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Summerwood Sub MDA FFCL H-2017-0084CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0084 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the requests to amend the recorded development agreements (DA) recorded as Instrument #’s 108087854; 111010393; and 110051282 to terminate these DA’s for the purpose of entering into one master DA that governs the entire boundary of the Volterra North, Volterra South and Volterra Mixed Use property and the Summerwood property, currently going through the platting process. Additionally, the new master DA will exclude the subject property from a shared DA with the five (5) separate parcels (northwest corner of Ten Mile and McMillan) owned by Wal-Mart Stores, Inc., Icon Credit Union and CFT NV Developments, LLC which will remain subject to the terms approved with DA #110051282, by Wolff Enterprises II, LLC , by WHPacific Case No(s). H-2017-0084 For the City Council Hearing Date of: August 15, 2017 (Findings on September 19, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 15, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 15, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 15, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 15, 2017, 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 from 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0084 - 2 - 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. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 15, 2017, 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 development agreement modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 15, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. 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. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0084 - 3 - F. Attached: Staff Report for the hearing date of August 15, 2017 By action of the City Council at its regular meeting held on the 2017. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER. COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD TIE BREAKER) Attest: SX v v City Clerk Mayor Tam e Weerd pFtATEO of o jDIAN W OAHO SEAL2. I q day of kkp- YVOTED VOTED a VOTED /e4 VOTED *4 VOTED / VOTED A VOTED Copy served -upon Applicant; Community Development Department, Public Works Department and City Attorney. By: Nwalu Dated: e q, City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0084 - 4 - Exhibit A Summerwood Subdivision – MDA H-2017-0084 1 STAFF REPORT HEARING DATE: August 15, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Summerwood Subdivision – (MDA) H-2017-0084 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Bridgetower Investments, Inc., requests to amend the recorded development agreements DA) recorded as Instrument #’s 108087854; 111010393; and 110051282 to terminate these DA’s for the purpose of entering into one master DA that governs the entire boundary of the Volterra North, Volterra South and Volterra Mixed Use property and the Summerwood property, currently going through the platting process. Additionally, the new master DA will exclude the subject property from a shared DA with the five 5) separate parcels (northwest corner of Ten Mile and McMillan) owned by Wal-Mart Stores, Inc., Icon Credit Union and CFT NV Developments, LLC which will remain subject to the terms approved with DA 110051282. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA with the provisions in Exhibit A.6 of the staff report. The Meridian City Council heard these items on August 15, 2017. At the public hearing, the Council approved the subject PP request. a. Summary of City Council Public Hearing: i. In favor: Jane Suggs ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None d. 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-2017-0084 as presented in the staff report for the hearing date of August 15, 2017, with the following modifications: (Add any proposed modifications.) Exhibit A Summerwood Subdivision – MDA H-2017-0084 2 Denial After considering all staff, applicant and public testimony, I move to deny H-2017-0084 as presented during the hearing on August 15, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0084 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. Owner: Bridgetower Investments, LLC 2228 Piazza Drive Meridian, ID 83646 C. Applicant/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: July 28, 2016 C. Radius notices mailed to properties within 300 feet on: July 19, 2017 D. Applicant posted notice on site by: August 4, 2017 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 2006, the land that is now concurrently being proposed for the Summe rwood Subdivision was annexed into the city under the name Prato Villas Subdivision (AZ-06-022, Instrument # 108087854)). In 2008, a portion of the property (111 acres) was rezoned and removed from the original development agreement. This portion has an approved concept plan that depicts a large business park development. Exhibit A Summerwood Subdivision – MDA H-2017-0084 3 A new development agreement (instrument # 110051282) was required with the approval of the rezone. That project is known as Volterra Mixed Use. 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. A modification to an existing development agreement was approved (Instrument 111010393) the replaced the original DA approved with the annexation of the property in 2006. In 2016, City Council approved an amendment to DA instrument #111010393 (H-2016-0033) to allow a right-out only access to N. Ten Mile Road. The right-out only access is constructed; however the applicant never signed the amended DA so this approval has expired. VII. ANALYSIS As mentioned above, this property is governed by three (3) development agreements approved with the Prato Villas and Volterra projects. All of the subject property is envisioned to develop with a mix of residential and commercial uses. For illustrative purposes staff has included the approved plats and concept plan for each of the properties and highlighted which DA governs the respective property (see Exhibit A.2). The applicant’s request includes the termination of the (3) previous agreements for the purpose of entering into one master agreement to govern all of the subject property (approximately 275.92 acres) see Exhibit