Silverwater Subdivision No. 2 FP-15-013BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 2 COMMON )
LOTS ON 4.67 ACRES OF LAND IN )
THE R-8 ZONING DISTRICT FOR )
SILVERWATER SUBDIVISION NO. )
2 )
BY: TRILOGY DEVELOPMENT )
APPLICANT )
HEARING DATE: NNE 16, 2015
CASE NO. FP -15-013
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on May 5 and 26, and June 16, 2015 for final
plat approval pursuant to Unified Development Code (UDC) 11-613-3 and the Council finding
that the Administrative Review is complete by the Planning and Development Services Divisions
of the Community Development Department, to the Mayor and Council, and the Council having
considered the requirements of the preliminary plat, the Council takes the following action:
IT IS HEREBY ORDERED THAT:
1. The Final Plat of "PLAT SHOWING SILVERWATER SUBDIVISION NO. 2,
SITUATED IN THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP
3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA
COUNTY, IDAHO 2015, HANDWRITTEN DATE: 4/7/15 BY MICHAEL S.
BYRNS, PLS, SHEET 1 OF 4," is conditionally approved subject to those
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SILVERWATER SUBDIVISION NO.2 (FP -15-013)
Page 1 of 3
conditions of Staff as set forth in the staff report to the Mayor and City Council
from the Planning and Development Services divisions of the Community
Development Department dated May 26, 2015, a true and correct copy of which is
attached hereto marked "Exhibit A" and by this reference incorporated herein, and
the response letter from Shawn Brownlee, Trilogy Development, a true and
correct copy of which is attached hereto marked "Exhibit B" and by this
reference incorporated herein.
2. The final plat upon which there is contained the certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City's
requirements shall be signed only at such time as:
2.1 The plat dimensions are approved by the City Engineer; and
2.2 The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash surety has been
issued guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SILVERWATER SUBDIVISION NO. 2 (FP -15-013)
Page 2 of 3
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho
Code§ 67-52.
By action of the City Council at its regular meeting held on the / day of
2015.
Attest: o�a�,,,IZD UCtl
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Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City Attorney.
By 1 Dated:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SILVERWATER SUBDIVISION NO. 2 (FP -15-013)
Page 3 of 3
EXHIBIT A
Silverwater Subdivision No. 2 FP-15-013 PAGE 1
STAFF REPORT
MEETING DATE: May 26, 2015
(Continued from: May 5, 2015)
TO: Mayor and City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: FP-15-013 – Silverwater Subdivision No. 2 (aka Cavanaugh Subdivision)
I. APPLICATION SUMMARY
The applicant, Trilogy Development, has applied for final plat (FP) approval of 2 common lots on
4.67 acres of land in an R-8 (medium density residential) zoning district. This is the second phase of
development of Silverwater Subdivision.
II. STAFF RECOMMENDATION
Staff recommends approval of the Silverwater Subdivision No. 2 final plat based on the analysis
provided below in Section V.
III. PROPOSED MOTION
Approval
I move to approve File Number FP-15-013 as presented in the staff report for the hearing date of May
26, 2015, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number FP-15-013, as presented during the hearing on May 26, 2015, for the
following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number FP-15-013 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 south of E. Victory Road on the east side of S. Standing Timber
Way, in the NW ¼ of Section 30, T. 3N., R. 1E.
B. Applicant:
Trilogy Development
2358 S. Titanium Place
Meridian, ID 83642
C. Owner:
CBH Homes, Inc.
1977 E. Overland Road
Meridian, ID 83642
EXHIBIT A
Silverwater Subdivision No. 2 FP-15-013 PAGE 2
D. Representative:
Justin Bozovich, J-U-B Engineers, Inc.
250 S. Beechwood Ave., Ste. 201
Boise, ID 83709
V. STAFF ANALYSIS
The proposed final plat depicts 2 common area lots on 4.67 acres of land in an R-8 zoning district.
The land contained in the subject final plat was included in the preliminary plat for Cavanaugh
Subdivision, approved in 2007. The preliminary plat conditions of approval require amenities to be
provided within the 177+/- acre development per the approved landscape plan as follows: a 25’ x 60’
swimming pool, a 4’ radius hot tub, a 15’ x 15’ splash park, a 20’ x 20’ water plaza, and an open play
area. These amenities were all planned within the large common area (Lot 24, Block 9) on the subject
property adjacent to S. Standing Timber Way.
