Volterra Subdivision H-2016-0033CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW � VIE 1
_ I A N,
AND DECISION & ORDER
In the Matter of the Request for a Modification to the Development Agreement for Volterra
Subdivision to allow a right -out, exit only access to N. Ten Mile Road for the office lots approved
with Volterra South Subdivision, by Brighton Investments, LLC.
Case No(s). H-2016-0033
For the City Council Hearing Date of: May 17, 2016 (Findings on June 7, 2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 3, 2016, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 3, 2016, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 3, 2016,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 3, 2016, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received fiom the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0033 - 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 3, 2016, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for a modification to the development agreement is hereby approved
per the Staff Report for the hearing date of May 3, 2016, attached as Exhibit A.
D. Notice of Applicable Time Limits
The development agreement shall be signed by the property owner and returned to the City
within six (6) months of the City Council granting the modification (UDC 11-513-3F).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the six (6) month approval
period (UDC 11-513-317).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to 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.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of May 3, 2016
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0033 - 2 -
By action of the City Council at its regular meeting held on the `�day of
2016.
COUNCIL PRESIDENT KEITH BIRD VOTED eS
COUNCIL VICE PRESIDENT JOE BORTON VOTED t P
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED 2S
COUNCIL MEMBER TY PALMER VOTED 7 CS
COUNCIL MEMBER LUKE CAVENER VOTED_2S
COUNCIL MEMBER GENESIS MILAM VOTED `IeS
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Ta y de Weerd
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Attest: Goo '90
City of
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City Clerk "rF�' °t the TflEnSVQO
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
B Dated: W l C�
City Cie k's
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0033 - 3 -
EXHIBIT A
Volterra Subdivision – MDA H-2016-0033 1
STAFF REPORT
HEARING DATE: May 3, 2016
(Continued to May 17th)
TO: Mayor and City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Volterra Subdivision – H-2016-0033
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Bridgetower Investments, LLC, requests an amendment the recorded development
agreement (DA) (amended as Instrument # 111010393) to allow right-out, exit only access to N. Ten Mile
Road for the office lots approved with Volterra South Subdivision. See Section IX Analysis for more
information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA as requested by the applicant.
The Meridian City Council heard these items on May 17, 2016. At the public hearing, the Council
approved the subject MDA request.
a. Summary of City Council Public Hearing:
i. In favor: Matt Munger
ii. In opposition: Michael Wasnea, Anna Harris, Deborah Nelson
iii. Commenting: Michael Wasnea
iv. Written testimony: None
v. Staff presenting application: None
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Council:
i. Traffic
ii. The ability of residents of the Drawbridge Subdivision to be able to enter and exit their
subdivision.
c. Key Council Changes to Staff/Commission Recommendation
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0033 as
presented in the staff report for the hearing date of May 3, 2016, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny H-2016-0033 as presented during
the hearing on May 3, 2016, for the following reasons: (You should state specific reasons for denial.)
EXHIBIT A
Volterra Subdivision – MDA H-2016-0033 2
Continuance
I move to continue File Number H-2016-0033 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 property subject to the amended DA is located on the north side of W. McMillan Road between
N. Black Cat Road and N. Ten Mile Road in the S ½ of Section 27, T.4N.R.1W. AND
southwest corner of W. McMillan Road and N. Ten Mile Road in the NE ¼ of Section 34, T.
4N.1W.
B. Applicant/Owner:
Bridgetower Investments, LLC
2228 Piazza Drive
Meridian, ID 83646
C. Representative:
WH Pacific, Inc.
2141 W. Airport Way, Suite 104
Boise, ID 83705
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for a development agreement modification. 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: April 4 and April 18, 2016
C. Radius notices mailed to properties within 300 feet on: March 31, 2016
D. Applicant posted notice on site by: April 22, 2016
VI. LAND USE
A. A. Existing Land Use(s): The subject property is currently vacant commercial land and developing
single-family residential developments in the Volterra Heights and Vicenza Subdivisions.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding area is currently
agricultural in nature except along the eastern portion of site there is a mix of single family residential,
office and commercial uses and planned residential, office and commercial property, zoned R -2, R-4,
R-8, R-15, L-O, C-C, C-N, L-O and RUT in Ada County.
C. History of Previous Actions:
In 2010, the property received preliminary plat (PP) approval for 301 residential lots on 120.6 acres of
land for Volterra North Subdivision and approval to rezone (RZ) 58.33 acres from the R -4 (Low-
density Residential District) zone to the R-8 (Medium-density Residential District) zone and
preliminary plat (PP) approval for 194 residential lots on 80.4 acres of land for Volterra South
Subdivision.
Also in 2010, a modification to an existing development agreement was approved (Instrument
#111010393) to alter certain provisions of the agreement having to do with the timing of certain
development items.
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Volterra Subdivision – MDA H-2016-0033 3
VII. ANALYSIS
The proposed access was not proposed by the applicant, nor was it discussed by Council with the
Volterra South subdivision. The applicant is now seeking a right-out only onto N. Ten Mile Road.
ACHD has approved the access and UDC 11-3A-3 requires the applicant to obtain a council
waiver for the access.
As mentioned above, a DA was required when the subject site was an nexed in 2005, and the DA was
modified in 2010. A comprehensive list of the DA provisions that currently govern the site are as
follows:
1. That prior to approval of the 200th residential lot, (including Volterra North and Volterra South), the
10.2 acre park (James Park) shall be constructed.
