Final Order TEC 11-003 Messina MeadowsBEFORE 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
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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
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Messina Meadows PP TE (TEC-11-003) Page 4
EXHIBIT A
Exhibit A.2 -Approved Preliminary Plat/Site Plan
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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