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ApplicationHearing Date: April 26, 2016 Project Name: Volterra Subdivision File No(s).: H-2016-0033 Request: (MDA): Request to amend the recorded development agreement (DA) (Instrument #106034786, amended as Instrument No. 111010393) to allow right out only access to N. Ten Mile Road for the office lots approved with the Volterra South Subdivision, by Bridgetower Investments, LLC. Location: North side of W. McMillan Road between N. Black Cat Road and N. Ten Mile Road in the S 1/2 of Section 27, T.4N.R.1W. AND southwest comer of W. McMillan Road and N. Ten Mile Road in the NE '/4 of Section 34, T. 4N.1 W. CiWEIDIAN� I H ECEIVE MAR 1 1 2016 STA" USE ONLY: Project name: `\J o1kex- vQ File number(s): h — L—U \ U Assigned Planner: JOA Type of Review Requested (check all that apply) Planning Division REVIEW APPLICATION P q-2%-16 ❑ Accessory Use ❑ Planned Unit Development ❑ Administrative Design Review ❑ Preliminary Plat ❑ Alternative Compliance ❑ Private Street ❑ Annexation and Zoning ❑ Property Boundary Adjustment ❑ Certificate of Zoning Compliance ❑ Rezone ❑ City Council Review ❑ Short Plat ❑ Comprehensive Plan Map Amendment ❑ Time Extension: ❑ Comprehensive Plan Text Amendment Director/ Commission/Council (circle one) ❑ Conditional Use Permit ❑ UDC Text Amendment ❑ Conditional Use Modification ❑ Vacation: Director/Commission (circle one) Director/ Council (circle one) ® Development Agreement Modification ❑ Variance ❑ Final Plat ❑ Other ❑ Final Plat Modification Applicant Information Applicant name: -C Applicant address: City: Meridian McCollum Phone: 415.747.6882 Email: State: Id Zip: 83646 Applicant's interest in property: IS] Own ❑ Rent ❑ Optioned ❑ Other Owner name: Owner address: City: Phone: Email: State: Zip:._ Agent/Contact name (e.g., architect, engineer, developer, representative): Matt M Munger Firth name: WHPacific, Inc. Phone: 208.275.8704 Agent address:2141 W. Airport Way, .Ste_ 104 Email: mmunger@whpacific.com City: Boise State: Id Zip: 83705 Primary contact is: ❑ Applicant ❑ Owner ® Agent/Contact Subject Property Information Location/street address: Ten Mile Road Township, range, section: 4N, 1 W S34 Assessor's parcel number(s): SO434112300 Total acreage: 3 01 Zoning district: L O Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 .Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.ore/planning -1- (Rev. 06/12/2014) Project/subdivision name: Volterra Mixed Use General description of proposed project/request: Request Modification of Development Agreement Inst. #111010393 to allow for a Right -out onto Ten Mile Road Proposed zoning district(s): N/A Acres of each zone proposed: N/A Type of use proposed (check all that apply): ❑ Residential ❑ Office ® Commercial ❑ Employment ❑ Industrial ❑ Other 11 II __ -- n AecS Who will own & maintain the pressurized irrigation system in this development? F'IiJ k oom r- pGa}io n Which irrigation district does this property lie -within? Settlers Irrigation District ( 1 \ L 1 ,' Primary irrigation source: '&Y Ic _ Wa ICAt�YI Secondary: 0,)V� )cbkkr %Q_ WQ,6 QA" Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) N/A Number of residential units: Number of common lots: Number of building lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3 bedrooms: Minimum square footage of structure (excl. garage): Minimum property size (s.f): Gross density (Per UDC l I -IA -1): Acreage of qualified open space: _ 4 or more bedrooms: Maximum building height: _ Average property size (s.f): Net density (Per UDC 11-1A-1): Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): Amenities provided with this development (if applicable): Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse ❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other Non-residential Project Summary (if applicable) Unknown at this time Number of building lots: _ Gross floor area proposed: Hours of operation (days and hours): Total number of parking spaces provided: Authorization Print applicant name: Applicant signature: - Common lots: Other lots: Existing (if applicable): Building height: Number of compact spaces provided: Date: Community Development ■ Planning Division ■ 33 E. Broadway Avenue,. Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.or planning -2- (Rev. 0611212014) WHPadi c March 9, 2016 Honorable Mayor and Meridian City Council City of Meridian 33 E. Broadway Ave. St. 210 Meridian, Idaho 83642 RE: Development Agreement Modification Application -Volterra Subdivision Dear Honorable Mayor and City Council Members; On behalf of Bridgetower Development, LLC, please accept this Development Agreement Modification application for Volterra Subdivision. The development agreement was created with the Volterra Subdivision Preliminary Plat, which included both Volterra North and Volterra South Subdivisions. The project included land on the north and south sides of McMillan Road between 10 Mile Road and Blackcat Road. The details associated with this request are outlined below: 1. Bews Family Limited Partnership and Primeland Investment Group, LLC are the current owners of the property which is being affected by the proposed modification. They are the successors to the original parties to the agreement. 2. The Original Development Agreement was approved by the City of Meridian on 17 February 2006 and was recorded on March 7, 2006 as Instrument number 106034786. The "Second Amendment to Development Agreement" was approved by the Meridian City Council on May 26, 2010 and recorded on June 3, 2010 as instrument number 110051282. The Second Amendment to Development Agreement removed approximately 111 acres from the Original Development Agreement and created a new development agreement for this area. 4. Addendum to Development Agreement was approved by the Meridian City Council on December 7, 2010 and recorded February 2, 2011 as Instrument #111010392. The applicant is requesting to modify Development Agreement, Instrument #111010393 Section 6; 6.1 to add; 9. One "Right Out" access point will be permitted south of the spine road onto Ten Mile Road for future egress from the adjacent commercial lots. 2141 West Airport Way, Suite 104 • Boise, ID 83705 • T 208.342.5400 • F 208.342.5353 • www.whpacific.com WHM-1 Thank you for your consideration of this matter. Sincerely, WHPacific, Inc. �i Lwa _ ' " Cara Duskey Development coordinator ADA COUNTY RECORDER Christopher D. Rich AMOUNT 19.00 4 BOISE IDAHO 06/03/2011 01:03 PM DEPUTY Vicki Allen SiECORc ED -REQ Recording I VIII VIII VIII VIII IIIIIII VIII VIII II IIIIIIII III VIII IIII IIII RECORDED -REQUEST OP TITLEONE BOISE 111045310 19109.31Lb57-/6&6 SPECIAL WARRANTY DEED FOR VALUE RECEIVED, PRIMELAND INVESTMENT GROUP, LLC, an Idaho limited liability company, (the "Grantor"), does hereby grant, bargain, sell and convey unto BRIDGETOWER INVESTMENTS, LLC, an Idaho limited liability company, or assigns (the "Grantee"), whose address is 40 Tappan Road, San Anselmo, California, 94960, the described real property situate in Ada County, Idaho, and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. TOGETHER WITH all and singular easements, licenses, permits, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, the remainder and remainders, rents, issues and profits thereof, and all estate, right, title and interest in and to the said property as well as law as in equity of the Grantor. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the Grantee, and Grantee's heirs and assigns. EXCEPT those to which this conveyance is expressly made subject as set forth below, those exceptions from coverage set forth in Schedule B of the ALTA Commitment known as File No. A1093922 dated May 16, 2011, issued by Fidelity National Title Insurance Company which is by this reference incorporated herein as if set forth, (except that title exceptions 7, 25, 37, and 48 shall be deleted at closing) and those made, suffered or done by the Grantee or Grantor's predecessors in title, easements of record or use, covenants of record, and except general taxes and assessments (including irrigation and utility assessments, if any) for the current year. Grantor makes no covenants or warranties with respect to title, express or implied, other than that previous to the date of this instrument, Grantor has not conveyed the same estate to any person other than Grantee and that such estate is at the time of the execution of this instrument free from encumbrances done, made or suffered by Grantor, or any person claiming under Grantor. JN WITNESS WHEREOF, Grantor hereto has set its hand this 2,�_ day of ,� ti --k- 2011. PRIMELAND INVESTMENT GROUP, LLC Mary it oyd, Manager SPECIAL. WARRANTY DEED - 1 STATE OF IDAHO ) ss, County of Ada ) On this day of in the year 2011, before me, 1e, a oa,- g .g , a Notary Public in and for said State, personally appeared