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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.