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Trilogy Subdivision TE-10-016BEFORE THE MERIDIAN CITY COUNCIL C/C July 6, 2010 IN THE MATTER OF THE REQUEST FOR AN 18 MONTH TIME EXTENSION TO OBTAIN THE CITY ENGINEER'S SIGNATURE ON A FINAL PLAT FOR TRILOGY SUBDIVISION, LOCATED IN THE NW '/ OF SECTION 27, T.4N., R.1W , MERIDIAN, IDAHO BY: Conger Management Group APPLICANT CASE NO. TE-10-016 ORDER GRANTING AN ADDITIONAL EIGHTEEN MONTH TIME EXTENSION FOR TRILOGY SUBDIVISION This matter coming on regularly before the City Council on June 22, and July 6, 2010, upon the Applicant's submittal of a time extension application for an additional eighteen month extension within which to obtain the City Engineer's signature on the Trilogy Subdivision Final Plat, which was originally approved on November 8, 2006, as provided in § 11-6B-7C, and good cause shown. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The above named Applicant is granted an additional eighteen month extended period of time, until November 21, 2011, of this Order within which to obtain the City Engineer's signature on a Final Plat subject to the conditions of approval as shown in the attached Staff Report for the hearing date of July 6, 2010 incorporated by reference. Attached: Staff Report for the hearing date of July 6, 2010 ORDER GRANTING AN ADDITIONAL EIGHTEEN (18) MONTH TIME EXTENSION FOR TRILOGY SUBDIVISION (TE-10-016) Page 1 of 2 By the action of the City Council at its regular meeting on the 2010. DATED this day of Attest: `\~..~y p~ AolL~j®~~~,,~~. - a~+ ,AL y City Clerk ~~,, ~~ a ce olman, ~.`~ p Q\ ,. Copy served upon Applicant, Pl~ai~~'ner~, public Works, and the City Attorney. ~~~~Illl-111 9111\\\\ BY: Dated: ~ ~ / ORDER GRANTING AN ADDITIONAL EIGHTEEN (18) MONTH TIME EXTENSION FOR TRILOGY SUBDIVISION (TE-10-016) a"~ ~ day of 2010. ~~ Mayo • mmy de Weerd Page 2 of 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT HEARING DATE: July 6, 2010 Continued from June 22, 2010 E IDIAN~-- IDANO TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner SUBJECT: TE-10-016 -Trilogy Subdivision Preliminary Plat Time Extension I. APPLICATION SUMIVIARY The applicant, Conger Management Group, requests approval of an 18-month time extension to obtain the City Engineer's signature on the final plat for the first phase of Trilogy Subdivision. The subject plat consists of 145 building lots and 17 common lots on 29.31 acres of land in the R-8 zoning district. One 18 month time extension was previously approved by the Duector which expired on May 21, 2010. Due to continuing market conditions, the applicant has been unable to meet the time requirements for obtaining the City Engineer's signature on the final plat specified in Unified Development Code (UDC) 11-6B-7. For this reason, the developer requests an additional 18 month time extension. II. STAFF RECOMMENDATION Staff recommends approval of an 18-month time extension to obtain the City Engineer's signature on the final plat for the first phase of Trilogy Subdivision as requested by the applicant, to expire November 21, 2011, 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 TE-10- O l 6, as presented in the staff report for the hearing date of July 6, 2010. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TE-10-016, as presented during the hearing on July 6, 2010 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 TE-10- 016 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 located off the southeast corner of N. Black Cat Road and Chinden Boulevard, in the NW '/< of Section 27, Township 4 North, Range 1 West. B. Owner: Corey Barton, Viper Investments, LLC 1977 Overland Road Meridian, ID 83642 Trilogy Subdivision PP TE.doc Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT C. Applicant: Conger Management Group 1627 S. prchard Street, Ste. 24 Boise, ID 83705 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. UNIFIED DEVELOPMENT CODE Per UDC 11-6B-7A, approval of a preliminary plat shall become null and void if the applicant fails to obtain the City Engineer's signature on the fmal plat within two years of the approval of the preliminary plat. Per UDC 11-6B-7C, 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 up to 18 months. With all extensions, the 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: May 31, and June 14, 2010 C. Radius notices mailed to properties within 300 feet