Cavanaugh Subdivision TEC-13-005BEFORE THE MERIDIAN CITY COUNCIL
C/C 11/6/13
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 '/2 OF SECTION 30,
T.3N., R.lE, MERIDIAN, IDAHO
CASE NO. TEC-13-005
ORDER OF CONDITIONAL
APPROVAL OF TIME EXTENSION
BY: TRILOGY DEVELOPMENT,
INC.
APPLICANT
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 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 second time extension (TE-10-005) for eighteen (18) months was approved by the City
Council on March 23, 2010 and would have otherwise expired on August 22, 2011. A third time
extension (TEC-11-005) for two (2) years was approved by the City Council on September 27,
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR CAVAUGH SUBDIVISION (TEC-13-005)
Page 1 of 2
2011 and would have otherwise expired on August 22, 2013. The subject time extension request
was submitted prior to the expiration date as required.
IT IS HEREBY ORDERED THAT:
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
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By the action of the City Council at its regular meeting on the ~ ~ day of
2013.
DATED this
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2 ~ day of N 013
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Mayor y de Weerd
Attest:
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. ee itv Clerk ~ ,
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Copy served upon the Applicant, Planning Department, Public Works Department, and City
Attorney.
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ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR CAVAUGH SUBDIVISION (TEC-13-005)
Page 2 of 2
EXHIBIT A
E IDIAN~--
tDAHO
HEARING DATE: November 6, 2013
(Continued from September 17, and October 22, 2013)
TO: Mayor & City Council
FROM: Sonya Wafters, Associate City Planner
Bruce Freckleton, Development Services Manager
SUBJECT: Cavanaugh Subdivision -Time Extension (File #TEC-13-005)
I. APPLICATION SUMMARY
The applicant, Trilogy Development, Inc., requests a two year time extension (TEC) on the
preliminary plat for Cavanaugh Subdivision in order to obtain the City Engineer's signature on a final
plat.
II. STAFF RECOMMENDATION
Staff recommends approval of the subject time extension, to expire on August 22, 2015, 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-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 deny File Number TEC-13-
005, as presented during the hearing on November 6, 2013 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-
13-005 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 off the southeast corner of S. Meridian Road & E. Victory Road, in the
northwest '/4 of Section 30, Township 3.N, Range R.lE. (Parcel No.'s: 51130212700;
51130212410; 51130120760; 51130223502; 51130234040; 51130244400; 51130244600;
51130233900;51130244712)
B. Owners:
Corey Barton, et al (see affidavits of legal interest submitted with application)
PO Box 369
Meridian, ID 83680
[Note: Since this project was originally platted, the property has been sold off to many d~erent
owners and now consists of 9 different parcels of land. To staff's knowledge, the applicant has
submitted notarized consent for this application from all of the current property 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-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.
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 Council on March 23, 2010 and
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
expired on August 22, 2013. The request for the subject time extension was submitted 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 preliminary plat will expire and a new preliminary plat(s) application
would be required.
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 X1,465.56 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.
• Provision of 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.
Per UDC 11-6B-7C, 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, the City's standards
pertaining to installation of street lights, performance surety, and warranty surety have changed. As a
provision of the subject time extension request, staff recommends the applicant comply with the
updated standards noted in Exhibit B upon development of the site.
Since the last time extension request, ownership of the property has changed from a single property
owner to many different owners. To staff's knowledge (as purported by the applicant), all property
owners have consented to this application -one property owner, Great Oaks Water Company,
consented contingent upon the City requiring an easement 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
Cavanaugh Sub PP TEC (TEC-13-005) 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 1 1 3 02 1 2700.
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
EXHIBIT A
Exhibit A.l -Vicinity Map
Cavanaugh Sub PP TEC (TEC-13-005) Page 5
EXHIBIT A
Exhibit A.2 -Approved Preliminary Plat (dated: 11/8/07)
PRELIMINARY PLAT
FOR
CAVANAUGH SUBDIVISION
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MERIDIAN, ADA COUNTY, IDAHO
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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-07-014),
development agreements (instrument #106151214 & 108065958), preliminary plat (PP-07-015),
final plat (FP-07-014), 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 public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval. Street lighting is required 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 time
extension in accord with UDC 11-6B-7 prior to August 22, 2015.
4. The City of Meridian requires that the owner post to the City a performance surety in the amount
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 cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
5. The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
6. An easement shall be dedicated prior to obtaining the city engineers 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).
7. Prior to obtaining the city engineers signature of phase II, the developer of phases I & II shall
submit a road trust to ACRD for 50% of the estimated cost for the extension of Standing Timber
Way and construction of the bridge across the Ridenbaugh Canal. The land to the west (parcel
#51130212700) and south of phase I shall be included in the second phase of development.
8. All of the developers of Cavanaugh Subdivision shall 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 each final plat.
Cavanaugh Sub PP TEC (TEC-13-005) Page 7