Order - Ambercreek Subdivision TEC 14-002BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR A ONE (1) YEAR
TIME EXTENSION ON THE
PRELIMINARY PLAT FOR
AMBERCREEK SUBDIVISION IN
ORDER TO OBTAIN THE CITY
ENGINEER'S SIGNATURE ON
THE SECOND PHASEOF A FINAL
PLAT, LOCATED IN SECTION 36,
TAN., RAW., MERIDIAN, IDAHO
BY: TRILOGY IDAHO
APPLICANT
CIC APRIL 22, 2014
CASE NO. TEC -14-004
ORDER OF CONDITIONAL
APPROVAL OF TIME EXTENSION
This matter coming before the City Council on April 15, and 22, 2014, upon the
Applicant's submittal of a preliminary plat time extension application for a one (1) year
extension within which to obtain the City Engineer's signature on the second phase of the final
plat for Ambercreek Subdivision, which preliminary plat was originally approved on February
26, 2006, as provided in Unified Development Code § 11 -6B -7C, and good cause shown. A two
(2) year time extension (TEC -12-006) was previously approved for this subdivision by the City
Council on April 17, 2012 and would have otherwise expired on March 23, 2014.
IT IS HEREBY ORDERED THAT:
The above named applicant is granted one (1) year, until March 23, 2015, within which to
obtain the City Engineer's signature on the second phase of the final plat, subject to the
conditions of approval as shown in the attached Staff Report for the hearing date of April
22, 2014, incorporated by reference.
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR AMBERCREEK SUBDIVISION TEC -14-004
Page 1 of 2
Attached: Staff Report for the hearing date of April 22, 2014
By the action of the City Council at its regular meeting on the day of
,2014.
DATED this 1211: day of _ 2014
Mayor ap ny de Weerd
Attest:
S
if c "l r
r
o,
j
Jaycee„Holman, City Clerl��'
i
Copy served upon the Applicant, Planning Department, Public Works Department, and City
Attorney.
BIS: vet,` Dated:
c
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR AMBERCREEK SUBDIVISION TEC -14-004
Page 2 of 2
EXHIBIT A
STAFF REPORT
Hearing Date: April 22, 2014
(Continued from April 15, 2014)
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
SUBJECT: TEC -14-004 — Ambercreek
1. APPLICATION SUMMARY
C..�VI E II3I� It�N
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 22, 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 22, 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 11/4 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 April 7, 2014
C. Radius notices mailed to properties within 300 feet on: March 20, 2014
D. Applicant posted notice on site by: April 4, 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 -05-055) and preliminary plat (PP -05-057) 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 11-613-7A, 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 11-613-7C, 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 -
EXHIBIT A
S. 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 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 ACED 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 -
EXHIBIT A
A. Drawings
1. Vicinity Map
Vicinity Ma o 0.1 O.Miles
Print Date: 4/712014
Ambercreek - TEC -14-004 - 4 -
EXHIBIT A
2. Approved Preliminary Plat
Ambercreek - TEC -14-004 - 5 -
EXHIBIT A
B. Conditions of Approval
1. The applicant is to meet all terms of the approved annexation (AZ -05-055), development
agreement (instrument #106048481 and #110064697), preliminary plat (PP -05-057), 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
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.
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.
Ambercreek - TEC -14-004 - 6 -
Bill Parsons
From: kent brown <kentlkb@gmail.com>
Sent: Friday, April 11, 2014 9:23 AM
To: Bill Parsons
Cc: Ted Baird; Bill Nary; Jacy Jones; Jaycee Holman; Machelle Hill; Shawn Brownlee
[Shawn@trilogyidaho.com] (Shawn@trilogyidaho.com); Justin Lucas
Subject: Re: Ambercreek TEC staff report for 04/15/14 CC MTG
Bill thanks for the Staff report. I have review the report and are in agreement with the staff report and we can
comply.
Kent Brown
On Fri, Apr 11, 2014 at 8:04 AM, Bill Parsons <bparsons@meridiancit�org> wrote:
Attached is the staff report for the proposed Ambercreek time extension application (TEC -14-004).
This item is scheduled to be on the Council agenda on 04/15/14. The public hearing will be held at
City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions.
Kent - Please submit any written response you may have to the staff report to the City Clerk's
office (iholmanCmeridiancitY org, mhill@meridiancity.org, and ijones@meridiancity.org) and
myself (e-mail or fax) as soon as possible.
