Solitude Subdivision TEC-12-007BEFORE THE MERIDIAN CITY COUNCIL
C/C APRIL 24, 2012
IN THE MATTER OF THE
REQUEST FOR A TWO (2) YEAR
TIME EXTENSION ON THE
PRELIMINARY PLAT FOR
SOLITUDE SUBDIVISION IN
ORDER TO OBTAIN THE CITY
ENGINEER'S SIGNATURE ON
THE FINAL PLAT, LOCATED IN
SECTION 31, T.4N., R.lE,
MERIDIAN, IDAHO
CASE NO. TEC-12-007
ORDER OF CONDITIONAL
APPROVAL OF TIME EXTENSION
BY: M2 LAND, LLC
APPLICANT
This matter coming on regularly before the City Council on Apri124, 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 Solitude
Subdivision, which preliminary plat was originally approved on April 11, 2006, as provided in
Unified Development Code § 11-6B-7C, and good cause shown. An administrative time
extension (TE-08-023) for eighteen (18) months was approved for this subdivision by the
Planning Director on October 22, 2008 and would have otherwise expired on March 28, 2010. A
final plat was signed by the City Engineer on March 25, 2010, within the time period allowed,
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR SOLITUDE SUBDNISION TEC-12-007
Page 1 of 2
which extended the time period to March 25, 2012 to obtain the City Engineer's signature on the
final plat for the next phase of development.
IT IS HEREBY ORDERED THAT:
The above named Applicant is granted an additional two (2) year extended period of time,
until March 25, 2014, within which to obtain the City Engineer's signature on a final plat,
subject to the conditions of approval as shown in the attached Staff Report for the hearing
date of Apri124, 2012, incorporated by reference.
Attached: Staff Report for the hearing date of Apri124, 2012
By the action of the City Council at its regular meeting on the $~- day of
2012.
DATED this , ~~~ day of , 2012
Mayo •• a my de Weerd
Attest: 3GO49oat,Tnonuc~~,'o
ow
n ~ c+ry of
\ IDPMO
aycee I~lman, City Clerk
Copy served upon the Applicant,
Attorney.
BY:
SEAL
,~n, rac
Department, Public Works Department, and City
Dated: ~ ~~
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR SOLITUDE SUBDIVISION TEC-12-007
Page 2 of 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
DATE: April 24, 2012 E IDIAN~--
TO: Mayor & City Council I D A H O
FROM: Sonya Watters, Associate City Planner
SUBJECT: Solitude Subdivision -Preliminary Plat Time Extension (File #TEC-12-007)
I. APPLICATION SUMMARY
The applicant, M2 Land, LLC, requests approval of a two (2) year time extension on the preliminary
plat for Solitude Subdivision to obtain the City Engineer's signature on the final plat.
The subject preliminary plat consists of 225 single-family residential building lots and 9 common
area lots on 59.88 acres of land. A total of 6.27 acres or 10.47% of the site is proposed as common
open space.
The Applicant has been unable to meet the time requirements specified in Unified Development Code
(UDC) 11-6B-7 and submitted the request for a time extension within the allowed time period.
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 Solitude Subdivision as requested by the applicant, to expire March 25, 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-
007, as presented in the staff report for the hearing date of Apri124, 2012.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number TEC-12-
007, as presented during the hearing on April 24, 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-
12-007 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 properly is generally located on the southeast corner of N. Meridian Road and E.
McMillan Road, in the northwest''/4 of Section 31, Township 4 North, Range 1 East.
B. Owner:
M2 Land, LLC
2228 W. Piazza Street
Meridian, ID 83646
C. Applicant:
Same as owner
Solitude Sub TEC-12-007.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-7B, In the event that 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 (2) years, may
be considered for final approval without resubmission for preliminary plat approval.
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: Apri12, and 16, 2012
C. Radius notices mailed to properties within 300 feet on: March 29, 2012
D. Applicant posted notice on site by: April 12, 2012
VII. HISTORY OF PREVIOUS ACTIONS:
• The annexation (AZ-06-007) and preliminary plat (PP-06-006) for Solitude Subdivision were
approved by the Meridian City Council on April 11, 2006. The development agreement
(Instrument # 106133466) was approved by the City Council on August 8, 2006.
• A final plat (FP-06-039) for the first phase of development was approved by City Council on
September 5, 2006 and signed by the City Engineer on March 28, 2007. The City Engineer's
signature was required to be obtained on the final plat for the second phase prior to September
28, 2008, within 18 months of the final plat for the first phase being signed.
• The final plat (FP-07-002) for the second phase of development was approved by City Council on
March 20, 2007.
