Earl Glen Subdivision TECC-2020-0003 Order Item#7.
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: 1/19/2021
ORDER APPROVAL DATE: 2/9/2021
IN THE MATTER OF THE )
REQUEST FOR A ONE (1)YEAR )
TIME EXTENSION ON THE ) CASE NO. TECC-2020-0003
PRELIMINARY PLAT AND )
CONDITIONAL USE PERMIT FOR ) ORDER OF CONDITIONAL
EARL GLEN SUBDIVISION IN ) APPROVAL OF TIME EXTENSION
ORDER TO OBTAIN THE CITY )
ENGINEER'S SIGNATURE ON )
THE FINAL PLAT,LOCATED IN )
SECTION 29, TAN., R.1E, )
MERIDIAN, IDAHO )
BY: RILEY PLANNING SERVICES )
APPLICANT
This matter coming on regularly before the City Council on January 19, 2021, upon the
Applicant's submittal of a preliminary plat and conditional use permit time extension application
for a one-year time extension within which to obtain the City Engineer's signature on a final plat
for Earl Glen Subdivision, which preliminary plat was originally approved on August 18, 2015,
as provided in Unified Development Code § 11-6B-7C, and good cause shown. An
administrative time extension(A-2017-0132) for one-year was previously approved for this
subdivision by the Planning Director on July 17, 2017 and would have otherwise expired on
September 2, 2018. An additional time extension(H-2018-0094) for two-years was approved for
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR EARL GLEN SUBDIVISION(TECC-2020-0003)
Page 1 of 2 Page 130
Item#7.
this subdivision by the City Council on September 27, 2018 and would have otherwise expired
on October 16, 2020.
IT IS HEREBY ORDERED THAT:
The above named Applicant is granted an additional one-year extended period of time,
until October 16, 2021, within which to obtain the City Engineer's signature on the final
plat, subject to the conditions of approval as shown in the attached Staff Report for the
hearing date of January 19, 2021 incorporated by reference as Exhibit A.
Attached: Staff Report for the hearing date of January 19, 2021.
By the action of the City Council at its regular meeting on the 9th day of
February , 2021.
DATED this 9th day of February , 2021
Mayor ROBERT E. SIMISON
Attest:
Chris Johnson, City Clerk
Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney.
BY: Dated: 2-9-2021
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR EARL GLEN SUBDIVISION(TECC-2020-0003) Page 131
Page 2 of 2
Item#7.
Exhibit A
STAFF REPORT E COMMUNITY
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COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 1/19/2021 Legend _ R-2 RUT 0
DATE: TMI
Project Location �
TO: Mayor&City Council �
FROM: Joseph Dodson,Associate City Planner R='8 R-8
208-884-5533
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SUBJECT: TECC-2020-0003 0�
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LOCATION: The site is located at 1780 E. McMillan ®� R-8 R
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I. PROJECT DESCRIPTION
The Applicant, Riley Planning Services, Request a 2-year time extension on the preliminary
plat in order to obtain the City Engineer's signature on a final plat AND extend the time to
commence the multi-family use as permitted with the conditional use permit
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 4.65 acres
Existing/Proposed Zoning R-8 &R-15
Future Land Use Designation Medium Density Residential
Existing Land Use(s) Vacant
Proposed Land Use(s) Single Family Residential&Multi-Family Residential
Lots(#and type;bldg./common) 20 building lots;3 common lots
Neighborhood meeting date;#of November 14,2020(Zoom)—No attendees;received one
attendees: phone call and Applicant sent plat as requested.
History(previous approvals) RZ-15-009,PP-15-011, CUP-15-015,MDA-15-006
(DA Inst. #2016-021940);A-2017-0132 (TEC);H-
2018-0094 (TECC).
Page 1
Page 132
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Item#7.
granted. With all extensions, the director or city council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of this title."
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. In 2018,a second time extension was approved by the City
Council on September 27,2018. With the previous extension the Applicant had until October 16,
2020 to record the final plat or apply for an additional time extension as outlined in the code section
above. The Applicant met the timeline by applying for the applications prior to the expiration.
The previous time extension approved by City Council required additional conditions of approval due
to code changes at the time. Staff does not find it necessary to require any other conditions at this
time but will require that all previous conditions of approval are included. However,this would make
the third overall time extension for this project and subsequent plat and Staff recommends City
Council determine whether any additional conditions of approval are needed or if an additional time
extension is appropriate.
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.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed time extension of the Preliminary Plat and
Conditional Use Permit for a time period of two (2)years, as requested,to expire on October 16,
2022 if the City Engineer's signature is not obtained on the Final Plat prior to this date.
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 October 16,20212,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.
C. The Meridian City Council heard these items on January 19,2021. At the public hearine.the
Council moved to approve the subject Time Extension request.
1. Summary of the City Council public hearing:
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Page 134
Item#7.
a. In favor: Penelope Constantikes,Applicant Representative
b. In opposition:None
c. Commenting: Penelope Constantikes
d. Written testimony: None
e. Staff presenting application: Joseph Dodson,Associate Planner
f. Other Staff commenting on application: Bill Nary,City Attorney
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. The reasons for the continued delays in developing this site as approved through the
preliminary plat and conditional use permit:
b. What kind of precedent is there to continue affording time extensions for subdivisions
that do not have a clear development timeline laid out:
4. City Council change(s)to Staff recommendation:
a. Council approved the time extension for a period of one-year instead of the requested
two-year time period.
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Page 135
Item#7.
VII. EXHIBITS
A. Approved Preliminary Plat(date: 5/19/2015)
PRELIMINARY PLAT OF
EARL GLEN SUBDIVISION
LOCATED 1N A PORTION OF THE SW V4 OF THE SW 1140E
SECTION 29,TAN,R.1 E,BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO
MAY 19,2015
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B. Approved CUP Plan(dated: 5/19/2015)
CONDITIONAL USE PERMIT SITE PLAN FOR MULTI-FAMILY LOTS IN
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EARL GLEN SUBDIVISION I=
LOCATED IN A PORTION OF THE SW V4 OF THE SW IJ4 OF V�
SECTION 29,TAN,R.1 E,BOISE MERIDIAN,
CITY OF MERIDIAN,ADA COUNTY,IDAHO
MAY 19,2015
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