Staff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
HEARING DATE: March 23, 2010 Marc:
TO: Mayor & City Council ~ ~~~~~~
1 ~,~ ,
FROM: Sonya Wafters, Associate City Planner
SUBJECT: Cavanaugh Subdivision -Time Extension (File #TE-10-005)
I. APPLICATION SUMMARY
The applicant, DBSI Tanana Valley, LLC, requests approval of an 18-month time extension to obtain
the City Engineer's signature on the final plat for the first phase of the Cavanaugh Subdivision. The
subject plat consists of 123 building lots and 12 common lots on 24.8 acres of land in the R-8 and
TN-R zoning districts.
The Applicant has been unable to meet the time requirements specified in Unified Development Code
(UDC) 11-6B-7. The Applicant states that current economic and real estate market conditions have
impacted the timetable for the development. Consequently, it has not been possible for the applicant
to apply for the City Engineer's signature on the Phase 1 final plat prior to the expiration date. If a
time extension is granted, the applicant believes there is a good chance of eventually finishing the
project as the economy rebounds and development is re-energized. A time extension would keep the
project viable and attract a new owner and/or developer to the property.
II. STAFF RECOMMENDATION
Staff recommends approval of an 18-month time extension to obtain the City Engineer's signature on
the final plat for the first phase of Cavanaugh Subdivision as requested by the applicant, to expire
August 22, 2011, with the conditions included below in Exhibit B.
III. PROPOSED MOTION
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number TE-10-
005, as presented in the staff report for the hearing date of March 23, 2010.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number TE-10-005,
as presented during the hearing on March 23, 2010 for the following reasons: (You must state specific
reasons for denial and what the applicant could to do to obtain your approval in the future.)
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number TE-10-
005 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
should state specific reason(s) for continuance)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located on the southeast corner of S. Meridian Road and E. Victory Road
in Section 30, Township 3 North, Range 1 East.
B. Owner:
DBSI Tanana Valley, LLC
12426 W. Explorer Drive
Boise, ID 83713
Cavanaugh Subdivision PP TE.doc Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
C. Applicant:
Same as owner
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. 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 City Council may authorize a time extension up to 18 months. 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: March 1, and 15, 2010
C. Radius notices mailed to properties within 300 feet on: February 25, 2010
D. Applicant posted notice on site by: March 9, 2010
VII. HISTORY OF PREVIOUS ACTIONS:
• This property received annexation and zoning (AZ-06-015) approval from City Council on
August 22, 2006 with R-8, 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 conceptuaUfuture 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, TN-C, TN-R, & R-8 zoning districts. A
conditional use permit (CUP-07-017) was approved to convert the existing Caven home into a
civic/social hall in an R-8 zone. And last, a development agreement modification (MI-07-011)
(Instrument #108065958) was approved to address the new neighborhood center plan and
conversion of the existing Caven home into acivic/social hall.
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.
VIII. STAFF ANALYSIS
This is the first time extension requested for approval by City Council; an 18-month time extension
was previously granted by the Director but has now expired. During the review of the first time
Cavanaugh Subdivision PP TE.doc Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
extension in 2008, staff determined the final plat complied with current provisions of the UDC at that
time and did not require additional conditions be added to those previously approved by City Council.
In regard to time extension requests, in August, 2008, the City Council determined that if
development of infrastructure is holding up development of adjacent properties, the applicant should
install such infrastructure, as a condition of approval of a time extension, within a certain time period
as determined by staff not to exceed 6 months. Please see below and Exhibit B for staff's
recommendation in regard to Council's determination in this matter.
Staff recommends as conditions of approval of the time extension, that prior to signature of the final
plat by the City Engineer, the applicant submit a letter of credit for their portion of the required
sanitary sewer construction improvements along the project's frontage in Victory Road. Further, staff
recommends that the applicant provide 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 subject time extension in order for this time extension to remain valid. Staff also
recommends that the applicant submit a letter to the City allowing the use of their approved plans for
the construction of the Black Cat sewer trunk line.
Additionally, a new preliminary plat was recently approved for development of the property that
abuts the subject property at the south boundary known as Cavanaugh Ridge subdivision. As a
condition of this time extension, staff recommends that a pathway connection be provided at the
southeast boundary of the subdivision in Block 43 to connect to the future pathway in Cavanaugh
Ridge to provide pedestrian interconnectivity between the two subdivisions and to comply with the
block length requirements specified in UDC 11-6C-3F.1.
V. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Approved Preliminary Plat (prepared by: J-U-B Engineers, dated: 11 /8/07)
B. Conditions of Approval
Cavanaugh Subdivision PP TE.doc Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Exhibit A.1-Vicinity/Zoning Map
Cavanaugh Subdivision PP TE.doc Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Exhibit A.2 -Approved Preliminary Plat (prepared by: J-U-B Engineers, dated: 11/8/07)
CAVANAUGH SUBDIVISION
.,. r S';.:IIXJ
-CM 1 ;:r,w 30'.Sl 61CRIgN~
MERIDIAN, ADA COUNTY, IDAHO
zoos
~, I
nc~ Po
~.~ ~. ~ y
~ '~
~ iln~
=,i ~~~~
NGNIiv MAP
i
B,
6 ~ $
w ~ ~ ~~~
m N ~ ~'
~m
_. =Y
"~
;~
~S
ug'=
:_~5s
fir..-.,~
__ ~_ r
.... a ~. .1 ,, ..m ..,
'.,.
~.
~" ~ ~
i ~~ ~~~ )~ ~~,
3HEETINDEX
TABLE o . s..M sy Piet
m/«~
OWNER ENGINEER /SURVEYOR
KASTERA DEVE~OPM ENT LL C J U B ENGINEERS Inc.
15]11 HNT 55 ,., 3 E[ )- i 4 E E
BOISE, ID 83]14 80 E p. r0 d3 pJ I
PHONE: (208) 939-LAND fAX: (208) 939-81]0 f U [ Ob 6
- ~ n F ~E., JE C n~Fr L01.
_.....F... R. iii h~D M. npOCE. !... ..
2
~~
~~
m Q77
f= (j
=a
as
z
~Q
U
Cavanaugh Subdivision PP TE.doc Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Exhibit B -Conditions of Approval
1. The applicant is to meet all terms of the approved annexation (AZ-06-015), rezone (RZ-07-014),
development agreements (instrument #106151214 & 108065958), preliminary plat (PP-07-015),
conditional use permit (CUP-07-017), and final plat (FP-07-014) for this development.
2. As of February 4, 2009, future construction for all non-single family detached homes shall be
subject to Design Review and Certificate of Zoning Compliance approval per the standards set
forth in the City of Meridian Design Manual and UDC 11-3A-19A.
3. The applicant shall submit 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.
The applicant shall submit the letter of credit or cash deposit prior to signature on the final plat by
the City Engineer. Contact Meridian Public Works Department for more information at 898-5500.
4. The applicant shall provide 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 subject time extension in order for the subject time extension to remain valid. The applicant
shall also submit a letter to the City allowing the use of their approved plans for the construction
of the Black Cat sewer trunk line.
5. The applicant shall provide a pathway connection within a common lot in accord with the
standards listed in UDC 11-3A-8 at the south east boundary of the subdivision in Block 43 to
connect to the future pathway in Cavanaugh Ridge to provide pedestrian interconnectivity
between the two subdivisions and to comply with the block length requirements specified in UDC
11-6C-3F.1.
Cavanaugh Subdivision PP TE.doc Page 6