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Messina Meadows Subdivision TEC-11-003BEFORE THE MERIDIAN CITY COUNCIL C/C AUGUST 23, 2011 IN THE MATTER OF THE REQUEST FORA 2 YEAR TIME EXTENSION ON THE CASE NO. TEC-11-003 PRELIMINARY PLAT FOR MESSINA MEADOWS SUBDIVISION IN ORDER TO OBTAIN THE CITY ENGINEER'S SIGNATURE ON PHASE 3 OF THE FINAL PLAT, LOCATED IN SECTION 29, T.3N., R.lE, MERIDIAN, IDAHO BY: BRIGHTON CORPORATION APPLICANT ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION This matter coming before the City Council on August 23, 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 Phase 3 of the final plat for Messina Meadows Subdivision, which preliminary plat was originally approved on July 26, 2005, 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 August 4, 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 August 23, 2011 incorporated by reference. Attached: Staff Report for the hearing date of August 23, 2011. ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR MESSINA MEADOWS SUBDIVISION TEC-11-003 Page 1 of 2 By th action of the City Council at its regular meeting on the ,2011. DATED this ~y~ day of day ofr t. , 2011. _~ ~w`~ ~ ~ ~ Attest: ~ ~ ~~ ~~~, ~ ~~~ ~_, t . ~~ ~, f . ~. , p ~ ~: ~[~ d~~ r~ 1 ~. ~ t.. C ~ ~ ~ t r, .+~ w ~~. / A ` , M1. ~ ~ ~,tiA ,., H...E ~ r" a ~, ~~ +~ ifd5i' `. ~r ` ..+ fi. 'L~ .. t.Mli n" . .~ 5• .v. ar s k ~ .un:HelS q A r.. y `mod ' • ~ ; h ~ ~~ • '~ ~j~ ~ ~; Jaycee olman, City Clem ®~ ~ ~ ~ n' W ~ d ~ - ~ . ~~ ~~ ? ~~ a~ ~ IA t ~~.,A / ~~ 4.2 ~ ~ ~ ~4 ~ ' .r ~ a y' rrr.- ~,~*, ~ ~ i ~ y~ a r~i ~ ~ ~.f ~~~"~ ~ ~ ~' ~ Q Mayor T y de Weerd Co served upon the Applicant;' ``Pl~:ri~~ig Department, Public Works Department, and City py Attorney. BY: Q Dated: 1, - g ^ ~f~-~ ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR MESSINA MEADOWS SUBDNISION TEC-11-003 Page 2 of 2 EXHIBIT A STAFF REPORT ( T /~ ~ T HEARING DATE: August 23, 2011 `~~ 1~~L'L1 V ;fst~.' (Continued from August 16, 2011) I ~ A H 4 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: TEC-11-003 -Messina Meadows I. APPLICATION SUMMARY The applicant, Brighton Corporation, requests approval of a two year time extension (TEC) on the preliminary plat for Messina Meadows Subdivision in order to obtain the City Engineer's signature on Phase 3 of the final plat. II. STAFF RECOMMENDATION Staff recommends approval of the subject time extension, to expire on August 4, 2013, with the conditions included in Exhibit B. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number TEC-11- 003, as presented in the staff report for the hearing date of August 23, 2011. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TEC-11- 003, as presented during the hearing on August 23, 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 TEC- 11-003 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 site is located north of E. Amity Road; midway between S. Locust Grove Road and S. Eagle Road in the S '/z of Section 29, Township 3N, Range 1 E. B. Owner: Tuscany Development Inc. PO Box 344 Meridian, ID 83642 C. Applicant: Brighton Corporation 12601 W. Explorer Drive, Suite #200 Boise, ID 83713 Messina Meadows PP TE (TEC-11-003) Page 1 EXHIBIT A 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. Where the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if signed by the City Engineer within successive intervals of two years, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filing by the applicant prior to the termination of the allowed time period, the City Council may authorize a time extension up to two years. With all extensions, the 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 Cormcil on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on; July 25, and August 8, 2011 C. Radius notices mailed to properties within 300 feet on: July 21, 2011 D. Applicant posted notice on site by: August 12, 2011 VII. HISTORY OF PREVIOUS ACTIONS: • The annexation (AZ-OS-017), preliminary plat (PP-OS-019) and conditional use permit/planned development (CUP-OS-026) for Messina Meadows was approved by the Meridian City Council on July 26, 2005. A development agreement (DA) was required with the annexation of the property (#106017065). • The Messina Meadows preliminary plat consists of 491 residential lots, 67 common lots and 1 park lot and the CUP allowed for reduced lot frontages, lot sizes and setbacks. Further the CUP also required compliance with a concept plan and building elevations. • The City Council approved the final plat (FP-OS-076) for the first phase on Febniary 7, 2006 and the City Engineer signed the plat on October 30, 2006. Phase 1 platted with 310 residential lots and 49 common lots on 88.09 acres. • Messina Meadows Subdivision No. 2 (FP-06-036) was approved by City Council on August 15, 2006. Phase 2 platted with 70 residential lots and 6 common lots on 14.47 acres. • A time extension (TE-07-015) was also granted to allow signature for phase 2. The City Engineer signed the Messina Meadows Subdivision No. 2 final plat on September 4, 2008. • A second 18-month administrative time extension (TE-10-003) was granted by the Director on February 9, 2010. VIII. STAFF ANALYSIS This is the third time extension requested for the subject preliminary plat. The applicant has been enable to commence with Phase 3 due to the current housing market. Per UDC 11-6B-7C and UDC 11-SB-6F, the City may require compliance with the current provisions Messina Meadows PP TE (TEC-11-003) Page 2 EXHIBIT A of the UDC as a condition for granting a time extension. After reviewing the pertinent files related to the Messina Meadows project, the preliminary plat meets the cun~ent open space and site amenity standards listed in the UDC. Fm-ther, the planned development requu~ed compliance with a concept plan and building elevations (see Exhibit A.2 and A.3). Staff is of the opinion, the site meets all of the established criteria (e.g. dimensional standards, open space, pathways etc.) in the UDC for granting the subject time extension. Therefore, Staff recommends approval of the time extension with no modifications to the conditions of approvals approved with the project files referenced in exhibit B of the staff report. IX. EXIIIBITS A. Drawings 1. Vicinity Map 2. Approved Preliminary Plat/Site Plan 3. Approved Elevations B. Conditions of Approval Messina Meadows PP TE (TEC-11-003) Page 3 EXHIBIT A Exhibit A.l -Vicinity Map ~'!~ I- RUT R-4 ~ Rl Messina Meadows PP TE (TEC-11-003) Page 4 EXHIBIT A Exhibit A.2 -Approved Preliminary Plat/Site Plan TTZ-f T ~ ~ I I I 1 iv ~~1J_L_V ~'~ i% Messina Meadows PP TE (TEC-11-003) Page 5 EXHIBIT A Exhibit A.3 -Approved Elevations Messina Meadows PP TE (TEC-11-003) Page 6 EXHIBIT A Exhibit B -Conditions of Approval 1. Applicant is to meet all teens of the approved annexation (AZ-OS-017), development agreement (#106017065), preliminary plat (PP-OS-019), conditional use permit (CUP-OS-026) and final plats (FP-OS-076 and FP-06-036) for this development. 2. The applicant shall have two (2) years, until August 4, 2013, to obtain the city engineer's signature and satisfy any applicable requirements set forth in the conditions of approval. Messina Meadows PP TE (TEC-11-003) Page 7