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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 oRp,~ED ~ U~UsT 0~ J ~~~ ~so~ City of E IDIAN~ iDAHo ~ ~Q~ ~ ~ s~ yw V f r~r TRR~S~ 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) ~,, ~$ ti <' ,~ ~, ~rt 4 y je 1 # 1 :~I ~1 ;~ ~~~. Y . \'~.. ~i 91~'~ Y Yy !~ 1ll~~r. r e,. ~~ ~ Tt~IMI 14'aAe. 41A! YS+OM ^ Ild iY!!i-h~~f M! ~•--~T.ve_aw ~r~- ~r~ rK ~A ~ ~Y+.". i i"'~' r • ~~ ~~ V k i iL~ 110Y I -: _ ..ter •-+-^~- w.wrw IR~9YN /MMfRW ~r+..+~-r. qsa ~IIfa1«I 1r • ~~ - -.-- rw~wwwf waw. w - - ~"• ~r !~ ~ Ili M ~6 7 11w AN i ~~yM a.-..a a ~sr.wr~. YYI 4~ 10 ... ~ {~~yy~~ .~.. ~ d, IMY.i • ~ 1 . [ ~ T.~ .y mow. ~ ~lll~iRi ~ l* ! MA ....~ ..~ Y1 M IN r.,F~..w ~ IYI-0Yr LIY+IY y. r.r~r 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. 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