Shops at Victory TEC-13-006BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: OCTOBER 15, 2013
IN THE MATTER OF THE
REQUEST FOR A TWO (2) YEAR
TIME EXTENSION ON THE
PRELIMINARY PLAT AND
CONDITIONAL USE PERMIT FOR
SHOPS AT VICTORY, LOCATED
IN THE NW '/4 OF SECTION 28,
T.3N., R.lE, MERIDIAN, IDAHO
CASE NO. TEC-13-006
ORDER OF CONDITIONAL
APPROVAL OF TIME EXTENSION
BY: DMG -EAGLE AND
VICTORY, LLC
APPLICANT
This matter coming on regularly before the City Council on October 15, 2013, upon the
Applicant's submittal of an application for a two (2) year time extension on the preliminary plat
for Shops at Victory subdivision in order to obtain the City Engineer's signature on a final plat in
accord with UDC 11-6B-7; and conditional use permit in order to commence the use approved
with the conditional use permit in accord with UDC 11-SB-6F, which preliminary plat and
conditional use permit were originally approved on September 9, 2008, as provided in Unified
Development Code § 11-6B-7C, and good cause shown. Ari administrative time extension (TE-
10-009) for eighteen (18) months was previously approved for this project by the Planning
Director on March 8, 2010 and would have otherwise expired on September 9, 2011. A
subsequent two (2) year time extension was approved by the City Council on October 4, 2011
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR SHOPS AT VICTORY TEC-13-006
Page 1 of 2
and would have otherwise expired on September 9, 2013 if the subject time extension request
had not been submitted.
IT IS HEREBY ORDERED THAT:
The above named Applicant is granted an additional two (2) year extended period of
time, until September 9, 2015, within which to obtain the City Engineer's signature on
the final plat and commence the use approved with the conditional use permit, subject to
the conditions of approval as shown in the Staff Report attached as Exhibit A for the
hearing date of October 15, 2013 incorporated by reference.
Attached: Staff Report for the hearing date of October 15, 2013
By the action of the City Council at its ~~g meeting on the ~~ day of
2013.
DATED this / ~., day of , 2013
a ~y de Weerd
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Copy served upon the A
Attorney.
Department, Public Works Department, and City
BY: Dated: ~~/~~~3
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR SHOPS AT VICTORY TEC-13-006
Page 2 of 2
EXHIBIT A
HEARING DATE: October 15, 2013 E IDIAN~- Marc:
TO: Mayor & City Council I D A H O
FROM: Sonya Wafters, Associate City Planner
SUBJECT: TEC-13-006 -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.
IL STAFF RECOMMENDATION
Staff recommends approval of the subject time extensions, to expire on September 9, 2015, 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-13-
006, as presented in the staff report for the hearing date of October 15 2013.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number TEC-13-
006, as presented during the hearing on October 15, 2013 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-
13-006 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'/4 of Section 28, Township 3.N, Range R.IE.
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
two years unless otherwise approved by the city. During this time, the applicant shall commence the
Shops at Victory CUP PP TEC-13-006 Page 1
EXHIBIT A
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: September 23, and October 7, 2013
C. Radius notices mailed to properties within 300 feet on: September 18, 2013
D. Applicant posted notice on site by: October 2, 2013
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.
A 2-year time extension (TEC-11-006) was approved on October 4, 2011 and expired on
September 9, 2013. The request for the subject time extension was submitted prior to the
expiration date.
VIII. STAFF ANALYSIS
This is the third 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 expire and new applications would need to be submitted for City approval.
As a condition of approval of the first time extension (TE-10-009), 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 ACPID 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.
Shops at Victory CUP PP TEC-13-006 Page 2
EXHIBIT A
No new conditions of approval were required with the previous time extension (TEC-11-006).
Per UDC 11-6B-7C, with all extensions, the City~Council may require the preliminary plat to comply
with current provisions of the UDC. Since the previous time extension request, the City's standards
pertaining to installation of street lights, performance surety, and warranty surety have changed. As a
condition of the subject time extension request, staff recommends the applicant comply with the
updated standards noted in Exhibit B upon development of the site.
Additionally, since approval of the preliminary plat, the pathway connecting the subject property with
the property to the east has been constructed on the property to the east and is located further to the
north than originally anticipated. Therefore, staff recommends a new condition for the pathway on
this site to be shifted further to the north to align with the existing pathway.
Staff recommends approval of the applicant's request with the aforementioned conditions of approval.
All previous conditions of approval are also still applicable to development of this subdivision.
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-13-006 Page 3
EXHIBIT A
Exhibit A.1-Vicinity Map
Shops at Victory CUP PP TEC-13-006 Page 4
EXHIBIT A
Exhibit A.2 -Approved Preliminary Plat (Dated: 4/18/08, Revised: 4/24/08)
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EXHIBIT A
3. Approved Conceptual Site Plan (Dated: 4/18/08, Revised: 4/24/08)
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Shops at Victory CUP PP TEC-13-006 Page 6
EXHIBIT A
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) for this development.
2. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval. Street lighting is required at intersections, corners, cul-de-
sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work
and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications
to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500
for information on the locations of existing street lighting.
3. The applicant shall obtain the City Engineer's signature on a final plat for The Shops at Victory
subdivision or apply for a time extension in accord with UDC 11-6B-7; and commence the use
approved with the conditional use permit in accord with UDC 11-SB-6F prior to September 9,
2015.
4. The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature .This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
5. The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
6. The pedestrian pathway connecting to Astoria Subdivision (flea Karmelle Subdivision) at the east
property boundary shall be shifted to the north to align with the location of the existing pathway.
7. Prior to r:s~..*••~~ ~~ *~ f-tt~~l~lat---by-zl} r• ~ ~ a• ~ commencement of any building
construction, the applicant shall be responsible 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 EagleNictory intersection construction project, consistent with Development Agreement
provision #5.1.1 (Instrument No. 111032845).
Shops at Victory CUP PP TEC-13-006 Page 7