MARY FLOYD, known or identified to me to be the MANAGER of the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. . IN WITNESS WHEREOF, Ihave hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �oTARI •T (i B 1, yTC®OF tVP101 ••aaa,ercn 10e SPECIAL WARRANTY DEED - 2 a� s Notary Public for Idah 5/077 DARLING Residence: Commission Expires: r} stn nir., a ,';''., G0MMISSION EAP(P a: 99-2p-13 EXHIBIT "A" PROPERTY DESCRIPTION Parcel 6: A parcel of land located in the Northeast quarter of the Northeast quarter of Section 34, Township 4 North, Range 1 West, Boise Meridian, City of Meridian. Idaho, being more particularly described as follows: Commencing at the corner common to Sections 26 and 35, and the said Sections 27 and 34, from which the quarter corner common to said Sections 27 and 34 bears North 88°55'55" West, 2654.57 feet; thence along the East line of said Section 34 South 00°53'19" West 25.00 feet; thence North 68°55'55" West 25.00 feet to the Real Point of Beginning; thence along the West right-of-way of Ten Mlle Road South 00953'19" West 1290.65 feet to a point on the South line of the North half of the Northeast quarter; thence North 89°05'58" West 457.58 feet; thence North 00°52'09" East 357,69 feet to a point on a curve; thence 767,32 feet along the arc of a non -tangent curve to the right, having a radius of 545.00 feet, a delta angle of 80°40'05", and a long chord bearing North 39°1658" West, 70549 feet to a point of tangency; thence North 01'04'04" East 190,65 feet; thence North 07034'19" West 99,73 feet; thence North 01 °04'04" East 107.27 feet to a point on the South right-of-way of McMillan Road; thence along said right-of-way South 88°55'55" East 926.38 feet to the Point of Beginning, Excepting therefrom; A parcel of land being a portion of a tract of land recorded as Warranty Deed, Instrument No. 106099040, Ada County records, situated in the Northeast quarter of the Northeast quarter of Section 34, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Idaho, being more particularly described as follows; Commencing at the section corner common to Sections 26, 27, 34 and 35 of said township and range; thence along the section line common to said Sections 34 and 35 South 00°52'46" West 25.00 feet; thence EXHIBIT "A" PROPERTY DESCRIPTION (Continued) North 88°56'29" West 25.00 feet to the Point of Beginning; thence South 00052'46" West 1144.11 feet along aline parallel with and 25,00 feet West of the section line common to said Sections 34 and 35; thence leaving said parallel line North 89007'14" West 21.00 feet; thence North 00052'46" East 1107.80 feet along a line parallel with and 46.00 feet West of the section line common to said Sections 34 and 35; thence leaving said parallel line; thence North 5204913" West 61.70 feet; thence South 8805629" East 70,73 feet along a line parallel with and 25.00 feet South of the section line common to said Sections 27 and 34 to the Point of Beginning. Parcel 7: A parcel of land being a portion of existing right-of-way of West McMillan Road situated in the Northeast quarter of the Northeast quarter of Section 34, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, j Idaho, being more particularly described as follows: Commencing at the section corner common to Sections 26, 27, 34 and 35 of said township and range; thence along the section line common to said Sections 27 and 34 North 88°56'29" West 198,96 feet; thence South 01 °03'31" West 25.00 feet to the Point of Beginning; thence North 88°56'29" West 752.34 feet along a line parallel with and 25.00 feet South of the section line common to said Sections 27 and 34; thence leaving said parallel line North 01 °03'31" East 11.00 feet; thence South 88056129" East 664.34 feet along a line parallel with and 14.00 feet South of the section line common to said Sections 27 and 34; thence leaving said parallel line South 81 °48'59" East 88.68 feet to the Point of Beginning. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA I, Mike McCollum of Bddgetower Investments, LLC , 2228 piazza Dr. (name) (address) Meddlan Idaho (city) (state) being fust duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: Justin Blackstock 2228 Piazza Dr, Meridian, Idaho 83646 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. 1 hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s), Dated this day of Afhk 20 S (Signature) SUBSCRIBED AN]) SWORT4 to before me the day and year fust above written. P (Notary Public for Idaho) 7 ®.