Z - Signed Order BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: JANUARY 4, 2022
ORDER APPROVAL DATE: JANUARY 18, 2022
IN THE MATTER OF THE )
REQUEST FOR A TWO (2)YEAR )
TIME EXTENSION ON THE ) CASE NO. TECC-2021-0001
PRELIMINARY PLAT FOR )
BILTMORE ESTATES ) ORDER OF CONDITIONAL
SUBDIVISION IN ORDER TO ) APPROVAL OF TIME EXTENSION
OBTAIN THE CITY ENGINEER'S )
SIGNATURE ON THE FINAL )
PLAT,LOCATED IN THE NORTH )
% OF SECTION 25, T.3N.,R.IW, )
MERIDIAN, IDAHO )
BY: ENGINEERING SOLUTIONS )
APPLICANT
This matter coming on regularly before the City Council on January 4, 2022,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 Biltmore
Estates Subdivision, which preliminary plat(PP-14-0004) was originally approved on May 20,
2014, as provided in Unified Development Code § 11-6B-7C, and good cause shown. An
administrative time extension (A-2019-0366) for two (2) years was previously approved for this
subdivision by the Planning Director on January 24, 2020 and would have otherwise expired on
December 18, 2021.
IT IS HEREBY ORDERED THAT:
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR BILTMORE ESTATES TECC-2021-0001
Page 1 of 2
The above-named Applicant is granted an additional two (2) year extended period of
time, until December 18, 2023, within which to obtain the City Engineer's signature on
the next final plat, subject to the conditions of approval as shown in the attached Staff
Report for the hearing date of January 4, 2022 incorporated by reference as Exhibit A.
Attached: Staff Report for the hearing date of January 4, 2022 (Exhibit A)
By the action of the City Council at its regular meeting on the 18th day of
January , 2022
DATED this 18th day of January , 2022
Mayor ROBERT SIMISON
Attest:
Chris Johnson, City Clerk
Copy served upon the Applicant,Planning Division,Public Works Department,and City Attorney.
BY: Dated: 1-18-2022
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR BILTMORE ESTATES TECC-202 1-0001
Page 2 of 2
Item#10.
EXHIBIT A
STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0
HEARING 1/4/2022 Legend
DATE: ff
0
I�Project Lflcfliar
TO: Mayor&City Council R1 -
FROM: Sonya Allen,Associate Planner
T .15 E
208-884-5533 R1 RU
SUBJECT: TECC-202 1-0001 R-
Biltmore Estates R- UT
RUTS
LOCATION: Generally located 1/4 mile south of W. R- R- S
Victory Rd. and 1/2 mile west of S. R.g
Meridian Rd. in the north 1/2 of Section
25,T.3N. R.1 W. fi
R1
R-4 I-L
R- ,_�R-4-
I. PROJECT DESCRIPTION
Request for a two-year time extension on the preliminary plat in order to obtain the City Engineer's
signature on the next final plat phase of development.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 22.67
Existing/Proposed Zoning R-4
Future Land Use Designation Low Density Residential(LDR)
Existing Land Use(s) Agricultural
Proposed Land Use(s) Single-family residential detached homes
Neighborhood meeting date;#of 11/15/2021
attendees:
History(previous approvals) AZ-13-014(Ord. 14-1594)Victory South;PP-14-0004
(Biltmore Estates—Development Agreement Inst.
#114052420);A-2019-0366(TED,expires 12/18/21)
III. APPLICANT INFORMATION
A. Applicant:
Engineering Solutions— 1029 N. Rosario St., Ste. 100,Meridian,ID 83642
B. Owner:
Lee Centers,Biltmore Estates, LLC—PO Box 518,Meridian, ID 83680
Page 1
Page 169
Item#10.
C. Representative:
Shari Stiles, Engineering Solutions— 1029 N. Rosario St., Ste. 100,Meridian, ID 83642
IV. NOTICING
City Council
Posting Date
Notification published in
12/14/2021
newspaper
Notification mailed to property
owners within 300 feet 12/17/2021
Applicant posted public hearing
notice on site 12/19/2021
Nextdoor posting 12/17/2021
V. UNIFIED DEVELOPMENT CODE ANALYSIS UD
Per UDC 11-6B-7C, "Upon written request and filing by the applicant prior to the termination of the
period in accord with subsections A and B of this section, the director may authorize a single
extension of time to obtain the city engineer's signature on the final plat not to exceed two (2)years.
Additional time extensions up to two (2)years as determined and approved by the City Council may
be 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."
VI. STAFF ANALYSIS
The Applicant requests approval of a 2-year time extension on the preliminary plat in order to obtain
the City Engineer's signature on the final plat for the fourth phase of development. The existing
approval expires on December 18,2021; the subject time extension was requested prior to the
expiration date as required. Two phases are yet to develop consisting of a total of 70 building lots on
22.74 acres of land.
The preliminary plat(PP-14-004)for this project consists of 159 building lots on 56.19 acres of land
in the R-4 zoning district and was approved by City Council on May 20,2014. Final plats for Phases
1-3 obtained the City Engineer's signature within the required time frame; the final plat for Phase 3
was signed by the City Engineer on 12/18/2017,requiring the final plat for Phase 4 to be signed by
12/18/2019.A 2-year time extension(A-2019-0366)was approved by the Director to extend the
period of time to 12/18/2021 in which the City Engineer is required to sign the next phase final plat.
