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Home My WebLink AboutTime Extension 09-021December 2 2009 ` Mr. Greg Rindlisbacher Bach Investments, LLC 11650 South State Street, Suite 300 Draper, Utah 84020 RE: Time Extension for Regency at River Valley Dear Mr. Rindlisbacher: je(IL MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba Per the findings of the attached staff report for Regency at River Valley, I am granting approval of an 18 - month time extension as requested. You have until June 17, 2011 to commence the use approved with the conditional use permit. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted in the future, if necessary. If you should have any questions regarding this matter, please don't hesitate to call Sonya Watters at 884- 5533. Sincer ly Anna Borchers Canning, AICP Planning Director Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533. Fax 208-888-6854 . www.meridiancity.org CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT DATE: December 2, 2009 TO: Anna Borchers Canning, Planning Director FROM: Sonya Watters, Associate City Planner SUBJECT: TE -09-021 Regency at River Valley STAFF RECOMMENDATION F1 IDIANt-- f€?AHO Staff recommends approval of an 18 -month time extension to commence the use approved with the conditional use permit for Regency at River Valley, to expire June 17, 2011. APPLICATION SUMMARY The applicant, Bach Investments, LLC, has requested approval of a time extension to commence the use approved with the conditional use permit for Regency at River Valley. The approved conditional use permit authorizes the construction of 9 multi -family residential apartment buildings consisting of a total of 204 units, a clubhouse, swimming pool area, a putting green, several gazebos, an entry water feature, pathways, extensive landscaping, and a playground area in an R-40 zoning district. The Applicant has been unable to meet the time requirements for conditional use permits specified in Unified Development Code (UDC) 11-5B-6. The Applicant states that their plans for construction have been delayed due to the difficult housing market and the difficulty in obtaining lender financing on residential projects (see Applicant's narrative submitted with application). The annexation (AZ -08-003), conditional use permit (CUP -08-004), and variances (VAR -08-001 & VAR -08-002) were approved by the Meridian City Council on June 17, 2008. The conditional use permit is set to expire on December 17, 2009. LOCATION The subject property is located at 2500 N. Eagle Road, on the east side of N. Eagle Road midway between E. Fairview Avenue & E. Ustick Road, in the NW % of T. 3N., R. 1E., Section 4. STAFF ANALYSIS The City of Meridian's Unified Development Code (UDC 11-6B-7) allows the Director to authorize one administrative time extension to commence the conditional use permit, not to exceed 18 -months, when the applicant files a written request for an extension prior to the expiration of the approved conditional use permit. The Applicant has met the necessary deadline by filing a written request before the approved conditional use permit expires. Additional time extensions up to 18 -months may be granted if determined and approved by the City Council. 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 -5B -6F4). Staff believes there are no additional conditions that should be added to those approved by the City Council with the conditional use permit, at this time. Regency at River Valley CUP TE.doc Page 1 CNI �E IDIAN Planning Department o c� ADMINISTRATIVE REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Alternative Compliance ❑ Certificate of Zoning Compliance ❑ Certificate of Zoning Compliance Verification ❑ Conditional Use Permit Minor Modification ❑ Design Review ❑ Private Street ❑ Property Boundary Adjustment El Time Extension (Director) ❑ Vacation ❑ Other STAFF USE ONLY: File number(s): 'TG -CR -07-1 Project name: KjWt ►c y a-+ R; YCr VaUe) V Date filed: 11 -?-*-ICA Date complete: I► 2'} 09 Assigned Planner: Sonya• Wai#erS Relatedfiles: A2.-0B'aLD03' Gvr-O$- CPOy VAR -O$ -ool j ✓A f_-o8-ooJ_ Applicant Information Applicant name: Bach Investments LLC by Gree Rindlisbacher Phone: 801.567.3006 Applicant address: 11650 South State Street Suite #300 Applicant's interest in property: ❑� Own ❑ Rent ❑ Optioned ❑ Other Zip: 84020 Owner name: RAMI LLC Phone: 801.567.3006 Owner address: 11650 South State Street Suite #300 Zip: 84020 Agent name (e.g., architect, engineer, developer, representative): Same as applicant Firm name: Address: Phone: Zip: Primary contact is: ❑ Applicant 0 Owner ❑ Agent ❑ Other Contact name: Greg Rindlisbacher Phone: 801.567.3006 E-mail: g.bachhomes.net Fax: 801.567.3091 Subject Property Information Location/street address: 2500 N Eagle Rd Meridian ID 83646 Assessor's parcel number(s): S 1104233914 & S 1104233920 Township, range, section: T3N, RIE, SEC 4 Total acreage: 11.71 Current land use: Vacant Land Current zoning district: RUT 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 11/4/08) Project Description Project/subdivision name: The Regency at River Valley Apartment Community General description of proposed project/request: 204 apartment units, 36 garage units, clubhouse and amenities. Proposed zoning district(s): Acres of each zone proposed: 11.71 Type of use proposed (check all that apply): 0 Residential ❑ Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: 204 Number of building lots: I Number of common and/or other lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: 56 Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): 17 , Percentage of open space provided: Percentage of useable open space: 2 or more Bedrooms: 148 Proposed building height: _ Average property size (s.