Emerson Park Subdivision TE-10-002BEFORE THE MERIDIAN CITY COUNCIL
C/C Apri16, 2010
IN THE MATTER OF THE
REQUEST FOR AN 18 MONTH
TIME EXTENSION TO OBTAIN
THE CITY ENGINEER'S
SIGNATURE ON THE FINAL PLAT
FOR EMERSON PARK
SUBDIVISION, LOCATED
NORTHEAST OF THE CORNER OF
S. MERIDIAN ROAD AND E.
VICTORY ROAD, IN THE SW 1/ OF
SECTION 18, T.3N., R.lE,
MERIDIAN, IDAHO
CASE NO. TE-10-002
ORDER GRANTING AN
EIGHTEEN MONTH TIME
EXTENSION FOR EMERSON
PARK SUBDIVISION
BY: KUNA VICTORY, LLC
APPLICANT
This matter coming on regularly before the City Council on March 2, and Apri16, 2010, upon
the Applicant's submittal of a time extension application for an eighteen month extension within
which to obtain the City Engineer's signature on the final plat for Emerson Park Subdivision, which
was originally approved on December 18, 2007, as provided in § 11-6B-7C, and good cause shown.
A previous time extension was approved by the Director on December 17, 2009; however, the
applicant failed to comply with the conditions of the time extension prior to a certain date as
required. Therefore, the extension expired.
ORDER GRANTING AN EIGHTEEN (18) MONTH TIME EXTENSION FOR EMERSON PARK
SUBDIVISION (TE-10-002)
Page 1 of 2
IT IS HEREBY ORDERED AND THIS DOES ORDER THAT:
The above named Applicant is granted an eighteen month extended period of time, until
July 31, 2011, within which to obtain the City Engineer's signature on the Final Plat for
Emerson Park Subdivision.
Attached: Staff Report for the hearing date of March 2, 2010. /~-
Bythe action of the City Council at its regular meeting on the / day of
2010.
DATED this ~~
day of Q'~ , 2010.
^~ Mayor
D~~ d
Public Works, and the City Attorney.
BY• Dated: 5 - (1 - Z o tt~
Attest: ,, ,''~' ~ OF h9E/~j ~ ` ''%.
- SEAL
Jayce o man, City Clerk 9 ~
9 ~ ,~
'; T.1 S'~ ' ~~~
Copy served upon Appli~a~Q;9P OU~Y ' ```\`\\~ent
ORDER GRANTING AN EIGHTEEN (18) MONTH TIME EXTENSION FOR EMERSON PARK
SUBDNISION (TE-10-002)
Page 2 of 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
DATE: March 2, 2010 E IDIAN~---
TO: Mayor & City Council 1 p A Fi Q
FROM: Sonya Watters, Associate City Planner
SUBJECT: Emerson Park Subdivision -Time Extension (File #TE-10-002)
I. APPLICATION SUMMARY
The applicant, Kuna Victory, LLC, requests approval of an 18-month time extension to obtain the
City Engineer's signature on the final plat for Emerson Park Subdivision. The subject plat consists of
34 building lots and 1 common lot on 17.84 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 they have chosen not to proceed with construction of Phase 1 at
this time due to anticipated lack of demand of commercial lots in this location. They believe demand
will recover in the next 6 to 12 months and will move forward with construction at that time.
II. STAFF RECOMMENDATION
Staff recommends approval of an 18-month time extension to obtain the City Engineer's signature on
the final plat for Emerson Park Subdivision as requested by the applicant, to expire July 31, 2011,
with the conditions included below in Exhibit B.
III. PROPOSED MOTION
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number TE-10-
002, as presented in the staff report for the hearing date of March 2, 2010.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number TE-10-002,
as presented during the hearing on March 2, 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-
002 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 northeast corner of S. Meridian Road and E. Victory Road
in the southwest '/ of Section 18, Township 3 North, Range 1 East.
B. Owner:
Kuna Victory, LLC
519 W. Front Street
Boise, ID 83702
C. Applicant:
Same as owner
TE-10-002 Emerson Park Subdivision PP TE.doc Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
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 City Council may authorize a time extension up to 18 months. With all
extensions, the 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: February 8, and 22, 2010
C. Radius notices mailed to properties within 300 feet on: February 4, 2010
D. Applicant posted notice on site by: February 8, 2010
VII. HISTORY OF PREVIOUS ACTIONS:
• The Preliminary Plat (PP-07-014) for Emerson Park Subdivision was approved by the Meridian
City Council on December 18, 2007.
