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Order Granting Fourth 18-Month Time ExtensionBEFORE THE MERIDIAN CITY COUNCIL C/C October 5, 2010 IN THE MATTER OF THE REQUEST FOR A FOURTH 18 MONTH TIME EXTENSION TO OBTAIN THE CITY ENGINEER'S SIGNATURE ON PHASE 2 FOR AMBERCREEK SUBDIVISION, LOCATED IN THE NORTHEAST '/ OF SECTION 36, T.4N., R.1W, MERIDIAN, IDAHO BY: TRILOGY DEVELOPMENT APPLICANT CASE NO. TE-10-022 ORDER GRANTING A FOURTH EIGHTEEN MONTH TIME EXTENSION FOR AMBERCREEK SUBDIVSION N0.2 This matter coming on regularly before the City Council on October 5, 2010, upon the Applicant's submittal of a final plat time extension application for a fourth 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 eighteen month extended period of time, until March 23, 2012, 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 October 5, 2010 incorporated by reference. Attached: Staff Report for the hearing date of October 5, 2010 ORDER GRANTING A FOURTH EIGHTEEN (18) MONTH TIME EXTENSION FOR AMBERCREEK SUBDNISION NO. 2 (TE-10-022) Page 1 of 2 By the action of the City Council at its regular meeting on the ca~lo day of ~C' T , 2010. DATED this ~.~ day of ~(`~~, 2010. ~` '°~, Mayor y de Weerd "b Attest: `~`- ~' - ~ ~ ~ `~ ~, Ja cee 1 an, Jerk 4{„ ~' '~`" ~ ~, ~ ~~ ~.. Copy served upon Applicant, Planning Department, Public Works, and the City Attorney. BY: + \o ~t ~' ~k-~.:> t ., Dated: ~ ~i "- ;-~ ~ ` f ~~ ORDER GRANTING A FOURTH EIGHTEEN (18) MONTH TIME EXTENSION FOR AMBERCREEK SUBDNISION NO. 2 (TE-10-022) Page 2 of 2 STAFF REPORT ~ IDIA.N~ Hearing Date: October 5, 2010 I D A H O TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: TE-10-022 - Ambercreek No. 2 1. APPLICATION SUMMARY 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 August 23, 2010). 2. STAFF RECOMMENDATION Staff recommends approval of an 18 month time extension to obtain the City Engineer's signature for Ambercreek Subdivision No. 2 to expire on March 23, 2012. 3. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number TE-10- 022, as presented in the staff report for the hearing date on October 5, 2010. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TE-10-022, as presented during the hearing on October 5, 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- 022 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 AND PROPERTY FACTS A. Site Address/Location: The subject property is located near the southwest corner of McMillan Road and Meridian Road in the northeast '/ 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: September 13, and 27, 2010 C. Radius notices mailed to properties within 300 feet on: September 9, 2010 D. Applicant posted notice on site by: September 21, 2010 6. LAND USE A. Existing Land Use(s): The subject property is undeveloped, residentially zoned land. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Agricultural Land, zoned C-G 2. East: Rural residence, zoned RUT in Ada County 3. South: Single family residential, zoned R-8 4. West: Planned Mixed-Use development, zoned R-15 and L-O 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. T'he preliminary plat consists of 175 residential lots and 16 common lots. • The final plat for phase 1 (FP-06-017) consists of 100 residential lots and 10 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 final 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 development agreement. • City Council granted a 6-month time extension (TE-10-001) for the plat subject to additional conditions on March 23, 2010. 