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
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Copy served upon the Applicant, Planning Department, Public Works Department, and City
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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
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Exhibit A - 1 -
EXHIBIT A
2. Approved Final Plat
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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