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Avendale Subdivision TEC-15-003BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR A ONE (1) YEAR TIME EXTENSION ON THE PRELIMINARY PLAT FOR AVENDALE SUBDIVISION IN ORDER TO OBTAIN THE CITY ENGINEER'S SIGNATURE ON THE FINAL PLAT, LOCATED IN SECTION 10, T.3N., R.1W, MERIDIAN, IDAHO BY: SILVER OAKS APARTMENTS, LLC APPLICANT CIC AUGUST 25, 2015 CASE NO. TEC -15-003 ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION This matter coming on regularly before the City Council on August 25, 2015, upon the Applicant's submittal of a preliminary plat time extension application for a one (1) year extension within which to obtain the City Engineer's signature on a final plat for Avendale Subdivision, which preliminary plat was originally approved on July 26, 2011 as provided in Unified Development Code § 11 -6B -7C, and good cause shown. One (1) time extensions (TED - 13 -001) was previously approved for this subdivision, which would have expired on July 26, 2015 without the subject time extension. IT IS HEREBY ORDERED THAT: The above named Applicant is granted an additional one (1) year extended period of time, until July 26, 2015, within which to obtain the City Engineer's signature on a final plat, subject to the conditions of approval as shown in the attached Staff Report for the ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR AVENDALE SUBDIVISION (TEC -15-003) Page 1 of 2 hearing date of August 25, 2015 incorporated by reference. Attached Exhibit A: Staff Report for the hearing date of August 25, 2015 B e action of the City Council at its regular meeting on the_ day of �� C-M\-�e V , 2015. DATED this day of Z�XD\-CM I Y , 2015 tir ogp°r.aTrr�L�f Mayor e Weerd Attest: , / or ow NOIle V� n 9 Ja ceelman, ' lerk Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. 13)`5 Dated: ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR AVENDALE SUBDIVISION (TEC -15-003) Page 2 of 2 EXHIBIT A Avendale Sub TEC-15-003 PAGE 1 STAFF REPORT HEARING DATE: August 25, 2015 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner Bruce Freckleton, Development Services Manager SUBJECT: TEC-15-003 – Avendale Subdivision I. APPLICATION SUMMARY The applicant, Silver Oaks Apartments, LLC, requests approval of a one year time extension on the preliminary plat for Avendale Subdivision in order to obtain the City Engineer’s signature on a final plat. Because City services have already been installed in the ground on this site, staff deems the use has commenced in accord with the requirements listed in UDC 11-5B-6F.1 and does not require a time extension for the conditional use permit (CUP-10-014) in order for it to remain valid. II. STAFF RECOMMENDATION Staff recommends approval of a two year time extension on the preliminary plat to obtain the City Engineer’s signature on a final plat for Avendale Subdivision to expire on July 26, 2015. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number TEC-15- 003, as presented in the staff report for the hearing date of August 25, 2015. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TEC-15- 003, as presented during the hearing on August 25, 2015 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- 15-003 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 3800 W. Perugia Street, north of W. Franklin Road and west of N. Ten Mile Road, in the SE ¼ of Section 10, T.3N., R.1W. B. Owner: Silver Oaks Apartments, LLC 7630 W. Thunder Mountain Drive Boise, ID 83709 EXHIBIT A Avendale Sub TEC-15-003 PAGE 2 C. Applicant: Silver Oaks Apartments, LLC/SOA Phase I, LLC 7630 W. Thunder Mountain Drive Boise, ID 83709 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. UNIFIED DEVELOPMENT CODE (UDC) Per UDC 11-6B-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. Where the development of the preliminary plat is made in successive phases in an orderly a nd reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if signed by the City Engineer within successive intervals of two years, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filing by the applicant prior to the termination of the allowed time period, the City Council may authorize a time extension up to two years. With all extensions, the 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: August 3 and 17, 2015 C. Radius notices mailed to properties within 300 feet on: July 30, 2015 D. Applicant posted notice on site by: August 15, 2015 VII. HISTORY OF PREVIOUS ACTIONS:  In 2005, the subject property was annexed with an R-15 zoning district (AZ-05-016). A Development Agreement was required as a provision of annexation recorded as Instrument No. 106002636.  Also in 2005, a preliminary plat (PP-05-023) consisting of 1 large multi-family residential building lot and 1 commercial office building lot was approved.  In 2006, a final plat (FP-06-011) was approved consisting of 1 multi-family residential building lot, 1 commercial/office building lot, and 1 common lot on 28.65 acres. This plat was recorded.  In 2011, a conditional use permit (CUP-10-014) was approved for a multi-family development on the subject property consisting of 369 dwelling units on 24.61 acres of land in an R-15 zoning district. An amendment to the development agreement (MDA-10-011) was also approved based on the new development plan (Inst. #111028916).  A new preliminary plat (PP-11-001) for Avendale Subdivision was approved on July 26, 2011. Per the conditions of approval, the preliminary plat would have expired on July 26, 2013; however, a time extension (TED-13-001) was approved by the Director which extended the time period in which to obtain the City Engineer’s signature to July 26, 2015. The subject request for extension was submitted prior to the expiration date. EXHIBIT A Avendale Sub TEC-15-003 PAGE 3 VIII. STAFF ANALYSIS This is the second time extension requested for the subject preliminary plat. The preliminary plat consists of 4 building lots on 24.61 acres of land in the R-15 zoning district. A final plat (FP-15-011) was approved by the City Council on April 21, 2015 but has not yet been signed by the City Engineer. The Applicant states in the application narrative that they are awaiting documentation from the Nampa Meridian Irrigation District to allow the final plat to be signed. Approval of the subject time extension will allow the applicant to continue obtaining signatures, record the plat and develop the project. 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). In addition, the City Council provided staff with guidelines to use when evaluating time extension requests. These guidelines are meant for guidance and not as a mandate. Staff has reviewed the aforementioned guidelines provided by City Council in relation to this project. Since the time the preliminary plat was approved, Public Works construction standards have changed. Therefore, staff recommends as a condition of the subject time extension the applicant revises the development plans to comply with the 2013 edition of the Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction prior to signature on the final plat by the City Engineer. IV. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Approved Preliminary Plat (dated: 11/30/10) B. Conditions of Approval EXHIBIT A Avendale Sub TEC-15-003 PAGE 4 Exhibit A.1 – Vicinity/Zoning Map EXHIBIT A Avendale Sub TEC-15-003 PAGE 5 Exhibit A.2 – Approved Preliminary Plat (11/30/10) EXHIBIT A Avendale Sub TEC-15-003 PAGE 6 B. Conditions of Approval 1. The applicant shall revise the development plans to comply with the 2013 edition of the Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction prior to signature on the final plat by the City Engineer. 2. The applicant shall obtain the City Engineer’s signature on a final plat for Avendale Subdivision or apply for a time extension in accord with UDC 11-6B-7 prior to July 26, 2016.