Olivetree at Spurwing Subdivison-Tec H-2016-0023BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR A TWO (2) YEAR
TIME EXTENSION ON THE
PRELIMINARY PLAT FOR
OLIVETREE AT SPURWING
SUBDIVISION IN ORDER TO
OBTAIN THE CITY ENGINEER'S
SIGNATURE ON THE FINAL
PLAT, LOCATED IN SECTION 23,
TAN., RAW. MERIDIAN, IDAHO
BY: SPURWING LIMITED
PARTNERSHIP
APPLICANT
C/C MARCH 22, 2016
H-2016-0023
ORDER OF CONDITIONAL
APPROVAL OF TIME EXTENSION
This matter coming on regularly before the City Council on March 22, 2016, 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 Olivetree at
Spurwing Subdivision, which preliminary plat was originally approved on February 20, 2007, as
provided in Unified Development Code § 11-613-7C, and good cause shown. An administrative
time extension (TE -09-023) for eighteen (18) months was approved for this subdivision by the
Planning Director on February 20, 2009 and would have otherwise expired on August 20, 2010.
A second time extension (TE -10-017) for eighteen (18) months was approved by the City
Council on August 24, 2010 and would have otherwise expired on February 20, 2012. A third
time extension (TE -12-003) for two (2) years was approved by the City Council on March 20,
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR OLIVETREE AT SPURWING SUBDIVISION — TEC (H-2016-0023)
Page 1 of 2
2012 and would have otherwise expired on February 20, 2014. A fourth time extension (TEC -14-
001) for two (2) years was approved by the City Council on March 11, 2014 and would have
otherwise expired on February 20, 2016.
IT IS HEREBY ORDERED THAT:
The above named Applicant is granted an additional two (2) extended period of time,
until February 20, 2018, within which to obtain the City Engineer's signature on the final
plat, subject to the conditions of approval as shown in the Staff Report attached as
Exhibit A for the hearing date of March 22, 2016 incorporated by reference.
Attached: Staff Report for the hearing date of March 22, 2016
By the action of the City Council at its regular meeting on the Jr` day of
2016.
DATED this
Attest:
aycee REl;jolman, City Clerk
day of , 2016
Mayor Weerd
'60 `
f
w
t
Copy served upon the Applicant, Community Development Department, Public Works
Department, and City Attorney.
BY: Dated:
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR OLIVETREE AT SPURWING SUBDIVISION — TEC (H-2016-0023)
Page 2 of 2
EXHIBIT A
Olivetree at Spurwing Sub – TEC H-2016-0023.doc Page 1
HEARING DATE: March 22, 2016
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
SUBJECT: Olivetree at Spurwing Subdivision - TEC (H-2016-0023)
I. APPLICATION SUMMARY
The applicant, Spurwing Limited Partnership, has been unable to meet the time requirements
specified in Unified Development Code (UDC) 11-6B-7. Therefore, a two (2) year time extension is
requested to obtain the City Engineer’s signature on the final plat (FP-08-004).
The subject final plat consists of 65 single-family building lots and 6 common lots on 20.51 acres of
land. Eighteen percent of the site is proposed to develop as open space.
The applicant states that the Idaho Transportation Department has completed improvements for the
SH-20/26 (Chinden Blvd.)/Ten Mile Road intersection, which required significant modifications to
the overall SpurWing development. With construction of the corridor complete, they feel current
market conditions are favorable to complete processing of the plat and construction of the
subdivision. Construction plans are complete and should be submitted within the next month.
This is the fifth time extension requested by the applicant for this subdivision.
II. STAFF RECOMMENDATION
Staff recommends approval of a two (2) year time extension to obtain the City Engineer’s signature
on the final plat for Olivetree at Spurwing Subdivision as requested by the applicant, to expire
February 20, 2018, with the conditions included below in Exhibit B.
III. PROPOSED MOTION
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number H-2016-
0023, as presented in the staff report for the hearing date of March 22, 2016.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number H-2016-
0023, as presented during the hearing on March 22, 2016 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 H-2016-
0023 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 subject property is generally located north of W. Chinden Boulevard and west of N.
Spurwing Way, in the southeast ¼ of Section 23, Township 4 North, Range 1 West.
EXHIBIT A
Olivetree at Spurwing Sub – TEC H-2016-0023.doc Page 2
B. Owner:
Spurwing Limited Partnership/Pacific Links Company
1406 N. Main Street, Ste. 205/6800 N. SpurWing Way
Meridian, ID 83642/83646
C. Applicant:
SpurWing Limited Partnership
1406 N. Main Street, Ste. 205
Meridian, ID 83642
D. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. UNIFIED DEVELOPMENT CODE
Per UDC 11-6B-7, approval of a preliminary plat, combined preliminary and final plat, or short plat
shall become null and void if the applicant fails to obtain the City Engineer’s signature on a final plat
within two years of the approval of the preliminary plat, combined preliminary and final plat or short
plat.