2. That the park shall include the proposed swimming pool and restrooms, the water feature
(fountain), club house, the 10-foot wide multi-use pathway and the tot lot.
3. That prior to the 400th residential lot (including Volterra North and Volterra South), the proposed 3
acre park south of McMillan Road shall be constructed.
4. That the park shall include the proposed plaza area and playground equipment.
5. Future development in the C-G and L-O zones shall comply with the structure and site design
standards, as set forth in the UDC-3A-19 and the guidelines set forth in the City of Meridian
Architectural Standards Manual.
6. Future homes constructed within the Volterra North and Volterra South Subdivisions shall
substantially comply with the sample elevations (see Exhibit B).
7. All future development of the subject property shall comply with City of Meridian ordinances in
effect at the time of development.
8. For phasing purposes, Volterra North and Volterra South plats shall be reviewed as one project and
both plats will remain valid as successive phases receive City Engineer’s signature. The same
applies to any future time extensions that may be requested.
The applicant is proposing to add a provision to the DA to allow for right-out access to N. Ten Mile
Road for parcel # S0434112300.
The proposed text is as follows:
9. One “Right Out, Exit Only” access point will be permitted south of the spine road (N. Vicenza
Way) onto Ten Mile Road for future egress from the adjacent commercial lots.
The applicant has provided an exhibit that demonstrates how the access would serve the office portion
of the development. ACHD staff has approved the right-out only access as proposed by the applicant.
Per UDC 11-3A-3, the City Council has the authority to grant the access to Ten Mile Road. Therefore
staff has crafted the proposed DA provision the Council should consider if Council grants the right-out
only access to Ten Mile Road (see Exhibit A.4).
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Approved Conceptual Development Plan
3. Driveway Exhibit
4. Staff Recommended Changes to the Development Agreement Provisions
5. ACHD Conditions of Approval
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Volterra Subdivision – MDA H-2016-0033 4
EXHIBIT A
Volterra Subdivision – MDA H-2016-0033 5
Exhibit A.1: Vicinity/Zoning Map
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Volterra Subdivision – MDA H-2016-0033 6
Exhibit A.2: Approved Conceptual Development Plan
Subject Property
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Volterra Subdivision – MDA H-2016-0033 7
3. Driveway Exhibit
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Volterra Subdivision – MDA H-2016-0033 8
4. Staff Recommended Changes to the Development Agreement Provisions
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
6.1. Owner/Developer shall develop the Property in accordance with the following special
conditions:
1. That prior to approval of the 200th residential lot, (including Volterra North and Volterra South), the
10.2 acre park (James Park) shall be constructed.
2. That the park shall include the proposed swimming pool and restrooms, the water feature (fountain),
club house, the 10-foot wide multi-use pathway and the tot lot.
3. That prior to the 400th residential lot (including Volterra North and Volterra South), the proposed 3 acre
park south of McMillan Road shall be constructed.
4. That the park shall include the proposed plaza area and playground equipment.
5. Future development in the C-G and L-O zones shall comply with the structure and site design
standards, as set forth in the UDC-3A-19 and the guidelines set forth in the City of Meridian
Architectural Standards Manual.
6. Future homes constructed within the Volterra North and Volterra South Subdivisions shall substantially
comply with the sample elevations (see Exhibit B).
7. All future development of the subject property shall comply with City of Meridian ordinances in effect
at the time of development.
8. For phasing purposes, Volterra North and Volterra South plats shall be reviewed as one project and
both plats will remain valid as successive phases receive City Engineer’s signature. The same applies to
any future time extensions that may be requested.
9. One “Right Out, Exit Only” access point will be permitted south of the collector road (N. Vicenza Way)
onto Ten Mile Road for future egress from the adjacent office lots in accord with the driveway exhibit
attached as Exhibit A.3.
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Volterra Subdivision – MDA H-2016-0033 9
5. ACHD Conditions of Approval
Site Specific Conditions of Approval
1. Construct a 20-foot wide (maximum) right-out exit-only driveway on Ten Mile Road located 277-feet
south of Vicenza Way.
2. Pave the driveway its entire width and a minimum of 30-feet into the site.
3. The driveway should be signed for right-out only movements.
4. Construct a raised median on Ten Mile Road extending 75-feet north and south of the driveway.
5. A Traffic Impact Fee may be assessed by ACHD and will be due prior to issuance of a building permit.
Please contact the ACHD Planner (see below) for information regarding impact fees.
6. Plans shall be submitted to the ACHD Development Review Department for plans acceptance, and
impact fee assessment (if an assessment is applicable).
7. Comply with the Standard Conditions of Approval as noted below.
Standard Conditions of Approval
1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way
(including all easements).
2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD
right-of-way.
3. In accordance with District policy, 7203.6, the applicant may be required to update any existing non -
compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act
(ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to
District Development Review staff for review.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
5. A license agreement and compliance with the District’s Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by
the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in
the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the
District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details.
9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards
and approved supplements, Construction Services procedures and all applicable ACHD Standards
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Volterra Subdivision – MDA H-2016-0033 10
unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify
all improvement plans.
10. Construction, use and property development shall be in conformance with all applicable requirements
of ACHD prior to District approval for occupancy.
11. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant’s authorized representative and an authorized representative of
ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from
ACHD.
12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and
may require additional improvements to the transportation system at that time. Any change in the
planned use of the property which is the subject of this application, shall require the applicant to comply
with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance
of the requirements or other legal relief is granted by the ACHD Commission.