Staff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
HEARING DATE: October 5, 2010 E IDIAN~--'010
TO: Mayor & City Council I D A H O
FROM: Sonya Watters, Associate City Planner
SUBJECT: TE-10-023 -Zebulon Heights Subdivision No. 2 Preliminary Plat Time Extension
I. APPLICATION SUMMARY
The applicant, The Traditions by Amyx II, LLP, requests approval of a third 18-month time extension
to obtain the City Engineer's signature on the second phase final plat of the Zebulon Heights
Subdivision No. 2 preliminary plat.
The subject preliminary plat consists of 175 single-family residential building lots and 20
common other lots on 72.85 acres of land.
The Applicant has been unable to meet the time requirements specified in Unified Development Code
(UDC) 11-6B-7. The Applicant states the construction drawings and final plat for the next phase have
been completed and the construction plans have been approved by all governing agencies. The project
is under construction and expected to be paved on or before November 15, 2010. The developer
intends to record the final plat for Zebulon Heights Subdivision No. 3 in 2010.
II. STAFF RECOMMENDATION
Staff recommends approval of an 18-month time extension to obtain the City Engineer's signature on
the second phase final plat (Zebulon Heights Subdivision No. 3) for Zebulon Heights Subdivision No.
2 as requested by the applicant, to expire on March 27, 2012.
III. PROPOSED MOTION
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number TE-10-
023, as presented in the staff report for the hearing date of October 5, 2010.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number TE-10-023,
as presented during the hearing on October 5, 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-
023 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 on the south side of E. McMillan Road, west of N. Eagle Road, in
the northeast'/a of Section 32, Township 4 North, Range 1 East.
B. Owner:
The Traditions by Amyx II, LLP
13967 W. Wainwright Drive, Ste. 102
Boise, ID 83713
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
C. Applicant:
Same as owner
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 final 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 Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed 18 months. Additional time extensions up to 18
months as determined and approved by 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 FACT5
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 13, and 27, 2010
C. Radius notices mailed to properties within 300 feet on: September 10, 2010
D. Applicant posted notice on site by: September 25, 2010
VII. HISTORY OF PREVIOUS ACTIONS:
Zebulon Heights Subdivision No. 2 received annexation and zoning (AZ-OS-006), preliminary
plat (PP-OS-008), and conditional use permit/planned development (CUP-OS-019) approval by
Council on April 19, 2005 under the old city code (the UDC had not yet been adopted). The
CUP/PD was valid until October 19, 2006; the PP was valid until April 19, 2006. (Note: Zebulon
Heights Subdivision No. 1 lies within the Boise area of city impact; the first phase was annexed
and developed under Boise City standards. A preliminary plat was submitted to the City of
Meridian for that portion of the subject property lying within Meridian's area of city impact.)
An administrative time extension was approved for the CUP (TE-06-006) on May 2, 2006, which
granted an 18 month time extension to commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval, and
acquire building permits and commence construction of permanent footings or structures on or in
the ground. The TE was valid until April 19, 2008. The applicant satisfied the previously
mentioned requirements within the allowed time frame and the CUP/PD remains valid.
• An 18 month administrative time extension (TE-06-005) was approved by the Director on May 2,
2006 for the preliminary plat to record the final plat for the first phase of Zebulon Heights
Subdivision No. 2. The TE was valid until October 19, 2007.
A final plat (FP-06-053) (Zebulon Heights Subdivision No. 2) was approved by City Council on
January 9, 2007 for the first phase of Zebulon Heights Subdivision No. 2 consisting of 66 single-
family residential building lots and 8 common lots on 28.22 acres of land. The City Engineer
signed the plat on September 27, 2007, prior to the expiration date. The final plat for the next
phase and subsequent phases of development are required to be signed by the City Engineer
within intervals of 18 months in order for the preliminary plat to remain valid. The next final plat
would need to have been signed by the Ciry Engineer by March 27, 2009.
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• A second 18 month time extension (TE-09-012) was approved by City Council on Apri128, 2009
to obtain the City Engineer's signature on the final plat for the second phase of Zebulon Heights
Subdivision No. 2 to expire on September 27, 2010.
• A final plat (FP-10-005) (Zebulon Heights Subdivision No. 3) was approved by City Council on
July 27, 2010 for the second phase of Zebulon Heights Subdivision No. 2 consisting of 18 single-
family residential building lots, 4 common/other lots, and 1 ACRD storm drainage lot on 8.06
acres of land.
VIII. STAFF ANALYSIS
This is the third 18-month time extension requested for this development. The Applicant has met the
necessary deadline by filing a written request for a time extension before the preliminary plat expired.
A development agreement (DA) was approved with annexation of this property. The DA requires
future structures on the site to substantially comply with the elevations submitted by the applicant and
approved by Council with the CUP/PD (see Exhibit A.3).
The approved preliminary plat contains 8.37% (6.10 acres) qualified open space which does not meet
current UDC requirements. The UDC (11-3G-3) now requires a minimum of 10% open space for
developments over 5 acres in size. The applicant has submitted a revised conceptual plat (dated
8/26/10) showing 10.91% (7.95 acres) qualified open space which meets UDC requirements (see
Exhibit A.4). Staff recommends as a condition of approval of the subject time extension that the
applicant provide a minimum of 7.95 acres or 10.91% open space as shown in Exhibit A.4.
No further conditions of approval are recommended by Staff.
V. EXHIBITS
A. Drawings
1. Vicinity Map
2. Approved Preliminary Plat (dated: 11/23/04)
3. Approved Elevations
4. Approved & Proposed Open Space
B. Conditions of Approval
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Exhibit A.1 -Vicinity Map
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Exhibit A.2 -Approved Preliminary Plat (dated: 11/23/04)
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Exhibit A.3 -Approved Elevations
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Exhibit A.4 -Open Space
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Open Space Proposed with Time Extension
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Exhibit B -Conditions of Approval
1. The applicant shall comply with all previous conditions of approval for this development including
AZ-OS-006, Development Agreement (Instrument No. 106111627), CUP-OS-006; PP-OS-008; TE -06-
005; TE-06-006; FP-06-053; TE-09-012; and FP-10-005.
2. The applicant shall provide a minimum of 7.95 acres or 10.91% qualified open space as shown in
Exhibit A.4 in accord with the standards listed in UDC 11-3G-3.
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