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Olivetree at Spurwing Subdivision TEC-014-001BEFORE THE MERIDIAN CITY COUNCIL C/C MARCH 4, 2014 IN THE MATTER OF THE REQUEST FOR A TWO (2) YEAR TIME EXTENSION ON THE PRELIMINARY PLAT FOR THE OLIVETREE AT SPURWING SUBDIVISION IN ORDER TO OBTAIN THE CITY ENGINEER'S SIGNATURE ON THE FINAL PLAT, LOCATED IN THE SE '/4 OF SECTION 23, T.4N., R.1W, MERIDIAN, IDAHO CASE NO. TEC-14-001 ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION BY: SPURWING LIMITED PARTNERSHIP, APPLICANT This matter coming on regularly before the City Council on March 4, 2014, upon the Applicant's submittal of a preliminary plat time extension application for a two (2) year time extension within which to obtain the City Engineer's signature on a final plat for The Olivetree at Spurwing Subdivision, which preliminary plat was originally approved on February 20, 2007, as provided in Unified Development Code § 11-6B-7C, and good cause shown. An administrative time extension (TE-09-023) for eighteen (18) months was previously approved for this subdivision by the Planning Director on February 20, 2009 and would have otherwise expired on August 20; 2010. A second time eighteen (18) month time extension (TE-10-017) was approved by City Council on August 24, 2010 and would have otherwise expired on February 20, 2012. A ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR THE OLIVETREE AT SPURWING SUBDMSION (TEC-14-001) Page 1 of 3 third time extension (TEC-12-003) for two (2) years was approved by City Council on March 20, 2012 and would have otherwise expired on February 20, 2014 without the subject time extension. IT IS HEREBY ORDERED THAT: The above named Applicant is granted an additional two (2) year extended period of time, until February 20, 2016, 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 March 4, 2014 incorporated by reference as Exhibit A. Additionally, a response letter from Shari Stiles, Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference is incorporated herein. Attached: Staff Report for the hearing date of March 4, 2014 ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR THE OLNETREE AT SPURWING SUBDNISION (TEC-14-001) Page 2 of 3 By the action of the City Council at its regular meeting on the ~, ~ day of ~iJn l~~ , 2014. DATED this ~ day of , 2014 Attest: ~~ ~T a ~x~ a zrniToa~ui iT' cxo-~~cc°ia CA 1M`LA I ~/tSi ~~ , ~..vl i 2 +~ouh-F/ecJ Copy served upon the Applicant, PlatYtrin~ Division, Development Services Division, Public Works Department, and City Att ney BY: Dated: ~ ~~ ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR THE OLIVETREE AT SPURWING SUBDIVISION (TEC-14-001) Page 3 of 3 EXHIBIT A HEARING DATE: March 4, 2014 E IDIAN~-- TO: Mayor & City Council ! D A H O FROM: Sonya Wafters, Associate City Planner SUBJECT: Olivetree at Spurwing Subdivision -Time Extension (File #TEC-14-001) I. APPLICATION SUMMARY The applicant, Spurwing Limited Partnership, has been unable to meet the time requirements specified in Unified Development Code (UDC) 11-6B-7. Therefore, a two (2) year time extension on the preliminary plat for the Olivetree at Spurwing Subdivision is requested to obtain the City Engineer's signature on the final plat. This is the fourth time extension requested by the applicant for this subdivision. The applicant cites current market conditions as the reason for inability to complete the processing of the plat at this time. The subject preliminary plat consists of 65 single-family building lots and 6 common lots on 20.51 acres of land. Eighteen percent of the site is proposed to develop as open space. 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 Olivetree at Spurwing Subdivision as requested by the applicant, to expire February 20, 2016, 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-14- 001, as presented in the staff report for the hearing date of March 4, 2014. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TEC-14- 001, as presented during the hearing on March 4, 2014 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- 14-001 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: The subject property is generally located north of W. Chinden Boulevard and west of N. Spurwing Way, in the southeast'/4 of Section 23, Township 4 North, Range 1 West. B. Owner: Spurwing Limited Partnership/Pacific Links Ltd. Partnership 200 N. Fourth Street, Suite 203 Boise, ID 83702 Olivetree at Spurwing Sub TEC-I4-OOl.doc Page 1 EXHIBIT A C. Applicant: Same as owner 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-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: February 10 and 24, 2014 C. Radius notices mailed to properties within 300 feet on: February 6, 2014 D. Applicant posted notice on site by: February 17, 2014 