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Staff ReportSTAFF REPORT r T~T~~. T~ Hearing Date: November 3, 2010 j~ j 1 D1A H10~ TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: TE-10-027 -Harcourt Subdivision 1. APPLICATION SUMMARY The Applicant, Great Sky, Inc. has requested approval of a time extension to obtain the City Engineer's signature on a final plat for Harcourt Subdivision. The Applicant has been unable to meet the time requirements specified in Unified Development Code (UDC) 11-6B-7. The Applicant states the reason for the delay is due to the current economic situation and large number of lots available in Meridian. 2. STAFF RECOMMENDATION Staff recommends approval of a 24 month time extension to obtain the City Engineer's signature on a final plat for Harcourt Subdivision to expire on September 27, 2012. 3. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number TE-10- 027, as presented in the staff report for the hearing date on November 3, 2010. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TE-10-027, as presented during the hearing on November 3, 2010, for the following reasons: (You should state specific reasons for denial.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number TE-10- 027 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is at 3465 & 3595 E. Victory Rd. and 3432 & 3467 E. Falcon Dr. in the NW of Section 28, Township 3 North, Range 1 East. B. Owner/Applicant: Great Sky, Inc. P.O. Box 1979 San Mateo, CA 94401 Harcourt Subdivision TE - 1 - C. Representative: JUB Engineers, Inc. 250 S. Beechwood Avenue Boise, ID 83709 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. 5. PROCESS FACTS A. The subject application is a request fora 24 month time extension. Per Meridian City Code, a public hearing is required before the City Council on this matter. B. Newspaper notifications published on: October 11, and 25, 2010 C. Radius notices mailed to properties within 300 feet on: October 7, 2010 D. Applicant posted notice on site by: October 22, 2010 6. LAND USE A. Existing Land Use(s): Three (3) existing homes and vacant land. B. Character of Surrounding Area and Adjacent Land Use and Zoning: A majority of the surrounding property is surrounded by city and county residences zoned R-4 and RUT in Ada County. The property to the west of this plat (SWC of Victory and Eagle) has been approved for commercial development but is not officially annexed into the City because the DA has not been signed. C. History of Previous Actions: • The annexation (AZ-06-046) and preliminary plat (PP-06-048) for Harcourt Subdivision were approved by the Meridian City Council on March 27, 2007. The approved preliminary plat consists of 60 single-family building lots and 6 common lots on 23.05 acres in an R-4 zoning district. • In 2009, the Director granted an 18-month time extension to obtain city engineer's signature. A final plat has yet to be submitted. As part of that approval the applicant was required to comply with the 10 percent open space requirement outlined in UDC 11-3G-3C. 7. 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 two (2) years. Additional time extensions up to two (2) years 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. 8. STAFF ANALYSIS An 18 month time extension was previously granted by the Director on March 17, 2009 but has now expired. Therefore, the applicant is requesting approval of another time extension by the City Council. The Applicant has met the necessary deadline by filing a written request for a time extension before the preliminary plat expired. Harcourt Subdivision TE - 2 - The applicant has indicated in his narrative that preliminary plat has been modified since the initial plat approval in 2006 (see Exhibit A.2). The southern five acres of the site has been sold and are no longer part of the subject plat. The exclusion of this property has decreased the number of buildable lots and reduced the plat boundary. As mentioned earlier, the previous plat consisted of 60 buildable lots and 6 common lots on 23.5 acres. The revised plat consists of 48 buildable lots and 7 common lots on 16.96 acres (see Exhibit A.4). Further, the previous time extension required the plat to