Council denies Creekside Terrace developer’s six-month extension request

The Middleton City Council on Tuesday denied a developer’s request for a six-month extension to avoid termination of the Creekside Terrace subdivision development agreement.

Planning staff reviewed the project history: the council denied the preliminary plat on Sept. 4, 2024 and issued a written final council order identifying what the applicant would need to change to gain approval under the February 2006 code and the original development agreement. The council later declined mediation on Jan. 15, 2025 and instructed the applicant to submit a revised application by May 1 (later extended to May 15), or the city would move toward termination of the DA.

Planning staff read an April 17 email from owner Blake Fotheringham requesting a six-month extension to evaluate recently imposed requests and to coordinate consultants. The letter asked that the DA not be canceled during negotiations and sought a six-month window during which the DA would be preserved. The applicant also said an engineer estimated four months to revise the plat under current code and cited family and scheduling reasons for the request.

Council members said the matter was a land-use compliance issue tied to a prior denial and that the city had already provided time since January; one council member argued the council should “just do what we said we were gonna do back in January and decline it.” Another member moved to deny the six-month extension; the motion was seconded and carried on a voice vote. Council did not accept the developer’s requested six-month hold and left the May 15 deadline in place for possible DA termination steps. The decision preserves the council’s earlier direction about how the applicant could obtain approval.