Since the time the preliminary plat was approved, the land included in the original Cavanaugh
subdivision has been divided and is now under different ownership and is being developed by several
different developers. The land on the north side of the Ridenbaugh Canal on the west side of S.
Standing Timber Way has developed with multi-family residential uses (Red Tail Apartments) and
single-family residential homes (Red Wing Subdivision). The property on the east side of S. Standing
Timber Way, north of the Ridenbaugh Canal, is owned and being developed by CBH Homes which
includes the subject site. The property south of the canal is now owned by many different entities.
Because the Cavanaugh project is not developing as a single master-planned project as envisioned,
staff does not believe it’s reasonable to require the subject property owner to provide the same
amenities proposed with the preliminary plat. The subject property had a disproportionate share of
amenities shown – most of the amenities for the entire preliminary plat area are were on this site.
Therefore, staff requested the applicant propose amenities commensurate to their proposed 60 acre
development. The applicant proposes to provide the following amenities in Phase 3: a tot lot, ½ court
sport court, and a picnic area with a gazebo and benches/tables. Staff recommends approval of the
amenities proposed by the applicant.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat in accord with the requirements listed in UDC 11-6B-3C.2. The acreage of common area is the
same as that shown on the preliminary plat and based on the discussion above, staff believes the site
amenities are adequate for this development. Therefore, staff deems the proposed final plat in
substantial compliance with the approved preliminary plat. Further, staff has reviewed the total
amount of qualified open space proposed to be provided with the overall Silverwater development
and it meets the minimum requirements listed in UDC 11-3G-3.
Note: The preliminary plat landscape plan proposed a pathway along the north side of the canal as a
site amenity; however, because a pathway was not constructed along the north side of the canal to the
east with Sicily Subdivision, staff does not recommend a pathway is required on this site as it will
serve no purpose; there is a pathway planned along the south side of the Ridenbaugh Canal.
VI. SITE SPECIFIC CONDITIONS
1. Applicant shall meet all terms of the approved annexation (AZ-06-015, Development Agreement
Instrument #106151214), preliminary plat (PP-07-015), amended Development Agreement (MI-
07-011, Instrument #108065958), and time extensions (TE-08-022; TE-10-005; TEC-11-005;
TEC-13-005).
EXHIBIT A
Silverwater Subdivision No. 2 FP-15-013 PAGE 3
2. The applicant shall obtain the City Engineer’s signature on the final plat within two (2) years of
the City Engineer’s signature on the first phase final plat (on or before January 28, 2016); or,
apply for a time extension in accord with UDC 11-6B-7.
3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
4. The final plat prepared by J-U-B Engineers, Inc., stamped on 4/7/15 by Michael S. Byrns shall be
revised as follows:
a. Include the ACHD license agreement number on note #10.
b. A minimum 20-foot wide common lot for a street buffer is required along the west side of S.
Standing Timber Way, a collector street, per UDC Table 11-2A-6.
5. The landscape plan prepared by Breckon Land Design dated 4/3/15, shall be revised prior to
signature on the final plat by the City Engineer as follows:
a. Include a calculations table that demonstrates compliance with the standards listed in UDC
11-3B-5D, 11-3B-7C and 11-3G-3E.
b. A minimum 20-foot wide common lot for a street buffer is required on the west side of S.
Standing Timber Way, a collector street, per UDC Table 11-2A-6 and is required to be
landscaped in accord with the standards listed in UDC 11-3B-7C.
c. Fencing is required along the open section of the Kennedy Lateral in accord with the
standards listed in UDC 11-3A-6B; depict the location of the fencing and a detail of the fence
on the plan.
d. Include mitigation details on the plan for all existing healthy trees 4-inch caliper or greater
that are proposed to be removed from the site in accord with the standards listed in UDC 11-
3B-10C.
6. All fencing installed on the site must comply with the standards listed in UDC 11-3A-6 and 11-
3A-7.
7. Prior to obtaining the city engineers signature of phase II, the developer of phases I & II shall
submit a road trust to ACHD for 50% of the estimated cost for the extension of S. Standing
Timber Way and construction of the bridge across the Ridenbaugh Canal.