The reason for the previous time extension request was due to market conditions for the lots in
Biltmore Estates subdivision having slowed,which required the Developer to shift his attention to
more marketable, affordable lots in phases of other developments.No new conditions were placed on
the application with the time extension.
The Applicant states the construction drawings and the final plat for the fourth phase of development
have been completed and the final plat application is anticipated to be submitted after the first of the
year. Due to continued labor and material shortages, construction on this phase has been delayed.
Since the preliminary plat and previous time extension were approved, an amendment to the common
open space and site amenity standards listed in UDC I1-3G was approved. The provisions for
common open space increased from 10%to 12%and require compliance with the quality standards in
UDC 11-3G-3A.2 and the qualifications in UDC 11-3G-3B. The provisions for site amenities
Page 2
Page 170
Item#10.
changed from three(3)required amenities to a point system based on the area of the development per
the point values listed in UDC Table 11-3G-4.
A total of 10.2% (or 5.73 acres) of qualified open space is depicted on the preliminary plat consisting
of a 1.5-acre park, 0.20-acre pocket park,drainage areas, common open space containing a multi-use
pathway and street buffers along collector streets(i.e.W. Harris St. & S. Kentucky Way). Common
open space lots totaling 3.13-acres along with 0.76-acre of parkways along internal local streets
(excluding curb cuts for driveways)was provided in earlier phases totaling 3.73-acres of qualified
open space. Earlier phases (i.e. 1-3)totaled 33.45-acres of land which required a minimum of 3.35-
acres of qualified open space; the provided open space in earlier phases is 0.38-acre over the required
10%. Under the current standard(i.e. 12%), a minimum of 2.73-acres is required for the
remaining 22.74-acres,which after calculating the"credit"of 0.38-acre from earlier phases is
2.35-acres of qualified open space that should be provided in the remaining phases as a
condition of approval of the subject time extension to comply with current code requirements.
In order to comply with the current open space standards in the remaining phases,the
Applicant proposes to provide 8-foot wide landscaped parkways along all internal local streets
and is reducing the number of buildable lots by one to increase the common area.A total of
6.26-acres of qualified open space is proposed overall,which exceeds previous and current open
space standards by 0.18-acre.
A total of three (3) site amenities were proposed with the preliminary plat consisting of a tot lot with
children's play equipment,a half basketball court and a segment of the City's regional pathway and
internal linear open space pathways—the tot lot and sports court has been completed,the pathway is
located in future Phase 5 and is yet to be completed. The remaining area of the development to be
platted is 22.74-acres,which requires minimum amenities with a point value of five(5). The
pedestrian amenity consisting of a multi-use pathway segment and internal linear open space
pathways(1,025'+/-long) may count as one(1)point; additional amenities totaling at least four
(4)points should be provided as a condition of the subject time extension. The Applicant states
they will provide a pickleball court as an additional amenity which qualifies as 4 points and
meets the additional amenity requirement.
The remaining phases(i.e.Phases 4 and 5) should also comply with the most recently adopted
Public Works standards and specifications as a condition of the subject time extension.
Approval of the subject time extension will allow the Applicant to obtain the City Engineer's
signature on a final plat for the fourth phase of development and proceed with development of the
property. If City Council does not approve the requested time extension,the preliminary plat will
expire and a new preliminary plat application will be required for the remaining area that has not yet
been subdivided.
VII. DECISION
A. Staff:
Staff recommends approval of the proposed time extension for a time period of 2 years as
requested to expire on December 18, 2023.
Page 3
Page 171
Item#10.
VIII. EXHIBITS
A. Preliminary Plat(date: 1/21/2014)
T -T -- T -
t T —T
fit)
E o
o s
-4,T ___ _-_ w s
2
iT LEGEND
B \ � B•S
s ,
-. w• --_
x
e "
curevE raeLE y�� Cis
W rga
a ps
ab — _
n a L
flu.
��AAnm �
— — NOTES PRELIMINARY PLAT DATA
TYPICAL RESIDENTIAL STREET SECTION(5Oe R.O.W.) AR
TYPICAL COLLECTOR .,I, SECTION(50 Row.) PRE
Page 4
Page 172
Item#10.
IX. CONDITIONS OF APPROVAL
1. Provide an additional 2.35-acres of common open space that complies with the quality standards
listed in UDC 11-3G-3A.2,the qualifications listed in UDC 11-3G-3B and the general standards
listed in UDC 11-3G-5 in the remaining phases of development(i.e. Phases 4 and 5).
2. Provide additional site amenities totaling at least four(4)points in the remaining phases of
development(i.e. Phases 4 and 5)that comply with the qualifications listed in UDC 11-3G-4 and
the general standards listed in UDC 11-3G-5.Note:Amenities totalingfive (5)points are
required; the previously proposed pedestrian facilities are allowed to count as one (1)point.If
the Applicant provides a pickleball court as proposed, it will qualify as 4 points and meet the
additional requirement.
3. The remaining phases(i.e.Phases 4 and 5) shall comply with the most recently adopted Public
Works standards and specifications.
4. Comply with all previous conditions of approval for this development [AZ-13-014 (Ord. #14-
1594); PP-14-004 (Development Agreement Inst. #114052420)].
Page 5
Page 173