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Three Corners Subdivision TEC-12-009BEFORE THE MERIDIAN CITY COUNCIL C/C SEPTEMBER 25, 2012 IN THE MATTER OF THE REQUEST FOR A TWO (2) YEAR TIME EXTENSION ON THE PRELIMINARY PLAT FOR THREE CORNERS SUBDIVISION IN ORDER TO OBTAIN THE CITY ENGINEER'S SIGNATURE ON THE FINAL PLAT, LOCATED IN SECTION 29, T.4N., R.lE, MERIDIAN, IDAHO CASE NO. TEC-12-009 ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION BY: THREE CORNERS, LLC APPLICANT This matter coming on regularly before the City Council on September 25, 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 second final plat for Three Corners Subdivision, which preliminary plat was originally approved on January 8, 2008, as provided in Unified Development Code § 11-6B-7C, and good cause shown. An administrative time extension (TE-10-024) was approved for this subdivision by the Planning Director on September 22, 2010 and would have otherwise expired on September 16, 2012. IT IS HEREBY ORDERED THAT: The above named Applicant is granted an additional two (2) year extended period of time, until September 16, 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 September 25, 2012, incorporated by reference. ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR THREE CORNERS SUBDNISION TEC-12-009 Page 1 of 2 Attached: Staff Report for the hearing date of September 25, 2012 B the action of the City Council at its regular meeting on the day of Y 2012. DATED this a`~- day of ~ ~3Q,.~Z. , 2012 C'.~~%'vv~/,~ Mayor my de Weerd Attest: ~Q~A~'~D A UG~sT G`~4 l ~~ w~ a~ City of E IDIAN~ ` IDAHO Jaycee olman, City Cle ~ w ~~ SEAL ,~ ,y~~~ ® ~4~a~ ~~he'f~F.p9 Co y served upon the Applicant, arming Department, Public Works Department, and City p Attorney. gy; Dated: ~P~t~l-,ear Q' ~. l~ I z ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR THREE CORNERS SUBDIVISION TEC-12-009 Page 2 of 2 EXHIBIT A HEARING DATE: September 25, 2012 ?010 E IDI,~1~J~~-- TO: Mayor and City Council 1 Q A H O FROM: Bill Parsons, Associate City Planner SUBJECT: Three Corners Subdivision -TEC-12-009 L APPLICATION SUMMARY The applicant, Three Corners, LLC, requests approval of a two (2) year time extension to obtain the City Engineer's signature on the final plat for Three Corners Subdivision No. 2. 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 Three Corners Subdivision No. 2 as requested by the applicant, to expire September 16, 2014, with the conditions included in Exhibit B. III. PROPOSED MOTION Approval After considering all staff, applicant, and public testimony, I move to approve File Number TEC-12- 009, as presented in the staff report for the hearing date of September 25, 2012. Denial After considering all staff, applicant, and public testimony, I move to deny File Number TEC-12-009, as presented during the hearing on September 25, 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- 009 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 on the southeast corner of Chinden Boulevard and N. Locust Grove in the NW '/4 of Section 29, T.4N., R.IE. B. Owner: Three Corners, LLC 1746 E. Dunwoody Court Meridian, ID 83646 C. Applicant: Same as owner D. Applicant's Statement/Justification: Please see applicant's narrative for this information. Three Corners Subdivision -TEC-12-009 Page 1 EXHIBIT A 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: September 3, and 17, 2012 C. Radius notices mailed to properties within 300 feet on: August 30, 2012 D. Applicant posted notice on site by: September 14, 2012 VII. HISTORY OF PREVIOUS ACTIONS • The Annexation (AZ-07-017) and preliminary plat (PP-07-021) for the Three Corners Subdivision was approved as a mixed use development by the Meridian City Council on January 8, 2008. The preliminary plat consists of 33 residential lots, 11 commercial lots and 10 common lots. A development agreement (DA) was required with the annexation of the property (# 108022887). • The City Council approved the final plat (FP-08-006) for the first phase on Apri122, 2008 and the City Engineer signed the plat on March 16, 2009. The subject plat consists of 1 commercial lot on 8.68 acres. This phase of the plat is developed with a private education facility. • A subsequent final plat (FP-08-019) was approved by City Council on January 6, 2009. The subject plat consists of 5 commercial lots and 5 common lots on 6.35 acres however, the plat has not received City Engineer's signature. • An 18-month time extension (TE-10-024) to obtain the City Engineer's signature on the final plat was approved by the Director on September 22, 2010. VIII. STAFF ANALYSIS This is the second time extension requested by the applicant. The applicant has met the necessary deadline by filing a written request for a time extension prior to the expiration date. Both the recorded development agreement and the previous time extension require compliance with the City's adopted design review process and compliance with any ordinances in effect at the time of development. 