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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 Attest: ..,~..,,,n. -,,~` ~, ;~ 1 1:`~, ,1 ~ I~1:~. ~lDFi ?90 City elk _' SEAL. `4n r~ .~ TF ~~ A ~0. '~~i~~ rne~`': 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) 1 r r~ ,~ t t ~ L tIL IUFIY 47Af: _... . _- wi ,i w- 1~,~,~ ~.~ - ... _ - .Y..Y~` v z ~ ~ .a ;; i p -,.,,..-- .~,.~, - G ~ - - ~ ~ - t, ~ ~,....o.~ w T r '~ • ~ ve ~ 1 Y~t.r4 a !M ww~vaP40f .. _ ~~ ~~ ~ `R •f1YI1 YYI smN. "' ~ ~ ~ ~ :'4Y+~ I I wuu~. ue I t) .:F ~ I3I i~ ,,. ~ ~ ,`. •~~ i "` \ '`~ ~ -`'+, I ` ~ t ~ I ,~. 28 ~2& ~! ` a , ~ sun.o f . pal. W t.. rvx..r VI' ti ~ { Ki)+\ DES> IIfM 1 LY: !Y. Yll QJY.! {ll. ~ ~ u!. X p .. ~,n.y. is a nlb ~ } : ~~ Sk"°~.L"! v wNM lR wrwr ll1lYL~Tf M W F~ y ~ 1~-.-1 -_ w a~ 1~M ~ tYR MIYY iirY Ji•ir NfO Yf.Y[ M~MnOf ` i XJ. /:~I:75ata+:fii ''^~~liffyanifis i ~ r ~y J J ~~ e ! ~~~i ~~l:.~i i~i zx ~ .Ier !wR . u,a.wa, aw. ac~im n.afi w~n~arcwYYY. ne ~~ S ! Ylw fl e~Y. ~ff4140 ~Mf[i w~sY. ~I~LNt.~*K ~ fY~~ n ~~i We RH~ ~ .+ Y M = ~ [''rkl: .N t .:Jri,~ly ~ ~r~~'M~l •\+K'+R.P w ~ ~ ~tiM,~mlVti. i.M0.~A1<Yi ~' ~, reraaf a v:a r.aY sYYn a sue. ~°i.~u.'rucccrtwa w. uv w `gy'p ~ Gerchr alp ant CxvT : Yw~inie'~i a' ••• t~f. C:F ~ w..f c fYw mfrs "" ,® ,.....,., ab n C ~ .Q Shops at Victory CUP PP TEC-13-006 Page 5 EXHIBIT A 3. Approved Conceptual Site Plan (Dated: 4/18/08, Revised: 4/24/08) l+ I ~. ~~ ~~( i . `~\ zs~zs ~ ''w ~~,`. ~,. ~ ~ ~, ~. Slfe Plan ^- ~ s ~ -_ ^" ~ CU W z ~ `~ ~ +. e. ~ m. o«W- 1 ~~ SA~wa e : o:~.m o~ Me ur!rtwa: i fr u x. r------i L_____Jsc. •a m~ e~= ^s ~+ u.i ~.eoae...m v~v rwtwRr~a+e ~~ ~ • ..~ ~n : y~ a .~.ro~w rs...:. nwo.ti. ~°qm~ ~ d~~~.wra rn~ ~ruoF~~w '. ~ 4.aWRNA wAnu M6dw;'V , ' ~~~ vas tan tltmlttnrnv:.ar ~~~wy i. ~.~ V.~.^ 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