Cavanaugh Subdivision TEC-11-005BEFORE THE MERIDIAN CITY COUNCIL
C/C SEPTEMBER 27, 2011
IN THE MATTER OF THE
REQUEST FOR A TWO (2) YEAR
TIME EXTENSION ON THE
PRELIMINARY PLAT FOR
CAVANAUGH SUBDIVISION IN
ORDER TO OBTAIN THE CITY
ENGINEER'S SIGNATURE ON A
FINAL PLAT, LOCATED IN
SECTION 30, T.3N., R.lE,
MERIDIAN, IDAHO
BY: DBSI TANANA VALLEY, LLC
APPLICANT
CASE NO. TEC-11-005
ORDER OF CONDITIONAL
APPROVAL OF TIME EXTENSION
This matter coming on regularly before the City Council on September 27, 2011, 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 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 by
the Planning Director on October 15, 2008 and would have otherwise expired on February 22,
2010. A subsequent time extension (TE-10-005) for eighteen (18) months was approved by City
Council on March 23, 2010 and would have otherwise expired on August 22, 2011.
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR CAVANAUGH SUBDIVISION TEC-11-005
Page 1 of 2
IT IS HEREBY ORDERED THAT:
The above named Applicant is granted an additional two (2) year extended period of time,
until August 22, 2013, within which to obtain the City Engineer's signature on a final
lat, subject to the conditions of approval as shown in the attached Staff Report for the
p
hearing date of September 27, 2011 incorporated by reference.
Attached: Staff Report for the hearing date of September 27, 2011
By the action of the City Council at its regular meeting on the ~~~ day of
~~~,~~ , 2011.
DATED this ~` day of (~~~1`r 2-- , 2011
Mayor T y de Weerd
Attest:
yce~-Iolman, City Clerk
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City of
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Copy served upon the Applicant, Planning Department, Public Works Department, and City
Attorney.
Dated. ~ ~
BY.
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ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR CAVANAUGH SUBDIVISION TEC-11-005
Page 2 of 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
HEARING DATE: September 27, 2011 ~`i~ j~E IDIAN~-- Mar
TO: Mayor & City Council l O A H 0
FROM: Sonya Watters, Associate City Plarmer
SUBJECT: Cavanaugh Subdivision -Time Extension (File #TEC-11-005)
I. APPLICATION SUMMARY
The applicant, DBSI Tanana Valley, LLC, requests approval of a two year time extension (TEC) on
the preliminary plat for Cavanaugh Subdivision in order to obtain the City Engineer's signature on a
fmal plat.
II. STAFF RECOMMENDATION
Staff recommends approval of the subject time extension, to expire on August 22, 2013, with the
conditions included in Exhibit B.
III. PROPOSED MOTION
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number TEC-11-
005, as presented in the staff report for the hearing date of September 27, 2011.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number TEC-11-
005, as presented during the hearing on September 27, 2011 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 TEC-
11-005 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 site is located on the southeast comer of S. Meridian Road & E. Victory Road, in the
northwest''/n of Section 30, Township 3.N, Range R.lE.
B. Owner:
DBSI Tanana Valley, LLC
12426 W. Explorer Drive
Boise, ID 83713
C. Applicant:
Same as owner
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
Cavanaugh Sub PP TE (TEC-11-005) Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
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 the 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: September 5, and 19, 2011
C. Radius notices mailed to properties within 300 feet on: September 1, 2011
D. Applicant posted notice on site by: September 16, 2011
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, which is now expired. 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.
Another 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 expired on August 22, 2011.
Cavanaugh Sub PP TE (TEC-11-005) Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
VIII. STAFF ANALYSIS
This is the third 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, anew application would be required for preliminary plat approval.
The previous time extension required compliance with design standards in the UDC as well as the
design guidelines contained in the Meridian Design Manual. The applicant was also required to
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 prior to signature on a final
plat by the City Engineer, which they have not yet done. The applicant was also required to 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 previous time extension to remain valid, which they have done. 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, which have they have done. Lastly, the applicant was required to 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.
Staff does not recommend any new conditions with approval of the subject time extension.