comply with the 10 percent open space requirement in accord with UDC 11-3G-3. A new exhibit was provided to be used during the review of a final plat (attached as Exhibit A.5). An additional common lot (Lot 4, Block 5) was incorporated into the plat design to accommodate more open space required by the previous time extension. The revised plat is still consistent with the previous plat approval and extension approval. A development agreement was not required with the annexation of this property and elevations were not reviewed with the plat. Staff is not requiring sample elevations to be provided. Instead, Staff is recommending a new condition of approval that future designs of the single family homes comply with the guidelines listed in Section E. Residential Design Guidelines referenced in the Meridian Design Manual. Said design requirements shall be incorporated into the recorded CC&R's established for the subdivision. A copy of the CC&R's shall be submitted to the Planning Department for review prior to the City Engineer's signature on the plat. In addition, the applicant is required to comply with all previous conditions of approval for this site. 9. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Preliminary Plat 3. Approved Landscape Plan 4. Revised Preliminary Plat 5. Open Space Exhibit approved with TE-09-008 B. Conditions of Approval Harcourt Subdivision TE - 3 - A. Drawings 1. Vicinity Map __ ~.~ Exhibit A 2. Approved Preliminary Plat M1pIMW n^ 0 11~YVYi'MD CHI ~ C 9'L13 ~~ + ww ~a r . , ; +~r!uoweswa ~ ~'` .~_ IitliSUl1~f161#!I'1~YJLiMFI }} ~r`pwB ~~ r tF ~ ~» ~ 1M"Td 1ltIMNN'Yll~kld ~ "" `. r- ,.~ ~ ! } t ~ 9 I , _ .. ~' ~,~ ... ~~.'4 F W ~ ~ Q {~ . W .C ~ ~_ & ~ ~ ~. gm4~ aa~~ ~~~ F~-~ ~ ~ _ :- ~~~~ tC~LL W o.~~ - ~JF ($, LP i/~ W~' "~ ~ _~. ~c e F~s *4T • ~ Y +~0 (! s b E t s ~-F's ~~'z~7~~~tt~i~~T€iB. 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Z ,~ 0°N Now F ~~_ QQo ~a~a Q ~~ J~o z md'~o a ~nZ~Q } ~• 4MQ L N Q. r .=~Q CJ ~ ~ W W 0 ~ ~ N In a~~ w~ Q~w Q N I I lD~h..Y... _... ~~i ~ as ~3 ~~ ~ ~ $i gi s3 ~~5 ~ ~~~~~~~~~a~s 5~ x ~ ~~31a ~~~~~ ~~~k~~~aa~~€~~~~ ~~a~~~3~~~~i ~~~~i~~~~~~~~~~~~~~~~ ~~~~s~~~~s~~ II ~_ s~ ,~;i i~<~oo.~~o Leo 'I I 11 l s~6 1' _,~ - } i _ ... i ~i9' ~$'~ ~- ~~ ~ §. Q,I~$~ ~ d! f ~ ~!# ~ ~~~ b i ^ 6~ ~ i 6 s a a -~~~ ~~~ ~ t 'y ~'' ~''~~ 5= ~$ x~ $~ ~ ~ ~~ ~~~ ~~l i~ ~e ~ ~ ~~~ b~ ~~ ~ ~'~~ ~~i ~~= ~~ g 1 ,1=: ~l l~ (E~ ¢~y tl pF x ~~ ~b F~ 'b bd~i ~g~i ~~ ~~ R 6 s~~m ~i C~ Crc ~~ ~~ °o ~~ c ~ ~ W~. 4 m ~~ ~~ $-»E-_ y& ~ ~" ¢$ ~~~ Z ~ JJ e ~~~ ~< Y8 ~ ~ ~ ~ ~~_ ~ < ,~ %3 ~~ '~~$ Y a ~ ~ ~~ ~~ ~~~ ~ Exhibit A - 4 - 5. Open Space Exhibit approved with TE-09-008 s t t ~' ' L~. _~ i~----+ - -.~ ' ' f i ~- - -I ~i r i~ a r i i , :~-~---~ I 1 1 ~~ Exhibit A - 5 - B. Conditions of Approval SITE SPECIFIC CONDITIONS 1. The applicant is to meet all terms of the approved annexation (AZ-06-046), preliminary plat (PP- 06-048) and previous time extension (TE-09-008) for this development. 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 area of the development." The applicant shall provide 10% open space in order to obtain City Council approval of the final plat. 3. Future home designs shall comply with the architectural guidelines listed in Section E. Residential Design Guidelines referenced in the Meridian Design Manual. Said design requirements shall be incorporated into the recorded CC&R's established for the subdivision. A copy of the CC&R's shall be submitted to the Planning Department for review prior to the City Engineer's signature on a final plat. 4. Before signature on the final plat the applicant shall be required to pay their proportionate share of the currently planned utility improvements located in W Victory Road. These improvements are planned to be installed in conjunction with the ACHD project in W Victory Road. Contact Meridian Public Works for more information 898-5500. The applicant shall have 24 months, until September 27, 2012, to obtain the city engineer's signature on a final plat, satisfy the applicable requirements set forth in the conditions of approval, and begin the process of acquiring building permits and commencing construction of permanent footings or structures. Exhibit A - 6 -