HomeMy WebLinkAboutZebulon Heights Subdivision No. 2 TE-09-012BEFORE THE MERIDIAN CITY COUNCIL
C/C April 7, 2009
IN THE MATTER OF THE
REQUEST FOR A SECOND 18
MONTH TIME EXTENSION TO
OBTAIN THE CITY ENGINEER'S
SIGNATURE ON THE FINAL PLAT
FOR THE SECOND PHASE OF
ZEBULON HEIGHTS
SUBDIVISION N0.2, LOCATED IN
THE NE I/ OF SECTION 32, T.4N.,
R.lE ,MERIDIAN, IDAHO
CASE NO. TE-09-012
ORDER GRANTING A SECOND
EIGHTEEN MONTH TIME
EXTENSION FOR ZEBULON
HEIGHTS SUBDIVISION N0.2
BY: ENGINEERING SOLUTIONS,
LLP
APPLICANT
This matter coming on regularly before the City Council on April 7, 2009, upon the
Applicant's submittal of a time extension application for a second eighteen month extension within
which to obtain the City Engineer's signature on the final plat for the second phase of Zebulon
Heights Subdivision No. 2. The preliminary plat for Zebulon Heights Subdivision No. 2 was
approved on Apri119, 2005; an 18 month time extension was approved on May 2, 2006, and the first
final plat was signed by the City Engineer on September 27, 2007, as provided in § 11-6B-7B and
11-6B-7C, and good cause shown.
IT IS HEREBY ORDERED AND THIS DOES ORDER THAT:
The above named Applicant is granted an additional eighteen month extended period of
ORDER GRANTING A SECOND EIGHTEEN (18) MONTH TIME EXTENSION FOR ZEBULON
HEIGHTS SUBDIVISION N0.2 (TE-09-012)
Page 1 of 2
time, until September 27, 2010, of this Order within which to obtain the City Engineer's
signature on a Final Plat for the above entitled subdivision application, subject to the
conditions of approval as shown in the attached Staff Report for the hearing date of Apri17,
2009 incorporated by reference.
Attached: Staff Report for the hearing date of Apri17, 2009.
By the action of the City Council at its regular meeting on the ~ day of
A Ptti ~- , 2009.
DATED this ~ ~ day of , 2009.
G~~i%u/
Mayor T de Weerd
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Copy served upon Applic~ ~~~~~~~~$ \artment, Public Works, and the City Attorney.
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BY: Dated:rJ - 2 ~ -
ORDER GRANTING A SECOND EIGHTEEN (18) MONTH TIlVIE EXTENSION FOR ZEBULON
HEIGHTS SUBDIVISION N0.2 (TE-09-012)
Page 2 of 2
STAFF REPORT
1. APPLICATION SiT1VIlVIARY
The applicant, Engineering Solutions, LLP, has requested approval of an eighteen month time
extension to obtain the City Engineer's signature on the final plat for the second phase of the Zebulon
Heights Subdivision No. 2 preliminary plat. The subject property is located on the south side of E.
McMillan Road, west of N. Eagle Road.
Staff has included information on previous approvals for this development below.
Zebulon Heights Subdivision No. 2 received annexation and zoning (AZ-OS-006),
preliminary plat (PP-OS-008), and conditional use permit/planned development (CUP-OS-019)
approval by Council on April 19, 2005 under the old city code (the UDC had not yet been
adopted). The CUP/PD was valid until October 19, 2006; the PP was valid until April 19,
2006. (Note: Zebulon Heights Subdivision No. 1 lies within the Boise area of city impact; the
first phase was annexed and developed under Boise City standards. A preliminary plat was
submitted to the City of Meridian for that portion of the subject properly lying within
Meridian's area of city impact.)
An administrative time extension was approved for the CUP (TE-06-006) on May 2, 2006,
which granted an 18 month time extension to commence the 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. The TE was valid until April 19, 2008. The applicant satisfied the
previously mentioned requirements within the allowed time frame and the CUP/PD remains
valid.
An administrative time extension (TE-06-005) was approved to record the final plat for the
first phase on May 2, 2006. The TE was valid until October 19, 2007. The Council approved
the final plat (FP-06-053) for the first phase on January 9, 2007 and the City Engineer signed
the plat on September 27, 2007, prior to the expiration date. The final plat for the next phase
and subsequent phases of development are required to be signed by the City Engineer within
intervals of I S months in order for the preliminary plat to remain valid. The next final plat
would need to have been signed by the City Engineer by March 27, 2009. Because the
applicant could not meet this deadline, the subject time extension is requested.