V. EXHIBITS
A. Drawings
1. Vicinity Map
2. Approved Preliminary Plat (dated: 11/8/07)
B. Conditions of Approval
Cavanaugh Sub PP TE (TEC-11-005) Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Exhibit A.1-Vicinity Map
Cavanaugh Sub PP TE (TEC-11-005) Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Exhibit A.2 -Approved Preliminary Plat (dated: 11/8/07)
PFjELMINAP.Y PLAT
FOR
CAVANAUGH SUBDIVISION
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Cavanaugh Sub PP TE (TEC-11-005) Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT
Exhibit B -Conditions of Approval
The applicant is to meet all terms of the approved annexation (AZ-06-015), rezone (]3Z-07-014),
development agreements (instmment #106151214 & 108065958), preliminary plat (PP-07-015),
final plat (FP-07;Q14), and time extensions (TE-08-022; TE-10-005; TEC-11-005) for this
development.
Cavanaugh Sub PP TE (TEC-11-005) Page 6
AGREEMENT
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT, made this ~~" day of n(~Q~ , 2011, by and
between the City of Meridian, a municipal corporation organized under the laws of the State of
Idaho, hereinafter referred to as "CITY", whose address is 33 East Broadway Avenue, Meridian,
Idaho 83642, and M. D. Willis, Inc., hereinafter referred to as "Contractor", whose address is
1695 E. Comisky, Meridian, Idaho, 83642
PREMISES:
A. Whereas, as part of its records, CITY desires to produce minutes and verbatim
transcripts of heazings; and,
B. Whereas, CONTRACTOR is in the business of providing stenographic services
to public bodies, and others who need verbatim transcripts; and
C. Whereas, CITY and CONTRACTOR desire to enter into an agreement whereby
CONTRACTOR would famish stenographic services to the CITY.
NOW, THEREFORE, the parties hereto agree as follows:
Scope of Services: CONTRACTOR shall perform all the necessary services
provided under this agreement in connection with taking minutes and testimony at
hearings in proceedings before the Meridian City Council and the Meridian City
Planning and Zoning Commission. CONTRACTOR agrees to attend four (4) regular
City Council meetings each month, and two (2) regular scheduled Planning and
Zoning Commission meetings each month, and at those meetings, to transcribe the
proceedings as to produce minutes and verbatim transcripts. CONTRACTOR will
furnish to the City Attorney and the Planning Department, within two working days
following a given meeting, a rough draft of the transcript. A final transcript shall be
furnished to the City Clerk's office with a copy thereof, within five working days
following the meeting.
In the event CITY requires additional stenographic services beyond the six monthly
meetings set forth above, CONTRACTOR agrees to provide such additional services
provided that CONTRACTOR receives not less than two days notice prior to such
meeting or meetings.
2. Contractor Non-Attendance -Emergency: In the event that an emergency or some
other event not within CONTRACTOR' S control prevents CONTRACTOR from
attending one of the meetings herein, CONTRACTOR'S attendance at that meeting
shall be excused and CONTRACTOR shall prepaze the minutes/heazing record from
audio tapes furnished by the City Clerk. In that event, CONTRACTOR shall not be
paid the meeting attendance fee but will be compensated for the actual transcription.
Agreement for Stenographic Services FY09 -page 1 of 5
CONTRACTOR shall notify the City Clerk as soon as possible regarding the
emergency and reason for non-attendance.
3. Time of Performance: The services of CONTRACTOR are to commence on the ls`
day of October, 2011 and continue through the 30"' day of September, 2012, unless
terminated or renewed.
4. Compensation: CITY shall pay to CONTRACTOR the sum of TWENTY
DOLLARS ($20.00) per hour (rounded to the nearest one-half hour) per meeting
attendance by CONTRACTOR and further shall send an e-mail attached document
transcription attachment and produce an original transcript, one copy thereof, and one
Microsoft Word formatted electronic copy upon request at SDt DOLLARS ($6.00)
per page based upon single spaced with margins of not more than one inch each on all
sides on an 81/2" x 11"page with the font to be Arial 12 pitch.
5. Method of Payment: CONTRACTOR will invoice the City of Meridian Accounting
Department at 33 East Broadway Avenue, Meridian, Idaho 83642 directly for all
current amounts earned under this Agreement at the end of each month. The CITY
will pay all invoices no later than the 15a' day of the month following delivery of the
Invoice to CITY.
6. Notices: Any and all notices required to be given by either of the parties hereto,
unless otherwise stated in this agreement, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
City of Meridian
33 E. Broadway Avenue
Meridian, Idaho 83642
M. D. Willis, Inc.
1695 E. Comisky
Meridian, Idaho, 83642
Either parry may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
8. Attorney Fees: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any
other relief as maybe granted, to court costs and reasonable attorneys' fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to
be a separate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
Agreement for Stenographic Services FY09 -page 2 of 5
9. Time is of the Essence: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term, condition and provision
hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of, and a default under, this Agreement by the party so failing to
perform.