® z � �o'°UBLtG Residingat: AdA &uv1`r r�kn museoO�ft OF I9 Q•e• My Commission Expires: Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.ore/nlannine 1 ME M•. m o N A VOLTERRA SUBDIVISION D A MODIFICATION VICINITY MAP BRIDGETOWER INVESTMENTS - TEN MILE AND MCMILLAN IMPROVEMENTS °""""°'"`° °"EU "F° WIIlaCC IIr s�oa Bcke. ID ezr°s 9937N DmWN MMM Pool 1838W-GCS01 D"EcsED wzwiwwm�nway, FAST EDIT W12 NTS EL,.TE �o S O b b G T V N R TT�l T . Mack Cat Rd O F 3 F � n 3 > A _ R N V r, i cu c - i i anvo>al1N Ya ' F G 0 G � ,._. F _Tm Mile Rd s ooa N Arcno Ave $s = NVercelil W„o Y �,� N $� n a._ o N Co'tona WaY..s' s �n Arr H a py k a Y z a A v 3 o o -- N Station PI $ 6 c 2� m `2 6 1S o m A 6-ZE NG odid"d L q m m S m Ja a { oRZ 3 0e 4 t O F 'N t4 t.0. 0 0 o `% Long LAV, as 1aN3 it '3 dg d J 4.10•Sa a A n O b ^._. u n o LF] F of 4- o v m . -A u d N Penn9rove Way m m o m -0_.. N -Linder Rd R _ m. fey -r N ArlissAve 'I 1 Rot m o N A VOLTERRA SUBDIVISION D A MODIFICATION VICINITY MAP BRIDGETOWER INVESTMENTS - TEN MILE AND MCMILLAN IMPROVEMENTS °""""°'"`° °"EU "F° WIIlaCC IIr s�oa Bcke. ID ezr°s 9937N DmWN MMM Pool 1838W-GCS01 D"EcsED wzwiwwm�nway, FAST EDIT W12 NTS EL,.TE �o S CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES Project/Subdivision Name: Volterra Mixed Use Date: 2/29/2016 Applicant(s)/Contact(s): Cara Duskey City Staff: Josh, Bill Location: Size of Property: Comprehensive Plan FLUM Designation: MDR, MU -C Design Guidelines Development Context: ❑ Urban Urban/Suburban ❑ Suburban ❑ Rural Existing Use: AG, SFR Existing Zoning: C -G, L-0, R-8, R-4 Proposed Use: Proposed Zoning: Surrounding Uses: SFR, Commercial, office Street Buffer(s) and/or Land Use Buffer(s): Open Space/Amenities/Pathways: Access/Stub Streets/Street System: Sewer & Water Service: Waterways/ Floodplain/Topography/Hazards: History: AZ -05-040: Instrument Number(DA) 106034786; MDA -10-0091 RZ-10-004: PP -10-004; PP -10-005• RZ-08-004• MDA -08 002;CPA-08-003: Note: A Traffic impact Study (TIS) will be required by ACHD for large commercial projects and any residential development with over 100 units. To avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application to the City. Not having ACHD comments and/or conditions on large projects may delay hearing(s) at the City. Please contact Mindy Wallace at 387- 6178 or Christy Little at 387-6144 at ACHD for information in regard to a TIS, conditions, impact fees and process. Other Agencies/Departments to Contact: ❑ Ada County Highway Dist. (ACHD) ❑ Nampa Meridian Irrigation Dist. (NMID) ❑ Public Works Department ❑ Idaho Transportation Dept. (ITD) ❑ Settler's Irrigation District ❑ Building Department ❑ Republic Services ❑ Police Department ❑ Parks Department ❑ Central District Health Department ❑ Fire Department ❑ Other: Application(s) Required: ❑ Administrative Design Review ❑ Conditional Use Permit Modification/Transfer Rezone ❑ Alternative Compliance X Development Agreement Modification ❑ Short Plat ❑ Annexation ❑ Final Plat ❑ Time Extension - Council ❑ City Council Review ❑ Final Plat Modification ❑ UDC Text Amendment ❑ Comprehensive Plan Amendment - Map ❑ Planned Unit Development ❑ Vacation ❑ Comprehensive Plan Amendment -Text ❑ Preliminary Plat ❑ Variance ❑ Conditional Use Permit ❑ Private Street ❑ Other Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public hearing (except for a vacation or short plat), and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre -application meeting shall be valid for four (4) months. [1 Volterra South Neighborhood Meeting Cottonwood Development, LLC Date: March 3, 2016 Time: 5pm Location: Development Site. Name Phone Number Address Email Address S�Co� CA,Nv 9y 9-31,f( , W Gra va 39"�a�r ems, lK� s�lc �KC7 3a s �� r,J� — COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. ,3 -%-/i' Date Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.ore/nlannine C E 0 IDIAN*-- IDAHO Community Development Parcel Verification Date:3/9/16 Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 208.887.2211 The parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name Parcel Number: Acres: T/R/S: Volterra Subdivision 50434112300 3.01 4N 1W 34 Property Owner: Bridgetower Investments, LLC 2450 Watson Ct. Palo Alto, CA 94303 Address Verification Rev: 04/23/12 ll "�Ten NIPO'�;MW iocowErt lmwn�T PENrs Mlle 8McMillan Im mvements Fff­ 9 Wl"000W-PL VIEW FSNOl