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OrderBEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR A TWO YEAR ) TIME EXTENSION ON THE ) PRELIMINARY PLAT FOR ) CAVANAUGH SUBDIVSION IN ) ORDER TO OBTAIN THE CITY ) ENGINEER'S SIGNATURE ON ) THE FINAL PLAT, LOCATED IN ) THE NORTH Z OF SECTION 30, ) T.3N., R.1E, MERIDIAN, IDAHO ) BY: TRILOGY DEVELOPMENT, ) INC. APPLICANT C/C 11/6/13 CASE NO. TEC-13-005 ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION This matter coming on regularly before the City Council on November 6, 2013, upon the Applicant's submittal of a preliminary plat time extension application for a two (2) year time extension within which to obtain the City Engineer's signature on a final plat for Cavanaugh Subdivision, which preliminary plat was originally approved on January 22, 2008, as provided p in Unified Development Code § 11-6B-7C, and good cause shown. An administrative time extension (TE-08-022) for eighteen (18) months was previously approved for this subdivision b the Planning Director on October 15, 2008 and would have otherwise expired on y P February 22, 2010. A second time extension (TE-10-005) for eighteen (18) months was approved b Council on March 23, 2010 and would have otherwise expired o y the City p n August 22, 2011. A third time extension (TEC-11-005) for two (2) years was approved by the City Council on September p ember 27, ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR CAVAUGH SUBDIVISION (TEC-13-005) Page] of 2 2011 and would have otherwise expired on August 22, 2013 was submitted prior to the expiration date as required. IT IS HEREBY ORDERED THAT: The subject time extension request The above named Applicant is granted an additional two (2) year extended period of time, until August 22, 2015, 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 November 6, 2013 incorporated by reference as Exhibit A. Attached: Staff Report for the hearing date of November 6, 2013 By the action of the City Council at its regular meeting on the = day of 2013. y DATED this Z (��_ day of 013 Mayor y, de Weerd Attest: E )Nt--�eeity Cl 1 SEAL,e THE Copy served upon the Applicant, Planning Department, Public Works Department, and City y "1 BY. Dated: I I - - ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR CAVAUGH SUBDIVISION (TEC-13-005) Page 2 of 2 EXHIBIT A HEARING DATE TO: FROM: SUBJECT: �-- November 6, 2013 EIDIAN (Continued from September 17, and October 22, 2013) Mayor & City Council Sonya Wafters, Associate City Planner Bruce Freckleton, Development Services Manager Cavanaugh Subdivision - L APPLICATION SUMMARY Time Extension (File #TEC-13-005) The applicant, Trilogy Development, Inc., requests a two year time extension T preliminary plat for Cavanaugh Subdivision in order to obtain the City Engineer's signature plat. (Ec) on the on a final II. STAFF RECOMMENDATION Staff recommends approval of the subject time with extension, to expire on August 22, 2015 conditions included in Exhibit B. th the III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number TEC-13- 005, as presented in the staff report for the hearing date of November 6, 2013. Denial After considering all Staff, Applicant, and public testimony, I move to 005, as presented during the hearing on November 6, 2013 for the followinen a son File Number TE state specific reasons for denial and what the applicant could to do to obtain your approval g s. (You must state Continuance pp m the future,) After considering all Staff, Applicant, and public testimony, 13-005 to the hearing date of (insert continued hearing date here) for the foll should state specific reason(s) for continuance I move to continue File Number TEC- ) owing reason(s): (you IV* APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located off the southeast corner of S. Meridian Road & E. S1130212410;Township 3.N, Range R.IE. (Parcel Victory Road, in the northwest 4 of Section 30, 7 2) ' 51130223502; 51130234040; 51130244400; 51130244600; S1130233900; S1130244 No. s. 51130212700; B. Owners: Corey Barton, et al (see affidavits of legal interest submitted with a PO Box 369 Meridian, ID 83680 PPlication) [Note: Since this project was originally platted, the Pro owners and now was of 9 differentParcels Property has been sold o to submitted notarized consent for this a of land. To sta s many d fferent pp rcation from all of the curreo P roedge, the applicant has perty owners.) Cavanaugh Sub PP TEC (TEC-13-005) Page 1 EXHIBIT A C. Applicant: Trilogy Development, Inc. 2358 S. Titanium Place Meridian, ID 83642 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. 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. Where 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 City Council may authorize a time extension up to two years. With all extensions, the City Council may require the plat to comply with current provisions of the UDC. VI. PROCESS FACTS A. The subject application is for a time extension. