OrderBEFORE THE MERIDIAN CITY COUNCIL
C/C December 28, 2010
IN THE MATTER OF THE )
REQUEST FOR A TWO YEAR )
EXTENSION TO OBTAIN THE CITY )
ENGINEER'S SIGNATURE FOR )
HARKS CANYON CREEK )
SUBDIVISION, LOCATED IN THE )
NORTHEAST 1/ OF SECTION 14, )
T.3N., R.1W, MERIDIAN, IDAHO )
BY: JBS ENTERPRISES, LLC. )
APPLICANT )
CASE NO. TE-10-030
ORDER GRANTING A TWO YEAR
TIME EXTENSION FOR HARKS
CANYON CREEK SUBDIVSION
This matter coming on regularly before the City Council on December 28, 2010, upon the
Applicant's submittal of a preliminary plat time extension application for a two year time extension
within which to obtain the City Engineer's signature on the Harks Canyon Creek final plat, which was
originally approved on July 3, 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 a two year extended period of time, until October 25,
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 December 28, 2010 incorporated by reference.
Attached: Staff Report for the hearing date of December 28, 2010
ORDER GRANTING A TWO (2) YEAR TIME EXTENSION FOR HARKS CANYON CREEK
SUBDIVISION (TE-10-030)
Page 1 of 2
By the action of the City Council at its regular meeting on the ~~ day of
~ )o.~nv ~. ~ , 2010.
DATED this ~~ day of D~. , 2011.
.a ~ /?
,e~~%!Zf ~(C~
Mayor my de Weerd
Attest:
Copy served upon Applicant, Planning Department, Public Works, and the City Attorney.
BY: ~~C~_~'~,QX~-t. ~` Dated:
l~' 1~~~
ORDER GRANTING A TWO (2) YEAR TIME EXTENSION FOR HARKS CANYON CREEK
SUBDIVISION (TE-10-030)
Page 2 of 2
HEARING DATE: December 28, 2010
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
SUBJECT: TE-10-030 -Harks Canyon Creek
I. APPLICATION SUMMARY
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The applicant, JBS Enterprises, LLC, requests approval of a second time extension on the preliminary
plat for Harks Canyon Creek Subdivision in order to obtain the City Engineer's signature on a final
plat.
The subject plat consists of 29 residential building lots, 7commercial lots and 8 common lots. The
plat boundary consists 9.47 acres however; the southern portion of the site was not part of the platted
property.
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 Harks Canyon Creek Subdivision as requested by the applicant, to expire on October 25,
2012.
III. PROPOSED MOTION
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number TE-10-
030, as presented in the staff report for the hearing date of December 28, 2010.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number TE-10-030,
as presented during the hearing on December 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-
030 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 1845 W. Franklin Road, in the NE '/ of Section 14, Township 3
North, Range 1 West.
B. Owner:
Franklin Center, LLC
P.O. Box 6770
Harks Canyon Creek
TE-10-030 Page 1
Ketchum, ID 83340
C. Applicant/Contact:
Jane Suggs, JBS Enterprises, LLC
200 Louisa Street
Boise, Idaho 83712
D. 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: December 6, and 20, 2010
C. Radius notices mailed to properties within 300 feet on: December 2, 2010
D. Applicant posted notice on site by: December 15, 2010
VII. HISTORY OF PREVIOUS ACTIONS:
Harks Canyon Creek Subdivision received annexation and zoning (AZ-OS-056), preliminary
plat (PP-OS-058), and conditional use permit/planned development (CUP-OS-051) approval by
Council on April 25, 2006. A development agreement was required with the annexation (Instr.
No. 106180812).
• The final plat (FP-07-017) for Harks Canyon Creek Subdivision was approved by City Council
on July 3, 2007. The final plat consists of 29 townhomes lots, 7 commercial lots and 8 common
lots on 6.29 acres.
• An administrative time extension (TE-08-004) was approved on March 12, 2008, which granted
an 18 month time extension to record the first final plat.
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. The
approved preliminary plat, concept plan and conceptual renderings are attached in Exhibit A. NOTE.•
These are the actual drawings presented to City Council during the public hearing. Even though the
concept plan and the conceptual renderings were shown at the public hearing; they were never tied to
the recorded development agreement or the approved plat.
Additional conditions of approval were not required during the review of the first time extension.
When this property annexed into the City; both the Ten Mile Interchange Specific Area Plan
Harks Canyon Creek
TE-10-030 Page 2
(TMISAP) and the Meridian Design Manual were not adopted but; future commitments from the
developer were required in the recorded development agreement (DA).
Specifically, the recorded DA requires detailed conditional use permit (CUP) approval when
development is proposed for the C-C zoned portion of the property. In addition, the DA requires all
future development to comply with City of Meridian ordinances in effect at the time of development.
Based on this condition, both the commercial buildings and the townhomes will be subject to
administrative design review concurrently with the submission of a certificate of zoning compliance
(CZC) application or conditional use permit (CUP) application.
While staff is supportive of the conceptual layout of the development (see Exhibit A.3), Staff is of
the opinion that the future building elevations should be designed in conjunction with the structure
and site design guidelines contained in the UDC, the Meridian Design Manual and the Ten Mile
Interchange Specific Area Plan.
Thus, staff is recommending the following additional conditions of approval:
1) The applicant shall comply with all previous conditions of approval incorporated in the DA,
preliminary plat and final plat associated with this site (see section 7 for the appropriate file
numbers).
2) Future development of this site shall be subject to the structure and site design standards as set
forth in the Unified Development Code, the Meridian Design Manual and the Ten Mile Specific
Area Plan and shall be reviewed with a either a certificate of zoning compliance application (TN-
R zone) or conditional use permit application (C-C zone) as appropriate.
IV. EXHIBITS
A. Drawings
1. Vicinity Map
2. Approved Preliminary Plat
3. Concept Plan
4. Elevations
Harks Canyon Creek
TE-10-030 Page 3
Exhibit A.1-Vicinity Map
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TE-10-030 Page 4
Exhibit A.2 -Approved Preliminary Plat
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TE-10-030 Page 5
Exhibit A.3 -Concept Plan
Harks Canyon Creek
TE-10-030 Page 6
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TE-10-030 Page 7
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