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Browning Plaza Subdivision TEC-12-008BEFORE THE MERIDIAN CITY COUNCIL C/C MAY 1, 2012 IN THE MATTER OF THE REQUEST FOR A TWO (2) YEAR TIME EXTENSION ON THE PRELIMINARY PLAT FOR BROWNING PLAZA SUBDIVISION IN ORDER TO OBTAIN THE CITY ENGINEER'S SIGNATURE ON THE FINAL PLAT, LOCATED IN SECTION 13, T.3N., R.1 W, MERIDIAN, IDAHO CASE NO. TEC-12-008 ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION BY: SLN PLANNINGBOISE WALTMAN, LLC APPLICANT This matter coming on regularly before the City Council on May 1, 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 Browning Plaza Subdivision, which preliminary plat was originally approved on October 7, 2008, as provided in Unified Development Code § 11-6B-7C, and good cause shown. An administrative time extension (TE-10-028) for eighteen (18) months was previously approved for this subdivision by the Planning Director on October 8, 2010 and would have otherwise expired on April 7, 2012. IT IS HEREBY ORDERED THAT: The above named Applicant is granted an additional two (2) year extended period of time, ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR BROWNING PLAZA SUBDNISION TEC-12-008 Page 1 of 2 until A ril 7 2014, within which to obtain the City Engineer's signature on the final plat, p sub' ect to the conditions of approval as shown in the attached Staff Report for the hearing J date of May 1, 2012, incorporated by reference. Attached: Staff Report for the hearing date of May 1, 2012 . ~`' ' ncil at its re ular meetin on the ~ day of By the action of the City Cou g g 2012. DATED this ~0~ day of , 2012 Mayor my rd Attest: `~(/ Jaycee lman, City Clerk ~¢A~ED A UG~S Q~ rl 0 ~~~ j ~ City of ~' IDIAN~ IDA110 w mil' SF.~L ~, ofr~eTA@A~~4 Co served u on the A licant, Planning Department, Public Works Department, and City pY p pp Attorney. By; Dated: ~• I"'1 • IZ. ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR BROWNING PLAZA SUBDIVISION TEC-12-008 Page 2 of 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT DATE: May 1, 2012 E IDIAN~-- TO: Mayor & City Council I D A H O FROM: Sonya Wafters, Associate City Planner SUBJECT: Browning Plaza Subdivision -Preliminary Plat Time Extension (File #TEC-12-008) I. APPLICATION SUMMARY The applicant, SLN PlanningBoise Waltman, LLC, requests approval of a two (2) year time extension on the preliminary plat for Browning Plaza Subdivision in order to obtain the City Engineer's signature on the final plat. The subject preliminary plat consists of 40 building lots and 2 common area lots on 38.21 acres of land. 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. IL 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 Apri17, 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- 008, as presented in the staff report for the hearing date of May 1, 2012. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TEC-12- 008, as presented during the hearing on May 1, 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- 12-008 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 generally located on the south side of W mile west of S. Meridian Road, in the southeast '/4 of Section West. B. Owner: Boise Waltman, LLC 970 W. Broadway #443 Jackson, WY 83001 . Waltman Ln., approximately '/o 13, Township 3 North, Range 1 Browning Plaza Sub TEC-12-008.doc Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT C. Applicant: SLN Planning/Boise Waltman, LLC 970 W. Broadway #443 Jackson, WY 83001 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: Apri19, and 23, 2012 C. Radius notices mailed to properties within 300 feet on: Apri15, 2012 D. Applicant posted notice on site by: Apri120, 2012 VII. HISTORY OF PREVIOUS ACTIONS: • The annexation (AZ-06-063) and preliminary plat (PP-08-001) for Browning Plaza Subdivision (aka Waltman Properly) were approved by the Meridian City Council on October 7, 2008. The development agreement (Instrument # 108131100) was approved by the City Council on October 7, 2008. • An 18-month time extension (TE-10-028) to obtain the City Engineer's signature on the final plat was approved by the Director on October 8, 2010. This approval extended the period of time until Apri17, 2012 in which to obtain the City Engineer's signature on the final plat. VIII. STAFF ANALYSIS The applicant requests a two (2) year time extension on the preliminary plat for Browning Plaza Subdivision in order to obtain the City Engineer's signature on the final plat. This is the second time extension requested for this subdivision. Per UDC 11-6B-7C, with all extensions, the City Council may require the preliminary plat to comply with current provisions of the UDC. Since the preliminary plat was approved, there have been some changes to the Meridian Pathways Network Map contained in the Meridian Pathways Master Plan which may affect the ultimate location of the multi-use pathway(s) on the site. Therefore, staff recommends as a condition of the subject time extension that the design and construction of the multi- use pathway(s) planned for this site be consistent with the Meridian Pathways Master Plan at the time of development. Browning Plaza Sub TEC-12-008.doc Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Additionally, since the last extension, the 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. Staff recommends approval of the subject time extension with the conditions noted above. V. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Preliminary Plat B. Conditions of Approval Browning Plaza Sub TEC-12-008.doc Page 3 CITY OF MF,RIDIAN PLANNING DEPARTMI;N'1~ STAPP REPORT Exhibit A1-Vicinity Map Browning Plaza Sub TEC-12-008.doc Page 4 CI"CY OP MERIDIAN PLANNING llEPAR'1'MLN"1' STAFF REPORT `11A __.;___~ % ~~..~ 1 ~ -:r 1 ti,~ .,1 ~ Exhibit A.2 -Approved Preliminary Plat r` Browning Plaza Sub TEC-12-008.doc u..un .. ,....... ~~•.....~o...M..~a.. ...r., ~...~ .. .. r.n.v~ s.,n r".. ~r.v~r ~,r aw O~ ~ ~ ~. r ' _ ~ - ±._ _- ~ T. .... Lb_ .._._.... «. a~ 1•.r war.r..nr.~ Page 5 y! La N $ A~ R a ~ ~~ m ~tt -RtLIMINARV -LAT or TNt iROWNHO -LA=A iWgVlipN i1TUA7fO 1N A PORTION O- Tlii NW 1K. it 1M ilGf10N tE. TOYVNiNI- t MORTM. RANOi 7 WiiT, iOliE MERIOMN. AOA OOiJN7Y, IDANO IIOOT 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-06-063), Development Agreement (Instrument No. 108131100), Preliminary Plat (PP-08-001), and Time Extension (TE- 10-028) for this development. 2. The location(s), design and construction of the multi-use pathway(s) planned for this site shall be consistent with the Meridian Pathways Master Plan at the time of development. 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 Service for more information at 887-2211. 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 ,~. 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. 5. 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. Browning Plaza Sub TEC-12-008.doc Page 6