Loading...
Olivetree at Spurwing Subdivision TE-10-017BEFORE THE MERIDIAN CITY COUNCIL C/C August 24, 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 OLIVETREE AT SPURWING SUBDIVISION, LOCATED IN THE SE '/ OF SECTION 23, T.4N., R.1W, MERIDIAN, IDAHO CASE NO. TE-10-017 ORDER GRANTING A SECOND EIGHTEEN MONTH TIME EXTENSION FOR OLIVETREE AT SPURWING SUBDIVISION BY: SPURWING LIMITED PARTNERSHIP APPLICANT This matter coming on regularly before the City Council on August 24, 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 Olivetree at Spurwing Subdivision final plat, which was originally approved on February 20, 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 20, 2012; of this Order 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 August 24, 2010 incorporated by reference. Attached: Staff Report for the hearing date of August 24, 2010 ORDER GRANTING A SECOND EIGHTEEN (18) MONTH TIME EXTENSION FOR OLIVETREE AT SPURWING SUBDNISION (TE-10-017) Page 1 of 2 By the action of the City Council at its regular meeting on the ~ day of S2p~em'~z,~ , 2010. DATED this ~~ day of ~v-~-C' m~be..~ , 2010. Mayor y de Weerd ~ D ~ ~'~ ~' Attest: ~ o a a o Rq ' ~;,, \~V ease ~G~~ i Y S~ ~ ~ 3® `, ~ x9 ~d ~ 4s.C,` ., ~ -i c lma , ity Clerk '$' ~~~ . ~~, ~ -~~ ~~~ar~ ~ ~4~~~, Copy served upon Applicant, Planning Department, Public Works, and the City Attorney. BY: ~ Dated: ~ ~ 8' ~U ORDER GRANTING A SECOND EIGHTEEN (18) MONTH TIME EXTENSION FOR OLNETREE AT SPURWING SUBDIVISION (TE-10-017) Page 2 of 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT DATE: August 24, 2010 E IDIAN~-~- TO: Mayor & City Council I D A H O FROM: Sonya Watters, Associate City Planner SUBJECT: Olivetree at Spurwing Subdivision -Time Extension (File #TE-10-017) I. APPLICATION SUMMARY The applicant, Spurwing Limited Partnership, requests approval of a second 18-month time extension to obtain the City Engineer's signature on the final plat for Olivetree at Spurwing Subdivision. The subject plat consists of 65 single-family building lots and 6 common lots on 20.51 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 sustained economic downturn and market conditions. II. STAFF RECOMMENDATION Staff recommends approval of an 18-month time extension to obtain the City Engineer's signature on the final plat for Olivetree at Spurwing Subdivision as requested by the applicant, to expire February 20, 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- 017, as presented in the staff report for the hearing date of August 24, 2010. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TE-10-017, as presented during the hearing on August 24, 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- 017 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 generally located north of W. Chinden Boulevard, west of N. Spurwing Way, in the southeast '/ of Section 23, Township 4 North, Range 1 West. B. Owner: Spurwing Limited Partnership/Pacific Links Ltd. Partnership 200 N. Fourth Street, Suite 203 Boise, ID 83702 C. Applicant: Same as owner D. Applicant's Statement/Justification: Please see applicant's narrative for this information. TE-10-017 Olivetree at Spurwing Subdivision PP TE.doc Page 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: August 2, and 16, 2010 C. Radius notices mailed to properties within 300 feet on: July 29, 2010 D. Applicant posted notice on site by: August 13, 2010 VII. HISTORY OF PREVIOUS ACTIONS: • The preliminary plat (PP-06-045) for the Olivetree at Spurwing Subdivision was approved by the Meridian City Council on February 20, 2007. • A final plat application (FP-08-004) for the Olivetree at Spurwing Subdivision was approved by City Council on May 27, 2008 but has not yet received City Engineer signature as required by UDC 11-6B-7. Per the conditions of approval, the preliminary plat would have expired on February 20, 2009 if a time extension had not been granted. • An 18-month time extension (TE-09-023) to obtain the City Engineer's signature on the final plat was approved by the Director on February 20, 2009 to expire on August 20, 2010. VIII. STAFF ANALYSIS As conditions of granting the first preliminary plat time extension, the applicant is required to meet all terms of the approved Development Agreement (107119572), Annexation (AZ-06-043), Preliminary Plat (PP-06-045), and Final Plat (FP-08-004) for this development. Additionally, all single-family structures are required to be constructed consistent with the elevations approved by City Council on 2/7/07 as shown in Exhibit A.3. Future construction on all single-family attached structures within the subdivision is subject to design review approval per the standards set forth in the UDC and Meridian Design Manual. Staff is not recommending any new conditions of approval with the subject time extension application. The applicant is required to comply with all previous conditions of approval for this site. V. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Approved Preliminary Plat (dated: 12/13/06) 3. Building Elevations Approved by City Council on 2/7107 B. Conditions of Approval TE-10-017 Olivetree at Spurwing Subdivision PP TE.doc Page CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit A.1-Vicinity/Zoning Map TE-10-017 Olivetree at Spurwing Subdivision PP TE.doc Page CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit A.2 -Approved Preliminary Plat (dated: 12/13/06) awc aw`. ~1~~~'~~ ~ ~ ~ ~ .,~.~ .r , ~~~ 4® µ.W ~+~ WI --m.~.. -~ .....,..~..- - _. _ wA.. -+e ~ ~ ,.:~ M,. ,~*:~ ...:,a=~t$s~sr~ t ;; c~~'i{ 5~ ~. ~~ y~1 L4 ~ J. r~~® ~.r I MI ~14L uwln --.-.~ MYIi+p IIR -~• e~EYI/~i -- rww .,.: ~. , ...rrr rr.r +~r++ `~ ~ w~ ~rt111~~ ^IIY wF~ +Y 4sY T!' ~L WM e ~ Ipf+IM rJ°~°'" rw- a YYI MII~ ~ [IMI1 WMrI. a. ~ -. ~~rl~wi ~+Ar. W 4 TE-10-017 Olivetree at Spurwing Subdivision PP TE.doc Page CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT 3. Building Elevations Approved by City Council on 2/7/07 TE-10-017 Olivetree at Spurwing Subdivision PP TE.doc Page CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit B -Conditions of Approval 1. The applicant is to meet all terms of the approved Development Agreement (107119572), Annexation (AZ-06-043), Preliminary Plat (PP-06-045), Final Plat (FP-08-004), and Time Extension (TE-09-023) for this development. 2. This proposed developments sanitary sewer effluent is being planned to flow southwesterly into the existing Jayker Subdivision's sanitary sewer system. There are currently deficiencies in the sanitary sewer system within the Jayker Subdivision that is being addressed. No building permits will be issued until such time as the deficiencies are corrected to the satisfaction of the Meridian Public Works Department. TE-10-017 Olivetree at Spurwing Subdivision PP TE.doc Page