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
-NATE: May
•
, 2014 ITEM NUMBER: 5S
Findings of Fact, Conclusions of Law for Approval: MDA 14-005 Northpointe
Commercial by Blackhawk/Meridian, LLC Located Northwest Corner of W. McMillan
Road and N. Linder Road Request: Amend the Recorded Development Agreement
(Instr. #103181095) to Remove the Requirement of Obtaining Detailed Conditional Use
Permit for the Commercial Lots
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW ENIDIAM.1-5-1-11
AND
DECISION & ORDER
In the Matter of the Request for a Development Agreement Modification to Amend the Existing
Development Agreement (Instrument #103181095) to Remove the Requirement for Conditional Use
Permit Approval Prior to Commencing with Site Development, Located on the Northwest corner of
W. McMillan Road and N. Linder Road, by Blackhawk/Meridian, LLC.
Case No(s). MDA -14-005
For the City Council Hearing Date of. April 22, 2014 (Findings on May 6, 2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 22, 2014, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of April 22, 2014, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 22, 2014,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of April 22, 2014, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA -14-005
-1-
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the development agreement provisions all in the attached staff
report for the hearing date of April 22, 2014, incorporated by reference. The provisions are
concluded to be reasonable and the applicant shall meet such requirements as a condition of
approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for development agreement modification for Northpointe Commercial
Subdivision is hereby approved per the conditions of approval in the attached staff report for
the hearing date of April 22, 2014, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting the modification (UDC 11-513-3D).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-513-317).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Cleric not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of April 22, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA -14-005
-2-
By action of the City Council at its regular meeting held on the
2014.
COUNCIL PRESIDENT CHARLIE ROUNTREE
COUNCIL VICE PRESIDENT KEITH BIRD
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER LUKE CAVENER
°4
day of
VOTED -
VOTED
VOTED
VOTED ," C _ -
VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER) _
xz r
Mayor Tail de Weerd
Attest:
lman, City Clerk
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
Bye Dated: 0a\',1 6
City ler fice
G
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA -14-005
-3-
EXHIBIT A
STAFF REPORT
HEARING DATE: April 22, 2014
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
(208)884-5533
SUBJECT: MDA-14-005—Northpointe Commercial
L SUMMARY DESCRIPTION OF REQUEST
The applicant, Blackhawk/Meridian, LLC, is requesting to amend the recorded development
agreement (DA) (instrument #103181095) approved with the Kelly Creek Subdivision. Currently, the
DA requires CUP approval prior to any development occurring on the commercial property. The
applicant is requesting to remove this requirement from the DA. See Section VII Analysis for more
information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the development agreement modification application as detailed in
Section VII of the staff report. The Meridian City Council heard this item on April 22.2014. A
he public hearing, the Council approved the subject MDA request.
a. Summary of City Council Public Hearing:
L. In favor: Brian Martens
ij In opposition: None
Oji Commentinw: None
Iy. Written testimony: Gerald Martens
Y_ Staff presenting application: Bill Parsons
AL Other staff commenting on application: None
L Key Issues of Discussion by Council:
L. Removing the requirement for detail CUP approval does not eliminate the need to
obtain approval of a certificate of zoning compliance and administrative design review
application.
c. Key Council Changes to Staff/Commission Recommendation
i. one
IH. PROPOSED MOTION
Approval
After considering all staff, applicant, and public testimony, I move to approve file number MDA -14-
005, as presented in staff report for the hearing date of April 22, 2014, with the following changes:
(insert any changes here). I further move to direct Legal Department Staff to prepare a Development
Agreement for this site that reflects the changes in the DA as noted in Exhibit A.2.
Denial
After considering all staff, applicant, and public testimony, I move to deny file number MDA -14-005,
as presented during the hearing on April 22, 2014. (You should state why you are denying the
request.)
Continuance
I move to continue file number MDA -14-005 to the hearing date of (insert continued hearing date
here) for the following reason(s): (you should state specific reason(s) for continuance)
Northpointe Commercial - MDA -14-005 Page 1
EXHIBIT A
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location: The site is located on the northwest corner of W. McMillan Road and N.
Linder Road in the southeast 1/a of Section 26, Township 4 North, Range 1 West.
