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Ambercreek Subdivision No. 2 TEC-12-006BEFORE THE MERIDIAN CITY COUNCIL C/C APRIL 17, 2012 IN THE MATTER OF THE REQUEST FOR A TWO YEAR TIME EXTENSION ON THE PRELIMINARY PLAT FOR AMBERCREEK SUBDIVISION IN ORDER TO OBTAIN THE CITY ENGINEER'S SIGNATURE ON THE FINAL PLAT, LOCATED IN SECTION 36, T.4N., R.1W, MERIDIAN, IDAHO CASE NO. TEC-12-006 ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION BY: TRILOGY DEVELOPMENT APPLICANT This matter coming on regularly before the City Council on April 17, 2012, upon the Applicant's submittal of a preliminary plat time extension application for a two year extension within which to obtain the City Engineer's signature on a final plat for Ambercreek Subdivision No. 2, which preliminary plat was originally approved on February 26, 2006, as provided in Unified Development Code § 11-6B-7C, and good cause shown. A Council time extension TE- 10-022 for eighteen (18) months was previously approved for this subdivision by the Council on October 5, 2010 and would have otherwise expired on March 23, 2012. IT IS HEREBY ORDERED THAT: The above named Applicant is granted an additional two year extended period of time, until March 23, 2014, 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 April 17, 2012 incorporated by reference. ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR AMBERCREEK SUBDIVISION N0.2 TEC-12-006 Page 1 of 2 Attached: Staff Report for the hearing date of April 17, 2012 By the action of the City Council at its regular meeting on the 2012. sf DATED this ~ day of , 2012 Attest: ycee I~~lman, City Clerk 4O4~~ED A UC~S'1' ~~ ~~.~ ~~ ~ City of E II~IAN~-- IpAHG ,~ F y r~~P ° f ~ b @ ~+5u~~ e TR day of Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. '~ BY: Dated: ~ r~ / ~C3~ ~- ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR AMBERCREEK SUBDIVISION N0.2 TEC- 12-OOb Page 2 of 2 EXHIBIT A STAFF REPORT E IDIAN~-- Hearing Date: April 17, 2012 I D A H O TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: TEC-12-006 -Ambercreek No. 2 L APPLICATION SUMMARY The Applicant, Trilogy Development, has requested approval of a two (2) year 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 March 16, 2012). 2. STAFF RECOMMENDATION Staff recommends approval of a two (2) year time extension to obtain the City Engineer's signature for Ambercreek Subdivision No. 2 to expire on March 23, 2014. 3. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number TEC-12- 006, as presented in the staff report for the hearing date on April 17, 2012. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TEC-12- 006, as presented during the hearing on April 17, 2012, 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 TEC- 12-006 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'/4 of Section 36, Township 4 North, Range 1 West. B. Owner: Dyver Development 2364 S. Titanium Place Meridian, ID 83642 Ambercreek No. 2 TEC-12-006 - 1 - EXHIBIT A C. Applicant: Shawn Brownlee, Trilogy Development 2358 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 preliminary plat time extension. Per Meridian City Code, a public hearing is required before the City Council on this matter. B. Newspaper notifications published on: March 26, and Apri19, 2012 C. Radius notices mailed to properties within 300 feet on: March 22, 2012 D. Applicant posted notice on site by: Apri17, 2012 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. The 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 on 18.86 acres. • 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 on 16.47 acres. • 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. • City Council granted an 18-month time extension (TE-10-022) for the plat on October 5, 2010. Ambercreek No. 2 TEC-12-006 - 2 - EXHIBIT A 7. 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. 