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Bellingham Park Subdivision TEC-13-003BEFORE THE MERIDIAN CITY COUNCIL C/C MAY 28, 2013 IN THE MATTER OF THE REQUEST FOR A ONE (1) YEAR TIME EXTENSION ON THE PRELIMINARY PLAT FOR BELLINGHAM PARK SUBDIVISION IN ORDER TO OBTAIN THE CITY ENGINEER'S SIGNATURE ON THE FOURTH PHASE OF THE FINAL PLAT, LOCATED IN SECTION 29, T.3N., R.lE, MERIDIAN, IDAHO BY: CONGER MANAGEMENT GROUP APPLICANT CASE NO. TEC-13-003 ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION This matter coming on regularly before the City Council on May 28, 2013, upon the Applicant's submittal of a preliminary plat time extension application for a year extension within which to obtain the City Engineer's signature on the fourth phase of the final plat for Bellingham Park Subdivision, which preliminary plat was originally approved on July 26, 2005, as provided in Unified Development Code § 11-6B-7C, and good cause shown. A two (2) year time extension (TEC-11-007) was previously approved for this subdivision by the City Council on October 18, 2011 and would have otherwise expired on July 3, 2013. IT IS HEREBY ORDERED THAT: The above named applicant is granted a year, until June 11, 2014, within which to obtain the City Engineer's signature on the final plat, subject to the conditions of approval as ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR BELLINGHAM PARK SUBDNISION TEC-13-003 Page 1 of 2 shown in the attached Staff Report for the hearing date of May 28, 2013, incorporated by reference. Attached: Staff Report for the hearing date of May 28, 2013 By the action of the City Council at its regular meeting on the ~~ ~ day of .e~i.~..~.~-- , 2013. DATED this ~ ~ day of , 2013 Attest: Copy ser Attorney. E~%G=~~d~1( Mayor Tar de Weerd Public Works Deparhnent, and City BY: Dated: ~~ l9YlP 1 ~ , ~Ol "~ ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR BELLINGHAM PARK SUBDIVISION TEC-13-003 Page 2 of 2 EXHIBIT A STAFF REPORT HEARING DATE: TO: FROM: SUBJECT: May 28, 2013 Mayor and City Council Bill Parsons, Associate City Planner 208-884-5533 TEC-13-003 -Bellingham Park E IDIAN~--~ 1DAN4 I. APPLICATION SUMMARY The applicant, Ship, LLC requests approval of a one year time extension (TEC) for Bellingham Park Subdivision in order to obtain the City Engineer's signature on Phase 4 of the final plat. II. STAFF RECOMMENDATION Staff recommends approval of the subject time extension, to expire on June 11, 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-13- 003, as presented in the staff report for the hearing date of May 28, 2013. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TEC-13- 003, as presented during the hearing on May 28, 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- 13-003 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 site is located approximately a'/4 mile east of S. Locust Grove Road and a'/4 mile north of E. Amity Road in the NE '/4 of the SW '/4 of Section 29, Township 3N, Range 1 E. B. Owner: Ship, LLC 738 S. Bridgeway, Suite #175 Eagle,lD 83616 C. Applicant: Conger Management Group 1627 S. Orchard Street, Suite #24 Boise, ID 83705 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. Bellingham Park Time Extension (TEC-13-003) Page 1 EXHIBIT A 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. Where 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 years, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filing by the applicant prior to the termination of the allowed time period, the City Council may authorize a time extension up to two years. With all extensions, the 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: May 6 and 20, 2013 C. Radius notices mailed to properties within 300 feet on: May 2, 2013 D. Applicant posted notice on site by: May 17, 2013 VII. HISTORY OF PREVIOUS ACTIONS: • The Annexation and Zoning (AZ-OS-007), Preliminary Plat (PP-OS-009), and Conditional Use Permit (CUP-OS-008) for Bellingham Park Subdivision were approved by the Meridian City Council on July 26, 2005. The Development Agreement (instrument no. 105134292) was required with annexation of the property. The approved preliminary plat consists of 166 residential lots and 22 common lots. • A Conditional Use Permit (CUP-OS-008) for a Planned Development was approved for this subdivision that allowed for reductions to the minimum requirements for street frontage (from 65 feet to 36 feet on non cul-de-sac lots) and lot size (from 6,500 s.f. to 4,140 s.f.). • In 2007, the Final Plat for Bellingham Subdivision No. 4 (FP-07-001) was approved. The final plat consists of 41 residential lots and 5 common lots on 11.85 acres. • An 18-month administrative time extension (TE-09-025) was also granted to allow signature on phase 4 of the final plat. • In 2011, Council granted the approval of a two year time extension (TBC-11-007) which is set to expire on July 3, 2013. VIII. STAFF ANALYSIS This is the third time extension requested for the subject plat. The first three phases have been constructed and this is the final phase needing to receive City Engineer's signature. The applicant has submitted updated construction to Land Development for review and approval however obtaining the City Engineer signature within the allotted time is not feasible. Since the updated plans are under review the applicant has only requested a one year time extension. 