VII. HISTORY OF PREVIOUS ACTIONS: • The preliminary plat (PP-06-045) for the Olivetree at Spurwing Subdivision was approved by the Meridian City Council on February 20, 2007. • A final plat application (FP-08-004) for the Olivetree at Spurwing Subdivision was approved by City Council on May 27, 2008 but has not yet received City Engineer signature as required by UDC 11-6B-7. Per the conditions of approval, the preliminary plat would have expired on February 20, 2009 if a time extension had not been granted. • A time extension (TE-09-023) for eighteen (18) months was approved by the Director on February 20, 2009 to obtain the City Engineer's signature on the final plat prior to August 20, 2010. • A second time extension (TE-10-017) for eighteen (18) months was approved by the City Council on August 24, 2010 to expire on February 20, 2012. • A third time extension (TEC-12-003) for two (2) years was approved by the City Council on March 20, 2012 and would have expired on February 20, 2014 without submittal of the subject time extension request. VIII. STAFF ANALYSIS As conditions of granting the first preliminary plat time extension, the applicant is required to meet all terms of the approved Development Agreement (107119572), Annexation (AZ-06-043), Preliminary Plat (PP-06-045), and Final Plat (FP-08-004) for this development. Additionally, all single-family structures are required to be constructed consistent with the elevations approved by City Council on 2/7/07 as shown in Exhibit A.3. Future construction on all single-family attached structures within the subdivision is subject to design review approval per the standards set forth in the UDC and Meridian Design Manual. Olivetree at Spurwing Sub TEC-I4-OOl.doc Page 2 EXHIBIT A With the second time extension, it was noted that there were deficiencies in the sanitary sewer system with Jayker Subdivision where this developments sanitary sewer effluent is planned to flow. These deficiencies were required to be resolved prior to issuance of building permits. Since that time, the deficiencies have been resolved. No other conditions were attached with that time extension. With the third time extension, conditions were included in accord with changes to the UDC that 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. Since the last time extension, the street light standards have changed for new developments as well as the Public Works construction standards. As a condition of the subject time extension, Staff recommends the applicant comply with these new standards as noted in Exhibit B. V. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Approved Preliminary Plat (dated: 12/13/06) 3. Building Elevations Approved by City Council on 2/7/07 B. Conditions of Approval Olivetree at Spurwing Sub TEC-I4-OOl.doc Page 3 EXHIBIT A Exhibit A.1-Vicinity/Zoning Map Olivetree at Spurwing Sub TEC-I4-OOl.doc Page 4 EXHIBIT A Exhibit A.2 -Approved Preliminary Plat (dated: 12/13/06) ~., ~_ ~~' ;~ ~ .. ~, ~ '~. :~ ~,I ~ ,} .~ ,' r ~~ "' . -- ~~ a?~~~~~i r+ ~`~"""'"",,,,~, i FL Mw~r4 ~e«Nwrw-.+~ ~rw. /!/+MAI tMif. '!~!" .tOfw1Al~ ,. +MI IiWtl # fMl ~~r~ ~~~ ~w~ A -~ ~l~~ ~~,~ ~aa~+w .'t'rl~tli~ ~,FiO~'1iE.. . ~' ~rau~ itii~+atx.. --- - ~........~. r .. _ ,y r..... •-_ r+ .. ~.~r .~ ... _rr. :... .. .. wP~Rw•~ ~ • 11MI~Iwp• + rwr ~ ry+.w w.`.rr r- ~e ~.. .~v ~ . J ~ a . ~. YIOMI ~Ir.Yh ~ illi-~I-.Pr•~ ~ ~r MriY~ ~~rr~ Olivetree at Spurwing Sub TEC-I4-OOl.doc Page 5 ~l l!f~rk !~t Ei~l ~~~ ~t l ~~ ~i~ EXHIBIT A 3. Building Elevations Approved by City Council on 2/7/07 Olivetree at Spurwing Sub TEC-I4-OOl.doc Page fi EXHIBIT A Exhibit B -Conditions of Approval The applicant is to meet all terms of the approved Development Agreement (107119572), Annexation (AZ-06-043), Preliminary Plat (PP-06-045), Final Plat (FP-08-004), and Time Extensions (TE-09-023, TE-10-017, TEC-12-003) for this development. 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. Applicant shall also include the location of any existing street lights in the development plan set. 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. 3. The applicant shall revise the development plans to comply with the 2013 edition of the Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction. Olivetree at Spurwing Sub TEC-I4-OOl.doc Page 7 EXHIBIT B Sonya. Wafters From: Shari Stiles <es-sharis@gwestoffice.net> Sent: Monday, March 03, 2014 2:59 PM To: Sonya Wafters; 'Becky McKay' :Subject: RE: Olivetree at Spurwing TEC-14-001 We have. reviewed the staff commentsand have no objections to the conditions of approval. From: Sonya Watters [mailtoawatters@meridiancity.org] Sent::Monday, March 03, 2014 2:19 PM To: Shari Stiles; Becky McKay Subject: Oliveti•ee of Spurwing TEC-14-001 Are you in agreement w/the staff report? Thanks, Sonya i