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Home My WebLink AboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 17, 2008 STAFF REPORT HEARING DATE: June 17, Zoog E IDIAN~-- Augu TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner 1 D Q H Q (208) 884-5533 SUBJECT: Kelly Creek Commercial (aka Fulfer Subdivision) • TE-08-010 Request for an eighteen month time extension to record the fmal plat and commence the conditional use approved for Kelly Creek Subdivision 1. APPLICATION SUMMARY The applicant, Blackhawk/Meridian, LLC, has requested approval of an eighteen month time extension to obtain the City Engineer's signature on the final plat and commence the conditional use approved for Kelly Creek Commercial Subdivision (phase 8 of Kelly Creek Subdivision). The subject property is located on the northwest corner of N. Linder Road and W. McMillan Road. The approved final plat (FP-07-035) consists of four commercial building lots on 4.91 acres. The approved conditional use pernut (CUP-03-028) consists of a planned development for 216 single family dwellings, 10 office buildings (totaling up to 34,200 s.f.), and 4 commercial buildings (totaling up to 35,790 s.f.). The approved planned development allowed a land use exception for office/commercial uses, reduced lot sizes, reduced frontage requirements, and to exceed block length requirements. Fulfer Subdivision, Fulfer No. 6 and No. 7, received fmal plat (FP-OS-035 and FP-OS-036) approval on 6/28/OS (these phases have since been recorded). The deadline for the next fmal plat submission within Fulfer (Kelly Creek) was 12/2&/06. On 11/9(06, an administrative time extension to record the final plat and commence the conditional use for phase 8 was approved for 18 months to expire on 6/28/08. On 11/27/07 the final plat for phase 8, Kelly Creek Commercial, was approved by City Council. The applicant is now requesting approval of an 18 month time extension to obtain the City Engineer's signature on the final plat and commence the conditional use for Kelly Creek Commercial. In accordance with Unified Development Code 11-6B-7C, the Planning Department received a written request from the applicant on May 20, 2008 for an additional eighteen month extension for both the City Engineer's signature on the final plat and commencement of the CUP. The applicant is requesting the extension because of the ACHD road improvement project currently underway at the intersection of N. Linder road and W. McMillan Road. It is the developer's desire to record the final plat when the roadway has been fully constructed and the signal light is installed at this intersection. For this reason, the applicant is unable to meet the time requirements specified in Unified Development Code (UDC 11-6B-7 and UDC 11-SB-6). With all extensions, the City may require compliance with the current provisions of the UDC as a condition for granting a time extension (iTDC 11-6B-7C and UDC 11-SB-6F4). Staff believes that there are no additional conditions that should be added to those previously approved by the City Council with the final plat for this subdivision. 2. UNIFIED DEVELOPMENT CODE Per UDC 11-6B-7A, 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. TE-08-010 Kelly Creek Commercial TE.doc PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 Per UDC 11-SB-6F, a conditional use pernut, when granted, shall be valid for a maximum period of eighteen months unless otherwise approved by the City. During this time, the applicant shall commence the use as pernutted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence the construction of permanent footings or structures on or in the ground. Further, for conditional use permits that also require platting, the final plat must be recorded within this eighteen month period. Per UDC 11-6B-7B, Phased Development: In the event that 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 eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Per UDC 11-6B-7C and 11-SB-6F, upon written request and filing by the applicant prior to the ternunation of the period, the Director may authorize a single extension of time to record the final plat and commence the use approved by the CUP not to exceed eighteen months. Additional time extensions up to eighteen months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat and/or conditional use to comply with the current provisions of the UDC. 3. SUMMARY RECOMMENDATION Staff is recommending approval of the requested 18 month time extension for the applicant to obtain the City Engineer's signature on the final plat and commence the use approved for Kelly Creek Subdivision (FP-07-035) to expire on December 28, 2009. Staff further recommends that the applicant comply with all of the previous conditions of approval for AZ-03-013, PP-03-014, CUP-03- 028, FP-07-035, & TE-06-025, as a condition of the subject time extension approvals. 4. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number TE-08- 010, as presented in the staff report for the hearing date of June 17, 2008. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TE-08-010, as presented during the hearing on June 17, 2008, 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 TE-08- O10 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 5. EXHIBITS A. Vicinity Map B. Kelly Creek Commercial Approved Final Plat TE-08-010 Kelly Creek Commercial TE.doc PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 17, 2008 A. Vicinity Map TE-08-010 Kelly Creek Commercial TE.doc PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 17, 2008 B. Kelly Creek Commercial Approved Final Plat FdN10 8/!' ~ ~ o a~~~ ~ p fCALE IN FEET ~ :IE': MlIG +6~Pia~t ere~r O~iYp1F EWI4d I{68 f MO ~ df ~ Jd1111~VV Qe ICAE O' ld0~ 1.M[ lfRCK Po~ MO {nMPlll M.~dD.WOMIf ~IWt pN~ TY]IB! AH AOR tlE PCRi~ N 111W ~M1111CWA UN~CIBLL NGtlI r1,~t lYU1K a~ar ~w a xrr ~ aiw n Mons~ort w, aw.ii. owan ~ ts en eawk..w +m~a~ wwr w ae ~a K s~~ N w. t~or nf rmar 6~OR MC~ K 7MY Illlp i17~1 MF p/06 ~ l0 9~d11YflY OW C~ 11E YiN6t EtlYFYa R M M OItlNiNM.f41M111bBYL K M A701 MF bM~MiF f1fIF1N rau~0 ~etie Gr- rn~a~wr qW' ND. 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