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Bainbridge Subdivision TE-10-029BEFORE THE MERIDIAN CITY COUNCIL C/C NOVEMBER 23, 2010 IN THE MATTER OF THE REQUEST FOR A FOURTH TIME EXTENSION ON THE PRELIMINARY PLAT FOR BAINBRIDGE SUBDIVISION IN ORDER TO OBTAIN THE CITY ENGINEER'S SIGNATURE ON THE FINAL PLAT, LOCATED IN THE NORTH 1/Z OF SECTION 27, T.4N., R.1W., MERIDIAN, IDAHO CASE NO. TE-10-029 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT BY: BRIGHTON INVESTMENTS, LLC APPLICANT This matter coming on regularly before the City Council on November 23, 2010, upon the Applicant's submittal of a preliminary plat time extension application for a two (2) year extension within which to obtain the City Engineer's signature on the final plat for Bainbridge Subdivision, which preliminary plat was originally approved on April 19, 2005, as provided in Unified Development Code § 11-6B-7C, and good cause shown. IT IS HEREBY ORDERED THAT: The above named Applicant is granted an additional two (2) year extended period of time, until October 19, 2012, within which to obtain the City Engineer's signature on the final plat, subject to the conditions of approval as shown in the attached Staff Report for the hearing date of November 23, 2010, incorporated by reference. Attached: Staff Report for the hearing date of November 23, 2010 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE SUBDIVISION (TE-10-029) Page I of 2 By the action of the City Council at its regular meeting on the ~~ day of 1jp~P~ ~ rr , 2010. DATED this ~ day of ~PrPm P v' , 2010. Mayor Ta y de Weerd Attest: ~.~ Cj ~ ,,. .~`~ ~~ .: ~~, r ~ ~;~ ~ c _. ~_ 4 Ja e H 1 i yak-;{° <- } y . Copy served upon the AppIcaht;r Planning Department, Public Works Department, and City Attorney. BY: -!~~'~ ~~,~' f l.~k~ ~~-~~O Dated: ~~~ - <~'1L . ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE SUBDNISION (TE-10-029) Page 2 of 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT HEARING DATE: November 23, 2010 E IDIAI~T~- TO: Mayor & City Council I D A H O FROM: Sonya Watters, Associate City Planner SUBJECT: TE-10-029 -Bainbridge Subdivision I. APPLICATION SUMMARY The applicant, Brighton Investments, LLC, requests approval of a fourth time extension on the preliminary plat for Bainbridge Subdivision in order to obtain the City Engineer's signature on a final plat. The subject preliminary plat consists of 389 single-family residential building lots, 22 common/other lots, one church building lot, and one lot to be developed/re-subdivided in the future on 151.72 acres of land. The Applicant has been unable to meet the time requirements specified in Unified Development Code (UDC) 11-6B-7, therefore a time extension is requested. II. STAFF RECOMMENDATION Staff recommends approval of a two year time extension to obtain the City Engineer's signature on a final plat for Bainbridge Subdivision as requested by the applicant, to expire on October 19, 2012. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number TE-10- 029, as presented in the staff report for the hearing date of November 23, 2010. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TE-10-029, as presented during the hearing on November 23, 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- 029 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 southwest corner of W. Chinden Blvd. and N. Ten Mile Road, in the north half of Section 27, Township 4 North, Range 1 West. B. Owner: Brighton Investments, LLC 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 C. Applicant: Same as owner Bainbridge PP TE.doc Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT D. Contact: Michael Wardle, Brighton Corp. E. Applicant's Statement/Justification: Please see applicant's narrative for this information. 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 2 years. Additional time extensions up to 2 years as determined and approved by City Council maybe 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: November 1, and 15, 2010 C. Radius notices mailed to properties within 300 feet on: October 28, 2010 D. Applicant posted notice on site by: November 12, 2010 VII. HISTORY OF PREVIOUS ACTIONS: • Bainbridge Subdivision received annexation and zoning (AZ-OS-001), preliminary plat (PP-OS- 002), and conditional use permit/planned development (CUP-OS-002) 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. A development agreement was required with the annexation (Instr. No. 109061598). An administrative time extension (TE-06-001) was approved on January 24, 2006, which granted an 18 month time extension to record the first final plat, which was valid until October 19, 2007; and to commence the use as approved with the CUP/PD, which was valid until April 19, 2008. A second 18 month time extension (TE-07-013) was approved by City Council on December 4, 2007 to obtain the City Engineer's signature on a final plat and commence the use approved with the CUP/PD. The time extension was valid until April 19, 2009. As a condition of the time extension, the applicant is required to comply with current UDC provisions regarding development along state highways that were not in affect at the time of preliminary plat approval. The City Council required the applicant to dedicate or preserve adequate right-of- way from the centerline of Chinden; construct a 35 foot wide landscape buffer along the north property line adjacent to Chinden, exclusive of any right-of--way; and construct a 10 foot wide pathway along Chinden. A third 18-month time extension (TE-09-014) to obtain the City Engineer's signature on a final plat was approved by City Council on May 12, 2009 and expired on October 19, 2010. As conditions of approval, the applicant is required to provide a minimum of 10% (15.17 acres) open space within the development; provide a minimum of 6 amenities; and submit an updated site/landscape plan that demonstrates compliance with the aforementioned open space & site amenity requirements. Bainbridge PP TE.doc Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT VIII. STAFF ANALYSIS As noted above in Section VII, there are conditions attached with previous time extensions that the applicant must comply with consistent with current UDC standards. Building elevations were submitted and approved with the original AZ, PP, & CUP applications (see Exhibit A.4). Staff does not recommend any new conditions with the subject time extension. The applicant shall comply with all previous conditions of approval for this subdivision. V. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Site Layout 3. Open Space Exhibit Submitted with TE-09-014 4. Approved Building Elevations Bainbridge PP TE.doc Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit A.1 -Vicinity Map Bainbridge PP TE.doc Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPOR'i' Exhibit A.2 -Approved Site Layout Bainbridge PP TE.doc Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit A.3 -Open Space Exhibit Submitted with TE-09-014 ~r - - _ ,. I Mrs " 6 ~ I ~' ~' _. i .~.~ ~--ATM- ~° ._ '~ p ~ /l`~--~_ -. J ~• r 1 / i i 2 ~ i ~t bw ~ . ~ 1 vM1\l. ..` .1... ~... _ .. 1 t ~ ,., -__~_ 1. __ __ r~ ~ ; ~J A44~ ~. h ~ ~ M x. ~~. t I ~_ i ~.<.e ~ ~; 1, ~ I~ w 3mAn t ' a ~ ,, Mr4 F ~.~,-- -t- .,.~"_ ~c -- ~- ,~ ~~~ r '~~_ AL - ~~ 0 2,+,... fl M...... ._ _. ~ -~_--- L , ~~~ ~~~~~~~ °.. -~ --~ ~ u ~._. 0. lbr I i r j ~ (~ --~ - -- 1-- -f- ~ i~ _I ~_~~',< - _ l..a, m____ _ _ --~- ..».. EngfneeHngNar[dWast,LLL ,~--,-: riAlN~f~t3~)(,t SUBDIVISIOtd i, I -~~ COIN.. _1 ~~ s ~ , '~-, ~ ~ J~:_ REVISED OPEN SPACE E%HIBIT sECnoN s~, T.+N., R.iw., s.M. Bainbridge PP TE.doc Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit A.4 -Approved Building Elevations neemport c Bainbridge PP TE.doc Page 7