£): Net density (DU/acre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes []Duplexes ❑� Multi -family Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: Hours of operation (days and hours): Percentage of site/project devoted to the following: Landscaping: Building: Existing (if applicable): Building height: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant name: ILL 1Qe ' Applicant signature:kI Date: Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 Meridian City Planning Department 660 E. Watertower, Ste. 202 Meridian, ID 84642 Re: Time Extension Request for "The Regency at River Valley Apartment Community" To Whom It May Concern, Bach Investments, the applicant is requesting in behalf of the owners of the property located at 2500 North Eagle Road, Meridian, Idaho for a time extension on its approvals for, The Regency at River Valley Apartment Project. Approvals were granted to the owners on June 17th 2008. It is our understanding that the approvals expire December 17th 2009. Due to the difficult housing market that the nation has been faced with and the difficulty in obtaining lender financing on residential projects, our plans for construction on this project have been delayed. We are therefore requesting an eighteen month time extension of our approvals. We are looking forward to the commencement of construction of this project in your city and hope it will soon come to fruition. It is anticipated that construction will begin in the late spring of 2010. If you have any questions, please call or email. JThankou, Greg dlisbacher Bach Investments LLC 801.567.3006 g.r@bachhomes.net 11650 South State Street, Suite 300 • Draper, Utah 84020 • Phone: 801.566.2224 • Fax. 801.566.2203 • www.bachhomes.net STATE OF IDAHO ) COUNTY OF ADA ) AFFIDAVIT OF LEGAL INTEREST L I C>?�� S Sr}`ae �e-�' S�,t ►G 3�� (name) ' J I �(address) (city) V`T (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: E'I�. TPV1e�-I 0W y1 -k , I I ( S. S�a+e Mule -I- Sou �e �r�► t��. (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). s� N,Ci 1JOV� h/t�� d Dated this d� day of 20 _ SUBSCRIBED AND SWORN to before me the NOTARY PUBLIC AMIE ROTHEY 11341 CARRIE RIM CIRCLE SOUTH JORDAN. UT 84095 COMMISSION EXPIRES 07/02/2011 STATE OF UTAH J?AMI LLk, W. (Zf-� (Sign u e) n My Commission Expires: STATE OF IDAHO COUNTY OF ADA AFFIDAVIT OF LEGAL INTEREST (name) (address) (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: �nye-'-iVy Y!"I 1� l� «^ �. 0'+( mei' Si c► z _ a f7t!R— UT, (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this .2_0 61 day of On f t -YR W Y , 20O�3_ (Signature) SUBSCRIBED AND SWORN to before me the day and ye st above written. NOTARY PUBLIC (N publicfI' o) AMIE ROTHEY J+tr h 11341 CARRIE RIM CIRCLE SOUTH JORDAN, UT 84095 Residing at: ii COMMISSION EXPIRES 0011 r7 b 2 /�.� STATETE OFOF UTAH My Commission Expires: I I AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA (name) f j (address) 17lolt2P,� `�l'l"1i Ln (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this VIA—day of N OV YVI U1 y , 20� (Signature) SUBSCRIBED AND SWORN to before me the day and yeayTirst above written. NOTARY PUBLIC V ° AMIE ROTHEY (N Pu 1C f 11341 CARRIE RIM CIRCLE SOUTH JORDAN, UT 84095 COMMISSION EXPIRES Residing at: 07/02/2011 STATE OF UTAH My Commission xpires: AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA I, `J CJ M a-(� , I z510 so. 3oOD L^Jps+ (name) (address) (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: 'Eerli :ryily4, PVt'�S , I I(e ,v . +a.+e 5ftg � Str fr *3j3 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). (�— Dated this rk _day of I V'� �i� � Y' 20 (Signature) SUBSCRIBED AND SWORN to before me the day and year firs above NOTARY PUBLIC f (Notary blic for Vta. AMIE ROTHEY 11341 CARRIE RIM CIRCLE I LIT SOUTH JORDAN, UT 84095 Residing at: COMMISSION EXPIRES 07/02/2011 STATE OF UTAH My Commission Expires: AFFIDAVIT OF LEGAL INTEREST STATE OF i C- t ) COUNTY OF (... Yk D 'C30 I, MY5 ?Z LLC: , 21 2GA- 4 j&LZ (name) j (address) (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: &,rk TttyAywci� Lu IIL0 S 'S'1`o.te S�yPP+ i+e, ' J y-,11aQY, VT (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). I V V1�Q I� Dated this �� day of , 20 Jel ignature) SUBSCRIBED AND SWORN to before me the day and year first above written. PLEASE SEE ATTACHED CALIFORNIA. JURAT Residing at: (Notary Public foi My Commission Expires: CALIFORNIA .JURAT WITH AFFIANT STATEMENT ee Attached Document (Notary to cross out lines 1-6 below) See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) ---------------------------------------------------------- ------------------------------------------------- Signature of Document Signer No 1 State of California County of San Die J LUKE "E 'I' V COMM. # 1729212 yp NOTARY PUBLIC • CALIFORNIA SACRAMENTO COUNTY n COMM. EXPIRES MARCH 5, 2011 j Place Notary Seal Above Signature of Document Signer No. 2 (it Subscribed and sworn to (or affirmed) before me on this A r �P day of /VAV 20194 , by Date Month Year (1)� J;_:uSEN — Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.)' Name of Signer proved to me on the basis of satisf evidence to be the person w o appear d ore me Signature �_�A \-T V-V -7 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: L0ft_kT _ Document Date: Signer(s) Other Than Named Above: Number of Pages: RIGHTTHUMBPRINT RIGHTTHUMBPRINT OF SIGNER #t OF SIGNER #2 .p of . here ... .. _ 02007 National Notary Association 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNolary.org Item #5910 Reorder Call Toll -Free 1-800-876-6527 �E Inde Ivy x ' -• lea jM l'J Re�enG paitment Community `Gar ian, ID. Meridian t . .: 4 . Ili • .� .� yi Y - .-.. • h 7' r • 5.0 HdIcre .ti �QOU Eircpa rchnolcg es age U S Geolog :.a' Su ,ey " 611. • s g . 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