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 Bellingham Park Time Extension (TEC-13-003) Page 2 EXHIBIT A 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 2010 City of Meridian Sanitary Sewer Master Plan specifies the extension of the Ten Mile Trunk along the general alignment of Ten Mile Creek adjacent to the development's southwestern boundary. The applicant has requested to relocate the trunk line internal to the subdivision within the public right of ways. Applicant shall be responsible for all costs associated with the installation of the truck line. Applicant may be eligible for reimbursement per MCC 8-6-5. Staff has included new conditions of approval in Exhibit B for the subject time extension based on the aforementioned analysis. Further, all previous conditions of approval apply to the development. IX. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Final Plat 3. Approved Landscape Plan 4. Approved Elevations B. Conditions of Approval Bellingham Park Time Extension (TEC-13-003) Page 3 EXHIBIT A Bellingham Park Time Extension (TEC-13-003) Page 4 Exhibit A.1-Vicinity Map EXHIBIT A Exhibit A.2 -Approved Final Plat BELLINGHA~II PARK SUBDIVISION N0. 4 ~outtm w ,+x sr , . ~ 1/, T.iM., R.t~ R.M. NpMpAR. M~'CONITI; OAfld ~w .'tee a "'R~' ~ -"----- .stn ~ • ~rnaiw •- i1~~ • • • ~ ,~ ,~ • ~~; ~~~,~ m ~ ~ - _~ m ~ ~^ ® 7 . ~w ~ ~ ~ , C ~ ~ '~,\ ° ~ 3 E $~~~ SSE , . 7H axRRT , t'RR 1tiRtIB tto,u. ...,.. Bellingham Park Time Extension (TEC-13-003) Page 5 EXHIBIT A /UT 9M0Y9N0 BELLINCHAiY PARK SUBDIVISION N0. 4 M TiC. R/L,~/~M. 1109011/4 ~ 9>IYIE4 /1AT *19111116 BELLINCHAa[ P.ll~1C.~S,giUBDli/ISION N0. 4 ~`1rQla1N`"~~°~AOTM ~06911T'~61 D $~~ ~ i 5~ '~ • ~ sett SSE ~ ~ -" - i ~• ~. ..~ ,...a ~~~r • tea...-. ~~~ ~~ rs, ai ~- ',air ter: r. arr''~'~,ta~ 1a iKYi 1 ipt 1i~6 A90 MO1[t ~" i` r","~ 3 Bellingham Park Time Extension (TEC-13-003) Page 6 Q N1911D'RX ~~~r EXHIBIT A Exhibit A.3 -Approved Landscape Plan ' l ~ /..1~ f ~.. f `I }~' ~-..NP- - 765}, SC 'f.v I i .~.,~. , ~ - - ~ ~,~ ~g w. w „NN. SLSIAKINS [3> YNOOD ANJ WR!]IY+1!' IRrw FFTI.r..w ;\ ~~ ~.~- 2JM i~~ i PLANT SGHEDUL_ SM, <.O,.~ICN H44 9o'ANK~a. FNFE SIg C,TeNtD~l,si5__- _._ _ ,_. n~__ i~o-e+ceuvaow ~u irrev rcw~e e.n n xvi ~i i Oi W~,Sin m~w.iwiw9 YrGO.P > craio B.B t ~ +~oxmrrv NOTES ~P.~NPUFPO.,......~aaµ~r~+,KE LANDSCAPE GALGULATIONS N.,NEn p mPtS FNwivE~ a. CM.Ox,O„ b. REV°LOPMENT FEATURES _ ~IleyEn~neering,lnc. F~~urersnarACG, CMt ENGNFEAINB~PLANNNO~CADD +. , ~r4Riv~nR iCSbn CP~ie~1 ~.H Bellingham Park Time Extension (TEC-13-003) Page 7 EXHIBIT A Exhibit A.4 -Approved Elevations Bellingham Park Time Extension (TEC-13-003) Page 8 EXHIBIT A Exhibit B -Conditions of Approval The applicant is to meet all terms of the approved Annexation (AZ-OS-007), Development Agreement (instrument # 105134292), Preliminary Plat (PP-OS-009), Conditional Use Permit (CUP-OS-008), Final Plat (FP-07-001) and time extensions (TE-09-025 and TEC-11-007) for this development. 2. The applicant shall construct structures consistent with the attached elevations (see Exhibit A.4). 3. The pathway shown on Lot 13, Block 16, as depicted on the approved landscape plan prepared by Jensen Belts Associates and dated 05/14/2009, shall be constructed to line up with the pathway located on the proposed common area lot within the Messina Meadows Subdivision (see Exhibit A.3). 4. The applicant shall have one year, until June 11, 2014, to obtain the city engineer's signature and satisfy any applicable requirements set forth in the conditions of approval. 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, which must include the location of any existing street lights. 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. 6. The 2010 City of Meridian Sanitary Sewer Master Plan specifies the extension of the Ten Mile Trunk along the general alignment of Ten Mile Creek adjacent to the development's southwestern boundary. Applicant shall be responsible for all costs associated with the installation of the truck line. Applicant may be eligible for reimbursement per MCC 8-6-5. 7. 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. 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 887-221 1. Bellingham Park Time Extension (TEC-13-003) Page 9