B. Applicant/Owner:
Blacichawk/Meridian, LLC
3454 Stone Mountain Lane
Star, ID 84092
CapEd
275.5. Stratford Drive
Meridian, ID 83642
C. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is a request for a development agreement modification. Per Meridian City
Code, a public hearing is required before the City Council on this matter.
B. Newspaper notifications published on: March 31, and April 14, 2014
C. Radius notices mailed to properties within 300 feet on: March 25, 2014
D. Applicant posted notice on site by: April 11, 2014
VI. LAND USE
A. Existing Land Use(s): The subject property is vacant commercial property, zoned C -G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is
located on a prominent corner and is surrounded by R-8 zoned residential development on the
west and north.
C. History of Previous Actions:
In 2003, the property received annexation (AZ -03-013), preliminary plat (PP -03-014) and
conditional use permit (CUP -03-028) for Kelly Creek Subdivision. The preliminary plat
consisted of 214 residential lots, 10 office lots and 4 commercial lots and 15 common lots on
79.77 acres. In addition, the planned unit development (CUP) allowed a 20 percent use
exception for office and commercial uses. A development agreement was also required upon
annexation of the property recorded as instrument #103181095. A provision of the DA
requires CUP approval prior to any development occurring on the site.
In 2007, the property received final plat (FP -07-035) approval laiown as Kelly Creels
Commercial Subdivision (recorded as Northpointe Commercial Subdivision). The final plat
consists of four (4) commercial lots on 4.91 acres.
® In 2011, Lot 4, Block 1 of Northpointe Commercial Subdivision received conditional use
permit (CUP -11-006) approval to develop a credit union with drive-through. In 2012, this lot
was also further subdivided into two (2) commercial lots through a short plat (SHP-12-001).
In 2013, a certificate of zoning compliance was issued for the construction of the credit
union. Currently, the credit union is under construction and the applicant wishes to
commence with site development to the west in conjunction with the credit union
construction. Per the recorded DA, construction cannot commence until the property receives
CUP approval.
VII. STAFF ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Northpointe Commercial - MDA -14-005 Page 2
EXHIBIT A
The applicant proposes an amendment to the existing development agreement (DA) (Instrument No.
103181095) approved with the Felly Creek Subdivision. At the time of the Kelly Creels approvals the
City did not have a well-established design review process. Because there were no design standards in
effect when this property was annexed, the recorded DA requires a CUP for the approval of the site
and buildings to ensure a quality commercial development.
Under today's regulations all commercial developments require design review approval which
addresses site development and building architecture. Therefore, it is staff's opinion that the City has
the necessary tools in place to adequately review development of the commercial property without the
need for detailed CUP approval.
It is important to note that all uses within the C -G district are allowed to development on the property.
If the City Council approves the amendment to remove the requirement for detailed CUP approval,
the applicant is still responsible to follow the process for establishing the use on the property in
accord with the Chapter 2 District Regulations for the C -G district. Due to the fact that the credit
union (under construction) has a drive through and the property is within 300 feet of a residential
zoning district; any additional drive through uses on this site will require CUP approval.
Based on the analysis above, staff recommends approval of the development agreement modification
with the recommended modifications in Exhibit A.2.
VIII. EXHIBITS
A. Maps/Other
1. Vicinity/Zoning Map
2. Proposed Development Agreement Modifications
Northpointe Commercial - MDA -14-005 Page 3
EXHIBIT A
Exhibit A.l — Vicinity/Zoning Map
Vicinity Map
Legend
Area of Impact
Print Date: 4/15/2014
0.075 0.15
Miles
The information shovm on this map is compiled from
various sources and is sulryject to constant revision. The City
of Meridian makes no warranty or guarantee as to the
content, accuracy, timeliness, or completeness of any of the
data provided, and assumes no legal responsibility for the
information contained on this map.
RUT
RUT
L�/�/rE IDFZ IAN;---
Northpointe Commercial - MDA -14-005 Page 4
EXHIBIT A
Exhibit A.2 — Recommended Development Agreement Modifications
1. Omit Section 5.
2. Section 6: DA Provision #34 — The proposed office and ,.,,.„ri.ere ' area -s within the development
shall be required to apply for a detailed conditional use permit for a planned development prior to
submitting for building permits.
Northpointe Commercial - MDA -14-005 Page 5