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Arch Rock Subdivision TE-10-015BEFORE THE MERIDIAN CITY COUNCIL C/C October 26, 2010 IN THE MATTER OF THE REQUEST FOR A SECOND 18 MONTH TIME EXTENSION FOR THE PRELIMINARY PLAT TO OBTAIN THE CITY ENGINEER'S SIGNATURE ON A FINAL PLAT FOR ARCH ROCK SUBDIVISION, LOCATED IN SECTION 36, T.4N., R.1W, MERIDIAN, IDAHO CASE NO. TE-10-021 ORDER GRANTING A SECOND EIGHTEEN MONTH TIME EXTENSION FOR ARCH ROCK SUBDIVISION BY: CTD DEVELOPMENT, LLC APPLICANT This matter coming on regularly before the City Council on October 5, and 26, 2010, upon the Applicant's submittal of a preliminary plat time extension application for a second eighteen month extension within which to obtain the City Engineer's signature on a final plat for Arch Rock Subdivision, which was originally approved on February 27, 2007, 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 February 27, 2012, of this Order 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 March 23, 2010 incorporated by reference. Attached: Staff Report for the hearing date of October 26, 2010 ORDER GRANTING A SECOND EIGHTEEN (18) MONTH TIME EXTENSION FOR ARCH ROCK SUBDIVISION (TE-10-021) Page 1 of 2 By t e action of the City Council at its regular meeting on the 2010. DATED this ~ day of ,~ Attest: ~~,•\~'~10F ~~t``p/q'~,,,,~~ o r ,~ Fo E L O = y o~ Jaycee lman, City Clerk: ~ °' ~''%,, ~UNT~ ~ \~~.~. Copy served upon Applicant, Planriifig~D~ji~3itment, Public Works, and the City Attorney. B Dated: ~ ~ - ~ " oZ0 i y ~~~day of 2010. `''' Mayo my de Weerd ORDER GRANTING A SECOND EIGHTEEN (18) MONTH TIME EXTENSION FOR ARCH ROCK SUBDIVISION (TE-10-021) Page 2 of 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT HEARING DATE: October 26, 2010 ~ ~~~~~^ (Continued from October S, 2010) ~.?O10 IDAHO TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner SUBJECT: Arch Rock Subdivision -Time Extension (File #TE-10-021) I. APPLICATION SUMMARY The applicant, CTD Development, LLC, requests approval of a second 18-month time extension to obtain the City Engineer's signature on the final plat for Arch Rock Subdivision. The subject preliminary plat consists of 26 single-family residential building lots and 3 common lots on 4.75 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 that due to the current economic conditions, they have decided not to move forward with fmalizing the final plat this year. II. STAFF RECOMMENDATION Staff recommends approval of an 18-month time extension to obtain the City Engineer's signature on the final plat for the Arch Rock Subdivision as requested by the applicant, to expire February 27, 2012. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number TE-10- 021, as presented in the staff report for the hearing date of October 26, 2010. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TE-10-021, as presented during the hearing on October 26, 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- 021 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 4550 N. Linder Road on the east side of N. Linder Road, south of W. McMillan Road, in the northwest % of Section 36, Township 4 North, Range 1 West. B. Owner: CTD Development, LLC 3313 W. Cherry Lane #437 Meridian, ID 83642 TE-10-021 Arch Rock 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: October 16, 2010 VII. HISTORY OF PREVIOUS ACTIONS: • This 4.78 acre property was annexed and zoned (AZ-06-060) R-8 and R-15 and a preliminary plat (PP-06-061) was approved by City Council for Arch Rock Subdivision on February 27, 2007. A development agreement was not required with the annexation. Per the conditions of approval, the preliminary plat would have expired on February 27, 2009 if a time extension had not been granted. • An 18-month time extension (TE-08-030) to obtain the City Engineer's signature on the final plat was approved by the Director on January 8, 2009 and expired on August 27, 2010. • A final plat application (FP-07-016) was approved by City Council on April 17, 2007 but has not yet received City Engineer signature as required by UDC 11-6B-7. 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. A development agreement was not required with annexation of this property. However, building elevations for future structures on the site were approved by Council at the public hearing for the annexation and plat (see Exhibit A.3). The applicant submitted a statement dated 1/8/09, indicating the proposed structures on the site will substantially comply with the aforementioned elevations. Staff did not include any new conditions of approval with the previous time extension nor are new conditions recommended with the subject application. Thus, the applicant shall comply with all previous conditions of approval for this site. TE-10-021 Arch Rock PP TE.doc Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT V. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Preliminary Plat (dated: 11/8/06) 3. Elevations Approved by City Council on 2/27/07 TE-10-021 Arch Rock PP TE.doc Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit A.1-Vicinity Map TE-10-021 Arch Rock PP TE.doc ~ ~~~Cl~~~~~ Page 4 CITY OF MERIDIAN. PLANNING DEPARTMENT STAFF REPORT Exhibit A.2 -Approved Preliminary Plat (dated: 11/8/06) ,.~ ,, Y a~N• ap . ~_~« p ~ u~Y+er .•.'.°L°i ~' ~ ~~ ~ ~ A~ilYf it •v wr~r slO~ts; ,v:x9s ~?~a~cA. t ,a ~ ~ d t err +m4v a+u' ~a rr. R y~~ ~x ~#~~ T Q~f ~~ ~~~MM: ~~ ~.. ~~ ~~,_ iL! . ~~~: ~1~1~ ~Q T+yl~F of ~w!''~tAY"#l' su~eor++~ti +~ ~r+ui mar . TE-10-021 Arch Rock PP TE.doc Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit A.3 -Elevations Approved by City Council on 2/27/07 8 t1 f D I V 1 S I Q 9 IQaLijivioi a r, l~Fa rmsti rxs- --• C3uu Cne I't.vkxa eF 1vnF . k~U [~ ' Fr<r~•sai Arty-rly Letl[: _;.?pActr,.bt-S\ic~iunI7at~~iiy~ - Ia~.ie~r-.~12-1 : ~S~di~u~ H;~h TJr3r1-y • ('n a t'[r,'irtrs 1)ntett: -~iu~lr l:uu h' I;>tr iii • (:I iJttgir_n iFtLS S Cuninun Arco, ..ta -Q tir_ rt_ ~3n ertes k Aneaii:e..s r,kl 2t Gar ~i J~J{ri • '~1 'Ye,~r ~i;xitr~iv~- 51ut,Ghs. Aieiique .'•IIF~o,ct liinlland«q,ieK • H~tuowncts _~,.u~ritxit,o Pm(aSSh~nai3r :+S~s~cA • i~3rr, ]' I /Y Acre cd ~i tl~d~lc lJ~xe~ SFraCr ~ ~ iL~~ ,.c. al;~~~rL~z~~.~.5 - # -` „~.. ra ^ ~~} , w^ _~~ _ ~_ TE-10-021 Arch Rock PP TE.doc Page 6