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 26, and September 9, 2013 C. Radius notices mailed to properties within 300 feet on: August 23, 2013 D. Applicant posted notice on site by: September 7, 2013 VII. HISTORY OF PREVIOUS ACTIONS: • This property received annexation and zoning (AZ-06-015) approval from City Council on August 22, 2006 with R-83 TN-R, and C-N zoning with a development agreement (Instrument #106151214). A preliminary plat (PP-06-013) for Tanana Valley Subdivision was also approved for 548 single-family residential building lots, 1 commercial building lot, 1 school building lot, and 20 common lots on 177.94 acres of land. • A final plat application (FP-07-014) for the first phase of Tanana Valley Subdivision was approved by City Council on June 5, 2007, which was valid until August 22, 2008. • In 2008, a 30.08 acre portion of the site was rezoned (RZ-07-014) from R-8 to C-N (13.59 acres) and TN-C (16.49 acres). A new preliminary plat (PP-07-015) for Cavanaugh Subdivision was also approved for 517 lots [consisting of 443 single-family residential building lots; 1 multi -family residential building lot consisting of 32 conceptual/future apartment units; 8 residential building lots consisting of 61 future/conceptual condo units; 4 mixed use lots consisting of commercial retail on the first floor with 12 residential lofts on the second floor 9 commercial building lots, 1 school building lot, 1 civic/social hall lot, 47 common lots, and 3 other (parking) lots] on 177.43 acres in C-N conditional use permit (CUP-07-017) was approved o convert the existing Caven home TN-R, & R-8 zoning districts. A civic/social hall in an R-8 zone, which is now expired. And last, a development agreement modification (MI-07-011 into a neighborhood center Plan and (Instrument of the #108existm Caven g Bement 58) was approved to address the new g home into acivic/social hall. Cavanaugh Sub PP TEC (TEC-13-005) Page 2 EXHIBIT A 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 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 Coun expired on August 22, 2011. cil on March 23, 2010 and 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 Cityand expired on August 22, 2013. The request for the subjecimeuextension was rsubmitted prior to the expiration date. VIII. STAFF ANALYSIS This is the fourth time extension requested for the subject preliminary 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 preliminaryl J t would be required.plat will expire and a new preliminary plat(s) application 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 Proportionally offset costs incurred by the City for the Victo pay $1' 46 Sewerad Gap Project. S per acre to payment must be received prior to obtaining the City Engineer Roignature on any frnal plaaid t. • 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 c longer applicable as sewer has been constructed in Victorcondition is no • Submittal of a letter to the City allowing the use of their approved plans of the Black Cat sewer trunk line. The applicant complies with this provision the construction • Provision of a pathway connection within a common lot in accord with the stand UDC 11-3A-8 at the south east boundary of the subdivision in Block 43 to connect to thin e future pathway in Cavanaugh Ridge to provide pedestrian interconnectivity between listed ween the two subdivisions and to comply with the block length requirements specified in UDC Per UDC 11-6B-7C 11-6C-3F.1. with all extensions, the City Council may require the preliminary plat to comply with current provisions of the UDC. Since the previous time extension request, pertaining to installation of street lights, performance surety, and warranty surety have changed. As a Provision of the subject time extension request, staff recommends th the City's standards updated standards noted in Exhibit B upon development of the site. e applicant comply with the Since the last time extension request ownership owner to many different owners. Toast ff'skn ledge (as u P p rty has changed from a single property owners have consented to this application — Purported by the applicant), all property consented contingent upon the City requiring an easement be dedicated prior to obtaining Engineer's signature on the first final plat for the property owner, Great Oaks Water Company, necessary for development south of the Ridenbaugh Canal (.'on extension of taming the City e construction and operation of all infrastructure Cavanaugh Sub PP TEC (TEC-13-005) Standing Timber Way Page 3 EXHIBIT A and water and sewer service from phase I to the Ridenbaugh Canal); and prior to obtaining