• A Final Plat application (FP-08-016) for the first phase of development was approved by City
Council on October 7, 2008 but has not yet received City Engineer signature as required by
UDC 11-6B-7. Per the conditions of approval, the Emerson Park Subdivision preliminary plat
would have expired on December 18, 2009 if a time extension had not been granted.
• A preliminary plat Time Extension (TE-09-023) was approved by the Director on December
17, 2009.
VIII. STAFF ANALYSIS
As conditions of granting the preliminary plat time extension, the applicant was required to develop
the site consistent with the design guidelines contained in the City's Design Manual and submit a
letter of credit for their portion of the Black Cat sewer trunk line construction improvements required
with this development along the project's frontage in Victory Road. The applicant was required to
submit the letter of credit by January 31, 2010 in order for this time extension to remain valid. The
applicant failed to do so and consequently the time extension has expired. The applicant did submit
the subject time extension request prior to January 31S`.
The reason the applicant allowed the previous time extension to expire is because they disagreed with
the condition of approval requiring a letter of credit to be submitted for the portion of the sewer
construction improvements along the project's frontage in Victory Road and failed to request City
Council review of the Director's decision within the allowed time period.
The applicant requests an 18-month time extension to obtain the City Engineer's signature on the
final plat be approved without the requirement for a letter of credit to be submitted for the sewer
construction improvements.
Staff required a letter of credit be submitted for the sewer infrastructure improvements for this project
based on direction from City Council in August, 2008 in regard to time extension requests. The City
Council determined that if development of infrastructure is holding up development of adjacent
TE-10-002 Emerson Park Subdivision PP TE.doc Page 2
• CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
properties, the applicant should install such infrastructure, as a condition of approval of a time
extension, within a certain time period as determined by staff not to exceed 6 months.
Therefore, staff recommends as a condition of approval of the time extension that the applicant
submits a letter of credit for their portion of the sewer construction improvements required with this
development along the project's frontage in Victory Road. Further, staff recommends the applicant
submit the letter of credit within 30 days of City Council approval of the subject time extension in
order for this time extension to remain valid (see Exhibit B).
V. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Approved Preliminary Plat
B. Conditions of Approval
TE-10-002 Emerson Park Subdivision PP TE.doc Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Exhibit A.1-Vicinity/Zoning Map
TE-10-002 Emerson Park Subdivision PP TE.doc Page 4
• CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Exhibit A.2 -Approved Preliminary Plat
A PRELIMINARY PLAT DF ~ ~
THE EMERSON PARK S'UBDI VISION
A RE-SUBDIVISION OF LOTS 1, 2, AND 4 OF BLOCK 1 OF TBE
dlUSSEL CORNER SUBDIVISION, 9AID PARCELS BEING LOCATED IN
°°' "°° 7YIWNSHIP 3 NORTH, RANGE I EAST, BOISE dfERIDJAN,
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TE-10-002 Emerson Park Subdivision PP TE.doc Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Exhibit B -Conditions of Approval
1. The applicant is to meet all terms of the approved annexation (AZ-03-038), development
agreement (instrument #104153422), preliminary plat (PP-07-014), and final plat (FP-08-016) for
this development.
2. As of February 4, 2009, future construction for all non-single family detached homes shall be
subject to Design Review and Certificate of Zoning Compliance approval per the standards set
forth in the City of Meridian Design Manual and UDC 11-3A-19A.
3. The applicant shall submit to the City, an irrevocable letter of credit or cash deposit for their
portion of the sewer construction improvements required with this development along the
project's frontage in Victory Road. The approximate total amount of the letter of credit is
$30 000 00 This amount will be verified by construction bids received by the City. The
applicant shall submit the letter of credit within 390 days of Crty Council approval of the subject
time extension in order for this time extension to remain valid. Contact Meridian Public Works
Department for more information at 898-5500.
TE-10-002 Emerson Park Subdivision PP TE.doc Page 6