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Baraya Subdivision TEC-13-001BEFORE THE MERIDIAN CITY COUNCIL C/C FEBRUARY 19, 2013 IN THE MATTER OF THE REQUEST FOR A TWO (2) YEAR TIME EXTENSION ON THE PRELIMINARY PLAT FOR BARAYA SUBDIVISION IN ORDER TO OBTAIN THE CITY ENGINEER'S SIGNATURE ON THE FINAL PLAT, LOCATED IN SECTION 15, T.3N., R.1W, MERIDIAN, IDAHO CASE NO. TEC-13-001 ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION BY: DYVER DEVELOPMENT APPLICANT This matter coming on regularly before the City Council on February 19, 2013, 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 Baraya Subdivision, which preliminary plat was originally approved on July 10, 2007, as provided in Unified Development Code § 11-6B-7C, and good cause shown. A two (2) year time extension (TE-11-001) was previously approved for this subdivision by the City Council on February 15, 2011 and would have otherwise expired on January 10, 2013. IT IS HEREBY ORDERED THAT: The above named applicant is granted an additional two (2) year extended period of time, until January 10, 2015, within which to obtain the City Engineer's signature on the final plat, subject to the conditions of approval as shown in the attached Staff Report for the hearing date of February 19, 2013, incorporated by reference. ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR BARAYA SUBDNISION TEC-13-001 Page 1 of 2 Attached: Staff Report for the hearing date of February 19, 2013 ~f?~- By the action of the City Council at its regular meeting on the ~ day of ~~ , 2013. DATED this Jr~~ day of , 2013 Mayor a y de Weerd Attest: ~01~2~'DAU4US .G~¢ rJJ 0 w GYV O{ E IDIAN~ IDAHO ycee olman, City Clerk ~ SEAL ~; =Fy~~~ ,,,,~~~~ ~f ~~e TREnSU~ Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. , ;. BY: ~" Dated:_ ~-I C~'~C~'1 ~k ~ Z(~ ~ ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR BARAYA SUBDIVISION TEGI3-001 Page 2 of 2 EXHIBIT A HEARING DATE: February 19, 2013 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner SUBJECT: TEC-13-001 -Baraya Subdivision I. APPLICATION SUMMARY E IDIAN~-- 1DAH0 The applicant, Dyver Development, requests approval of a third time extension for the preliminary plat of Baraya Subdivision in order to obtain the City Engineer's signature on a final plat. II. STAFF RECOMMENDATION Staff recommends approval of a two year time extension to obtain the City Engineer's signature on a final plat for Baraya Subdivision as requested by the applicant, to expire on January 10, 2015. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number TEC-13- 001, aspresented in the staff report for the hearing date of February 19, 2013. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TEC-13- 001, as presented during the hearing on February 19, 2013 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- 13-001 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: Baraya Subdivision is located at 3935 W. Franklin Road and 280 S. Black Cat Road on the south side of Franklin Road, just east of Black Cat Road, in the northern portion of Section 15, Township 3 North, Range 1 West B.M. (See Exhibit A.1). B. Owner: Dyver Development 1977 E. Overland Road Meridian, ID 83642 C. Applicant: Same as owner Baraya Subdivision -TEC-13-001 Page 1 EXHIBIT A D. Representative: Matt Schultz 2127 S. Alaska Way Meridian, ID 83642 (208-880-1695) E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. UNIFIED DEVELOPMENT CODE Per UDC 11-6B-7, 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. 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 2 years. Additional time extensions up to 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: January 28, and February 11, 2013 C. Radius notices mailed to properties within 300 feet on: January 24, 2013 D. Applicant posted notice on site by: February 8, 2013 VII. HISTORY OF PREVIOUS ACTIONS: • The Annexation and Zoning (AZ-06-061) and Preliminary Plat (PP-06-062) for Baraya Subdivision were approved by the Meridian City Council on July 10, 2007. The Development Agreement (instrument no. 107123289) was approved by City Council August 28, 2007. The subject Preliminary Plat is 92.66 acres in size and consists of 334 single-family residential lots, 28 common lots, and 1 school lot in the R-8 and R-15 zones and 2multi-family and 2 common lots in the R-40 zone. • Two (2) final plats for Baraya Subdivision (FP-07-030 & FP-07-031) were approved October 16, 2007 but have not yet been signed by the City Engineer. The first phase consists of 50 single- family building lots and 14 common lots on 10.10 acres in an R-15 zone. The second phase consists of 50 single family lots and 1 common lot on 10.55 acres in an R-8 zone. • On May 20, 2009, an 18 month time extension (TE-09-015) was approved by the Planning Department for the applicant to obtain the City Engineer's signature on the first phase of the final plat (set to expire on January 10, 2011). As a condition of approval of the time extension, future townhomes are subject to administrative design review (DES) and certificate of zoning compliance (CZC) approval. • A subsequent two (2) year time extension (TE-11-001) was granted by Council on February 15, 2011. Baraya Subdivision - TEC-13-001 Page 2 EXHIBIT A VIII. STAFF ANALYSIS This is the second Council-level time extension requested by the applicant. The applicant has met the necessary deadline by filing a written request for a time extension before the preliminary plat expired. 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 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. The property owner is also 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 duration of two years. In addition to the new surety requirements, the City has adopted new street light standards. Previous time extensions did not require compliance with these new standards. Therefore, Staff recommends new conditions that require compliance with the new street light standards and surety requirements noted above (see Exhibit B). The applicant shall also comply with all previous conditions of approval for this site. IV. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Site Design 3. Approved Sample Elevations B. Conditions of Approval Baraya Subdivision - TEC-13-001 Page 3 EXHIBIT A Exhibit A.1-Vicinity Map Baraya Subdivision - TEC-13-001 Page 4 EXHIBIT A Exhibit A.2 -Approved Site Design F' ~ 0 ~ ~ fGRdol ~'M''.ro ~ f Baraya Subdivision - TEC-13-001 Page 5 EXHIBIT A Baraya Subdivision - TEC-13-001 Page 6 Exhibit A.3 -Approved Sample Elevations EXHIBIT A Baraya Subdivision - TEG13-001 Page 7 EXHIBIT A Exhibit B -Conditions of Approval 1. Applicant is to meet all terms of the approved annexation (AZ-06-061), development agreement (#107123289), preliminary plat (PP-06-062), final plats (FP-07-030 and FP-07-031), TE-09-015 and TE-11-OOlfor this development. 2. The applicant shall have two (2) years, until January 10, 2015, to obtain the city engineer's signature and satisfy any applicable requirements set forth in the conditions of approval. 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 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 (2) 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 for more information at 887-2211. 5. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval. Street lighting is required at intersections, corners, cul-de- sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. Baraya Subdivision - TEC-13-001 Page 8