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Staff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT HEARING DATE: October 4, 2011 E IDIAN~ Mar TO: Mayor & City Council I D A H O FROM: Sonya Watters, Associate City Planner SUBJECT: TEC-11-006 -Shops at Victory I. APPLICATION SUMMARY The Applicant, DMG -Eagle & Victory, LLC, requests approval of a two 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 extensions, to expire on September 9, 2013, 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-11- 006, as presented in the staff report for the hearing date of October 4, 2011. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TEC-11- 406, as presented during the hearing on October 4, 2011 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 File Number TEC- 11-006 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 on the southeast corner of E. Victory Road and S. Eagle Road, in the NW '/a of Section 28, Township 3.N, Range R.1 E. B. Owner: DMG -Eagle & Victory, LLC 350 N. 9`" Street, Ste. 201 Boise, ID 83702 C. Applicant: Same as owner D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. UNIFIED DEVELOPMENT CODE Per UDC 11-SB-6F, a conditional use permit when granted shall be valid for a maximum period of 2 years unless otherwise approved by the city. During this time, the applicant shall commence the use Shops at Victory CUP PP TEC-11-006 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT 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 andlor 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: September 12, and 26, 2011 C. Radius notices mailed to properties within 300 feet on: September 8, 2011 D. Applicant posted notice on site by: September 23, 2011 VII. HISTORY OF PREVIOUS ACTIONS: • This property received preliminary plat (PP-08-006) and conditional use permit (CUP-08-O11) approval from City Council on September 9, 2008. The preliminary plat consists of 3 commercial building lots commonlother lots on 3.68 acres of land. The conditional use permit is for adrive-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. VIII. STAFF ANALYSIS This is the second time extension requested for the subject PP & CUP. Approval of the subject time extension will allow the applicant to proceed with the platting process 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 lapse and new applications would need to be submitted for City approval. As a condition of approval of the previous time extension, the 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 ACRD Eagle/Victory intersection construction project, prior to signature on the final plat by the City Engineer. 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. These are still conditions that the applicant is required to comply with. Staff recommends approval of the applicant's request and does not recommend any new conditions of approval with the subject time extension. Shops at Victory CUP PP TEC-11-006 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT V. EXHIBITS A. Drawings 1. Vicinity 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-11-006 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit A.1-Vicinity Map Shops at Victory CUP PP TEC-11-006 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit A.2 -Approved Preliminary Plat (Dated: 4/18/08, Revised: 4/24/08) "- GVO~TC1gYHWU ~n ,.~ _. ~~ _. as~ , __~ __. _ .,,,,. .~.. ~ -. - ~--~~ ~..~_r ~~ .~ ~~ ~ ~. w ~ ~ - ~~~,~.. e ~~ ~ ~ ; r ~~ . ~- ~ ~ ¢ z~ ~~ ~~ ~ ~ yy ~ ~4; i! ~ '. a { rw ~ ~" ,, t pj i ~TL7Fi~. .:sir _-r..~''' - AXY^ ,~ ~'" s ~~ ~ .~ M" (~ " ~ ~ ' ~~~ i ij 1 C ' ~~ a i ~ ~ ~, '~ v ~:a \ ~ ~< : ~' ~~ ~~ _ ee ~ ,~ I< ~ t. 21 rw ~ ~ www® rya iwswrw wwwlM wis .wwrirs w~ai.w wrarrw. rw~r ..r.r ii.l~i r i rrr w _ ar ~w• wr WIM M .rrrr wrr ~"' 18~[. =-- ~. --n- ~, ~ ~' _..~ _..... ~~. ~ rrwiww .rw r+rrr = rtir r/MwT r~wl • ~wr w~ aar • ~ .....~.........~..~.., r ~i~i[fM1sSl1T• ~litilll~il.. ~~~ Shops at Victory CUP PP TEC-11-006 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT 3. Approved Conceptual Site Plan (Dated: 4/18/08, Revised: 4/24/08) ~~~= ii! ~ ~ i~ i ~-. ~ ~~ j K.y,,.r. - t~ a m ~ s.,.,,Ba, M,.. i l ~...,~.,. a ,. ~ °® ~ ~~,,, w ...e -.- a"~~ d ~«. i vi ®. ..~, ®B., t~ ~ ®... ~ '} n r-----'1 w~acra L_____J tx»m.e ,. o n++~ ,t n. wm...~ ~ a a B. e.< tle vi Srct'.n 1A r. ~ ~ x«m. ~Bmge 1 Iml, BL,. V o G~~t~ltlso - ~W g1.Y1 Kan~vmR Uri r.. to rta 1t~R\Mir~-p m~~l~pv~~4MM1-a nsfa aaaa awe ov urymt ~ V ism. emo~R~~caw~w ~ wsnO Bw ~htMLM ~N~i A ~~Yntl ~a~w N. w[c~OBn~u~~~ LNiO Wdo• • sucarmsw. wtwxRwlc~t mBC "~"' ~.A,,,,, .~., ~ r -'~~r Shops at Victory CUP PP TEC-11-006 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit B -Conditions of Approval 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 extension (TE-10- 009) for this development. Shops at Victory CUP PP TEC-11-006 Page 7