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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 ~ ~,,~ Jt~ , 2011. DATED this day of ~-~,(~y~ , 2011. Attest: J r` 4fi `'"" F i.y ~, ~ f ~ ~' ~ ~' a q ,~ ~ ~~ ~ - ~ ~~ ~ ~~ ~~ ~ k~ k ~~ r~ ~'. S t ~~ ~ ~` ~ lnii / ~ ''~` ~e ~ t Copy served upon the Applicant, Attorney. Public Works Department, and City BY:T,I 1,~ ~~~(~~ Dated: ~` ~ `! ---~ ~.~~~ 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 ~~`~.; w~ LL ~,,,. .. *~w~~ r, m.. n.., n ~,a....e, .,~. ~.,,~;, _~~ i ~.. ~ ,x.~ i i i _ __ _.i 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