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CC - Staff ReportCaven Ridge Estates Sub 1 – TED A-2016-0015 PAGE 1 STAFF REPORT DATE: January 22, 2016 TO: Bruce Chatterton, Community Development Director FROM: Sonya Watters, Associate City Planner Bruce Freckleton, Development Services Manager SUBJECT: Caven Ridge Estates Subdivision No. 1 - TED (File # A-2016-0015) I. APPLICATION SUMMARY The applicant, New Cavanaugh, LLC, requests approval of a two (2) year time in order to obtain the City Engineer’s signature on the final plat for Caven Ridge Estates Subdivision No. 1 (FP-15-022). The plat consists of 37 building lots and 10 common area lots on 14.06 acres of land in the R-8 zoning district. The Applicant states that they now have approved construction drawings and wish to complete the infrastructure that will allow the completion and recordation of the final plat, however it’s not possible for them to obtain the City Engineer’s signature on the final plat prior to the expiration date of January 28, 2016. II. STAFF RECOMMENDATION Staff recommends approval of a two (2) year time extension as requested in order to obtain the City Engineer’s signature on the final plat for Caven Ridge Estates Subdivision No. 1 to expire on January 28, 2018. Staff further recommends no further/new final plat applications be submitted for development of the Cavanaugh Subdivision preliminary plat (PP-07-015); the existing approved final plat for Caven Ridge Subdivision No. 1 (FP-15-022), as well as Silverwater Subdivision No. 1 and No. 2 (FP-15- 013, FP-15-012), are allowed to be finalized. A new preliminary plat application is required to be submitted for the remaining area within Cavanaugh Subdivision not included in these previously approved final plats. III. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the east side of S. Meridian Road, south of the Ridenbaugh Canal, in the NW ¼ of Section 30, T. 3N., R. 1E. B. Owner: New Cavanaugh, LLC 2289 S. Bonito Way Meridian, ID 83642 C. Applicant: Same as owner Caven Ridge Estates Sub 1 – TED A-2016-0015 PAGE 2 D. Representative: Reese Leavitt, Leavitt & Associates Engineers, Inc. 1324 1st Street South Nampa, ID 83651 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. IV. HISTORY OF PREVIOUS ACTIONS  This property was included in the preliminary plat (PP-07-015) for Cavanaugh Subdivision approved by City Council on January 22, 2008.  The first phase final plat (Silverwater Subdivision No. 1, FP-07-014) was approved by City Council on June 5, 2007 and was signed by the City Engineer on January 28, 2014. The next phase is required to be signed by the City Engineer within two years.  An 18-month time extension (TE-08-022) to obtain the City Engineer’s signature on the final plat for the first phase of development was approved by the Director on October 15, 2008 and would have otherwise expired on February 22, 2010.  An 18-month time extension (TE-10-005) to obtain the City Engineer’s signature on the final plat for the first phase of development was approved by City Council on March 23, 2010 and would have otherwise expired on August 22, 2011.  A 2-year time extension (TEC-11-005) to obtain the City Engineer’s signature on the final plat for the first phase of development was approved by City Council on September 27, 2011 and would have otherwise expired on August 22, 2013.  A 2-year time extension (TEC-13-005) to obtain the City Engineer’s signature on the final plat for the first phase of development was approved by City Council on November 26, 2013 and would have otherwise expired on August 22, 2013.  The second phase final plat (Silverwater Sub. 2, FP-15-013) was approved by City Council on July 7, 2015 and has not yet been signed by the City Engineer.  The third phase final plat (Silverwater Sub. 3, FP-15-012) was approved by City Council on July 7, 2015 and has not yet been signed by the City Engineer.  The fourth phase final plat (Caven Ridge Sub. 1, FP-15-022) was approved by City Council on July 21, 2015. V. UNIFIED DEVELOPMENT CODE Per UDC 11-6B-7, approval of a preliminary plat shall become null and void if the applicant fails to obtain the City Engineer’s signature on a final plat within two years of the approval of the preliminary plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if signed by the City Engineer within successive intervals of two years, may be considered for final approval without resubmission for preliminary plat approval. 