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Zebulon Heights Subdivision No. 2 TE-10-023BEFORE THE MERIDIAN CITY COUNCIL C/C October 5, 2010 IN THE MATTER OF THE REQUEST FOR A THIRD 18- MONTH TIME EXTENSION FOR THE PRELIMINARY PLAT TO OBTAIN THE CITY ENGINEER'S SIGNATURE ON A FINAL PLAT FOR ZEBULON HEIGHTS SUBDIVISION N0.2, LOCATED IN SECTION 32, T.4N., R.lE, MERIDIAN, IDAHO CASE NO. TE-10-023 ORDER GRANTING A THIRD EIGHTEEN MONTH TIME EXTENSION FOR ZEBULON HEIGHTS SUBDIVISION N0.2 BY: THE TRADITIONS BY AMYX II, LLP APPLICANT This matter coming on regularly before the City Council on October 5, 2010, upon the Applicant's submittal of a preliminary plat time extension application for a third eighteen month extension within which to obtain the City Engineer's signature on a final plat for Zebulon Heights Subdivision No. 2, which was originally approved on Apri119, 2005, 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 March 27, 2012, 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 October 5, 2010 incorporated by reference. Attached: Staff Report for the hearing date of October 5, 2010 ORDER GRANTING A THIRD EIGHTEEN (18) MONTH TIME EXTENSION FOR ZEBULON HEIGHTS SUBDIVISION N0.2 (TE-10-023) Page 1 of 2 By the action of the City Council at its regular meeting on the ~ day of fr~;._~ , 2010. DATED this c~(t~ day of ~(' ~~~ ,1~ , 2010. w a,t :~ _, tf"~~ l k Attest: ,ti ,,,...QQQ~oRp~ r~~.~ ~'~~~ ~ • ~C~ ~ma. C~`l7 lr" V ~< v, ,.~ ~~ o~ ~' ~ ~ ~~~ ti ~~' 1 s`~' ~ .Q Ja cee H• an, '~ lerk ~,©^ ,~. ,. f /~ Mayor my de Weerd Copy served upon Applicant, Planning Department, Public Works, and the City Attorney. BY: ,~, ~,C~ 1 ~ ~`l ~~ Dated: 1 C%- ~~-7 -' 1 ~_ ORDER GRANTING A THIRD EIGHTEEN (18) MONTH TIME EXTENSION FOR ZEBULON HEIGHTS SUBDIVISION NO. 2 (TE-10-023) Page 2 of 2 CITY 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 1/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 TE-10-023 Zebulon Heights Sub 2 PP TE.doc Page 1 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 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: 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. TE-10-023 Zebulon Heights Sub 2 PP TE.doc Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT • 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 ACHD 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 TE-10-023 Zebulon Heights Sub 2 PP TE.doc Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit A.1 -Vicinity Map ~.', , E COMIS ~ ST ~ r5 E MF R R ~g SARM'c s w coµ+sKy DR W PALA MESA DR ? W 7gPArlO pR 3 o z a ~ Rf peck pR ~ x ~ ~ ~: a " -.._..._.._.. _. a io W HAZELNUT ST 70 W ACO RN ST W ROCHESTER ST W AUDI CT W FIG ST W FIG ST W GOLDENROD AVE W MEAppy4DALE DR Z w sarrrYLe~ ~~ W GRENADIER DR W ERINGE~RiC ST ~ Fj Op BALDCYPRESS ST ~~Eqp pR W W x ~ 7n G W FO XFIRE ST Q YJ d' 2 F N W PAfNT OR COTFIELD ST 3 J PICAgLLY ST O W TE-10-023 Zebulon Heights Sub 2 PP TE.doc Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit A.2 -Approved Preliminary Plat (dated: 11/23/04) ~~ ~~ ~~ ~- m d~ E ~ ~' zfig E~.r t ~ ~ ~ ~ ~ 1 ~~. ~ T'7'-~' I .,1..... ~ ...,~ 1..,.__~.._. L... 1. I j I I I ww„m ~ I ~ ~ I I I I ~~ I GEBULpN HEIGHTS suatnlvaSloN xo. 2 __ ~ ~ 1 w ~,~ a. f~ ~~ `~ i at_ ~j .~ _ ~ ,"~T r, , M p~ ~ ~~ ~~~ ~~~ ~ ,; III~~ ~ ~I ~ , ~ . ~ '~~ ~~~A~~k~~R tz~ 9 A P. W I t{ ~ ~~ I#~ ~i I F~ ~~~~~~~~`~~ e E~~ !~~~ 5F ~ R°° 6 8~y R" i ~ti~ y!!! g 98 a a e ~ ~ i R;~ ~a! ~g~~r I ei 1 ~ . I I ~~ ~-- I I I I HOrBi ~;~~I ~ I i ~~ ~' I CAI 4E ~ I,UJfMt f L RCPEa ,TNI`R. S U - NECK TE-10-023 Zebulon Heights Sub 2 PP TE.doc Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit A.3 -Approved Elevations ~~, ..... ti ~:~s~ . a, TE-10-023 Zebulon Heights Sub 2 PP TE.doc Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT TE-10-023 Zebulon Heights Sub 2 PP TE.doc Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT TE-]0-023 Zebulon Heights Sub 2 PP TE.doc Page 8 ~., ,~,~, , ; ,,..,. V ~.~~:~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT TE-10-023 Zebulon Heights Sub 2 PP TE.doc Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit A.4 -Open Space Open Space Approved with Preliminary Plat ' ~ ~, ! ~. ~..: IY [1 ~~3L a ~ ~~ m ~.. > ;. ~I'sa N~ ~~Idzs e a ~ z ~ '~~ # n _ ~ ~ ZSSULON HE[GH1'8 FN~INFERlXB ria~eioo-tr~cr oesoPm o~xfnaaFnr~o .. ~, ~ N PIFAB - APAILT'ID V~PLAT .: : o~:w1 .. crt ,a ~o`wgn~~~w ~..*i[ u> 1 Q IUUiL n 11E E . c [..l . ~.:. I.. ~.'E a .: E .1E . um. rrt . ~. _ y. ~' .~.w,~' ~ ~t ....~ i. ~.. ... ,r ...aw is ~t uti e•.: x. 7 Z c .crw. u. w.. i:w s» n.m._.v.w ~`.~ ..~.._ . TE-10-023 Zebulon Heights Sub 2 PP TE.doc Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Open Space Proposed with Time Extension .~~! ni ~ z i' i. is 'aG ,r ~~ ~ ~~ ~ ~ I-~ ~ Y ,~p, ~~ a~; ~~~~~~~~ ,~ ~~ ~~~ ~- ~ ~, E ~ ~ ~ ~ s ~A~ ~BTi ~~~~ ~ HQ~T~P ~POL J r ~ ~ _ t [~ir1MAIt14-G111eN~UfRMIr liLG ,~, -~ ~ Ifr~-R S!n Wd7A a.lr. ~i~~. r`uF'Q ~ a rCaa t Hem 4 RIflElltdiRAGT'I ~~H OI~IE~ffIE~7p 1D,q'• Mw• 1w1av~ n Ns ~rt tir n w ~` aal l _ R ~ ~r .+ ~ .r~N ~ ~~l ~ PI~ ~ M ~ !fir R wFwe ~ ~ +r~~ tir si iw-wi r~ ~~A# TE-10-023 Zebulon Heights Sub 2 PP TE.doc Page 1 1 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. TE-10-023 Zebulon Heights Sub 2 PP TE.doc Page 12