Shops at Victory TEC-11-006BEFORE THE MERIDIAN CITY COUNCIL
C/C OCTOBER 4, 2011
IN THE MATTER OF THE
REQUEST FOR A TWO (2) YEAR
TIME EXTENSION ON THE
PRELIMINARY PLAT &
CONDITIONAL USE PERMIT FOR
SHOPS AT VICTORY, LOCATED
IN SECTION 28, T.3N., R.lE,
MERIDIAN, IDAHO
CASE NO. TEC-11-006
ORDER OF CONDITIONAL
APPROVAL OF TIME EXTENSION
BY: DMG -EAGLE & VICTORY,
LLC
APPLICANT
This matter coming on regularly before the City Council on October 4, 2011, upon the
Applicant's submittal of a preliminary plat and conditional use permit time extension application
for a two (2) year extension within which to commence the permitted use and obtain the City
Engineer's signature on a final plat for Shops at Victory, which preliminary plat (PP-08-006) and
conditional use permit (CUP-08-011) was originally approved on September 9, 2008, as provided
in Unified Development Code § 11-6B-7C, and good cause shown. An administrative time
extension (TE-10-009) for eighteen (18) months was previously approved for this subdivision by
the Planning Director on March 8, 2010 and would have otherwise expired on September 9,
2011.
IT IS HEREBY ORDERED THAT:
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR {SUBDIVISION NA1t1Ej (FILE #)
Page 1 of 2
IT IS HEREBY ORDERED THAT:
The above named Applicant is granted an additional two (2) year extended period of time,
until September 9, 2013, within which to obtain the City Engineer's signature on the final
plat, subj ect to the conditions of approval as shown in the attached Staff Report for the
hearing date of October 4, 2011 incorporated by reference.
Attached: Staff Report for the hearing date of October 4, 2011
By the action of the City Council at its regular meeting on the day of
,2011.
DATED this day of ~C~14~~ , 2011
e~ ~
Attest. 44a ~,
G° ~~
City of
E IDIAN~
IDA~10
~~~~~~ ~
. ~-~, ~~,.tL 1Jd ,y
aycee lman, City Clerk ~r~~ ~6°~
°~ ~b° raEAS~
Copy served upon the Applicant, Planning Department, Public Works Department, and City
Attorney.
BY: Dated: ~~r____~ a cal
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR SHOPS AT VICTORY TEC-11-006
Page 2 of 2
CITY 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-
006, 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 % of Section 28, Township 3.N, Range R.IE.
B. Owner:
DMG -Eagle & Victory, LLC
350 N. 9a' 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 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: 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-08-011)
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 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)
• ~ rt u:~HY
_~; _ .
_ _ _ _ .,
as .a -- ---~.--- --- .a' --- -0m -
____ Y-~
I ~' -
is
i,
.I ~ ~ ~~
i ~ ~~
. ,; ~ , ~
t ur:
a ,+~ ,t.,d ~~'
U
~a
~~a _ ~~
xw
l,T, M -~.~. rmx
~. v. F ,:
J
I ««k ~.___. _._ ;
! ~~u~ r_~
a~ t ~ R ~
~'- ..
~.i ~v art ) ..
i c a
I I ~ ~ ~` ~-_ 4.
I \~~~~
I €
I :: ~
~ ~
~ ~ ' r~
~~>
.,
~~
Shops at Victory CUP PP TEG-11-006 Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
3. Approved Conceptual Site Plan (Dated: 4/18/08, Revised: 4/24/08)
f
e
,
20 24-.._. _w .rv
,r ~~-.
21
~
- i
~
29 28
o_._. J
---' _. A _
_ $: ..,
,
~
~' j:
a _ _.
~J
w _
_
~ ~ r~ - ws _.~ ~i
~ _.
rr r»,~
28-
na ._..-e ......... ..... _ __
=~' rte=
--fir ~
° ~? O ^
O ~'
~
_ ._.
'
j
1 ~Y
I ~
i v~' ~i liana
@ __"
~ ,Ly' .
r ~s
~. ~ ~~
--. .
~ ~~ ~ a
( ~ ~
11 ( f Y~t C ~' ~_ :~ ..y'° ci
1.N: S
~
Wec ``•
b
i
t
~ ~ r ~ I ~
~yvf~ .
®s+axv +.
~ na•uu+
_ _ r
~. ~
~ I ~ -
L..-- J
7
(
d »a
~
R O OO sx,a e. ~ a @am , ite m n.
s4wa~
~
ial ~@L, y Gr Ip1~.
~ ~
-
_
,..__ .. ~
..._.._._. . ___ J,
~.. ~ ~W ~
@
t
~~
~
O
O ~
."
~
~ ~
~
mux an
^.a
,• .n.va ~.~ ao
mo wa wur
w u
~'.u+r
~' t
`I
i ~
Q O
"`Q a.
w ,r
wsae. ».r,.vu~. «.~
xvat u~tu~'M[
.w4 ~u.
`
~ aw4 w9~m.~W~ .rts 9tlup
•b' M*
~
n
' O ,ai rnu
er~tm m
sr ku ~M w.o vuw.~cm ~~
~l e
~
i
~
/
MN
~~~~ ~~ vr~~(ttN
AEI>>9~+.1P
,
~ Q
~ ~'{ffi
oi5f~
N '
ifo~:. Q~i
I.amnm N~Na6 wLAn mt
_~
'.~I
~ `~
nn.aer hv.i. @1
am a
u.~..Y(~
t~ ~'~.mA~ W.v
T!
~. ~. ~ am[r'al ww
vr~ r..
~
~ ',1 '
I
1(l,IIO~N
gYl1p0111/[COI*C.@{ u "~"~'w
/.........
.~ ~,~
~
4
' w.w atit~c~vx Ntix
M~ ~y9~w~
}~
u~~
pc
~-
n
f ~
i .
vmw w. a
e
hi
aan
w
~,,.~ ,,.,~
~~~ i.u ~
@
J
pia .NS
~
\ t .rM.e.w b
rc wn ~~
ONItl1HWIt U@d QMIIII
a nmai.ef
~,
4 + >
~ ~
aryn .w°in~a /~~
C ~ .
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 #1 1 1 032845), 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