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 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 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 the 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: March 7 and 14, 2016
C. Radius notices mailed to properties within 300 feet on: March 3, 2016
D. Applicant posted notice on site by: March 12, 2016
VII. HISTORY OF PREVIOUS ACTIONS:
This property was annexed in 2006 and zoned R-4 and R-8; a Development Agreement
(107119572) was required as a provision of annexation (AZ-06-043),
The preliminary plat (PP-06-045) for the Olivetree at Spurwing Subdivision was approved by
the Meridian City Council on February 20, 2007.
A final plat application (FP-08-004) for the Olivetree at Spurwing Subdivision was approved
by City Council on May 27, 2008 but has not yet received City Engineer signature as required
by UDC 11-6B-7.
A time extension (TE-09-023) for eighteen (18) months was approved by the Director on
February 20, 2009 to obtain the City Engineer’s signature on the final plat prior to August 20,
2010.
EXHIBIT A
Olivetree at Spurwing Sub – TEC H-2016-0023.doc Page 3
A second time extension (TE-10-017) for eighteen (18) months was approved by the City
Council on August 24, 2010 to expire on February 20, 2012.
A third time extension (TEC-12-003) for two (2) years was approved by the City Council on
March 20, 2012 and would have expired on February 20, 2014 without submittal of a time
extension request.
A fourth time extension (TEC-14-001) for two (2) years was approved by the City Council on
March 11, 2014 and would have expired on February 20, 2016 without submittal of the subject
time extension request.
VIII. STAFF ANALYSIS
As conditions of granting the first preliminary plat time extension, the applicant was required to meet
all terms of the approved Development Agreement (107119572), Annexation (AZ-06-043),
Preliminary Plat (PP-06-045), and Final Plat (FP-08-004) for this development. Additionally, all
single-family structures are required to be constructed consistent with the elevations approved by City
Council on 2/7/07 as shown in Exhibit A.3. Future construction on all single-family attached
structures within the subdivision is subject to design review approval per the standards set forth in the
UDC and Meridian Design Manual.
With the second time extension, it was noted that there were deficiencies in the sanitary sewer system
with Jayker Subdivision where this developments sanitary sewer effluent is planned to flow. These
deficiencies were required to be resolved prior to issuance of building permits. Since that time, the
deficiencies have been resolved. No other conditions were attached with that time extension.
With the third time extension, conditions were included in accord with changes to the UDC that
require the property owner to post a performance surety with the City in the amount of 125% of the
total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat
signature. Additionally, the property owner is required to post a warranty surety with the City in the
amount of 20% of the total construction cost for all completed sewer, water and reuse infr astructure
for a duration of two years.
With the fourth time extension, the applicant was required to comply with the current standards for
street lights and Public Works construction standards.
The common area and site amenities proposed within the development comply with current UDC
standards. Staff is not recommending any new conditions of approval with the subject time extension.
The applicant shall comply with all previous conditions of approval for this development.
V. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Approved Preliminary Plat (dated: 12/13/06)
3. Final Plat (dated: 5/16/08)
4. Building Elevations Approved by City Council on 2/7/07
B. Conditions of Approval
EXHIBIT A
Olivetree at Spurwing Sub – TEC H-2016-0023.doc Page 4
Exhibit A.1 – Vicinity/Zoning Map
EXHIBIT A
Olivetree at Spurwing Sub – TEC H-2016-0023.doc Page 5
Exhibit A.2 - Approved Preliminary Plat (dated: 12/13/06)
EXHIBIT A
Olivetree at Spurwing Sub – TEC H-2016-0023.doc Page 6
Exhibit A.3 – Approved Final Plat (dated: 5/16/08)
EXHIBIT A
Olivetree at Spurwing Sub – TEC H-2016-0023.doc Page 7
Exhibit A.4 - Building Elevations Approved by City Council on 2/7/07
EXHIBIT A
Olivetree at Spurwing Sub – TEC H-2016-0023.doc Page 8
Exhibit B – Conditions of Approval
1. The applicant is to meet all terms of the approved Development Agreement (107119572),
Annexation (AZ-06-043), Preliminary Plat (PP-06-045), Final Plat (FP-08-004), and Time
Extensions (TE-09-023, TE-10-017, TEC-12-003 and TEC-14-001) for this development.