of'the conditions listed in UDC 11-SB-6F.,5 exist, Additional time extensions up to
18-months as determined and approved by the City Council maybe granted.
The Director may require compliance with the current provisions of the UDC as a condition for
granting a time extension {UDC 11-SB-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 infi~astructure necessary for the development
of adjacent properties and payment of any outstanding reimbursement agreements.. The guidelines aze
meant for• guidance and not as a mandate.
TE-10-009 Shops at Victory CUP PP TE doc Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORI
Based on the direction given to Staff; there are additional conditions foz• this pz•oject Staff' is
z•ecommending be added/updated to the pz eviously appz~oved set of conditions .Please see the site
specific conditions of appz•oval foz the subject time extension listed in Exhibit B .
V„ EXHIBITS
A Dz•awings
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 IE,doc Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT SIAFF REPORT
Exhibit A„1-Vicinity/Zoning Map
IE-10-009 Shops at Victory CUP PP IE,doc Page 3
CITY OF MERIDIAN PLANNING DEPARIMENI SIAFF REPORT
Exhibit A.2 -Approved Px~eliminary Plat (Dated: 4/18/08, Revised: 4/24/08)
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IE-10-009 Shops at Victory CUP PP IE doc Page 4
CIIY OF MERIDIAN PLANNING DEPARIMENI STAFF REPORI
Exhibit A..3 -Approved Conceptual Site Plan (Dated: 4/18/08, Revised: 4/24/08}
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TE-10-009 Shops at Victory CUP PP TE.doc Page 5
CITY OF MERIDIAN PLANNING DEPARIMENI STAFF REPORT
Exhibit B -Conditions of AppY•oval
1, The applicant is to meet all tezms of the approved annexation (AZ-08-007), development
agreement, conditional use pezmit (CUP-08-011), and preliminary plat (PP-08-006) foz~ 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. Pz~ioz to signature on the final plat by the City Engineez, the applicant shall be responsible to
comply with Iitle 8, Chaptez 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..
I'E-IQ-009 Shops at Victory CUP PP TE,dac Page 6