Village Apartments CUP TED A-2017-0277Village Apartments – TED A-2017-0277.doc Page 1
DATE: December 14, 2017
TO: Caleb Hood, Interim Community Development Director
FROM: Sonya Watters, Associate City Planner
SUBJECT: Village Apartments – Conditional Use Permit Time Extension (A-2017-0277)
I. APPLICATION SUMMARY
The applicant, Derek Gasser, has requested a two (2) year time extension on the conditional use
permit (CUP-15-019) to 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.
II. STAFF RECOMMENDATION
Staff recommends approval of a two (2) year time extension for the conditional use permit as
requested by the applicant, to expire on December 15, 2019.
III. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 2600 N. Eagle Road, in the NW ¼ of Section 4, Township 3 North, Range 1
East. (Parcel No. S1104233710)
B. Owner:
GFI Meridian Investments, LLC
74 E. 500 S., Ste. 200
Bountiful, UT 84010
C. Applicant:
Derek Gasser, DGF Development
74 E. 500 S., Ste. 200
Bountiful, UT 84010
D. Representative:
Same as Applicant
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
IV. HISTORY OF PREVIOUS ACTIONS
This site was annexed in 2003 (AZ-03-021, Redfeather Estates No. 2) with a development
agreement (Instrument No. 104129529) as a pathway of annexation for the Redfeather Estates
development to the east. This site has remained a residential/agricultural property since that time.
A property boundary adjustment (PBA-14-005) was approved in 2014 which reconfigured the
southern boundary of this site. The record of survey was recorded as #9983.
A modification to the development agreement (MDA-15-011) and conditional use permit (CUP-
15-019) was approved on December 15, 2015. The amended agreement is scheduled to be
approved by City Council on December 19, 2017 and recorded.
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V. UNIFIED DEVELOPMENT CODE
Per UDC 11-5B-6F, approval of a conditional use permit, when granted, shall be valid for a
maximum period of two (2) 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.
Upon written request and filing by the applicant prior to the termination of the period in accord with
subsection F1, the Director may authorize a single extension of time to commence the use not to
exceed one 2-year period. Additional time extensions up to 2 years as determined and approved by
the Commission may be granted. With all extensions, the Director or Commission may require the
conditional use comply with the current provisions of the UDC.
VI. STAFF ANALYSIS
The applicant requests a two (2) year time extension to commence the use approved with CUP-15-
019. The reason they have not been able to meet the required deadline as stated in the application
narrative is because they are redesigning the layout of the units with the intent to add elevators to all
buildings if possible. (Note: The redesign will require an amendment to the development agreement
and modification to the conditional use permit if determined to be a significant change.)
There have not been any modifications to the UDC since this project was approved that would affect
development of this site or require changes to the conditions. Therefore, staff does not recommend
any new conditions of approval for the subject time extension.
VII. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Approved Site Plan
3. Approved Landscape Plan
4. Approved Elevations
B. Conditions of Approval
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Exhibit A.1 – Vicinity/Zoning Map
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Exhibit A.2 - Approved Site Plan
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Exhibit A.3 - Approved Landscape Plan
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Exhibit A.4 - Approved Elevations
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