• An 18-month time extension (TE-08-023) to obtain the City Engineer's signature on the second
phase final plat was approved with conditions by the Director on October 22, 2008. This approval
extended the period of time until March 28, 2010 in which to obtain the City Engineer's signature
on the final plat. The City Engineer signed the plat on March 25, 2010 within the time period
allowed. In accord with UDC 11-6B-7B, the applicant had two years from that date, until March
25, 2012, to obtain the City Engineer's signature on the final plat for the third phase or apply for
a time extension.
• An amendment (MDA-08-007) to the development agreement was approved by City Council on
July 28, 2009 and recorded as Instrument No. 109088810 as required by TE-08-023.
Solitude Sub TEC-12-007.doc Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
VIII. STAFF ANALYSIS
The applicant requests a two year time extension on the preliminary plat for Solitude Subdivision to
obtain the City Engineer's signature on the final plat for the third phase of development. This is the
second time extension requested for this subdivision.
As conditions of granting the first time extension, the development agreement (DA) was required to
be modified to include the building elevations presented at the. April 11, 2006 City Council hearing
for the annexation & zoning and preliminary plat applications; and a revised preliminary plat was
required to be submitted in compliance with open space requirements in effect at that time. The
applicant obtained the DA modification as required and submitted documentation demonstrating the
approved preliminary plat meets the 10% open space required in UDC 11-3G-3.
Per UDC 11-6B-7C, with all extensions, the City Council may require the preliminary plat to comply
with the current provisions of the UDC. Staff has reviewed the approved preliminary plat for
compliance with current UDC standards and found the proposed plat meets. current UDC standards
including minimum requirements for open space & site amenities; there are no multi-use pathways
planned for this property.
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
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.
Staff recommends approval of the subject time extension with the conditions noted above.
V. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Approved Preliminary Plat (dated: 1/13/06)
B. Conditions of Approval
Solitude Sub TEC-12-007.doc Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Exhibit A.1-Vicinity Map
Solitude Sub TEC-12-007.doc Page 4
CITY OF MERIDIAN PLANNING DEPAR"fMEN'I' S"1'AFF REPOR"T
Exhibit A.2 -Approved Preliminary Plat (dated: 1/13/06)
1
)E":.
~r~A
~i.
it ~rk
$ ~d)}~
ssnt~2rt T.
ypypkT,~Y
p
~FYfw
~_~~
mr ~ ~m
- - ~ - Yav Vt
wt
O -_~f--o- ww•ea cwwr Nn~
-P~-~n~--, mM YaY~ LL'wa h
~
~
5
`Y.~
~ y
_.
_ uK
•~~~~~~~•• Y~~toaOMr -- 1AS0a No n IIi[
~~ fvro¢c wx! ~.wsry
.___.~____ ties'aR wsLtw ut g
~ 1~~r
.. a ___ ' ~ M1n R1f.'P
Tit
avrw rn't.~ts ./W~ WtTT
..yf -~... ...
•••
.
.~~..... »..~...
wypy nA4N
....-.~. •...-- tatM ~wu uK _ a:ltcra SSnu
~ ! Sung urat R1Nixn rx
y
} :•
~
{ ~~i
f3ie
._... t
PRF11Y4NY EtAT MTA ~ Q +
w.~
tw ...
<
m
..,.. ...,
L :a
I
; V O
i
('
p:
n. ~, a. ,.,,,.,,»r .., W
~~_.
u~,.~.._ aves~.ntaaa~i.aa.. uv.x U ~
.`.705
~ t ~'
~~
1
~ ~
=_ .
.. P~
pp~~
F ~t
{
~<
t v
_._
e Dff
~
I e-
. __ _..._ ,. .
.
w
$
TYRICA: LOCAL STREET SECTI
' o~,b~ol~~
ON - SO
RIGHT-Of-WAY
PRE
Solitude Sub TEC-12-007.doc Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Exhibit B -Conditions of Approval
1. The applicant is to meet all terms of the approved Annexation (AZ-06-007), Development
Agreement (Instrument No. 106133466), amended Development Agreement (MDA-08-007,
Instrument #109088810), Preliminary Plat (PP-06-006), Final Plats (FP-06-039 & FP-07-002),
and Time Extension (TE-08-023) 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. 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
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.
4. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of
Meridian Department of Public Works Improvement Standards for Street Lighting. All street
lights shall be installed at developer's expense. Final design shall be submitted to the Public
Works Department for approved. The street light contractor shall obtain the approved design on
file and an electrical permit from the Public Works Department prior to commencing
installations. The contractor's work and materials shall conform to the ISPWC and the City of
Meridian Supplemental Specifications to the ISPWC.
Solitude Sub TEC-12-007.doc Page 6