Knight Sky Estates Subdivision TE-10-033BEFORE THE MERIDIAN CITY COUNCIL
C/C January 4, 2011
IN THE MATTER OF THE )
REQUEST FOR A TWO YEAR )
EXTENSION TO OBTAIN THE )
CITY ENGINEER'S SIGNATURE )
FOR KNIGHT SKY ESTATES )
SUBDIVISION, LOCATED IN THE )
SOUTHEAST '/ OF SECTION 23, )
T.4N., R.1W., MERIDIAN, IDAHO )
BY: SEA 2 SEA, LLC. )
APPLICANT )
CASE NO. TE-10-033
ORDER GRANTING A TWO YEAR
TIME EXTENSION FOR KNIGHT
SKY ESTATES 5UBDIVSION
This matter coming on regularly before the City Council on January 04, 2011, 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 Knight Sky Estates final plat, which was
originally approved on June 5, 2006, 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 December
6, 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 January 4, 2011 incorporated by reference.
Attached: Staff Report for the hearing date of January 4, 2011
ORDER GRANTING A TWO (2) YEAR TIME EXTENSION FOR KNIGHT SKY ESTATES
SUBDIVISION (TE-10-033)
Page 1 of 2
By the action of the City Council at its regular meeting on the
o , 2011.
C~
DATED this ~ ~~ day of
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~~- day of
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~y pF MF~j~®9%,~~~, Mayor,Ta my de Weerd
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Attest:
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Jaycee lman, City Clerk ~-,, L'O(i~Y ~ ~~.~`~~
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Copy served upon Applicant, Planning Department, Public Works, and the City Attorney.
B~,. Dated:
ORDER GRANTING A TWO (2) YEAR TIME EXTENSION FOR KNIGHT SKY ESTATES
SUBDIVISION (TE-10-033)
Page 2 of 2
HEARING DATE
TO:
FROM:
SUBJECT:
January 04, 2011
Mayor and City Council
Bill Parsons, Associate City Planner
E IDIAN~
IDAHO
TE-10-033 -Knight Sky Estates Subdivision
I. APPLICATION SUMMARY
The applicant, Sea 2 Sea, LLC, requests approval of a second time extension for the preliminary plat
of Knight Sky Estates Subdivision in order to obtain the City Engineer's signature on a final plat.
The subject Preliminary Plat consists of 102 single-family residential building lots, 24 townhouse
lots, 7 commercial lots, 6 common lots, and 2 private streets on 55.83 acres in R-4, TN-C, and C-C
zoning districts.
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 Knight Sky Estates Subdivision as requested by the applicant, to expire on December 6,
2012.
III. PROPOSED MOTION
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number TE-10-
033, as presented in the staff report for the hearing date of January 4, 2011.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number TE-10-033,
as presented during the hearing on January 4, 2011 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-
033 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 6555 N. Linder Road, on the northwest corner of N. Linder
Road and Chinden Boulevard, in the southeast '/ of Section 23, Township 4 North, Range 1 West
B. Owner:
Sea to Sea, LLC
827 E. Riverside Drive
Eagle, ID 83616
Knight Sky Estates
TE-10-033 Page 1
C. Applicant:
Same as owner
D. Representative:
Shawn Nickel, SLN Planning (208-794-3013)
1589 N. Estancia Place
Eagle, ID 83616
E. 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 13, and 27, 2010
C. Radius notices mailed to properties within 300 feet on: December 9, 2010
D. Applicant posted notice on site by: December 20, 2010
VII. HISTORY OF PREVIOUS ACTIONS:
In 2006, the subject property was granted Annexation and Zoning (AZ-06-005) approval by City
Council with R-4, TN-C, and C-C zoning districts. A Development Agreement (DA) was
approved with the annexation (Instrument No. 106122365). A preliminary plat (PP-06-004) was
approved concurrently with annexation of the property for 126 residential lots (24 townhouse lots
and 102 detached single-family lots), 7 commercial lots, and 26 common/other lots on 55.83
acres of land. Private streets (PS-06-004) were also approved in specific locations within the
development.
On November 5, 2008, an 18 month time extension (TE-08-026) was approved by the Planning
Department for the applicant to obtain the City Engineer's signature on the first phase of the final
plat (expires on December 6, 2010). As a condition of approval of the time extension, the
applicant is required to submit a DA modification application to include sample building
elevations for this project in the existing DA. Additionally, staff recommended that all private
streets be converted to public streets.
• On February 10, 2009, a development agreement modification (MDA-08-008) was approved by
City Council that tied both commercial, single family residential and townhomes elevations to the
recorded development agreement. The subsequent development agreement was recorded as
instrument #109082037.
Knight Sky Estates
TE-10-033 Page 2
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 approval of the previous time extension, the applicant was required to submit a DA
modification application to include sample building elevations for this project. The development
agreement has been amended to include building elevations. In addition, the recorded development
agreement requires all future development in the TN-C and C-C zoned lots to be subject to
administrative design review which is consistent with the UDC.
Since the Meridian Design Manual was not in effect at the time of the previous approvals, all future
construction (excluding the single family homes) within this development should be subject to the
structure and site design standards as set forth in the Unified Development Code and the design
guidelines as set forth in City of Meridian Design Manual.
In addition, UDC 11-3H-4.C requires certain design and construction standards along Highway 20-
26. Specifically, a 10-foot multi-use pathway is required within the 35-foot wide landscape buffer
adjacent to Chinden Boulevard (HWY 20-26). After reviewing the submitted landscape plan it
appears the project was approved with a 5-foot wide pathway. Staff is of the opinion that the plat
should comply with the standards outlined in the UDC.
Thus, staff is recommending the following additional conditions of approval:
1) The applicant shall comply with all previous conditions of approval incorporated in the
recorded development agreements and preliminary plat associated with this site (see section 7
for the appropriate file numbers).
2) Future development of this site (excluding the R-4 single family portion) shall be subject to
the structure and site design standards as set forth in the Unified Development Code and the
Meridian Design Manual.
3) The applicant shall construct a 10-foot multi-use pathway consistent with the standards set
forth in UDC 11-3H-4C.
IV. EXHIBITS
A. Drawings
1. Vicinity Map
2. Approved Plat
3. Approved Building Elevations
Knight Sky Estates
TE-10-033 Page 3
Exhibit A.1 -Vicinity Map
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Knight Sky Estates
TE-10-033
Page 4
Exhibit A.2 -Approved Plat
Knight Sky Estates
TE-10-033 Page 5
Knight Sky Estates
TE-10-033 Page 6
Exhibit A.3 -Approved Elevations
Knight Sky Estates
TE-]0-033 Page 7
Exhibit A.1-Vicinity Map
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Knight Sky Estates
TE-10-033 Page 4
Exhibit A.2 -Approved Plat
Knight Sky Estates
TE-10-033 Page 5
Knight Sky Estates
TE-10-033 Page 6
Exhibit A.3 -Approved Elevations
Knight Sky Estates
TE-10-033 Page 7