Olivetree at Spurwing TEC-12-003BEFORE THE MERIDIAN CITY COUNCIL
C/C MARCH 20, 2012
IN THE MATTER OF THE
REQUEST FOR A TWO (2) YEAR
TIME EXTENSION ON THE
PRELIMINARY PLAT FOR
OLIVETREE AT SPURWING
SUBDIVISION IN ORDER TO
OBTAIN THE CITY ENGINEER'S
SIGNATURE ON THE FINAL
PLAT, LOCATED IN SECTION 23,
T.4N., R.1 W, MERIDIAN, IDAHO
CASE NO. TEC-12-003
ORDER OF CONDITIONAL
APPROVAL OF TIME EXTENSION
BY: SPURWING LIMITED
PARTNERSHIP/PACIFIC LINKS
LTD. PARTNERSHIP
APPLICANT
This matter coming on regularly before the City Council on March 20, 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 Olivetree at
Spurwing Subdivision, which preliminary plat (PP-06-045) was originally approved on February
20, 2007, as provided in Unified Development Code § 11-6B-7C, and good cause shown. An
administrative time extension (TE-09-023) for eighteen (18) months was previously approved for
this subdivision by the Planning Director on February 20, 2009 and would have otherwise
expired on August 20, 2010. A second time eighteen (18) month time extension (TE-10-017) was
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR OLNETREE AT SPURWING TEC-12-003
Page 1 of 2
' ncil on Au ust 24 2010 and would have otherwise expired on February
approved by City Cou g
20, 2012 without the subj ect time extension.
IT IS HEREBY ORDERED THAT:
named A licant is ranted an additional two (2) year extended period of
The above pp g
' bruar 20 2014 within which to obtain the City Engineer's signature on the
time, until Fe y
lat sub' ect to the conditions of approval as shown in the staff report attached as
final p ~
Exhibit A for the hearing date of March 20, 2012, incorporated by reference.
Attached: Staff Report for the hearing date of March 20, 2012
B the action of the Cit Council at its regular meeting on the day of
Y y
2012.
DATED this day of , 2012
Attest:
Co served u on the A licant, Planning Department, Public Works Department, and City
py p pp
Attorney.
Dated: ~ ~ ~--
BY.
ycee olman, City Clerk
~Sr
Mayor T m de Weerd
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ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR OLIVETREE AT SPURWING TEC-12-003
Page 2 of 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
DATE: March 20, 2012 E IDIAN'~--
TO: Mayor & City Council I D A H O
FROM: Sonya Watters, Associate City Planner
SUBJECT: Olivetree at Spurwing Subdivision -Time Extension (File #TEC-12-003)
I. APPLICATION SUMMARY
The applicant, Spurwing Limited Partnership, requests approval of a two (2) year time extension on
the preliminary plat for the Olivetree at Spurwing Subdivision to obtain the City Engineer's signature
on the final plat. The subject preliminary plat consists of 65 single-family building lots and 6
common lots on 20.51 acres of land. Eighteen percent of the site is proposed to develop as open
space.
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 sustained economic downturn and market
conditions.
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 Olivetree at Spurwing Subdivision as requested by the applicant, to expire
February 20, 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-
003, as presented in the staff report for the hearing date of March 20, 2012.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number TEC-12-
003, as presented during the hearing on March 20, 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-
12-003 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/I,ocation:
The subject property is generally located north of W. Chinden Boulevard and west of N.
Spurwing Way, in the southeast'/4 of Section 23, Township 4 North, Range 1 West.
B. Owner:
Spurwing Limited Partnership/Pacific Links Ltd. Partnership
200 N. Fourth Street, Suite 203
Boise, ID 83702
C. Applicant:
Same as owner
Olivetree at Spurwing Sub TEC-12-003.doc Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
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 applicant fails to
obtain the City Engineer's signature on the final plat within two years of the approval of the
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 City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to
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 11, Chapter 5.
B. Newspaper notifications published on: February 27, and March 12, 2012
C. Radius notices mailed to properties within 300 feet on: February 23, 2012
D. Applicant posted notice on site by: March 9, 2012
VII. HISTORY OF PREVIOUS ACTIONS:
• The preliminary plat (PP-06-045) for the Olivetree at Spurwing Subdivision was approved by
the Meridian City Council on February 20, 2007.
• A final plat application (FP-08-004) for the Olivetree at Spurwing Subdivision was approved
by City Council on May 27, 2008 but has not yet received City Engineer signature as required
by UDC 11-6B-7. Per the conditions of approval, the preliminary plat would have expired on
February 20, 2009 if a time extension had not been granted.
• An 18-month time extension (TE-09-023) to obtain the City Engineer's signature on the final
plat was approved by the Director on February 20, 2009 to expire on August 20, 2010.
• A second. 18-month time extension (TE-10-017) was approved by the City Council on August
24, 2010 and expired on February 20, 2012.
VIII. STAFF ANALYSIS
As conditions of granting the first preliminary plat time extension, the applicant is required to meet all
terms of the approved Development Agreement (1 07 1 1 95 72), Annexation (AZ-06-043), Preliminary
Plat (PP-06-045), and Final Plat (FP-08-004) for this development. Additionally, all single-family
structures are required to be constructed consistent with the elevations approved by City Council on
2/7/07 as shown in Exhibit A.3. Future construction on all single-family attached structures within the
subdivision is subject to design review approval per the standards set forth in the UDC and Meridian
Design Manual.
With the previous time extension, it was noted that there were deficiencies in the sanitary sewer
system with Jayker Subdivision where this developments sanitary sewer effluent is planned to flow.
These deficiencies were required to be resolved prior to issuance of building permits. Since that time,
the deficiencies have been resolved. No other conditions were attached with the second time
extension.
Since the last extension, the Unified Development Code has been amended to require the property
owner to post a performance surety with the City in the amount of 125% of the total construction cost
Olivetree at Spurwing Sub TEC-12-003.doc Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
for all incomplete sewer, water and reuse infrastructure prior to final plat signature. Additionally, the
property owner is required to post a warranty surety with the City in the amount of 20% of the total
construction cost for all completed sewer, water and reuse infrastructure for a duration of two years.
Staff recommends these new UDC requirements be included as conditions of approval of the current
time extension request.
V. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Approved Preliminary Plat (dated: 12/13/06)
3. Building Elevations Approved by City Council on 2/7/07
B. Conditions of Approval
Olivetree at Spurwing Sub TEC-12-003.doc Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Exhibit A.1-Vicinity/Zoning Map
Olivetree at Spurwing Sub TEC-12-003.doc Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Exhibit A.2 -Approved Preliminary Plat (dated: 12/13/06)
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Olivetree at Spurwing Sub TEC-12-003.doc Page 5
CI"1'Y O1' MERIDIAN PLANNING DF,PARTMI?N1' S"I'AI~F REPORT
3. Building Elevations Approved by City Council on 2/7/07
Olivetree at Spurwing Sub TEC-12-003.doc Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Exhibit B -Conditions of Approval
1. The applicant is to meet all terms of the approved Development Agreement (107119572),
Annexation (AZ-06-043), Preliminary Plat (PP-06-045), Final Plat (FP-08-004), and Time
Extensions (TE-09-023 & TE-10-017) for this development.
2. 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 (UDC 11-SC-3). 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 Service for more
information at 887-2211.
3. 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 a
duration of two years (UDC 11-SC-3). 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 Service for more information at
887-2211.
Olivetree at Spurwing Sub TEC-12-003.doc Page 7