the City Engineer's signature of the phase II final plat, the developer of phases I & II shall be required to submit a road trust to ACHD for 50% of the estimated cost for extension of Standing Timber Way and construction of the bridge across the Ridenbaugh Canal to be constructed in the future by the developer(s) of the adjacent property south of the canal. Because phase I divides the applicant's property so that there are two remaining pieces of land that are not contiguous to one another, these pieces will need to be platted separately. Phase II will need to include the portion of the site to the west and south of phase I which includes Parcel #S 1130212700. As the Ridenbaugh Canal bisects this site, a bridge crossing is needed to fully develop the preliminary plat and provide the necessary access and interconnectivity within the subdivision. The applicant has agreed with the provisions requested by Great Oaks Water Company and recommended by staff. Responsibility for the construction of the southern half of the bridge shall be as determined by ACHD. Staff recommends approval of the applicant's request with the aforementioned conditions of approval in addition to all previous conditions of approval associated with this site. V. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Preliminary Plat (dated: 11 /8/07) B. Conditions of Approval Cavanaugh Sub PP TEC (TEC-13-005) Page 4 PAR r : map f i .,� � irk �i Vp1 EXHIBIT A Exhibit A.2 - Approved Preliminary Plat (dated: 11/8/07) PRELIMINARY PLAT FOR CAVANAUGH SUBDIVISION A PginoN OF AE WRTH 1/4 OF S1001130 IOASHP 3 Nu?% RW I EAST, BUSE YERIgAN MERIDIAN, ADA COUNTY, IDAHO 2007 �. IRA - ON mo appo© a D f INXX '%—NG rtANRES $NO'All W 1HIs SHF£r AAE Nor sHoxN ON oraR sNecrs FOR aAwn. DNE TARF SI FE (I� a<'.0 eimrazs u :wo, pies OWE ENGINEER / SURVEYOR KASTERA DEVELOPMENT L.L.C. J—U—B ENGINEERS, Inc. 15711 HWV 71 250 5. BEECHNOOD A`JENUE SUITE 201 PHONE (20B) 939 SL ND FAX �(209) 939_8170 BOSE, IDAHO 83709 TELEPHONE: (208) 379-7MO ^ ENGINEER: XSSE C. HERNDON. P.E. Cavanaugh Sub PP TEC (TEC-13-005) Page 6 EXHIBIT A Exhibit B — Conditions of Approval 1. The applicant is to meet all terms of the approved annexation (AZ-06-015), rezone RZ-0 - development agreements (instrument # 106151214 & 108065958), preliminary plat (PP-07-015 final plat (FP-07-014) ( 7 014), and time extensions (TE-08-022; TE-10-005; TEC-11-005) for this development. 2. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all ubli roadways per the City of Meridian Improvement Standards for Street Lighting. P c shall be installed at developer's expense. Final designshall be submitted as g All street lights development plan set for approval. Street lighting ipart of the equired at intersections, corners, cul-de- sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 3. The applicant shall obtain the City Engineer's signature on a final plat or apply for a tim extension in accord with UDC 11-6B-7 prior to August 22, 2015. e 4. The City of Meridian requires that the owner post to the City a performance sure in the 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 c surety amount the owner to the City. The surety can be posted in the form of an irrevocable letter of credit c cost estimate provided by deposit or bond. Please contact Land Development Service for more information at 887-2211 ash 5. The City of Meridian requires that the owner post to the City a warranty sure in the 20% of the total construction cost for all completed sewer, water and reuse iiednfrastructur e for duration of two years. This sure �' amount of ver by a owner to the City. The surety can be 1post d in the form of aine n irrevocable cost estimate provided by he deposit or bond. Please contact Land Development Service for more information at 887-Zd't, cash 6 An easement shall be dedicated prior to obtaining the city engineers signature on 211. Plat for the construction and operation of all infrastructure necessary for development so Ridenbaugh Canal (i.e. extension of Standing Timber Way and water the first final phase I to the Ridenbaugh Canal). P south of the and sewer service from 7. Prior to obtaining the city engineers signature of phase II, the developer of submit a road trust to ACHD for 50% of the estimated cost for the extension of Standing Way and construction of the bridge across the Ridenbaugh Phases I & II shall Way and Construction and south o Timber OfPhase I shall be included in the second phaseaofdevelopmente west parcel 8. All of the developers of Cavanaugh Subdivision shall a offset costs incurred by the City for the Victory pay $1,465.56 per acre to proportionally received prior to obtaining the City Engineer'Road Gap Sewer Project. Said a signature on each final plat. payment must be Cavanaugh Sub PP TEC (TEC-13-005) Page 7