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Earl Glen Subdivision H-2018-0094 PP ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR [EARL GLEN SUBDIVISION] (H-2018-0094) Page 1 of 2 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: OCTOBER 2, 2018 IN THE MATTER OF THE REQUEST FOR A TWO (2) YEAR TIME EXTENSION ON THE PRELIMINARY PLAT IN ORDER TO OBTAIN THE CITY ENGINEER’S SIGNATURE ON A FINAL PLAT, AND TO COMMENCE THE MULTI- FAMILY USE PERMITTED WITH THE CONDITIONAL USE PERMIT FOR EARL GLEN SUBDIVISION, LOCATED IN SW ¼ OF SECTION 29, T.4N., R.1E, MERIDIAN, IDAHO BY: RILEY PLANNING SERVICES APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2018-0094 ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION This matter coming on regularly before the City Council on October 2, 2018, upon the Applicant’s submittal of a preliminary plat and conditional use permit time extension application for a two (2) year extension within which to obtain the City Engineer’s signature on a final plat and to commence the multi-family use for Earl Glen Subdivision, which the preliminary plat and conditional use permit was originally approved on September 1, 2015, as provided in Unified Development Code § 11-6B-7C, and good cause shown. An administrative time extension (A- 2017-0132) for twelve (12) months was previously approved for this subdivision by the Planning Director on July 17, 2017 and would have otherwise expired on September 2, 2018. Meridian City Council Meeting Agenda October 16, 2018 – Page 165 of 419 IT IS HEREBY ORDERED THAT: The above named Applicant is granted an additional two (2) year extended period of time, until September 2, 2020, within which to obtain the City Engineer's signature on the final plat and to commence the multi -family use, subject to the additional conditions of approval as shown in the attached Staff Report for the hearing date of October 2, 2018 incorporated by reference. Attached: Staff Report for the hearing date of October 2, 2018 By the action of the City Council at its regular meeting on the I Ly ++I day of 66,0 Pk- 52018. DATED this l0 day of 060bP)r— , 2018 Mayo • am de Weerd Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. BY: OYU itQ. Wan= Dated: ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR [EARL GLEN SUBDIVISION] (H-2018-0094) Page 2 of 2 EXHIBIT A Earl Glen Subdivision - TEC H-2018-0094 Page 1 HEARING DATE: October 2, 2018 TO: Mayor & City Council FROM: Bill Parsons, Planning Supervisor SUBJECT: Earl Glen Subdivision (H-2018-0094) I. APPLICATION SUMMARY The applicant, Riley Planning Services, LLC., requests a two (2) year time extension (TEC) on the previously approved preliminary plat (PP) in order to obtain the City Engineer’s signature on a final plat and to extend the time to commence the multi-family use as permitted with the conditional use permit for Earl Glen Subdivision. The subject preliminary plat consists of 20 building lots and 3 common area lots on 4.65 acres of land. II. STAFF RECOMMENDATION Staff recommends approval of the subject time extension, to expire on September 2, 2020, with the conditions included in Exhibit B. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number H-2018- 0094, as presented in the staff report for the hearing date of October 2, 2018. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number H-2018- 0094, as presented during the hearing on October 2, 2018 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-2018- 0094 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 1780 E. McMillan Road, in the SW ¼ of the SW ¼ of Section 29, Township 4 North, Range 1 East. B. Owner: Brinegar Investments LLLP 1925 NE Locust Grove Rd. Meridian, ID 83646 C. Applicant: Riley Planning Services, LLC. P.O. Box 405 Boise, ID 83701 Meridian City Council Meeting Agenda October 16, 2018 – Page 167 of 419 EXHIBIT A Earl Glen Subdivision - TEC H-2018-0094 Page 2 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 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. Per UDC 11-5B-6, a conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the city. During this time, the applicant shall co mmence the use as permitted in accord with the conditions of 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 of up to two years. With all extensions, the City Council may require the conditional use and/or 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: September 14, 2018 C. Radius notices mailed to properties within 300 feet on: September 7, 2018 D. Applicant posted notice on site by: September 21, 2018 E. Posted to Next Door: September 11, 2018 VII. HISTORY OF PREVIOUS ACTIONS:  In 2015, this property received rezoning (RZ-15-009) and preliminary plat (PP-15-011) approval from City Council. A conditional use permit (CUP-15-015) was approved to permit a multi-family development in R-15. A modification to the development agreement was approved (MDA-15-006) and recorded as Instrument No. 2016-021940.  A one-year time extension (A-2017-0132) on the preliminary plat and conditional use permit was approved by the Director on July 17, 2017. This approval extended the time period in which the applicant had to obtain the City Engineer’s signature on a final plat until September 2, 2018. VIII. STAFF ANALYSIS This is the second time extension requested for the subject preliminary plat and conditional use permit. Approval of the subject time extension will allow the applicant to submit a final plat application. The subject time extension will also allow the applicant to commence the multi -family use as permitted with the conditional use permit, subject to CZC and DES approval. If the subject time extension is not granted, the preliminary plat application and conditional use application for this property would expire and new preliminary plat and conditional use permit applications would need to be submitted for City approval. The recorded development agreement still allows the development of the property as approved in Exhibit A. Per UDC 11-6B-7C, with all extensions, the City Council may require compliance with current provisions of the UDC. The City has adopted the Architectural Standards Manual, after the approval of this project, which contains design standards that are applicable to the multi-family development, and updated the structure and site design standards listed in UDC 11-3A-19. Additionally, the applicant shall be required to comply with the most current Supplemental Specification and Drawings, and Design Standards of the City of Meridian. As conditions of the subject time extension, Meridian City Council Meeting Agenda October 16, 2018 – Page 168 of 419 EXHIBIT A Earl Glen Subdivision - TEC H-2018-0094 Page 3 staff recommends future development of the subject property comply with the aforementioned requirements. Staff recommends approval of the applicant’s request with the aforementioned condition of approval. All previous conditions of approval are also still applicable to development of this subdivision. IX. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Preliminary Plat (dated: 5/19/2015) 3. Approved Conditional Use Permit Site Plan (dated: 5/19/2015) B. Conditions of Approval Meridian City Council Meeting Agenda October 16, 2018 – Page 169 of 419 EXHIBIT A Earl Glen Subdivision - TEC H-2018-0094 Page 4 Exhibit A.1: Vicinity/Zoning Map Meridian City Council Meeting Agenda October 16, 2018 – Page 170 of 419 EXHIBIT A Earl Glen Subdivision - TEC H-2018-0094 Page 5 Exhibit A.2: Approved Preliminary Plat (dated: 5/19/2015) Meridian City Council Meeting Agenda October 16, 2018 – Page 171 of 419 EXHIBIT A Earl Glen Subdivision - TEC H-2018-0094 Page 6 Exhibit A.2: Approved CUP Site Plan (dated: 5/19/2015) Meridian City Council Meeting Agenda October 16, 2018 – Page 172 of 419 EXHIBIT A Earl Glen Subdivision - TEC H-2018-0094 Page 7 B. Conditions of Approval 1. The applicant is to meet all terms of the approved annexation (RZ-15-009), development agreement (MDA 2016-021940) and preliminary plat (PP-15-011) for this development. 2. The applicant is to meet all terms of the approved conditional use permit (CUP-15-015) for this development. 3. Future development of the subject property shall comply with the design standards in effect at the time of development. 4. The applicant shall have until to September 20, 2020, to commence construction of the multi- family development and obtain City Engineer’s signature on a final plat OR submit another time extension in accord with UDC 11-6B-7. Meridian City Council Meeting Agenda October 16, 2018 – Page 173 of 419