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Arch Rock Subdivision TEC-12-005BEFORE THE MERIDIAN CITY COUNCIL C/C MARCH 27, 2012 IN THE MATTER OF THE REQUEST FOR A TWO (2) YEAR TIME EXTENSION ON THE PRELIMINARY PLAT FOR ARCH ROCK SUBDIVISION IN ORDER TO OBTAIN THE CITY ENGINEER'S SIGNATURE ON THE FINAL PLAT, LOCATED IN SECTION 36, T.4N., R.1 W, MERIDIAN, IDAHO CASE NO. TEC-12-005 ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION BY: CTD DEVELOPMENT, LLC APPLICANT This matter coming on regularly before the City Council on March 27, 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 Arch Rock Subdivision, which preliminary plat (PP-06-061) 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-08-030) for eighteen (18) months was previously approved for this subdivision by the Planning Director on January 8, 2009 and would have otherwise expired on August 27, 2010. A second eighteen (18) month time extension (TE-10-021) was approved by City Council on October 26, 2010 and would have otherwise expired on February 27, 2012 without the subject time extension. ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR ARCH ROCK SUBDIVSION (TEC-12-005) Page 1 of 2 IT IS HEREBY ORDERED THAT: 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 for the hearing date of March 27, 2012, attached as Exhibit A. Attached: Staff Report for the hearing date of March 27, 2012 ~' By the action of the City Council at its regular meeting on the ~ day of 2012. / ~`" DATED this Attest: y'cee ~~lman, City Clerk day of , 2012 // A ~ / ~4o4pTED A UeU~ ~~~ l ~ Ci#y of E IDIAN~- ,~ IDAHO ~ ~ w v ~r~8 ~y~y °f -~~ r~~ks~~. -~~~. ~ Mayor my de Weerd Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. B Dated:~~ ~.~ I ~ ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR ARCH ROCK SUBDNSION (TEG12-005) Page 2 of 2 EXHIBIT A HEARING DATE: March 27, 2012 E IDIAN~--- TO: Mayor & City Council 1 D A H 0 FROM: Sonya Wafters, Associate City Planner SUBJECT: Arch Rock Subdivision -Time Extension (TEC-12-005) L APPLICATION SUMMARY The applicant, Mason & Stanfield, Inc., requests approval of a two (2) year time extension on the preliminary plat for Arch Rock Subdivision in order to obtain the City Engineer's signature on the final plat. The subject preliminary plat consists of 26 single-family residential building lots and 3 common lots on 4.78 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 that the original owner did not commence construction due to the lack of lot and home sales. RDH Homes recently acquired the property and plans to start construction soon. 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 Arch Rock Subdivision as requested by the applicant, to expire February 27, 2014. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number TEC-12- 005, as presented in the staff report for the hearing date of March 27, 2012. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TEC-12- 005, as presented during the hearing on March 27, 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- 12-005 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 at 4550 N. Linder Road on the east side of N. Linder Road, south of W. McMillan Road, in the northwest'/4 of Section 36, Township 4 North, Range 1 West. B. Owner: CTD Development, LLC 3313 W. Cherry Lane #437 Meridian, ID 83642 TE-10-021 Arch Rock PP TE.doc 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 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: March 5, and 19, 2012 C. Radius notices mailed to properties within 300 feet on: March 1, 2012 D. Applicant posted notice on site by: March 5, and 19, 2012 VII. HISTORY OF PREVIOUS ACTIONS: • This 4.78 acre property was