Baraya Subdivision TE-11-001BEFORE THE MERIDIAN CITY COUNCIL
C/C FEBRUARY 15, 2011
IN THE MATTER OF THE
REQUEST FORA 2 YEAR TIME
EXTENSION ON THE
PRELIMINARY PLAT FOR
BARAYA SUBDIVISION IN ORDER
TO OBTAIN TAE CITY
ENGINEER'S SIGNATURE ON
THE FINAL PLAT, LOCATED IN
SECTION 15, T.3N., R.1W,
MERIDIAN, IDAHO
BY: DYVER DEVELOPMENT
APPLICANT
CASE NO. TE-11-001
ORDER OF CONDITIONAL
APPROVAL OF TIME EXTENSION
This matter coming on regularly before the City Council on February 15, 2011, upon the
Applicant's submittal of a preliminary plat time extension application for a two (2) year
extension within which to obtain the City Engineer's signature on the final plat for Baraya
Subdivision, which preliminary plat was originally approved on July 10, 2007, as provided in
Unified Development Code § 11-6B-7C, and good cause shown.
IT IS HEREBY ORDERED THAT:
The above named Applicant, is granted an additional two (2) year extended period of
time, until January 10, 2013, 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 February 15, 2011 incorporated by reference.
Attached: Staff Report for the hearing date of February 15, 2011.
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR BARAYA SUBDIVISION TE-11-001
Page 1 of 2
By the action of the City Council at its regular meeting on the ~_ day of
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DATED this day of ~-~,(~y~ , 2011.
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Copy served upon the Applicant,
Attorney.
Public Works Department, and City
BY:T,I 1,~ ~~~(~~ Dated: ~` ~ `!
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May mmy de Weerd
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR BARAYA SUBDNISION TE-11-001
Page 2 of 2
By the action of the City Council at its regular meeting on the day of
2011.
DATED this day of , 2011.
Attest:
Jaycee Holman, City Clerk
Mayor Tammy de Weerd
Copy served upon the Applicant, Planning Department, Public Works Department, and City
Attorney.
BY:
Dated:
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR BARAYA SUBDNISION TE-11-001
Page 2 of 2
Exhibit A
HEARING DATE: February 15, 2011
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
SUBJECT: TE-11-001 -Baraya Subdivision
I. APPLICATION SUMMARY
E IDIAN~--
I[)AHO
The applicant, Dyver Development, requests approval of a second time extension for the preliminary
plat of Baraya Subdivision in order to obtain the City Engineer's signature on a final plat.
The subject Preliminary Plat consists of 334 single-family residential lots, 28 common lots, and 1
school lot in an R-8 and R-15 zone and 2multi-family and 2 common lots in an R-40 zone for a total
of 336 buildable lots and 30 common lots.
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 Baraya Subdivision as requested by the applicant, to expire on January 10, 2013.
III. PROPOSED MOTION
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number TE-11-
001, as presented in the staff report for the hearing date of February 15, 2011.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number TE-11-001,
as presented during the hearing on February 15, 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-11-
001 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:
Baraya Subdivision is located at 3935 W. Franklin Road and 280 S. Black Cat Road on the south
side of Franklin Road, just east of Black Cat Road, in the northern portion of Section 15,
Township 3 North, Range 1 West B.M. (See Exhibit A.1).
B. Owner:
Dyver Development
1977 E. Overland Road
Meridian, ID 83642
Baraya Subdivision
TE-11-001 Page 1
Exhibit A
C. Applicant:
Same as owner
D. Representative:
Matt Schultz
2127 S. Alaska Way
Meridian, ID 83642
(208-880-1695)
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: January 24, and February 7, 2011
C. Radius notices mailed to properties within 300 feet on: January 20, 2011
D. Applicant posted notice on site by: February 1, 2011
VII. HISTORY OF PREVIOUS ACTIONS:
The Annexation and Zoning (AZ-06-061) and Preliminary Plat (PP-06-062) for Baraya
Subdivision were approved by the Meridian City Council on July 10, 2007. The Development
Agreement (instrument no. 107123289) was approved by City Council August 28, 2007. The
subject Preliminary Plat is 92.66 acres in size and consists of 334 single-family residential lots,
28 common lots, and 1 school lot in the R-8 and R-15 zones and 2multi-family and 2 common
lots in the R-40 zone.
• Two (2) final plats for Baraya Subdivision (FP-07-030 & FP-07-031) were approved October 16,
2007 but have not yet been signed by the City Engineer. The first phase consists of 50 single-
family building lots and 14 common lots on 10.10 acres in an R-15 zone. The second phase
consists of 50 single family lots and 1 common lot on 10.55 acres in an R-8 zone.
On May 20, 2009, an 18 month time extension (TE-09-015) was approved by the Planning
Department for the applicant to obtain the City Engineer's signature on the first phase of the final
plat (set to expire on January 10, 2011). As a condition of approval of the time extension, future
townhomes are subject to administrative design review (DES) and certificate of zoning
compliance (CZC) approval.
Baraya Subdivision
TE-11-001 Page 2
Exhibit A
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.
This project is located within the boundary of the Ten Mile Interchange Specific Area Plan
(TMISAP) and the plat was reviewed in conjunction with said plan. Specifically, the street layout,
land uses, density, open space and building design were items that were addressed with the approval
of the plat.
In the recorded development agreement (DA) specific design criteria is spelled out for the single
family residential homes. Further, the multi-family portion of the development is conditioned to
comply with the design criteria contained in the TMISAP with a future conditional use permit
application. The conditions also stipulate the minimum density requirement of 16 dwelling units to
the acre.
In addition, staff has reviewed the pertinent files related to this project. It appears the subject plat
complies with the current requirements of the unified development code (UDC) regarding open space,
pathway connections, amenities, subdivision standards and dimensional standards of the underlying
zoning districts. However, the previous time extension required that future townhomes receive
certificate of zoning compliance and administrative design review approval. This condition still
remains in affect with the subject time extension request.
Since the previous conditions of approval and the recorded development agreement address future
design concepts (plat and residential), Staff is not recommending any new conditions of approval
with the subject time extension request. The applicant shall comply with all previous conditions of
approval incorporated in the recorded development agreement and the subject plats associated with
this site (see section 7 above for the appropriate file numbers).
IV. EXHIBITS
A. Drawings
1. Vicinity Map
2. Approved Site Design
3. Approved Sample Elevations
Baraya Subdivision
TE-11-001 Page 3
Exhibit A
Exhibit A.1-Vicinity Map
Baraya Subdivision
TE-11-001 Page 4
Exhibit A
Exhibit A.2 -Approved Site Design
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Baraya Subdivision
TE-11-001 Page 5
Exhibit A
Baraya Subdivision
TE-1 I -001 Page 6
Exhibit A.3 -Approved Sample Elevations
Exhibit A
Baraya Subdivision
TE-ll-001 Page 7