10. Subcontracting: None of the services covered by this agreement shall be
subcontracted without the prior written consent of the CITY. CONTRAACTOR shall
be fully responsible to CITY for the acts and omissions of subcontractors, and of
persons either directly or indirectly employed by them, as CONTRACTOR is for the
acts and omissions of person directly employed by CONTRACTOR.
11. Assignment: It is expressly agreed and understood by the parties hereto, that
CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of
its rights under this Agreement except upon the prior express written consent of
CITY.
12. Discrimination Prohibited: In performing the Services required herein,
CONTRACTOR shall not discriminate against any person on the basis of race, color,
religion, sex, national origin or ancestry, age or disability.
13. Duplication, Reproduction and Use of Material: No material produced in whole or
in part under this Agreement shall be subject to copyright in the United States or in
any other country. The CITY shall have unrestricted authority to publish, disclose
and otherwise use, in whole or in part, any reports, data or other materials prepared
under this Agreement.
14. Termination for Cause: If, through any cause, CONTRACTOR, its officers,
employees, or agents fails to fulfill in a timely and proper manner its obligations
under this Agreement, violates any of the covenants, agreements, or stipulations of
this Agreement, CITY shall thereupon have the right to terminate this Agreement by
giving written notice to CONTRACTOR of such termination and specifying the
effective date thereof at least fifteen (15) days before the effective date of such
termination. In such event, all finished or unfinished documents, data, maps, studies,
surveys, drawings, models, photographs and reports prepared by CONTRACTOR
under this Agreement shall, at the option of CITY, become its property, and
CONTRACTOR shall be entitled to receive just and equitable compensation for any
work satisfactorily completed hereunder.
Notwithstanding the above, CONTRACTOR shall not be relieved of liability to CITY
for damages sustained by CITY by virtue of any breach of this Agreement by
CONTRACTOR, and CITY may withhold any payments to CONTRACTOR for the
purposes of offset until such time as the exact amount of damages due CITY from
CONTRACTOR are determined. This provision shall survive the termination of this
Agreement and shall not relieve CONTRACTOR of its liability to CITY for damages.
Agreement for Stenographic Services FY09 -page 3 of 5
CITY understands and acknowledges that CONTRACTOR has the right to terminate
due to cause instigated by CITY. In that situation, CONTRACTOR would have the
same rights as CITY identified herein.
16. Independent Contractor Status: Both the CITY and CONTRACTOR agree that the
relationship created by this agreement is that of independent contractor and not that of
employee and employer. CONTRACTOR is responsible for the payment of any
taxes, including, but not limited to, all federal, state and local personal and business
income taxes, sales and use taxes, other business taxes and license fees, arising out of
the activities of the CONTRACTOR. CONTRACTOR is responsible to keep in force
all necessary public liability insurance and vehicle insurance with carriers which are
satisfactory to CITY, and shall hold the CITY harmless from all claims, demands or
suits arising out of the performance of services under this agreement.
17. Insurance: CONTRACTOR will supply CITY with proof of insurance general
liability and vehicular liability insurance limits of not less than FIVE HUNDRED
THOUSAND DOLLARS ($500,000).
18. Construction and Severability: If any part of this Agreement is held to be invalid or
unenforceable, such holding will not affect the validity or enforceability of any other
part of this Agreement so long as the remainder of the Agreement is reasonably
capable of completion.
19.Option to Renew: CITY shall have the option to renew this agreement for
successive one year periods provided that CITY notifies CONTRACTOR no later
than thirty (30) days before the end of this agreement and any extension or renewal
thereof, of CITY'S exercise of such option.
20. Entire Agreement: This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether
previous to the execution hereof or contemporaneous herewith.
21. Applicable Law: This Agreement shall be governed by and construed and enforced
in accordance with the laws of the State of Idaho, and the ordinances of the City of
Meridian.
22. Approval Required: This Agreement shall not become effective or binding until
approved by the City of Meridian.
Agreement for Stenographic Services FY09 -page 4 of 5
IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it
effective as hereinabove provided.
DATED AND SIGNED this 4th day of October, 2011.
CITY OF MERIDIAN
BY:
Tammy eerd, Mayor
Attest:
dty of
City Clerk m
SEAL
rP
F, iRF
M. D. WILLIS, INC.
BY:
M. Dean Willis, President
Attest:
,.
9
een Willis, Secretary
Agreement for Stenographic Services FY09 -page 5 of 5