Centrepointe Subdivision No. 2 TEC-12-002BEFORE THE MERIDIAN CITY COUNCIL
C/C MARCH 7, 2012
IN THE MATTER OF THE )
REQUEST FOR A TWO (2) YEAR )
TIME EXTENSION ON THE )
PRELIMINARY PLAT IN ORDER )
TO OBTAIN THE CITY )
ENGINEER'S SIGNATURE ON )
CENTREPOINTE SUBDIVISION )
NO.2 FINAL PLAT, LOCATED IN )
SECTION 32, T.4N., R.lE, )
MERIDIAN, IDAHO )
BY: BLUE MARLIN )
INVESTMENTS, LLC )
APPLICANT
CASE N0. TEC-12-002
ORDER OF CONDITIONAL
APPROVAL OF TIME EXTENSION
This matter coming on regularly before the City Council on March 7, 2012, 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 a final plat for Centrepointe
Subdivision No. 2, which preliminary plat was originally approved on February 27, 2007, as
provided in Unified Development Code § 11-6B-7C, and good cause shown. An administrative
time extension (TE-08-028) for eighteen (18) months was previously approved for this
subdivision by the Planning Director on November 24, 2008 and would have otherwise expired
on August 13, 2010. A second eighteen (18) month time extension (TE-10-020) was approved by
City Council on September 28, 2010 and expired on February 27, 2012.
IT IS HEREBY ORDERED THAT:
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR CENTREPOINTE SUBDNISION NO.2 (TEG12-002)
Page 1 of 2
The above named Applicant is granted an additional two (2) year extended period of
time, until February 27, 2014, within which to obtain the City Engineer's signature on the
final plat, subject to the conditions of approval as shown in the Staff Report attached as
Exhibit A for the hearing date of March 7, 2012 incorporated by reference.
Attached: Staff Report for the hearing date of March 7, 2012
By the action of the Cit Council at its re ular meetin ~
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2012.
DATED this
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Mayor T de Weerd
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Copy served upon the Applicant, Planning Department, Public Works Department, and Cit
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Attorney.
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D
ated.
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR CENTREPOINTE SUBDNISION NO.2 (TEC-12-002)
Page 2 of 2
EXHIBIT A
HEARING DATE: March 7, 2012 ~
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T0: Mayor and City Council `~
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FROM: Bill Parsons, Associate City Planner
SUBJECT: Centrepointe Subdivision No. 2 -TEC-12-002
I. APPLICATION SUMMARY
The applicant, Blue Marlin Investments LLC, requests approval of a two (2) year time extension to
obtain the City Engineer's signature on the final plat for Centrepointe Subdivision No. 2. The subject
plat consists of 14 commercial building lots on 18.7 acres of land.
The Applicant has been unable to meet the time requirements specified in Unified Development Code
(UDC) 11-6B-7. The Applicant states this is due to the ongoing economic down turn and the
uncertainty it's generated in the retail market.
II. STAFF RECOMMENDATION
Staff recommends approval of a two (2) year time extension to obtain the City Engineer's signature
on the final plat for the Centrepointe Subdivision No. 2 as requested by the applicant, to expire
February 27, 2014, with the conditions included below in Exhibit B,
III. PROPOSED MOTION
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number TEC-12-
002, as presented in the staff report for the hearing date of March 7, 2012.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number TEC-12-
002, as presented during the hearing on March 7, 2012 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-
12-002 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 on the west side of N. Eagle Road, approximately 1/4 mile north of
E. Ustick Road, in the northeast 1/4 of the southeast l/4 of Section 32, Township 4 North, Range 1
East.
B. Owner:
Blue Marlin Investments LLC
1940 Bonito Way, Suite # 160
Meridian, ID 83642
TEC-12-002 Centrepointe Subdivision No. 2 Page 1
EXHIBIT A
C. Applicant:
Same as owner
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. UNIFIED DEVELOPMENT CODE
Per UDC 11-6B-7A, approval of a preliminary plat shall become null and void if the a licant fails to
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obtain the City Engineer's signature on the final plat within two years of the a royal of the
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preliminary plat.
Per UDC 11-6B-7C, 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 Ci
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions u to
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two (2) years as determined and approved by City Council may be 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 1 1, Chapter 5.
B. Newspaper notifications published on: February 13, and 27, 2012
C. Radius notices mailed to properties within 300 feet on: February 9, 2012
D. Applicant posted notice on site by: February 24, 2012
VII. HISTORY OF PREVIOUS ACTIONS:
• The preliminary plat (PP-06-063) for Centre Point Subdivision No. 2 was approved by the
Meridian City Council on February 27, 2007.
• A final plat application (FP-07-011) was approved by City Council on May 15, 2007 but has
not yet received City Engineer signature as required by UDC 11-6B-7.
• An 18-month time extension (TE-08-028} to obtain the City Engineer's signature on the final
plat was approved by the Director on November 24, 2008 and expired on August 13, 2010.
• A second 18-month time extension (TE-10-020) to obtain the City Engineer's signature on the
final plat was approved by City Council on September 28, 2010 and expired on February 27,
2012.
VIII. STAFF ANALYSIS
This is the third time extension requested by the applicant. The previous 18-month time extension
approved by City Council has expired on February 27, 2012. The Applicant has met the necessary
deadline by filing a written request for a time extension prior to the expiration date.
The recorded development agreement for this site specifies certain design criteria for the commercial
development. The specific design criterion is consistent with the design standards outlined in the
UDC. Staff believes the commercial development will be consistent with the UDC and the Meridian
Design Manual.
In 2011, the City adopted new surety requirements to obtain City Engineer's signature on the final
plat. If utilities are not installed, the new ordinance requires a 125% performance surety for all
improvements related to public life, safety and health subject to a 20% warranty surety for all such
TEC-12-002 Centrepointe Subdivision No. 2 Page 2
EXHIBIT A
improvements for the duration of two (2) years. At this time, City services have not been constructed
on the site. In order to obtain City Engineer's signature on the plat the applicant must 1 install the
infrastructure or 2) post surety for the improvements.
Since new conditions may be required with the subject time extension UDC-11-6B-7C Staff
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recommends the plat comply with the newly adopted surety regulations in accord see the new
conditions ' (
In Exhibit B). The applicant shall also comply with all previous conditions of a royal for
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this site.
IX. EXHIBITS
A. Drawings
1. Vicinity Map
2. Approved Final Plat (dated: l0/27/06)
B, Conditions of Approval
TEC-12-002 Centrepointe Subdivision No. 2 Page 3
EXHIBIT A
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TEC-12-002 Centrepointe Subdivision No. 2
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EXHIBIT A
Exhibit A,2 -Approved Preliminary Plat
TEC-12-002 Centrepointe Subdivision No. 2 Pa e 5
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EXHIBIT A
Exhibit B -Conditions of Approval
1. The applicant is to meet all the terms of the approved annexation (AZ-03-025), development
agreements (instrument # 105048793, 106060856, and 106191305), preliminary plat (PP-06-
063), variance (VAR-07-003) and final plat (FP-07-O1 l).
2. The applicant shall have two (2) years, until February 27, 2014, to obtain the city engineer's
signature and satisfy any applicable requirements set forth in the conditions of approval.
3. The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature .This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development for more information at 887-221 1.
4. The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two 2 ears. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development for more information at 887-2211.
TEC-12-002 Centrepointe Subdivision No. 2 Page 6