annexed and zoned (AZ-06-060) R-8 and R-15 and a preliminary plat (PP-06-061) was approved by City Council for Arch Rock Subdivision on February 27, 2007. A development agreement was not required with the annexation. Per the conditions of approval, the preliminary plat would have expired on February 27, 2009 if a time extension had not been granted. • An 18-month time extension (TE-08-030) to obtain the City Engineer's signature on the final plat was approved by the Director on January 8, 2009 and expired on August 27, 2010. • A final plat application (FP-07-016) was approved by City Council on April 17, 2007 but has not yet received City Engineer signature as required by UDC 11-6B-7. • A second 18-month time extension (TE-10-021) was approved by City Council on October 26, 2010 and expired on February 27, 2012. VIII. STAFF ANALYSIS This is the second time extension requested for approval by City Council. An 18-month time extension was previously granted by Council but has now expired. The Applicant has met the necessary deadline by filing a written request for a time extension before the preliminary plat expired. A development agreement was not required with annexation of this property. However, building elevations for future structures on the site were approved by Council at the public hearing for the annexation and plat (see Exhibit A.3). The applicant submitted a statement dated 1/8/09, indicating the proposed structures on the site will substantially comply with the aforementioned elevations. There are no pathways depicted on the Parks Department's Master Pathways Plan for this property. Council did not include any new conditions of approval with the previous time extensions. TE-10-021 Arch Rock PP TE.doc Page 2 EXHIBIT A Since the last extension, the Unified Development Code (UDC) 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 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. Additionally, since the preliminary plat was approved, the UDC has been amended to require administrative design review for all new attached residential structures containing two or more dwelling units, in accord with UDC 11-SB-8B.2. Staff recommends this requirement be included as a condition of approval of the current time extension request. The applicant shall also comply with all previous conditions of approval for this site. V. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Preliminary Plat (dated: 11/8/06) 3. Elevations Approved by City Council on 2/27/07 TE-10-021 Arch Rock PP TE.doc Page 3 EXHIBIT A Exhibit A.1-Vicinity Map TE-10-021 Arch Rock PP TE.doc Page 4 EXHIBIT A Exhibit A.2 -Approved Preliminary Plat (dated: 11/8/06) .. _ ~ - ~~~ z.-.~ a~p'~+M ~~ ~ 10 1 .. _ l+bwu~ Apra -~._ _. "' ~ -- try fA u ~~ ;~ t~„ ~ arw~irr,. T r !' r ~, ~Ilrrt, rrAproR sn~ns ~s~ ~ ~~ ,. ~ A w.0u~us ~ar+ ~ B role rws cr r l ~ ~I' wa a ~~~ .i~a ~' M~pr.N~R,_ _... • w~aer wi+s ;~. ~~ ewwraor ~-rPF ~~ ~ ~ Mr'~ww~ort~twrr.. ~~~ ~~~~ ~r ~ ~~ .. ~e~pl~+~ts ~ "~'~ l ~, aonKranaA wn ~+Y~c er arik ~w ,~ ~ y fiCY~u lt,~'r ~o l !fir ~1...,lIR'tlp s ~~~ TE-10-021 Arch Rock PP TE.doc Page 5 EXHIBIT A Exhibit A.3 -Elevations Approved by City Council on 2/27/07 ~. ~~ ~ . ~ . .', U R D I V 1 S f 47 N ti r~i~rcl ;.~R>i2u 6r Torrr~u.Ai ae+i: l.oS A. r, __ }k. ~:; : t, .lip:. ~ 13>~Yr 17, ~ . ! } 1,=ar i.=1'rtr An~„ Lh~u~ai~- _ ~,.. ~:..au Ir 3..~t. ,6; . {;.rntnrrri Lr.~.:F •f~uarutri 1x r ?,i-~~41a.;`t.. ktun~c~ & Ai~it xeit':+~s: rdi ;.t t„~ l:u-,i gip: •St°1r,r.li+ t.c;.+rtil3n;a•-,<haitiq~r i d'a t`i+.•a t Y~ud.I .arr:L~ , tic • 1lunro•ss~c a 1~;nciall r # r+tY• :a•.lly Af~an~r~'ul • f 3crr ! ; ~> \exr rd I'!::ddi~ (3~:ni 13 xa r.,. ~t~~t.uttic nia~r~~:~i_r.i.