7. UNIFIED DEVELOPMENT CODE Per UDC 11-6B-7B, the final plat is required to be signed by the City Engineer within intervals of 18 months in order for the preliminary plat and final plat to remain valid. Ambercreek No. 2 TE - 2 - Per UDC 11-6B-7C, 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 18 months. With all extensions, the City Council may require the plat to comply with current provisions of the UDC. 8. STAFF ANALYSIS This is the third time extension requested for approval by City Council. A 6-month time extension was previously granted by the Council and expired on September 23, 2010. The Applicant has met the necessary deadline by filing a written request for a time extension before the final plat expired. The previous time extension was granted by Council predicated upon the applicant signing an amended development agreement and installing the 5-foot detached sidewalk adjacent to McMillan Road along the entire northern boundary. The applicant has completed the necessary requirements of the previous time extension. Therefore, Staff is not recommending any new conditions of approval with the subject time extension application. The applicant is required to comply with all previous conditions of approval for this site. 9. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Final Plat 3. Approved Landscape Plan B. Conditions of Approval Ambercreek No. 2 TE - 3 - A. Drawings 1. Vicinity Map Exhibit A - 1 - 2. Approved Final Plat ~~Y ~ ~r~ b _ ~ '~ ~ e R ~ ~~~ ~. ~g~~ a ~ `~ ~ $ ~ c1o -- '~v y ~~_ i ti~~o ~'~30 ~~ ~~ A ~ ~ Z R , ~ S,~~HS m_ ~ W ~~ r ~.: tai ~~^ i~Q~ ~ , "`a _~ ~~ . f ` i.ti ~_~ r !~ Y r r. _ ~,t ~ ~ j , k r l x` '~~f I i ~~y7 ! ~ ~ ~^('}~iYI O i I I ~ .,. ~ ~ ~ '~7' 7YOIS'B N 3! ~ 7.i~g1 1q~1 J .__ _ -. 9N ,.... ___ _ _..__.. AN -~ ~ k bfw RI YM Av A ~ ; ~w 1 I ~ 1 r ~ r I _'^maw_ J ~ T r 1 1 7 -. r t r r i r i r r r ... ~ -. '~ J A...3Y Ib.__.i J L._J L__J L_. ... r ~ ' ' y I ii r~ Ih 1~ i YI r i _ _ J '°t ~ r ~ ~ r°~~o° ~~ _ r r t i r ~ r ` ; 1 ~~ ~~ a ~ R 34V 3WJ 11 I mP --• ~• (c bM DSI 9 q 1 1 t ~~ ~ r~ ,~ ~ O_ j O O C7_ O H O ;-t --- -----~~ -- ---~aamoo„- -~ - ~_ ~ ~~. Exhibit A - 2 - _ t ~ ~~ ~~ 'r ~~~, ~ ~ 0 \_ W?n Zm~ W ~~#o c~ ~~ar z ^~i .z ~1,,~~,,) ~ U !QJ-f; Z~p~ a (/~ W Q ~~W~ w <~~ V ~~1 v .:, _ 8 f ~, ... (~ ~° ~ _~ O 'D ~3 ~~~ w~N ~° t ~ J F~$ ~ SA i J ?. k ~ D xv quo w ~ MK 'tltw ~jiyy`m ....__...t J ~. x j J ~ 1 ~ ~' ! K I ~g ., ,: Kw ~~ n i { _ , .-m<u ..,.~K ~ ~ ~ ~a~v >Cmniuw` x~. I h'_..~',__....~ a i a o 2 s ~~ ~o ~, _Z ~" ~~ W N °U 07 r-- -"_-_ r--- 1 ~ I t ~ t ~ il ' ® ~ iEg I Q ~ i O a p i O ~ R ~ r att0'Ti~ ~ ~} i i ©' j O ~ 1 A _._._ 4 1 ~ l _... J I L...... J 1 i L_.... J i ~ L. J 1 L ....__.1 ~ ~ j f f ~ f L__.--1 L ..l l_. ,s Exhibit A - 3 G .L,1 r1' H b~ 3. Approved Landscape Plan ~ 1p ~~ ~ -~:~,.- ~C~ __ ~ ~. ,p; '"' m,i~"~~ ~~~,1~; r I~~~_' _~ ~~~ ~~~~$~ ~~~~ ~f~~ ® a Exhibit A - 4 - B. Conditions of Approval The applicant is to meet all terms of the approved annexation (AZ-OS-055), development agreement (instrument #106048481 and #110064697), preliminary plat (PP-OS-057), and final plat (FP-06-027) for this development. 2. The Applicant shall have 18 months, until March 23, 2012, to obtain the City Engineer's signature on a final plat for Ambercreek Subdivision No. 2. Exhibit B - 1 -