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
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By the action of the City Council at its regular meeting on the ~ day of
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DATED this Jr~~ day of , 2013
Mayor a y de Weerd
Attest:
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Copy served upon the Applicant, Planning Department, Public Works Department, and City
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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
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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
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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