~ .~:. _y , _ e -•---. .~` ~~ . .' "- ~~~~: TE-10-021 Arch Rock PP TE.doc Page 6 EXHIBIT A Exhibit B -Conditions of Approval 1. 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 Service for more information at 887-2211. 2. 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 ,years. 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. Administrative design review shall be required for all new single-family attached residential structures containing two or more dwelling units in accord with the design standards listed in UDC 11-3A-19 and the Meridian Design Manual, per UDC 11-SB-8B.2. TE-10-021 Arch Rock PP TE.doc Page 7 EXHIBIT A HEARING DATE: March 27, 2012 E IDIAN~-- TO: Mayor & City Council I D A H O FROM: Sonya Watters, Associate City Planner SUBJECT: Arch Rock Subdivision -Time Extension (TEC-12-005) I. APPLICATION SUMMARY The applicant, Mason & Stanfield, Inc., requests approval of a two (2) year time extension on the preliminary plat for Arch Rock Subdivision in order to obtain the City Engineer's signature on the final plat. The subject preliminary plat consists of 26 single-family residential building lots and 3 common lots on 4.78 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 that the original owner did not commence construction due to the lack of lot and home sales. RDH Homes recently acquired the property and plans to start construction soon. 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 Arch Rock Subdivision as requested by the applicant, to expire February 27, 2014. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number TEC-12- 005, as presented in the staff report for the hearing date of March 27, 2012. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TEC-12- 005, as presented during the hearing on March 27, 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- 12-005 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 at 4550 N. Linder Road on the east side of N. Linder Road, south of W. McMillan Road, in the northwest'/4 of Section 36, Township 4 North, Range 1 West. B. Owner: CTD Development, LLC 3313 W. Cherry Lane #437 Meridian, ID 83642 TE-10-021 Arch Rock PP TE.doc 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 applicant fails to obtain the City Engineer's signature on the final plat within two years of the approval of the preliminary plat. Per UD.C 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: March 5, and 19, 2012 C. Radius notices mailed to properties within 300 feet on: March 1, 2012 D. Applicant posted notice on site by: March 5, and 19, 2012 VII. HISTORY OF PREVIOUS ACTIONS: • This 4.78 acre property was annexed and zoned (AZ-06-060) R-8 and R-15 and a preliminary plat (PP-06-061) was approved by City Council for Arch Rock Subdivision on February 27, 2007. A development agreement was not required with the annexation. Per the conditions of approval, the preliminary plat would have expired on February 27, 2009 if a time extension had not been granted. • An 18-month time extension (TE-08-030) to obtain the City Engineer's signature on the final plat was approved by the Director on January 8, 2009 and expired on August 27, 2010. • A final plat application (FP-07-016) was approved by City Council on April 17, 2007 but has not yet received City Engineer signature as required by UDC 11-6B-7. • A second 18-month time extension (TE-10-021) was approved by City Council on October 26, 2010 and expired on February 27, 2012. VIII. STAFF ANALYSIS This is the second time extension requested for approval by City Council. An 18-month time extension was previously granted by Council but has now expired. The Applicant has met the necessary deadline