on: May 24, 2010 D. Applicant posted notice on site by: June 27, 2010 VII. HISTORY OF PREVIOUS ACTIONS: • This property received annexation and zoning (AZ-06-032) approval from City Council on November 8, 2006 with R-8 zoning and a development agreement (Instrument #107025553). A preliminary plat (PP-06-032) was also approved for 145 single-family residential building lots, 12 common lots, 4 private street lots, and 1 future right-of--way lot on 29.31 acres of land. • An 18-month time extension (TE-08-023) to obtain the City Engineer's signature on the final plat for the first phase of development was approved by the Director on October 17, 2008 and expired on May 21, 2010. VIII. STAFF ANALYSIS This is the first time extension requested for approval by City Council. An 18-month time extension was previously granted by the Director but has now expired. The Applicant has met the necessary deadline by filing a written request for a time extension before the preliminary plat expired. As conditions of approval of the previous time extension, the developer was required to submit a development agreement modification application to include sample building elevations for this project prior to Council approval of the final plat. The developer was also required to modify the preliminary plat to comply with the current open space requirements found in UDC 11-3G-3A1, or submit documentation that the current plat requires with the minimum standards, prior to Council approval of the fmal plat. These conditions of the previous time extension are still applicable, but have been modified to include design objectives for future residences. V. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Approved Preliminary Plat (dated: 9/20/06) Trilogy Subdivision PP TE.doc Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT B. Conditions of Approval Trilogy Subdivision PP TE.doc Page 3 C'[CY OP ~i~IZiDiAN Pl._ANN1~3G l~fl'AItT'~~1[::N'i' ST:1FF EtEPQR"I' [~.xhibit A.1 - Vicinityl7.oning Map r....__, ..... _ _~ I }z a % ~~ _ _ ~- $ a _, ~ ~ .~.: ~ i ~ ~ .. ~..- E i - ~ :...... _r~ ,~ ~ ~.,. ~^ aux i,a ~ e ~e. - F ui ,4 ~_ ~ ~~zo t~ ~2#IT, ~ - ;, u4 . t 'I `i . ti ~ ~ i~ is . a Z _.. ,.._. a w ~~ 9 r ' ~ ~~ fi ~ ~. ' ~ ~ ~ a _; Qom i ~Y ~. :, ' r ,. . ~ 12 g,.o <_.. m_, K-~ :i:e .. -+~ X ..max ~ ;~ r~3 .._ .. i ... .,._~ ~ i _.. _. ~5~ ._.. 12 Lt ~ ~ Z w' -~ i~ ~ ~. wft001 CRf .a'; ~ 3' 1 `' Ste` S Wt:F 11 Ali f.PO~F ~ 3, ~'~. wnnur rrEFlcsc i "1`rilogy Subdi~~ision .PY '1°ls.doc Pale 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit A.2 -Approved Preliminary Plat (dated: 9/20/06) Trilogy Subdivision PP TE.doc Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit B -Conditions of Approval 1. The applicant is to meet all terms of the approved annexation (AZ-06-032), development agreements (instrument #10702SSS3), preliminary plat (PP-06-032), and time extension (TE-08- 023) for this development as modified below. The applicant shall, before submittal of the first final plat application, submit a development agreement modification application to modify the development agreement (DA) (instrument # 10702SSS3) to include sample elevations consistent with the architectural guidelines of Section E. of the Meridian Design Manual.Further, the design of residences facing roadways and the subdivision perimeter shall incorporate two or more of the following features to articulate facades: ^ awnings ^ balconies ^ entries and porches ^ decorative or ornamental detailing ^ exposed trusses, roof brackets, window trim, arches and cornices ^ a mix of material patterns such as board and batten, horizontal and vertical lap siding, shake or shingle and changes in colors. The DA amendment shall be recorded prior to the City Council approval of the final plat. 2. The applicant shall modify the preliminary plat to comply with the current open space requirements found in UDC 11-3G-3A1 which states "the total land area of all common open space shall equal or exceed ten percent (10%) of the gross land azea of the development." Current preliminary plat shows about 7.71% open space. Applicant suggests the open space was miscalculated in the preliminary plat and is actually 14% (see email from Nancy Cyr dated October 16, 2008). The Applicant shall meet the 10% open space requirements prior to the City Council approval of the final plat. Trilogy Subdivision PP TE.doc Page 6