8. STAFF ANALYSIS This is the fourth time extension requested for approval by City Council. The previous 18-month time extension approved by City Council has expired on March 23, 2012. The Applicant has met the necessary deadline by filing a written request for a time extension before the final plat expired. In 2011, the City adopted new surety requirements to obtain City Engineer's signature on the final plat. If utilities are not installed, the new ordinance requires a 125% performance surety for all improvements related to public life, safety and health subject to a 20% warranty surety for all such improvements for the duration of two (2) years. At this time, City services have not been constructed on the site. In order to obtain City Engineer's signature on the plat the applicant must 1) install the infrastructure or 2) post surety for the improvements. Additionally, the City has adopted new street light standards. Since new conditions may be required with the subject time extension (UDC-11-6B-7C), Staff recommends the plat comply with the newly adopted surety regulations and the Public Works Department street light requirements (see the new conditions in Exhibit B). The applicant shall also 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 TEC-12-006 - 3 - EXHIBIT A A. Drawings 1. Vicinity Map NJA 0 3 K-IS SCHOOL PROPEP,TY 4 R-4 SAGUAP.O NO 04 RUT Exhibit A - 1 - EXHIBIT A 2. Approved Final Plat .~ ,~ °v [ YR~ m o •~ ~~Fa J Q \_ `~ W ~ O ~'I W~a ~~~o (7 ~ ~~~ x (a . z H ~r^ZCUpN d v1 ~~Q F ?U6 CJa U4 0 ~ ((')V')++ 6 ""ti W O 2 W S ~~~k' ~'~o ~ w~ ~, ~~ ; ~ $ `~ yy~i '+ :. 9 i .~ .. ___ __ .a- Lam, C 8 P. 8 ..g~ n ~' Exhibit A - 2 - EXHIBIT A .,~ ' ~ m4y4~ ~YSd } "~~ $ ~F~ ,~N 3- O ~_ l~w~n V~-lj Z ~p S. W -< ~~3~ ~~~~ z .Z O I,~ \a 2~i ~~ ~U~ F- Z~DpN rr,~,, n .<J"Jw < a x~zoQ F z~~ W obl ~4 ~ C~ a o J ai ~~ ~ f ~ ' gIa ~ r i' ' ~ al '~ i .; ~ .... ~ m_„ i ~~~- i ~ l~M !g~ ~.. ~.~. _ s~. u. ~,I •_~r rsnwa_n x- ~~ (.l _ A i ~- =~ _._....._ ,.-._.._ sca O ~ ~, I -.:~:c-~-{ ®~~ 'a ~~ - --i ~~ ~ ~ m o -~ 1 ~ ~ ~ Q i~~ 'm mi.-ar..~uoi n~. ~ ~~ _~Cp~ r _ .x , sl _. _,yo` ~ ., s~ ~. I R o = _ ~ ~ , t: 6 W J 8 _ _ - ,s z ~ ¢ VI ~~($ ~~ OO C ~Z 4 - 5 F W R r; ~ Y ~ Y, ' ^~ ~ ~ Vic- ar_ i ~ n. ~~~, ~ -mss^..i ~..~ ,s__. iU ,~ mer ~.... -ffi ~ '~ ~ iC~ ntr Fooie~ ~ ?e'te- : -, ~U m ~ ~~ ~ e ~ s ~ la a '' a d ~ a ~ ;~S e ~ 1 _. ... ~J _ J ~ iq n.J , ._i i i... ~ i v._K_i i ~ ~ ) :._ _._ 7. Exhibit A - 3 - ~ ~~~17J EXHIBIT A 3. Approved Landscape Plan ~ t ~~1 ~_ , ~~ ~~ - ~~ ~ t= -~ ~ ~ ,. ~ ~ . ~ L~ --, *§~: ~ , ~. - ~r ~ ~i ~-~ j` ~~~ _~~+'II~~" ~ ~~ ~, , , - ~, ~ .~. ~4 ~ ~ ~~ a~ -.. ~ ~ ~~ s ~~ }.~_~ c~-ate-~c ~' .~ ~' ~ tt f ~~ ~~~~~ ~.i!~;u ~. s~l~tl~ f~~I~4'$~~#~ ~~€~~~~ Exhibit A - 4 - EXHIBIT A 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 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. 3. 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. 4. The Applicant shall have two (2) years, until March 23, 2014, to obtain the City Engineer's signature on a final plat for Ambercreek Subdivision No. 2. 5. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of Meridian Department of Public Works Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted to the Public Works Department for approved. The street light contractor shall obtain the approved design on file and an electrical permit from the Public Works Department prior to commencing installations. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Exhibit B - 1 - Bill Parsons From: Shawn Brownlee [Shawn@trilogyidaho.com] Sent: Thursday, April 12, 2012 10:05 AM To: Bill Parsons Cc: Jaycee Holman; Machelle Hill; Jacy Jones Subject: RE: Staff report for Ambercreek No. 2 TE for 04/17/12 CC MTG Good morning Bill, On •behalf of our client Corey Barton, we have reviewed and agree with all conditions of approval as stated in the Staff Report. We respectfully request approval of the time extension (TEC-12-006-Ambercreek No.2). Thank you for your time and consideration. Sincerely, ~~~~~~ Q~YELB~MENT Shawn Brownlee Project Manager 2358 S. Titanium PI. Meridian, ID 83642 Office 895-8858 Fax 895-0714 Ce I 1860-8371 From: Bill Parsons [mailto:bparsons@meridiancity.org] Sent: Wednesday, April 11, 2012 9:21 AM To: Shawn Brownlee; Bill Nary; Ted Baird; Jacy Jones; Jaycee Holman; Machelle Hill Cc: Peter Friedman Subject: Staff report for Ambercreek No. 2 TE for 04/17/12 CC MTG Attached is the staff report for the proposed Ambercreek No. 2 time extension (File #TEC-12-006). This item is scheduled to be on the City Council agenda on April 17, 2012. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 7:00 pm. Please call ore-mail with any questions. Shawn -Please submit any written response you may have to the staff report to the City Clerk's office (iholman@meridiancity.ore, mhill@meridiancity.ore, and hones@meridiancitv.ore) and myself (e-mail or fax) as soon as possible. Thanks, Bill Parsons, AICP Associate City Planner Community Development Department 33 E. Broadway Avenue Meridian, Idaho 83642 PHONE: (208) 884-5533 FAX: (208) 888-6854 bparsons@meridiancity. org