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Ambercreek Subdivision No. 2 TE-10-001BEFORE THE MERIDIAN CITY COUNCIL C/C March 23, 2010 IN THE MATTER OF THE REQUEST FOR A THIRD 18 MONTH TIME EXTENSION TO OBTAIN THE CITY ENGINEER'S SIGNATURE ON PHASE 2 FOR AMBERCREEK SUBDIVISION, LOCATED IN THE NORTHEAST'/4 OF SECTION 36, T.4N., R.1 W, MERIDIAN, IDAHO BY: TRILOGY DEVELOPMENT APPLICANT CASE NO. TE-10-001 ORDER GRANTING A SIX MONTH TIME EXTENSION FOR AMBERCREEK SUBDIVSION N0.2 This matter coming on regularly before the City Council on March 23, 2010, upon the Applicant's submittal of a final plat time extension application for a third eighteen month extension within which to obtain the City Engineer's signature on the Ambercreek Subdivision No. 2 final plat, which was originally approved on July 18, 2006, as provided in § 11-6B-7C, and good cause shown. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The above named Applicant is granted an additional six month extended period of time, until September 23, 2010, of this Order within which to obtain the City Engineer's signature on Phase 2 of the final plat, subject to the conditions of approval as shown in the attached Staff Report for the hearing date of March 23, 2010 incorporated by reference. Attached: Staff Report for the hearing date of March 23, 2010 By the action of the City Council at its regular meeting on the ~ ~ day of ORDER GRANTING A SIX (6) MONTH TIME EXTENSION FOR AMBERCREEK SUBDIVISION NO. 2 (TE-10-001) Page 1 of 2 2010. DATED this j~_ day of ~' 2010. `\```~~~~~u a i-~r~~ii~~~~i ~~ `~~•~~~~~'~~ ~ i~,~,y%,, Mayor T y e Weerd ~rF o Attest: ~ = ~~~~ _ ~~ ,, 9 Est ~c ''~ o ,~: ayce olman, City Clerk ~~~'''''G,®U~,;~00``~~0 Copy served upon Applicant, Planning Department, Public Works, and the City Attorney. BY:~y„~ ,.,~,. Dated: ~ - ~ ' 1 O ORDER GRANTING A SIX (6) MONTH TIME EXTENSION FOR AMBERCREEK SUBDIVISION N0.2 (TE-10-001) Page 2 of 2 STAFF REPORT Hearing Date: March 23, 2010 (Continued from February 23, 2010) TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 E IDIAN.- 1®e4FIC) SUBJECT: TE-10-001 - Ambercreek Subdivision No. 2 1. APPLICATION SUIVIlVIARY The Applicant, Trilogy Development, has requested approval of an 18 month time extension to obtain the City Engineer's signature on a final plat for Ambercreek Subdivision No. 2. The Applicant has been unable to meet the time requirements specified in Unified Development Code (UDC) 11-6B-7. The Applicant states the reason for the delay is due to the state of the current residential real estate market (see Applicant's letter dated December 14, 2010). Also staff is in the process of working with the applicant to tie elevations to the plat. 2. STAFF RECOMMENDATION Staff is recommends approval of an 18 month time extension to obtain the City Engineer's signature for Ambercreek Subdivision No. 2 to expire on July 18, 2011 predicated on granting 90 days to complete the design of the elevations/streetscape and sign the amended DA. 3. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number TE-10- 001, as presented in the staff report for the hearing date on February 23, 2010. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TE-10-001, as presented during the hearing on February 23, 2010, for the following reasons: (You should state specific reasons for denial.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number TE-10- 001 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION A1~TD PROPERTY FACTS A. Site Address/Location: The subject property is located on the southwest corner of McMillan Road and Meridian Road in the northeast''/a of Section 36, Township 4 North, Range 1 West. B. Owner: Dyver development 2364 S. Titanium Place Meridian, ID 83642 Ambercreek No. 2 TE - 1 - C. Applicant: Shawn Brownlee, Trilogy Development 2364 S. Titanium Place Meridian, ID 83642 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. 