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. In 2011, the City adopted new surety requirements to obtain City Engineer's signature on the final plat. If utilities are not installed, the new ordinance requires a 125% performance surety for all improvements related to public life, safety and health subject to a 20% warranty surety for all such improvements for the duration of two (2) years. At this time, City Three Corners Subdivision - TEC-12-009 Page 2 EXHIBIT A services have the applicant -t been constructed on the site. In order to obtain City Engineer's signature on the plat ist 1) install the infrastructure or 2) post surety for the improvements. Additionally, t e City has identified this site for a future entryway monument sign to be located on the southeast odrer of Chinden Boulevard and Locust Grove. Since the second phase includes the property desi ated for the signage, staff is of the opinion that the entryway monument sign should be incorporated a part of the development. It is important to note that the final design and construction specifications ave not been finalized but draft documents are currently under review. Staff recomm nds approval of the time extension .subject to compliance with the City surety regulations in ccord with UDC 11-SC-3 and the construction and maintenance of a new entryway monument sig as part of second phase of development (see the new conditions in Exhibit B). The applicant shall also comply with all previous conditions of approval for this site. IX. EXHIBITS A. Drawings 1. Vicin 2. Appr< 3. Apprc 4. Apprc B. Condition Map d Preliminary plat d Final Plat d Landscape plan of Approval Three Corners Subdivision - TEC-12-009 Page 3 EXHIBIT A Exhibit A.1 -Vicinity Map Three Corners Subdivision - TEC-12-009 Page 4 EXHIBIT A Exhibit A.2 -Approved Preliminary Plat .~. ..... wr.~{ ~.~. ,~.`~ %~ • ~prnmas*~~- ~ws~ur~~rra • rtrs~aavsa~us-....,...• • /iiOR!lVAf/I!J!r ~~ ~w i s '~ C E ! ~ 3"' ~.. jE # wE iii i~~ I' Three Corners Subdivision - TEC-12-009 Page 5 PRELn1IIQAItY PLT TSREE CORNERS SUHD19[S[ON Loca'rss iN ~ xomatsar Yvnazss a eecttott so. 1mrN~a a Notes. sucas t roar. sods tnnstsnx. nt~ t~ovNer. tango ...,.,., ocrosss, soar EXHIBIT A Exhibit A.3 -Approved Final Plat THREE CORNERS SUBDIVISION NQ. 2 LOCATED IN THE NB 1/4 OF THE Nlf i/4 OF SECTION 29, TOXNSHIP 4 NORTH, RANGE 1 EAST, HOISE 1[ERIDIAN CITY OF i[ERIDIAN, ADA COUNTY, IDAHO 2008 19 20 ~.,~ .+~ a s~ ~..s,,~w,..~ ~-• _ - - E s. cent so wav~ ~+,:~.,ti ~ .mow>, - ~ ~~.::.;~ i I r; i _ ,_ _. ~ _ - _ _.... ,. ._., i _ m gun v,sr.. k VNJ ... _ _-__ i K rt. k wL55aR iwr,«~p u, pr ~ (.«55KM ~ saWS « _... .._ - _ ._ ....._ _......_ _. ... _.. 1 i } 7 ~ & g Q w ' ~ ~r € ~ F , ~ O £ E k sir Q '~c~ 5 7 . . sw /IOOIf • i , k ~ ~ i OO r ~` x ~+ ra iiinN.n au ~ aan ~° O ~ ; ~- ~ tt s I ~ ~ ~ a, ~ a t O ~ ~ / ~ wwrtc / ~ 3 i _ _~ 7 1 ~» ~ ~« e n ~' ~ wnmw.... ... e _ __ _~ _y .1..f 7 ~ .~ i ,~., ~•.~ •~ ~ws~v suw~ T«piE C~MMM0.5r SIAdNS10N NQ. 1 9 ~ BLOPC t f 6~ r «.~yy tll~~ M.~~M~M~I tYyi~p'T[~~[~~~ CI/,~IIA ~ lif IYI t N YA 1wM~ q, l' eeC ~ ~S MeR ,MIS w~M M M iii My~IFi+~riw~iOs wZ.~~w...~s wirrr :~~r~~..,~`a ,t ~n~•YigY1 lxKa~afr~~•. IIlA.Iy• ~Y~IO Mln r I~M~p~~w~Fyy~~~P, Or.M 1 MY~ l.~MrI1t II~pO.. ~iWAM ~~M _•R tiers we r wwwa ~ .c s w3ert~" um ir~~Or~e~iwxM~•• m~~iis~ r.~ o ~r~is YO "m~Se~°sT~iO s°w is a~` as rrr u r . -- - yam. W1>~ ~ A .. _ • } T eyYelrM~M.«u ra. YAK w~ w M/K w, N two .M w.w.,«wew fOOS ~r. ~.s. .u ww w.e ar «.Ln ~fiM-mom ~ 6OIRlY! im~ ~ (wail N~.1/II..IMhW YLR ~ ""'~' 91sT N0. 1 W 4 Three Corners Subdivision - TEC-12-009 Page 6 EXHIBIT A Exhibit A.4 -Approved Landscape Plan Three Corners Subdivision - TEC-12-009 Page 7 EXHIBIT A Exhibit B -Conditions of Approval 1. Applicant is to meet all terms of the approved annexation (AZ-07-017), development agreement (#108022887), preliminary plat (PP-07-021), final plats (FP-08-006 and FP-08-019) and TE-10- 024 for this development. 2. The applicant shall have two (2) years, until September 16, 2014, to obtain the city engineer's signature and satisfy any applicable requirements set forth in the conditions of approval. 3. }~~ ~:..~* ro.~.r:c~te c~~ Prior to signature on the final plat. the applicant shall nav 50% of the sign cost (not to exceed $5000.001 for an entr~vav monument sign on the southwest corner of Chinden Boulevard and N Locust Grove Road. The applicant volunteered at the public hearing to nav half the cost of the Bien. 4. 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 for more information at 887-2211. 5. 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 (2Zyears. 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 for more information at 887-2211. Three Corners Subdivision - TEC-12-009 Page 8