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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 E IDIA-I~T~- 1DAH~ 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 I f ~ I 1 a i m '~ r ~. .. __ _ _ __ ~~,W^FRANKLIN^RD~~ ,~ ~ f Rl '~ ~ -:>,_. ___.. r _ __ i r a e I A t t 8 RUT i A _' -- - a ~.* ,~ Q ~~ oc RI I-L ., ~ s ~`.. _ . ~ . , .. _,... m _ z ._. ~, _--~ 1- i ___ W FRAN C-C LIN RD C-G c i }~ ~ 0 ,~ C-N w ~ -- Z_._., . ...._ Rl _, ~ ~ 'F/ 1/ W '., ~ ,,~, .. ~.f~ ~ ~ _ u - J CITE CT Q i - h w d , yy CAL R-4~ `n -- s --- O ~ OO W MERGANZER DR _ ~ W o -- ~\,.... ~ \ o y~ R1 +., ~ 1_ ~_ :: 'yc - Rl - Harks Canyon Creek TE-10-030 Page 4 Exhibit A.2 -Approved Preliminary Plat _-F 4- j•._. ~ 1 e ~i ~• \t,~~f a a f ~ ~, .~ ~ ~ f t i r _ ~1~)~^~~Ed~~t ~ f'~II iij t '~ ._ ~~ _ ~§ v A N M F£ S 5 _. per ~ l~~ r9~ • I ~ s' ~,,( 5 ~ . i{ ~ , 4 "`Y` •i5 ~, ~ ale 4actad't "! ~i -~~ . ~ ~ is ~: e a ~ ~ ~ w ~' ~~ }~ ` ` a, ( y~ ( r i ' '"a n;E M'Ai~. y+1..o y~~ , I~CEV .. -,~.~ i sw. t ,,.. .., ~ ~,R.. ~ ~ ~~~ ....~~ y ~" .._._ i E ~ ~~ ~ .~°- °• ~. ~ ~ .,mot ,~'" ti~~ .at~r~^~ ~' ~ `" , °'` ~ ~ set '~I`" ~' ~ ? ~ ,.. r ~ .a ~ ..~ ~' _ ~ ~-~ > > r!. d~8 YrL'1~`i~aC~b'71St3~.sr+.n, ~ ~ W~.y ~~~-~.a~.er~f .. Mr 1 t C f • ~^.~~iw.r a,~ . w «.... __ ..~ -~ ~ ~~ ~ w .-^" x- Harks Canyon Creek TE-10-030 Page 5 Exhibit A.3 -Concept Plan Harks Canyon Creek TE-10-030 Page 6 ~ .r' L,. ..T' -iwo~i----- NYb Guyon CneK.. _... Harks Canyon Creek TE-10-030 Page 7 Exhibit A.4 -Elevations tgAt Caryon peM ... Exm'la nrbrhle dXlee mmtlndbndmueco nM pone an el lour ews El! rs Prwieei.r u