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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 ~~. .~ .~ ~~- day of ~,~,L~z , 2011. ~y pF MF~j~®9%,~~~, Mayor,Ta my de Weerd ?~~ ~ ~GaRP°R'q rFO y ~" Attest: ~~AL -~~ ~~~ Jaycee lman, City Clerk ~-,, L'O(i~Y ~ ~~.~`~~ ~''rrrrr+rn nits°°°°~ 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 RUT CHINDEN^ W HU! J W GKANU I't IUN L z ,NGO CREEK DR y F W RATTLESN~~ DR ~R W GLADE CREEK ST ~R W CAYUSE CREEK ~__;` RUT '^ ~K-8 J v+ D R i' O a n Z m 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 ~ ~tl R1 I z ~ a ~ 3 ~ ~ W ALMADEN DR W ALMADEN DR o Z O~'' ~ z Gl J ~ U ^ Z Q~ yRUT a i^^ ^^^^^~aa-* RUT ~Qy Z ~ `, R-4 ~ ^ _I 3 ^ ...:. - Z R-4 , . . - !' C-C Z TN-C W CHINDEN BLVD - --- a ayy~ CHINDEN•BLVD~ ^ ~¢ a 3 1.-O ~ 3 Y w ~vERes-r LN W EVEREST LN C-'~ C-G J z ~ W BOULDER BAR DR w n R-8 ,~ ~ z ~ ~ W GRAND TETON DR P~~~~ ~ RUT v+ z z S~ Z wrANGO~Rf ZoR W TANGO CREEK DR y` ~~p'~~~ ~ W RATTLESN~I~ DR ~ ~'' W GLADE C ~ W GLADE CREEK ST ~ w snca~~ sT REEK pR 3' z J W W W GLADE CREEK ST y WHAM z a Z w0 LF RAP <<J, RAPIDS ST N n IDS pR ~ ~ ~R-8 W HUNGRY CREEK DR ~~ W MARTEN CREEK DR ~'-p a W CAYUSE CREEK DR z m 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