8. This development is subject to pay $1,465.56 per acre, to proportionally offset costs incurred by
the City of Meridian for the Victory Road Gap Sewer Project. Said payment must be received
prior to obtaining the City Engineer’s signature on each final plat.
9. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the Applicant of responsibility for compliance.
VII. GENERAL REQUIREMENTS
1. Sanitary sewer service to this development is available via extension of existing mains adjacent to
the development. The applicant shall install mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
EXHIBIT A
Silverwater Subdivision No. 2 FP-15-013 PAGE 4
2. Water service to this site is available via extension of existing mains adjacent to the development.
The applicant shall be responsible to install water mains to and through this development,
coordinate main size and routing with Public Works.
3. Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
District (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for
building permits.
4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete
fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat.
6. The City of Meridian requires that the owner post with the City a performance surety in the
amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement
with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit,
cash deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
7. 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, and water infrastructure for a duration
of two years. This surety amount will be verified by a line item final cost invoicing 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. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
8. All development improvements, including but not limited to sewer, water, fencing, pressurized
irrigation and landscaping shall be installed and approved prior to obtaining certificates of
occupancy, or as otherwise allowed by UDC 11-5C-1.
9. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
10. It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
11. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
12. Developer shall coordinate mailbox locations with the Meridian Post Office.
13. All grading of the site shall be performed in conformance with MCC 11-12-3H.
14. Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
15. The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
EXHIBIT A
Silverwater Subdivision No. 2 FP-15-013 PAGE 5
16. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
17. At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
18. 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, which must include the location of any existing street lights.
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.
19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
20. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
21. Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
22. Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
development plan approval.
24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
EXHIBIT A
Silverwater Subdivision No. 2 FP-15-013 PAGE 6
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
V. EXHIIBITS
A. Vicinity Map
B. Approved Preliminary Plat (dated: 11/8/07)
C. Proposed Final Plat (dated: 4/3/15)
D. Proposed Landscape Plan (dated: 3/11/15)
EXHIBIT A
Silverwater Subdivision No. 2 FP-15-013 PAGE 7
Exhibit A – Vicinity Map
EXHIBIT A
Silverwater Subdivision No. 2 FP-15-013 PAGE 8
Exhibit B – Approved Preliminary Plat (dated: 11/8/07)
EXHIBIT A
Silverwater Subdivision No. 2 FP-15-013 PAGE 9
Exhibit C – Proposed Final Plat (dated: 4/7/15)
EXHIBIT A
Silverwater Subdivision No. 2 FP-15-013 PAGE 10
Exhibit D –Proposed Landscape Plan (dated: 4/3/15)
EXHIBIT B
Machelle Hill
From:
Sonya Watters
Sent:
Thursday, June 11, 2015 3:43 PM
To:
Shawn Brownlee; Charlene Way; Jacy Jones; Jaycee Holman; Machelle Hill
Cc:
Scott Wonders (swonders@jub.com)
Subject:
RE: Silverwater Sub. 3 FP -15-012 Staff Report for 6/16 CC Mtg
Clerk,
Please place Silverwater Sub. 2 on the consent agenda and Silverwater Sub. 3 on the regular agenda.
Thanks,
Sonya
From: Shawn Brownlee [mailto:shawn@trilogyidaho.com]
Sent: Thursday, June 11, 2015 3:04 PM
To: Sonya Watters; Charlene Way; lacy ]ones; Jaycee Holman; Machelle Hill
Cc: Scott Wonders (swonders@jub.com)
Subject: RE: Silverwater Sub. 3 FP -15-012 Staff Report for 6/16 CC Mtg
Sonya,
We concur with the Silverwater phase 2 & 3 staff report excluding condition site specific 5.b in phase 3.
We would like to have the portion specifying the out parcel sidewalk be removed, we have no control over third party
improvements.
Please feel free to contact me to discuss.
Thanks,
Shawn Brownlee
Project Manager
2358 S Titanium PI
Meridian, ID 83642
(208) 895-8858 office
(208) 860-8371 cell
(208) 895-0714 fax
From: Sonya Watters [mailto:swatters@merldiancity.org]
Sent: Thursday, June 11, 2015 2:44 PM
To: Charlene Way; Jacy Jones; Jaycee Holman; Machelle Hill
Cc: Shawn Brownlee
Subject: Silverwater Sub. 3 FP -15-012 Staff Report for 6/16 CC Mtg