5. PROCESS FACTS A. The subject application is a request for a final plat time extension. Per Meridian City Code, a public hearing is required before the City Council on this matter. B. Newspaper notifications published on: February 1, and February 15, 2010 C. Radius notices mailed to properties within 300 feet on: January 28, 2010 D. Applicant posted notice on site by: February 11, 2010 6. LAND USE A. Existing Land Use(s): This property is currently vacant residentially zoned land. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Agricultural Land, zoned C-G 2. East: Planned Single Family residential, zoned R-8 3. South: Single family residential, zoned R-8 4. West: Planned Mixed use residential development, zoned R-15 C. History of Previous Actions: • The annexation (AZ-OS-055) and preliminary plat (PP-OS-057) for Ambercreek Subdivision were approved by the Meridian City Council on February 26, 2006. The preliminary plat consists of 175 residential lots and 16 common lots. • The final plat (FP-06-027) for Ambercreek Subdivision No. 2 was approved by the Meridian City Council on July 18, 2006. The fmal plat for phase 2 consists of 74 residential lots and 5 common lots. • City Council granted an 18-month time extension (TE-08-016) for the plat subject to additional conditions on October 7, 2008. • On February 10, 2009, the City Council approved a development agreement modification (MDA-09-001) to incorporate elevations into the recorded DA. 7. AGENCY COMMENTS MEETING No comments were received by the Planning Department from other City departments for the subject application. Please see the public record for the TE file for any written comments that may have been submitted by other agencies. 8. STAFF ANALYSIS Prior to the February 23. 2010, City Council meeting, ACHD contacted staff to discuss the installation of the 5-foot detached sidewalk along McMillan Road to the intersection. After further review of the Commission and Council minutes, the connection of the sidewalk to the McMillan Road and Meridian Road intersection was a topic of discussion during the hearings in 2006. The Ambercreek No. 2 TE - 2 - minutes revealed the sidewalk improvements were too made prior to occupancy of any new dwellings units on the property. Per the DA, the sidewalk is to extend from Ambercreek Way future public streets to the intersection. Because that roadway is not constructed or under construction, staff is recommending the 5-foot wide detached sidewalk extend along McMillan Road, from the western boon of the plat to the McMillan/Meridian intersection prior to opening of the 2010/2011 calendar school year. ACHD has provided staff with the appropriate documentation demonstrating that an easement was secured for the sidewalk to be constructed across the out-parcel to the intersection. Staff has met with the applicant to discuss the recommendation. The applicant is not opposed to constructing the sidewalk but has reservations regarding the timing for the improvement. The applicant's preferred time for the completion of the sidewalk is by July 18, 2011 which is the next expiration date of the plat if the subject time extension is granted. This is the second Council review time extension for the subject plat. During the review of the first Council time extension; staff determined the final plat complied with the current UDC standards regarding open space and site