On September 13, 2018, the Planning Commission granted site plan approval for TriView 1 (formally known as The Point at Lone Peak 1, Lone Peak Mixed Use Phase 1, and Smith-Miller Development Agreement), which is a mixed-use development located at 12620 South Pony Express Road. The application number is 150710-12620SPony ExpressRd-1. Draper City Municipal Code (DCMC) Section 9-5-090(J) states: 

Expiration:  Failure to obtain a building permit within one year of approval of any site plan shall terminate and cancel the prior site plan approval given, whereupon the planning commission may require that a new site plan be submitted and approval obtained pursuant to this section. A written request may be submitted to the community development department prior to expiration of the site plan for an extension of up to six (6) months, subject to approval of the planning commission, provided substantial action is shown toward obtaining a building permit and the requirements for extension under section 9-5-030 of this chapter are met. (Ord. 394, 8-7-2001)

To date, the applicant has not acquired a building permit, but has been working through the building permit review process and hopes to secure a permit in the coming months.  As such, he is seeking a six-month extension of his site plan approval.  Attached to this memo is the applicant’s written request for site plan extension, the original approval letter, and Planning Commission staff report.  Staff received the request for extension on August 9, 2019, well ahead of the expiration date of September 13, 2019.  

If approved, the site plan approval will be valid through March 13, 2020.    

Sample Motion for Approval – I move that we approve the site plan extension, as requested by Jay Minnick, representing Triview Apartments Associates I, LLC for the TriView 1 Site Plan, application 150710-12620SPony ExpressRd-1, based on the findings listed in the memo dated August 22, 2019.

1.       That the applicant has shown good cause to obtain an extension and that substantial action has occurred towards acquiring a building permit.

Sample Motion for Denial – I move that we deny the site plan extension, as requested by Jay Minnick, representing Triview Apartments Associates I, LLC for the TriView 1 Site Plan, application 150710-12620SPony ExpressRd-1, based on the findings listed in the Staff Report dated August 22, 2019.

1.       That the applicant has not shown good cause to obtain an extension and that substantial action has not occurred towards acquiring a building permit.