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Seyam Subdivision TE-10-019BEFORE THE MERIDIAN CITY COUNCIL C/C September 28, 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 SEYAM SUBDIVISION, LOCATED IN THE SW 1/ OF SECTION 9, T.3N., R.lE, MERIDIAN, IDAHO CASE NO. TE-10-019 ORDER GRANTING A SECOND EIGHTEEN MONTH TIME EXTENSION FOR SEYAM SUBDIVISION BY: RONALD W. VAN AUKER APPLICANT This matter coming on regularly before the City Council on September 28, 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 the Seyam Subdivision final plat, which preliminary plat was originally approved on February 6, 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 6, 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 September 28, 2010 incorporated by reference. Attached: Staff Report for the hearing date of September 28, 2010 ORDER GRANTING A SECOND EIGHTEEN (18) MONTH TIME EXTENSION FOR SEYAM SUBDNISION (TE-10-019) Page 1 of 2 By the action of the City Council at its regular meeting on the ~ ~' day of ~C~~.e.-(~. , 2010. DATED this ~-~` day of ~~~ , 2010. Mayor T my de Weerd `\\\`,~~un urrrrr~~~~ Attest: \\\`~`~;~.~ ~ "y~~~~i~'/i /~ ~~ .` V- ~, ~L ~c ~ ~ SEAL Jayc Holman City Clerk ~~, ~' ' 9 ~T151•~ ,~~~ ~ `OQ \\\~. O ~~ ~o~ Copy served upon Applicant, PlanriifigrDlepa~tYhent, Public Works, and the City Attorney. By; Dated: i b - ~~ " d C~( ~ ORDER GRANTING A SECOND EIGHTEEN (18) MONTH TIME EXTENSION FOR SEYAM SUBDNISION (TE-10-019) Page 2 of 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT HEARING DATE: September 28, 2010 E IDIAN~--'O10 TO: Mayor & City Council I D A H O FROM: Sonya Watters, Associate City Planner SUBJECT: Seyam Subdivision -Time Extension (File #TE-10-019) I. APPLICATION SUMMARY The applicant, Ronald W. Van Auker, requests approval of a second 18-month time extension to obtain the City Engineer's signature on the final plat for the Seyam Subdivision. The subject preliminary plat consists of 8 building lots on 39.28 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 this is due to the time invested in amending the comprehensive plan and prolonged negotiations with the potential buyer. IL STAFF RECOMMENDATION Staff recommends approval of an 18-month time extension to obtain the City Engineer's signature on the final plat for the Seyam Subdivision as requested by the applicant, to expire February 6, 2012, 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- 019, as presented in the staff report for the hearing date of September 28, 2010. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TE-10-019, as presented during the hearing on September 28, 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- 019 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 north side of E. Franklin Road, approximately 1,200 feet east of N. Eagle Road, in the southwest '/ of Section 9, Township 3 North, Range 1 East. B. Owner: Ronald W. Van Auker 3084 E. Lanark Meridian, ID 83642 C. Applicant: Same as owner D. Applicant's Statement/Justification: Please see applicant's narrative for this information. TE-10-019 Seyam Subdivision PP TE.doc Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT 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 6, and 20, 2010 C. Radius notices mailed to properties within 300 feet on: September 2, 2010 D. Applicant posted notice on site by: September 16, 2010 VII. HISTORY OF PREVIOUS ACTIONS: • The preliminary plat (PP-06-055) for Seyam Subdivision was approved by the Meridian City Council on February 6, 2007. Per the conditions of approval, the preliminary plat would have expired on February 6, 2009 if a time extension had not been granted. • An 18-month time extension (TE-09-005) to obtain the City Engineer's signature on the final plat was approved by the Director on February 4, 2009 to expire on August 6, 2010. • A final plat application (FP-09-008) for Seyam Subdivision was approved by City Council on January 26, 2010 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. As a condition of granting the previous time extension, all future construction within the subdivision was required to comply with the design standards contained in the City's Design Manual. Staff is not including any new conditions of approval with the subject time extension application. The applicant shall comply with all previous conditions of approval for this site. V. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Preliminary Plat (dated: 12/7/06) TE-10-019 Seyam Subdivision PP TE.doc Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit A.1 -Vicinity Map rvaoD DR ~ W E'kf[(mlVf bR w s w O U Z TE-10-019 Seyam Subdivision PP TE.doc KLIN RD W FRANKLIN RD z ~~ ~R ~ ~`,wtorr,-ratoyy~R~,, S~ o l J `"~ W KEATES DR W ~~~CK aR W EMERSON OR W BRONTE DR Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit A.2 -Approved Preliminary Plat (dated: 8/22/06) PREid1dINARY PLAT FOR S1'{YAM SV&Ii,~yy$~N .,~ Q.o ..~.. w,.~. wry s xa ~, ~ ~ m ~emmw w~ CCI~a=C!`I~~;CtI~~C1:I7~=C1_2]~-(C~S]~=CLI~~=CtI] .~..... __- ----_-_--- --------------- _- _ __ ~-_w: ~, ~ ... { N/ ,,. ~ c 1 i .., i ~ Crt ]YL ~ . { ~~_CCx~~-crL~i~ V ` j~ ~~ ~~ ~' a a+ C,3 ! ~ ~ ~~ ~~ Z ~~0 4i rt~ mU W ff~ U! Q } rim/ TE-10-019 Seyam Subdivision PP TE.doc Page 4