amenities. However, the previous time extension was granted with conditions. The applicant was required to amend the recorded DA and incorporate elevations of the future residences. The elevations approved with the DA modification are attached in Exhibit Af4. During the review of that application, staff had discovered that single story homes were out of scale with the adjacent two story homes which created an unattractive streetscape. Therefore, the applicant was conditioned to provide a plan to the Planning Department that demonstrated the mass and scale of future homes in phase 2 would be compatible between single story homes and two story homes. Because of this provision, the amended DA has not been signed and returned for Council approval. With the subject application, the applicant has provided two colored streetscape renderings for staff to review. These renderings are meant to demonstrate compliance the above stated condition. Staff has not officially approved the proposed elevations in these renderings. Therefore, staff is recommending approval of the 18-month time extension but requests the Council allow the applicant and staff more time to coordinate our efforts for the design of the future homes. Staff is recommending the Council grant 90 days to complete the design of the elevations/streetscape and sign the amended DA. 9. EI~~ITS A. Drawings 1. Vicinity Map 2. Approved Final' Plat 3. Approved Landscape Plan 4. Elevations of Existing Homes 5. Streetscape Renderings ~ Conditions of Approval Ambercreek No. 2 TE - 3 - A. Drawings 1. Vicinity Map Exhibit A - I - 2. Approved Final Plat ~_ m a ~ ~ °m ~~~ ~ a $ ~ ~~ ~ ~9~ t Q i7^~ 7AA ~~~ ~ a~ ~A~ g~ ~ G ~~~LIa~ ~ ' J _+~~~ a i I _© _J ~~ © 11 ® 11 O 11 ® 1~ Q? 1 ~ 1 j ~ I 6 ~ O ~-coo ~~~ d _ I ~ ~ I __J I 1 ~ r J L _J L _J L _J ` -~ '~1 1 _ r- ti O ~ ~ A r ^~1 ~ - i , ~ 7J~ saB r -_ _ M1+ '~I I ® B A - A ~~°-- I ~ ~ -, 1 --, ~ ~ _ w I ~~-; i I ~~ I ~ ® 1 ~ ~ , ,; ; 1 '7~ rQ 0 ~ ~0 ~ '© 01 lo i ~ I f '1~ - ~n`37 1 ~ i I ~ r `~' -'~`' J .an, aw,aa ~ . I _© _ i l I , o o~ ©1 0 i o 01101 L .. 1 .~ i ~ _ ® a a _J I T Y Y F ~_J L J L_J 1 _..,, r- 1. 1 1 _ A ar~ar i i I O `~' •` A seawm, m _ __ 4 i l~ I I - / I _ //~~qq V /~ Q Q O O O 4 rmam '+~ IOL~BgY M Exhibit A - 2 - ftl 3 0 `~ o. ~^~ ti~m~ ti ~$~ Z~~~~ ~~=~~~ F 2 QN ~~ ~S ~ ~~~ w ~~~ ~~ W :a ~j ¢~ ~~ ~ C ~ 2 uau~ TK' ~ ~ ~ ~© ® ,p .p .p Q .p ~p ' -J l _JL mJL J L. .J L. J 1._ J L ...J L.._~ kbbR44 'A11~ B91{9 'N JB(ip _' ~_~ r_--r r -~ r i ii i~ ii i Exhibit A - 3 - G ~G~1:1HS 3. Approved Landscape Plan .. .~ i' ~' t m~ >@0 : _ a . _ ~ - ® _ " ,.- ~s fl O .O ~O ~~ ~ ~. o .- ~® } ~ _ 'fit O O ,,p '~ a~l rz ~ ~~ a ~~ ,(. n ~y ~ ~ ~ e ~O C .~}r ~ i 0.;, I ®; ~~ ~~ ~ ~~ m ~ ~~ ~~ ® e ~~~~ . ~ Exhibit A - 4 - Exhibit A - 5 - ~.~ R ~~ ~y ~~~. „_ ~~,; Exhibit A - 6 - 5. Colored Streetscape Rendering Exhibit A - 7 - 1. a applicant is to meet all terms of the approved annexation (AZ-OS-0551. developmen agreement (instrument #1060484811. preliminary plat (PP-OS-0571, and final plat (FP-06-0271 for this development. 2 The applicant shall have 90 davs (June 23.20101 to complete the design of the elevations/streetscaPe and siai the amended DA. If the applicant fails to submit and sien the amen ed DA b the aforementioned date. then the subiect approval for TE-10-001 shall be nu and void. 3. The applicant is granted a 6-month time extension to expire on September 23.2010 with the expectation from Citv Council that the 5-foot detached will be installed along McMillan Road from the western property (plat) boundary to the McMillan Road and Meridian Road intersection. as required by the recorded DA. Exhibit B - 1 -