Baraya Subdivision TEC-14-007BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR A TWO (2) YEAR
TIME EXTENSION ON THE
PRELIMINARY PLAT FOR
BARAYA SUBDIVISION IN ORDER
TO OBTAIN THE CITY
ENGINEER'S SIGNATURE ON
THE FINAL PLAT, LOCATED IN
SECTION 15, T.3N., R.1W,
MERIDIAN, IDAHO
BY: MATT SCHULTZ, SCHULTZ
DEVELOPMENT, LLC
APPLICANT
C/C JANUARY 20, 2015
CASE NO. TEC -14-007
ORDER OF CONDITIONAL
APPROVAL OF TIME EXTENSION
This matter coming on regularly before the City Council on January 20, 2015, upon the
Applicant's submittal of a preliminary plat time extension application for a two (2) year
extension within which to obtain the City Engineer's signature on a final plat for Baraya
Subdivision, which preliminary plat was originally approved on July 10, 2007, as provided in
Unified Development Code § 11 -6B -7C, and good cause shown. A third time extension (TEC -
13 -001) for two (2) years was previously approved for this subdivision by the City Council on
March 5, 2013 and would have otherwise expired on January 10, 2015.
IT IS HEREBY ORDERED THAT:
The above named Applicant is granted an additional two (2) year extended period of
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR BARAYA SUBDIVISION (TEC -14-007)
Page 1 of 2
EXHIBIT A
HEARING DATE: January 20, 2015
TO: Mayor and City Council
FROM: Sonya Watters, Associate City Planner
SUBJECT: TEC -14-007 — Baraya Subdivision
I. APPLICATION SUMMARY
EIDIAN
IDAHO
The applicant, Matt Schultz, requests approval of a two (2) year time extension on the preliminary
plat for Baraya Subdivision in order to obtain the City Engineer's signature on a final plat. This will
be the fourth time extension requested for this project.
II. STAFF RECOMMENDATION
Staff recommends approval of a two year time extension to obtain the City Engineer's signature on a
final plat for Baraya Subdivision as requested by the applicant, to expire on January 10, 2017.
III. PROPOSED MOTION
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number TEC -14-
007, as presented in the staff report for the hearing date of January 20, 2014.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number TEC -14-
007, as presented during the hearing on January 20, 2014 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 -
14 -007 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 3935 W. Franklin Road and 280 S. Black Cat Road on the south side of W.
Franklin Road just east of S. Black Cat Road, in the northern portion of Section 15, Township 3
North, Range 1 West B.M. (See Exhibit A.1).
B. Owner:
Viper Investments, LLC
1977 E. Overland Road
Meridian, ID 83642
BuyRite, LLC
151 Galvani Drive, Ste. 100
Meridian, ID 83642
Baraya Subdivision - TEC -14-007 Page 1
EXHIBIT A
C. Applicant:
Matt Schultz, Schultz Development, LLC
P. O. Box 1115
Meridian, ID 83680
D. Representative:
Same as applicant
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. UNIFIED DEVELOPMENT CODE
Per UDC 11-613-7, 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. Upon written request and filing by the applicant prior to the termination of the
allowed time period, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed 2 years. Additional time extensions up to 2 years
as determined and approved by City Council may be granted. With all extensions, the Director or City
Council may require the 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: December 29, 2014 and January 12, 2015
C. Radius notices mailed to properties within 300 feet on: December 24, 2014
D. Applicant posted notice on site by: January 8, 2015
VII. HISTORY OF PREVIOUS ACTIONS:
• In 2007, the subject 95.57 acre property was annexed into the City and zoned R-8, R-15, and R-
40 (AZ -06-061); a development agreement was required as a provision of annexation, recorded as
Instrument No. 107123289.
A preliminary plat was also approved for Baraya Subdivision that consisted of 118 single-family
residential building lots on 26.41 acres of land in the R-8 zoning district, 216 single-family
residential building lots on 38.26 acres and 1 school lot on 14.98 acres in the R-15 zoning district,
and 2 multi -family residential building lots on 13.01 acres in the R-40 zoning district and 30
common lots (PP -06-062).
• Two (2) final plats for Baraya Subdivision (FP -07-030 & FP -07-031) were approved October 16,
2007 but have not yet been signed by the City Engineer. The first phase consists of 50 single-
family building lots and 14 common lots on 10.10 acres in an R-15 zone. The second phase
consists of 50 single family lots and I common lot on 10.55 acres in an R-8 zone.
• An 18 month time extension (TE -09-015) was approved by the Planning Director on May 20,
2009 for the applicant to obtain the City Engineer's signature on the first phase of the final plat,
to expire on January 10, 2011. As a provision of approval of the time extension, future
townhomes are required to obtain administrative design review (DES) and certificate of zoning
compliance (CZC) approval.
Baraya Subdivision - TEC -14-007 Page 2
EXHIBIT A
• A second time extension for two (2) years was granted by Council on February 15, 2011 to expire
on January 10, 2013 (TE -11-001). No new conditions of approval were required as provisions of
the time extension.
• A third time extension for two (2) years was granted by Council on March 5, 2013 to expire on
January 10, 2015 (TEC -13-001). A few new conditions of approval were required as provisions
of the time extension which pertained to compliance with current performance and warranty
surety requirements and street light requirements.
A new final plat for the first phase of Baraya Subdivision, consisting of 47 building lots and 3
common lots on 11.05 acres of land in the R-8 and R-15 zoning districts, was approved on
January 28, 2014.
VIII. STAFF ANALYSIS
This is the fourth time extension requested for this development. The applicant has met the necessary
deadline by filing a written request for a time extension prior to the expiration date of the preliminary
plat.
Since the last extension, the applicant's narrative states they've coordinated with ACRD on updated
Franklin Road widening plans and obtained approval of a new phase I final plat in 2014. Phase I is
scheduled for construction in 2015 provided the market conditions continue to improve in the area.
See applicant's narrative for more information.
Per UDC 11 -6B -7C, with all extensions, the City Council may require the preliminary plat to comply
with current provisions of the UDC. The approvals for previous time extensions included provisions
for compliance with current performance and warranty surety, and street lights standards; and
submittal of a certificate of zoning compliance and administrative design review applications for the
townhomes.
Because the original approval included qualified open space in excess of the required 10%, site
amenities in accord with current UDC standards, and design guidelines and elevations for the
development, Staff does not recommend any new conditions of approval with the subject time
extension.
The applicant shall comply with all previous conditions of approval for this site.
IV. EXHIBITS
A. Drawings
1. Vicinity Map
2. Approved Site Design
3. Approved Sample Elevations
B. Conditions of Approval
Baraya Subdivision - TEC -14-007 Page 3
EXHIBIT A
Exhibit A.1— Vicinity Map
Baraya Subdivision - TEC -14-007 Page 4
EXHIBIT A
Exhibit A.2 — Approved Site Design
Baraya Subdivision - TEC -14-007 Page 5
EXHIBIT A
Exhibit A.3 — Approved Sample Elevations
Baraya Subdivision - TEC -14-007 Page 6
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EXHIBIT A
Exhibit B: Conditions of Approval
1. If a public street is not constructed over the existing sewer main that bisects this propegy prior to
September 15 2015 the applicant shall construct a 14 -foot wide gravel access road over the
sewer main.
Baraya Subdivision - TEC -14-007 Page 8