Loading...
Staff Report CCSTAFF REPORT E IDIAN~-- Hearing Date: April 15, 2014 IDAHO , TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: TEC-14-004 -Ambercreek 1. APPLICATION SUMMARY The applicant, Trilogy Idaho, has requested approval of a one (1) year time extension to obtain the City Engineer's signature on the second phase of the Ambercreek Subdivision. 2. STAFF RECOMMENDATION Staff recommends approval of a one (1) year time extension to obtain the City Engineer's signature on the second phase of the Ambercreek Subdivision to expire on March 23, 2015. 3. PROPOSED MOTION Approval After considering all staff, applicant, and public testimony, I move to approve File Number TEC-14- 004, as presented in the staff report for the hearing date on April 15, 2014. Denial After considering all staff, applicant, and public testimony, I move to deny File Number TEC-14-004, as presented during the hearing on April 15, 2014, 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- 14-004 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. Applicant: Trilogy Idaho 2358 S. Titanium Place Meridian, Idaho 83642 C. Owner: Dyver Development 2364 S. Titanium Place Meridian, Idaho 83642 Ambercreek -TEC-14-004 - 1 - D. Representative: Kent Brown, KB Planning 3161 E. Springwood Drive Meridian, Idaho 83642 E. 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 24, and Apri17, 2014 C. Radius notices mailed to properties within 300 feet on: March 20, 2014 D. Applicant posted notice on site by: Apri14, 2014 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 and R-40 2. East: Amberwave Subdivision, currently in the development process 3. South: Ambercreek No. 1, zoned R-8 4. West: Cedar Springs Townhomes Subdivision, zoned R-15 and R-8 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. A development agreement was required with the annexation of the property and recorded as instrument # 106048481. In 2009, the City Council approved a development agreement modification (MDA-09-001) to incorporate elevations into the recorded development agreement (instrument #110064697). • In 2006, several final plats (FP-06-017 and FP-06-027) were approved by City Council. The first phase has recorded and the second phase has been approved by City but never recorded. • Over the past several years, the property received approval for multiple time extensions (TE- 08-016, TE-10-001, TE-10-022 and TEC-12-002). 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. Ambercreek -TEC-14-004 - 2 - 8. STAFF ANALYSIS This is the fifth time extension requested for approval. The previous two-year time extension approved by City Council has expired on March 23, 2014. The applicant has met the necessary deadline by filing a written request for a time extension before the final plat expired. The applicant states the development of the property was slowed due to the downturn in the housing market in 2011 and 2012. With previous time extensions, the applicant has been required to comply with the most recent requirements of the UDC. Those previous conditions remain in effect with the subject time extension. The applicant must also comply with all previous conditions of approval for this site. For informational purposes, the applicant is requesting to withdraw the approved second phase of the final plat (FP-06-027) in order to receive approval of a smaller second phase. The applicant has submitted the final plat concurrent with the subject time extension for Council's consideration. The applicant has also coordinated with the Planning staff and ACRD to remove the road connection to McMillan Road. Both ACHD and the Planning staff support the removal of the roadway in lieu of a micropath connection. To memorialize the change, staff recommends a new condition with the time extension which requires a micropath connection to the McMillan Road sidewalk in lieu of the public street connection with the third phase of development. 9. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Preliminary Plat B. Conditions of Approval Ambercreek - TEC-14-004 - 3 - A. Drawings 1. Vicinity Map Exhibit B Vicinity Map °' ° M;,es 2. Approved Preliminary Plat Exhibit B _~ _ B. Conditions of Approval 1. 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), final plat (FP-06-017) and time extensions (TE-08-016, TE-10-001, TE-10-022 and TEC-12-002) for this development. 2. With the third phase of development the applicant shall construct a 20-foot wide micropath to the 5-foot detached sidewalk adjacent to McMillan Road in lieu of the public street connection to the McMillan Road. Applicant shall also be required to construct a water main through this common lot to connect- the subdivision to the existing water main in McMillan Road. 3. The Applicant shall have one (1) year, until March 23, 2015, to obtain the City Engineer's signature on a final plat for Ambercreek Subdivision No. 2. Exhibit B - 1 -