by filing a written request for a time extension before the preliminary plat expired. A development agreement was not required with annexation of this property. However, building elevations for future structures on the site were approved by Council at the public hearing for the annexation and plat (see Exhibit A.3). The applicant submitted a statement dated 1/8/09, indicating the proposed structures on the site will substantially comply with the aforementioned elevations. There are no pathways depicted on the Parks Department's Master Pathways Plan for this property. Council did not include any new conditions of approval with the previous time extensions. TE-10-021 Arch Rock PP TE.doc Page 2 EXHIBIT A Since the last extension, the Unified Development Code (UDC) 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 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. Additionally, since the preliminary plat was approved, the UDC has been amended to require administrative design review for all new attached residential structures containing two or more dwelling units, in accord with UDC 11-SB-8B.2. Staff recommends this requirement be included as a condition of approval of the current time extension request. The applicant shall also comply with all previous conditions of approval for this site. V. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Preliminary Plat (dated: 11/8/06) 3. Elevations Approved by City Council on 2/27/07 TE-10-021 Arch Rock PP TE.doc Page 3 EXHIBIT A Exhibit A.1-Vicinity Map ~~®~~~~ TE-10-021 Arch Rock PP TE.doc Page 4 EXHIBIT A Exhibit A.2 -Approved Preliminary Plat (dated: 11/8/06) • _ nr L ... _ ~ ... ~ ' soya wt~r A p~ ~ iy I~NUnW1: ~a:~ir'. '!~ w ~.~,~~ 7st.RY i ~' I !~ ~-If' ~-e..r +U;.te...L Arw..raw w.. / a' r_, ~- N yll' X rYr M amt ~ r „ r ~ r ~wr ~.~ ~r w -~~., ~.rlhElIMYM7gie ~iGl~lW Aa ftµpr~i/ ArY~K41 ~'+ ~ Asia f !.'.. ~• ~~,.. ~ i •M ~ M M~ ~ ~wiMOrF 9~ )~PIM. ~4' ~ w ~ """' `"~` ~ : ~ `"" M~M r ~It~e. nr # a.a.r~ ~~ „~ Mawr .a; Manaw taw. ~~ ~.~,.~~ ~~~ ~~ •~,~ .~. w.. TE-10-021 Arch Rock PP TE.doc Page 5 EXHIBIT A Exhibit A.3 -Elevations Approved by City Council on 2/27/07 _ ~•~ t e R l V 1 S )~ N +,: nlydt a- ~[ 1 r ~ n w: ~Cn nt~l" htdi. rt Rl~l .}mt <t1 1 ~ Z., t A. ~ I \I. ~ 11 t is I i„~:t It t,..t,l.„tlt::.ali„y+. •l i.. Cl Sir ':L; fr. • l t I! t ~ 1 j7°u"Iti 1 I I t Pi I i Yt ° 1 15..x. I't. • t nrnu;~ I t vuu;iu~x, ,lr ;:~,:; ~.r15x . ~ z. ~U lilt\ 55'u .F11I31 Apl l l~: (1 I.iFI ~ it I t'.. it+t ~tr,1n ttt t. t~5lvu~lz-,a.nrigar A 1 t. ~ ~ vd Y tn.l= ~ 11 ti a :vat ~ ~~~tat <r tt =~tt ~ )h; 11;elir_ul (3 •t I .~,? \su rd I ~, ~Jt Ul,rn 11xu-<• ~ .~_ 1. ~ ~ ~ ~ t . --- i«' ~ ~ ~ ~'~ ~ ~! ~~yyY ~ ~ ~ ~~ i i ~~: t~i~p ~ i '' : M'' ~ .~f .. ~ .. S t ~ it "i~ .f`yy •:'T-- --fir r ~.~ ~r+g;.•~~t ~~ ~`~ q....,, ^'!,,5 i F t. # t y. d ~ i ~ ~ ~ ~ E~~~s ~ ~ ~ , k'~ / ipip~~, T ~. ~ 1 : , . t4 i ~ 4 I ' . € hQ i i ~ e ' .. }~ ., i ~ r 4 ~ 1 t y , ~~ ~~ it =• : ,r . ~'~ "°"'~ ~r ~ ~*'4 . j ~:, attwa' ~ ' _„~ ,. . ;~ ':z - ilp: ,z..~~= . ~ ~:.- Y ~ 4 1 6. !, i x ft H _a TE-10-021 Arch Rock PP TE.doc Pale 6 ... ~ o~~~~~_ M~.. ~x '° EXHIBIT A Exhibit B -Conditions of Approval 1. 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 Service for more information at 887-2211. 2. 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 ,years. 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. Administrative design review shall be required for all new single-family attached residential structures containing two or more dwelling units in accord with the design standards listed in UDC 11-3A-19 and the Meridian Design Manual, per UDC 11-SB-8B.2. TE-10-021 Arch Rock PP TE.doc Page 7