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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) ..___-. .gip ~.,. ....,. _~r a ......r. E. YIC~~N~gp ... •. n pl C _ -. ~~ ~" r ~ .. ;.. .e I 1 5. ~ f -. - ". - ~.. r Y~ t'yp'`~, ., ~,.i ~ ~~--,tea- ~ ~ I ~ ~ ~ ~ .~ '_71'.3 ..y < i ~~~ e. ' ~, ; ~ ~ .: N s. '~ i tea.- ~.8 ~' ~ gar / '.. ~ '~ ^wrY6v Sly-- -11Y ... ., ~ ~~ - ~ ~; ~ , .~~ s ~' ~ r LyC o-y' ' ]ry I :' ~ ~ ((Ili ., t. ::~ I '~ "~ ,, 111 J L I .' j. '` '..~I N't'I .. I 1 1~~/ .... '. i i '' ~ .. ._ '.,. i '......' I '. I~~~' I '~.`'' '~~.:., '~."I~ zs z8 IIIn, 0 --~~ ~ a ®A~1Yw~lf O o® IMA.MY~. y~ r.r.rla.l~ ~}( • .arr .r. ~ srsa ® a1.11rrM i YIe Y.I 1rl.a~ W anuw.. r1r M1rr1/I r71~ .+ ~^ tWaa wa ~ ~ ~ w7n1 f +aw+wsta.war~iJ. a II uaa Pars 2' ~ ~ same srsarrr ` I~la~~i~ww r.eram nw. .MI~IYIY/ra glnrY.IrA a rr~ ~wrrs~a.rnw 06 wr4YfY1. Vl~ r.r.. n.rtirr ~ soar .w a ~.~iilt~.r le. .la /OMB .IS. +~~~ Y wY1M •R W.VYi~ ~LL a l~i~lf~lifrl1 ~9ar~ + AI'tCNHC4 ~ ~ ~~~w~na r w~l.- .ww~rnwr rirrw • ~[~ 1 W a~ ~ r~i.~W rrr~al~a i.lrr ~^ BrchlraikaM Dmpn x.•-e•.w '.Si~1~i114s":~"rrw^ ~r N.~arwlw• ~i~ Q~ 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} -- -:~~. ~ : .. N f ~ :. ... ~ ~. ~ i , ,.. . nra 1 I ~ -~^ ~ ,A,~ I ., r-----; ~- ~.ni • r • v:,xr..: r: mr r •:..e ii• . ir, a e .v:ro.rr~~r~a ~«ur :4 ::..valwa Dela tbMS ~ a bPL~S¢_Vtf s rr rl r ,~.~1+Yl0 rtoc. brg vam u.ta ~nanQ y ~ {~ mow. .rc .. ...[ ,..r w ~r'V { ~.K raN r~ •r~. _ k~ ~u~meL~ ~ a +o.~. R.r. /.{>dril .rr Y!.wilKai.+~~rte , 8~4t . _ ~ __.... - . ~' :.~.~,.aaa ..~..,~ .3.,a .. , ~ , J ~~ r ~~: w~, ~.y ~; SNIEYiE1p .i)'i'aeMU~~ 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