Staff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
HEARING DATE: November 3, 2010 E IDIAN~--
TO: Mayor & City Council I D A H O
FROM: Sonya Watters, Associate City Planner
SUBJECT: TE-10-025 -Normandy Subdivision
I. APPLICATION SUMMARY
The applicant, James Patterson, requests approval of a second time extension on the preliminary plat
for Normandy Subdivision in order to obtain the City Engineer's signature on a final plat.
The subject preliminary plat consists of 109 single-family residential building lots and 7 common lots
on 27.05 acres of land.
The Applicant has been unable to meet the time requirements specified in Unified Development Code
(UDC) 11-6B-7 due to the downturn in the real estate market.
II. STAFF RECOMMENDATION
Staff recommends approval of a two year time extension to obtain the City Engineer's signature on
the final plat for the Normandy Subdivision as requested by the applicant, to expire on September 27,
2012.
III. PROPOSED MOTION
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number TE-10-
025, as presented in the staff report for the hearing date of November 3, 2010.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number TE-10-025,
as presented during the hearing on November 3, 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-
025 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 at 4145 S. Locust Grove Road between Amity and Victory Roads,
in the southeast % of Section 30, Township 3 North, Range 1 East.
B. Owner:
James D. Patterson.
9362 W. Wichita Street
Boise, ID 83709
C. Applicant:
Same as owner
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
V. UNIFIED DEVELOPMENT CODE
Per UDC 11-6B-7, 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. 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.
Note: An amendment to the UDC approved by the City Council on October 26, 2010 allows the
applicant up to 2 years to obtain the City Engineer's signature on a final plat as requested by the
applicant.
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: 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 16, 2010
VII. HISTORY OF PREVIOUS ACTIONS:
This 27.05 acre property was annexed and zoned (AZ-06-064, Ordinance No. 07-1308) R-8; a
preliminary plat (PP-06-065) consisting of 109 single-family residential building lots and 7
common lots; and a variance (VAR-07-001) to the block length standard within a residential
district for Blocks 1 and 2 was approved by City Council for Normandy Subdivision on March
27, 2007. Per the conditions of approval, the preliminary plat would have expired on March
27, 2009 if a time extension had not been granted.
Note: A development agreement was required by City Council as a provision of annexation at
the March 13, 2007 hearing in order to incorporate building elevations presented at the
hearing; however, the annexation was inadvertently approved without a development
agreement.
• An 18-month time extension (TE-09-004) to obtain the City Engineer's signature on the final
plat was approved by the Director on January 29, 2009 and expired on September 27, 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 applicant is required to submit a final
plat that complies with current open space requirements in accord with UDC 11-3G-3A and construct
buildings consistent with the elevations approved by City Council at the hearing on March 13, 2007
(see Exhibit A.3).
A Development Agreement (DA) was required by City Council (see Exhibit A.4) as a provision of
annexation to incorporate building elevations presented at the hearing. However, the annexation was
inadvertently approved without a DA.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
In 2008, City Council provided Staff with guidelines for approving time extensions. One such
guideline is if building elevations aren't tied to a development agreement, one should be required as a
provision of the time extension or staff should consider denying the request.
For these reasons, staff recommends a DA be required as a provision of the subject time extension to
include the building elevations previously approved by City Council. All future structures should
substantially comply with these elevations.
Note: At the time this property received annexation approval, there was not a separate fee for a
development agreement. On April 1, 2008, a new fee schedule went into effect that requires a fee of
$303.00 to be paid by the applicant for projects that require a development agreement.
V. EXHIBITS
A. Drawings
1. Vicinity Map
2. Approved Preliminary Plat (dated: 11/15/06)
3. Elevations (Approved by City Council on 3/13/07)
4. Minutes from City Council Hearing on March 13, 2007
5. Conditions of Approval
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Exhibit A.1-Vicinity Map
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Exhibit A.2 -Approved Preliminary Plat (dated: 11/15/06)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Exhibit A.3 -Elevations (Approved by City Council on 3/13/07)
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Exhibit A.4 -Minutes from City Council Hearing on March 13, 2007
Meridian City Council
March13, 2007
Page 28 of 49
Zaremba: To reinstate the staffs recommended condition of approval 1.2.5, which says
eliminate one building lot, should that be part of the development agreement or is that a
preliminary plat issue?
Canning: President Burton, Members of the Council, Councilmember Zaremba, that
would be a preliminary plat issue. That's fine. We .don't need it in the development
agreement.
Zaremba: I didn't hear that. I'm sorry. Say it again.
Canning: Just the preliminary plat is fine.
Zaremba: Okay. Thank you.
Gorton: Any additional discussion?
Rountree: I have none.
Zaremba: Mr. President?
Gorton: Mr. Zaremba.
Zaremba: I move we approve AZ 06-064 and add to the requirement that there be a
development agreement formulated with the city clerk to include the elevations that
were presented at this meeting tonight.
C Rountree: Second.
Gorton: It's been moved and seconded to approve Item 14, AZ 06-064, with a
development agreement incorporated. Does the motion -- I presume it includes that
elimination of that one building lot?
Bird: No.
Gorton: Any other discussion on Item 14? Seeing none, Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Burton, yea.
C MOTION CARRIED: ALL AYES.
Zaremba: Mr. President?
Gorton: Mr. Zaremba.
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Exhibit A.5 -Conditions of Approval
1. The applicant is to meet all terms of the approved annexation (AZ-06-064), preliminary plat (PP-
06-065), variance (VAR-07-001) and time extension (TE-09-004) for this development.
2. A Development Agreement (DA) shall be entered into between the City of Meridian and the
property owner/developer. The Applicant shall contact the City Attorney's office to initiate
this process. Currently, a fee of $303.00 shall be paid by the applicant to the City Attorney's
office prior to commencement of the DA. The DA shall be signed by the property owner and
returned to the city within 60 days of the City Council granting the subject time extension.
The DA shall, at minimum, incorporate the following provisions:
a. All future structures on the site shall substantially comply with the building elevations shown
in Exhibit A.3 approved by City Council at the hearing on March 13, 2007.
b. The developer shall be required to comply with condition 2.1 of the staff report for AZ-06-
064 and PP-06-065. This condition requires the developer to be responsible for the
installation of an-off peak pumping station, if they plan on developing prior to the Black Cat
Trunk connecting to the Glacier Springs Diversion Manhole. Currently the City is managing
a capital improvements project to connect the missing section of sewer trunk main located in
Victory Road to the Glacier Springs Diversion Manhole. At the time of development the
developer of the Normandy Subdivision shall be responsible to pay their proportionate share
of the construction costs associated with the capital improvements project rather than
installing an off-peak station. Contact Scott Steckline with Meridian Development Services
for information regarding this condition at 887-2211.
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