The applicant has not yet submitted a final plat application for the second phase of the Zebulon
Heights Subdivision No. 2 preliminary plat, which is the subject of this application.
In accordance with Unified Development Code 11-6B-7C, the Planning Department received a
written request from the applicant on February 27, 2009 for an additional eighteen month extension to
obtain the City Engineer's signature on the final plat. The applicant has delayed the design of the next
phase due to the current economic slow-down. 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 (UDC 11-6B-7C). Because ordinance requirements for the
amount of open space and amenities have changed since the original approval, Staff believes that
Zebulon Heights Sub. No. 2 TE-09-012 PAGE 1
there are additional conditions that should be added to those previously approved by the City Council
with the preliminary plat for this subdivision (see Section 3 Analysis below).
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.
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.
3. STAFF ANALYSIS
As mentioned above, this development was reviewed and approved under a previous development
code. Under the current code (UDC 11-3G-3A.1), the total land area of all common open space is
required to equal or exceed 10% of the gross land area of the development as opposed to the previous
5% required under the old code.
The preliminary plat consisted of 72.85 acres. The 5% open space required under the old code totaled
3.64 acres; 7.58 acres was provided, of which 6.10 acres (or 8.37%) met the criteria for qualified open
space.
The first phase of the preliminary plat consisted of 28.42 acres with 0.78 acre of open space. To meet
the minimum amount of open space required under the old code (5%), the applicant needs to provide
an additiona10.64 acre of open space in the remaining unimproved and un-platted 44.43 acres. In
addition, as a condition of approval of the subject time extension, Staff is recommending that future
phases comply with the 10% open space requirement and provide a total of 4.44 acres of qualified
open space for an overall total of 5.08 acres (including the deficient amount of 0.64 in the first phase).
The applicant has provided updated calculations for the remainder of the project based on the
qualified open space requirements in UDC 11-3G-3B, as follows: park/storm drainage (subsurface)
area (4.86 acres), arterial and collector street buffers (0.65 acre}, and amulti-use pathway along the
canal (0.32 acre) for a total of 5.83 acres, which exceeds the minimum open space required of 5.08
acres. In addition, the applicant is proposing to construct local street buffers with detached sidewalks
which tota12.36 acres of qualified open space.
With submittal of subsequent final plat(s), the applicant will need to submit a landscape plan that
demonstrates compliance with the open space and site amenity requirements in UDC 11-3G-3 as
noted above.
The amenities proposed under the original approval meet the current amenity requirements of the
UDC. The approved amenities included a clubhouse, pool, play equipment, and multi-use pathway.
Note: The Development Agreement for this project includes building elevations that were approved
with the original submittal. Therefore, staff is not requiring the applicant to submit new building
elevations as a condition of this time extension request.
4. SiJNIlVIARY RECOMNII;NDATION
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 for the second phase of the Zebulon
Heights Subdivision No. 2 preliminary plat. Staff further recommends that the applicant comply
with all of the previous conditions of approval for AZ-OS-006 [Development Agreement (Instrument
No. 106111627)], PP-OS-008, CUP-OS-019, FP-06-053, TE-06-005, & TE-06-006, and the following
as conditions of the subject time extension approval:
Zebulon Heights Sub. No. 2 TE-09-012 PAGE 2
1. An updated plat and landscape plan shall be submitted with subsequent final plat applications
demonstrating compliance with the open space and site amenity requirements listed in UDC 11-
3G-3 and the minimum amount of open space listed above of 5.08 acres for the remainder of the
subdivision.
5. PROPOSED MOTION
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number TE-09-
012, as presented in the staff report for the hearing date of April 28, 2009.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number TE-09-012,
as presented during the hearing on Apri128, 2009 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-09-
012 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
should state specific reason(s) for continuance)
6. EXHIBITS
a. Vicinity Map
b. Zebulon Heights Subdivision No. 2 Approved Preliminary Plat
Zebulon Heights Sub. No. 2 TE-09-012 PAGE 3
A. Vicinity Map
Zebulon Heights Sub. No. 2 TE-09-012 PAGE 4
B. Zebulon Heights Subdivision No. 2 Approved Preliminary Plat
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Zebulon Heights Sub. No. 2 TE-09-012 PAGE 5