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CC - Staff Report Shops at Victory CUP PP TEC-15-004 Page 1 HEARING DATE: September 15, 2015 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner SUBJECT: TEC-15-004 – Shops at Victory I. APPLICATION SUMMARY The Applicant, Ken Lenz, requests approval of a one year time extension (TEC) on the previously approved conditional use permit (CUP) and preliminary plat (PP) for the Shops at Victory project. II. STAFF RECOMMENDATION Staff recommends approval of the subject time extension, to expire on September 9, 2016, with the conditions included in Exhibit B. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number TEC-15- 004, as presented in the staff report for the hearing date of September 15 2015. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TEC-15- 004, as presented during the hearing on September 15, 2015 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 Fil e Number TEC- 15-004 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 site is located at 3210 S. Eagle Road at the southeast corner of E. Victory Road and S. Eagle Road, in the NW ¼ of Section 28, Township 3.N, Range R.1E. B. Owner: David McKinney 350 N. 9th Street, Ste. 201 Boise, ID 83702 C. Applicant: Ken Lenz, White-Leasure Development Company 8385 W. Emerald St. Boise, ID 83704 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. Shops at Victory CUP PP TEC-15-004 Page 2 V. UNIFIED DEVELOPMENT CODE Per UDC 11-5B-6F, a conditional use permit when granted shall be valid for a maximum period of two years unless otherwise approved by the city. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. Per UDC 11-6B-7, approval of a preliminary plat shall become null and void if the applicant fails to obtain the City Engineer’s signature on the final plat within two years of the approval of the preliminary plat. Where the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if signed by the City Engineer within successive intervals of two years, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filing by the applicant prior to the termination of the allowed time period, the City Council may authorize a time extension up to two years. With all extensions, the City Council may require the conditional use and/or plat to comply with current provisions of the UDC. VI. PROCESS FACTS A. The subject application is for a time extension. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 24, and September 7, 2015 C. Radius notices mailed to properties within 300 feet on: August 20, 2015 D. Applicant posted notice on site by: September 5, 2015 VII. HISTORY OF PREVIOUS ACTIONS:  This property received preliminary plat (PP-08-006) and conditional use permit (CUP-08-011) approval from City Council on September 9, 2008. The preliminary plat consists of 3 commercial building lots common/other lots on 3.68 acres of land. The conditional use permit is for a drive-thru establishment in a C-C zoning district within 300 feet of an existing residence.  An 18-month time extension (TE-10-009) on the preliminary plat and conditional use permit was approved by the Director on March 8, 2010. This approval extended the time period in which the applicant had to obtain the City Engineer’s signature on a final plat and commence the use approved with the CUP until September 9, 2011. As a condition of approval, applicant was required to comply with Title 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, prior to commencement of any building construction. Additionally, 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. The applicant is still required to comply with these conditions.  A 2-year time extension (TEC-11-006) was approved by City Council on October 4, 2011 and expired on September 9, 2013. No new conditions of approval were required with approval of the time extension. Shops at Victory CUP PP TEC-15-004 Page 3  Another 2-year time extension (TEC-13-006) was approved by City Council on November 6, 2013 and expired on September 9, 2015. The request for the subject time extension was submitted prior to the expiration date. As conditions of the time extension, the applicant was required to comply with current street light standards, performance and warranty surety requirements, and provide a pedestrian pathway connection to Astoria Subdivision at the east property boundary in alignment with the existing pathway. The applicant is still required to comply with these conditions. VIII. STAFF ANALYSIS This is the fourth time extension requested for the subject PP & CUP. Approval of the subject time extension will allow the applicant to proceed with finalizing the lease agreement with Rite Aid, submit the final plat and obtain the City Engineer’s signature on the plat and commence the use as permitted by the CUP. If the subject time extension is not granted, the PP & CUP applications for this property would expire and new applications would need to be submitted for City approval. Per UDC 11-6B-7C, with all extensions, the City Council may require compliance with current provisions of the UDC. Staff is in the process of drafting changes to the design standards listed in UDC 11-3A-19 and the guidelines listed in the Meridian Design Manual. As a condition of the subject time extension, staff recommends future development of the subject property should comply with the design standards and guidelines in effect at the time of development. Staff recommends approval of the applicant’s request with the aforementioned condition of approval. All previous conditions of approval are also still applicable to development of this subdivision. V. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Approved Preliminary Plat (Dated: 4/18/08, Revised: 4/24/08) 3. Approved Conceptual Site Plan (Dated: 4/18/08, Revised: 4/24/08) B. Conditions of Approval Shops at Victory CUP PP TEC-15-004 Page 4 Exhibit A.1 – Vicinity/Zoning Map Shops at Victory CUP PP TEC-15-004 Page 5 Exhibit A.2 - Approved Preliminary Plat (Dated: 4/18/08, Revised: 4/24/08) Shops at Victory CUP PP TEC-15-004 Page 6 3. Approved Conceptual Site Plan (Dated: 4/18/08, Revised: 4/24/08) Shops at Victory CUP PP TEC-15-004 Page 7 Exhibit B – Conditions of Approval 1. The applicant is to meet all terms of the approved annexation (AZ-08-007), development agreement (instrument #111032845), preliminary plat (PP-08-006), conditional use permit (CUP-08-011), alternative compliance (ALT-08-012), and time extensions (TE- 10-009; TE-11-006; TEC-13-006) for this development. 2. The applicant shall obtain the City Engineer’s signature on a final plat for The Shops at Victory subdivision and commence the use approved with the conditional use permit in accord with UDC 11-5B-6F prior to September 9, 2016, or apply for a time extension in accord with UDC 11-6B-7. 3. Future development of the subject property shall comply with the design standards and guidelines in effect at the time of development.