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 2 years. Additional time extensions up to 2 years as determined and appr oved by the 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. Caven Ridge Estates Sub 1 – TED A-2016-0015 PAGE 3 VI. STAFF ANALYSIS This is the first time extension requested on the subject final plat. Approval of the subject time extension will allow the applicant to proceed with the platting process. If the subject time extension is not granted, the preliminary plat will expire and a new preliminary plat(s) application will be required. Since the preliminary plat for this project was approved, individual parcels within the preliminary plat area have been sold off and are now under different ownership and are being developed separately, rather than as a single master-planned project as envisioned. The land on the north side of the Ridenbaugh Canal on the west side of S. Standing Timber Way has developed with multi -family residential uses (Red Tail Apartments) and single-family residential homes (Red Wing Subdivision). The property on the east side of S. Standing Timber Way, north of the Ridenbaugh Canal, is being developed by CBH Homes. The property south of the canal where the subject property lies is now owned by several different entities. For this reason, staff does not recommend any further time extensions or final plats, other than those already approved, are submitted for development of the Cavanaugh Subdivision preliminary plat. A new preliminary plat should be submitted for the remainder of the property prior to submittal of any further final plat applications. The subject time extension will give the applicant two additional years to obtain the City Engineer’s signature on the final plat for phase 4 (FP-15-022). Previous time extension approvals incorporated the following conditions of approval:  Compliance with design standards in the UDC (11-3A-19) as well as the design guidelines contained in the Meridian Design Manual.  Submittal of an irrevocable letter of credit or cash deposit for their portion of the required sanitary sewer construction improvements along the project’s frontage in Victory Road prior to signature on a final plat by the City Engineer. This is no longer necessary as sewer has been constructed in Victory Road. The developer is obligated to pay $1,465.56 per acre to proportionally offset costs incurred by the City for the Victory Road Gap Sewer Project. Said payment must be received prior to obtaining the City Engineer’s signature on any final plat.  Provision of an executed permanent sanitary sewer easement and temporary construction easement on forms provided by the City within 90 days of City Council approval of the previous time extension in order for the time extension to remain valid. This condition is no longer applicable as sewer has been constructed in Victory Road.  Submittal of a letter to the City allowing the use of their approved plans for the construction of the Black Cat sewer trunk line. The applicant complies with this provision.  Compliance with current City of Meridian Improvement Standards for Street Lighting.  Compliance with current performance surety requirements.  Compliance with current warranty surety requirements.  Requirement for an easement to be dedicated prior to obtaining the City Engineer’s signature on the first final plat for the construction and operation of all infrastructure necessary for development south of the Ridenbaugh Canal (i.e. extension of Standing Timber Way and water and sewer service from phase I to the Ridenbaugh Canal).  Requirement for the developer of Phases I & II to submit a road trust to ACHD for 50% of the estimated cost for the extension of Standing Timber Way and construction of the bridge across the Ridenbaugh Canal prior to obtaining the city engineers signature on the phase II Caven Ridge Estates Sub 1 – TED A-2016-0015 PAGE 4 final plat. The land to the west (parcel #S1130212700) and south of phase I shall be included in the second phase of development.  Requirement for all of the developers of Cavanaugh Subdivision to pay $1,465.56 per acre to proportionally offset costs incurred by the City for the Victory Road Gap Sewer Project. S aid payment must be received prior to obtaining the City Engineer’s signature on each final plat. As a condition of approval of the subject time extension, Staff recommends no further time extension or final plat applications are submitted for Cavanaugh Subdivision. A new preliminary plat should be submitted for the remainder of the property prior to submittal of any further final plat applications. IV. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Preliminary Plat (dated: 8/06/11) 3. Approval Final Plat (dated: 4/17/15) B. Conditions of Approval Caven Ridge Estates Sub 1 – TED A-2016-0015 PAGE 5 Exhibit A.1 – Vicinity Map Caven Ridge Estates Sub 1 – TED A-2016-0015 PAGE 6 Exhibit A.2 – Approved Preliminary Plat (11/0/2007) Caven Ridge Estates Sub 1 – TED A-2016-0015 PAGE 7 Exhibit A.3: Approval Final Plat (dated: 4/17/15) Caven Ridge Estates Sub 1 – TED A-2016-0015 PAGE 8 Exhibit B: Conditions of Approval 1. The applicant shall comply with all previous conditions of approval for this project associated with File Numbers: AZ-06-015 (Development Agreement Instrument #106151214), PP-07-015, MI-07-011 (Instrument #108065958), TE-08-022; TE-10-005; TEC-11-005; TEC-13-005, FP-15- 012; and FP-15-013. 2. No further time extension or final plat applications shall be submitted for Cavanaugh Subdivision. A new preliminary plat application shall be submitted and approved for the remainder of the Cavanaugh property prior to submittal of any further final plat applications.