Subdivision Staff Report Subdivision Name Nativa Terra Subdivision File SOS07-00003 No. 3 Number Approval Waiver of Subdivision Lead Boise City Ordinance Agency Public Hearing Date May 22, 2007 Heard by Boise City Council Planning and Zoning Commission Approval May 14, 2007 Analyst David Abo, AICP Request: The applicant, Terra Nativa, LLP, requests a waiver of Section 9-20-05.D.2.b.1. of the Boise City Subdivision Ordinance to allow the continuation of Nativa Terra Subidvision No. 3 and to allow for a two year period between submittal of phases. The Nativa Terra Subdivision No. 3 contains 37.81 acres with 19 buildable lots and two common lots. The site is located on the south side of East Table Rock Road, approximately 1,300 feet east of the intersection of North Strata Via Way and East Table Road. History: The preliminary plat of Nativa Terra Subdivision No. 3 (SUB03-00073) was approved by the Boise City Council on March 24, 2004. The Final Plat of the first phase was approved by the Boise City Council on May 3, 2005. The applicant submitted the Final Plat for the next phase on April 28, 2007. The Final Plat for the second phase was required to be submitted and approved within one year of the Boise City Council s approval of the previous phase. Boise City Subdivision Ordinance Section 9-20-05 PROCEDURES *** D. PROCEDURE: BOISE CITY FINAL PLAT *** 2. LIMITATION ON TIME OF FILING: a. Filing of the Final Plat shall be made within two (2) years after action by the Council on said Preliminary Plat.
SOS07-00003 / Terra Nativa, LLP / Waiver of Subdivision Ordinance Boise City Council / May 22, 2007 2 of 4 b. Failure to file a Final Plat within two (2) years after the action by the Council approving said Preliminary Plat shall cause all approvals of said Preliminary Plat to have been voided; provided, however, that upon application of the applicant, the Council may grant an extension for a period not to exceed one (1) year, provided an application for extension is filed, in writing, at least twenty (20) working days prior to the expiration of the first two (2) year period and each additional period as may have been granted by the Council. In granting of the time extension, the Council reserves the right to modify and/or add conditions to the Final Plat to conform with adopted policies and/or Ordinance changes which have occurred following initial approval. Upon approval/denial of a time extension, the Review Analyst shall notify applicant and all agencies having jurisdiction of the action taken by the Council. 1. Approved preliminary plats may be phased and do not need time extensions as long as at least one (1) phase of the plat is undertaken annually. The twelve (12) month time frame within which the next phase must be submitted and approved by the Council shall be measured from the date of the previous phase's approval by Council. Said phases shall still be subject to the requirements of 9-20-5.D.2.c. c. Filing of Final Plat on phased developments may require modifications to the conditions as approved by Council. Council reserves the right to modify and/or add conditions to the Final Plat to conform with adopted policies and/or ordinance changes for each phase submitted after two (2) years following Preliminary Plat approval in accordance with 9-20- 5.D.2.b. Section 9-20-09 MODIFICATIONS, WAIVERS, AND APPEALS A. Whenever a tract to be subdivided is of such unusual size or shape or is surrounded by such developments or has unusual conditions that the strict application of these regulations would result in substantial hardship or inequity, the Council may waive or modify such requirements so the applicant may develop the property in a reasonable manner, provided the Council finds that the quality of the development is not diminished and the public welfare and the interests of the City are protected, the general intent and spirit of these regulations are preserved and conformity to the Comprehensive Plan is assured.
SOS07-00003 / Terra Nativa, LLP / Waiver of Subdivision Ordinance Boise City Council / May 22, 2007 3 of 4 B. In granting waivers and/or modifications from these regulations, the Council may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so waived or modified. Analysis: The Preliminary Plat for the Nativa Terra Subdivision No. 3 was submitted on November 25, 2003. The original request was for 19 buildable lots on 37.81 acres. The Boise City Subdivision requires that a Final Plat be filed within two years after the approval of the Preliminary Plat. The Final Plat for the first phase of the Nativa Terra Subdivision No. 3 was approved for 4 buildable lots (21% of the 19 lots approved) by the Boise City Council on May 3, 2005. The Final Plat was recorded on November 22, 2005. The applicant proposes to plat 8 lots (42 % of the 19 lots approved) in the next phase (Nativa Terra Subdivision No. 4). The remainder of the Preliminary Plat of the Nativa Terra Subdivision No. 3 expired on May 3, 2006 as per the regulations in the Boise City Subdivision Ordinance. The applicant has submitted a letter explaining why the Waiver is being requested. The letter is attached to the Staff Report. There have been no changes in Boise City regulations relating to this subdivision application or changes on the property. The grading permit issued to the applicant is still valid. Staff finds that the public welfare and the interests of Boise City are protected by granting the Waiver. The Waiver will not violate the general intent and spirit of these regulations are preserved and conformity to the Comprehensive Plan is assured. Recommendation: Boise City Planning and Development Services Staff recommends approval of the Waiver request to extend the Preliminary Plat approval for the remaining portion of the Nativa Terra Subdivision No. 3 and increasing the time limit from one year to two years for the phasing submittal deadline subject to the following Conditions of Approval: 1. The Final Plat for the Nativa Terra Subdivision No. 4 may be submitted for approval subject to previous Conditions of Approval for SUB03-00073 with a modification to the phasing submittal deadlines. 2. The Final Plat for the Nativa Terra Subdivision No. 5 shall be submitted prior to May 5, 2009. Subsequent phases shall be submitted every two years thereafter. The Boise City Planning and Zoning Commission recommended approval of the Waiver request on May 14, 2007. Attachments: Vicinity map Applicant's letter Preliminary plat of the Nativa Terra Subdivision No. 3
Aerial Map SOS07-00003 / Terra Nativa, LLP / Waiver of Subdivision Ordinance Boise City Council / May 22, 2007 4 of 4