A.3). The applicant believes having one master agreement will help facilitate future development of the subject properties and would eliminate the need for the owner to coordinate efforts with the other property owners who own the five (5) parcels located at the northwest corner of McMillan and Ten Mile. These five parcels will remain subject to the terms approved with DA Instrument #110051282). Staff has reviewed the terms of the three previous development agreements to determine which provisions may still apply and if any new provisions should be included into the new master agreement. Staff has included all of the DA provisions that govern the subject property and either recommended modifications or removal of certain provisions as follows: Prato Villas (aka Summerwood): NOTE:The Summerwood plat is scheduled to be heard by the Council on Tuesday August 15th. This plat is requested to be included in the development agreement as shown in Exhibit A.4. Prato Villas/Summerwood DA Provisions: 1. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 3. That the applicant will be responsible for all costs associated with the sewer and water service extension. 4. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5 -7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5. That the following shall be the only allowed uses on this property: single-family detached homes and allowed accessory uses of the R-4 zone. 6. That a maximum of 30 single-family building lots will be platted on this property. Exhibit A Summerwood Subdivision – MDA H-2017-0084 4 7.1. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. Staff recommends that these provisions be removed as they are no longer applicable to govern the subject property. The applicant has requested as part of the DA modification that the Summerwood property be included within the boundary of the new master agreement. By doing so this property will be afforded the rights to use the open space and amenities approved with the Volterra North Subdivision. Volterra Mixed Use DA Provisions: 1. Modify: All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development and be generally consistent with the conceptual site plan submitted with this application excluding the properties subdivided with the Coleman Subdivision, as determined by the Planning Director. Any major variations to the concept plan, the applicant shall amend the development agreement and provide a new concept plan for the overall development. 2. Remove All future development on the site shall be subject to administrative design review. 3. Modify: These sites have an existing development agreements, instrument #108087854; 111010393; and 110051282. The entire boundary of the property as depicted in Exhibit A.3 acres shall be subject to a new development agreement for the Volterra Mixed Use Project and will no longer be subject to the previous three (3) development agreements. 4.3. Remove: The C-G zoned property shall consist of a minimum of 6 buildings with no one building exceeding 250,000 square feet. The maximum allowable non-residential square footage for this portion of the development shall be 558,000 square feet. 5.4. Remove: The C-C zoned property shall consist of a minimum of 11 buildings with no one building exceeding 200,000 square feet. The maximum allowable non-residential square footage for this portion of the development shall be 464,000 square feet. 6.5. Remove: The L-O zoned property shall consist of a minimum of 5 buildings with no one building exceeding 20,000 square feet. The maximum allowable non-residential square footage for this portion of the development shall be 120,000 square feet. 7.6. The R-15 zoned property shall consist of a minimum of 3 buildings and a minimum density of 8 dwellings/beds per acre and a maximum of 75 buildings provided it does not exceed the density requirements of the R-15 zoning district with no one building exceeding 130,000 square feet. 8.7. The applicant shall construct five central plaza areas and associated pathway on the site as generally depicted on the conceptual site plan. 9.8. Remove: All buildings on the site shall be generally consistent in appearance with the attached photos (large box, health care, hotel, health club, general business, senior living, skilled nursing, retail) submitted with this application, as determined by the Planning Director. 10.9. Remove: The proposed non-residential and residential buildings shall be constructed with high quality materials, including but not limited to: split face block, stucco, wood and brick, with substantial stone accents, four sided architecture: for retail uses one side may not require full façade treatment if there is screening for the loading area., highlighted main entrances, stamped decorative concrete, flat roofs, accent metal roofing, composite or tile roofing materials and variations in colors, roof planes and parapet heights. 11.10. Remove: A minimum 25-foot wide buffer shall be constructed along W. McMillan Road and N. Ten Mile Road with 5-foot detached sidewalk. Any future collector streets shall have a minimum 20-foot wide landscape buffers on each side of the street. Any future local commercial streets shall have a minimum 10-foot wide landscape buffer. These buffers shall be designed in accordance with the standards listed in UDC 11-3B-7 and shall be constructed with platting of the property or with the issuance of the first building permit if the plat has not been recorded. 12.11. Remove: The applicant shall comply with all landscaping standards described in the Exhibit A Summerwood Subdivision – MDA H-2017-0084 5 UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. 13.12. Modify: The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) approval permit from the Planning Department prior to all new construction on the subject property. 14.13. Remove: Any future signalization installed as the result of the development of this project shall be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 15.14. Remove: Driveway access onto Ten Mile Road just north of McMillan Road shall be designed as a right-in/right-out driveway. 16.15. The applicant shall coordinate with the Parks Department to facilitate the actual design and exact location of the pathways in accordance with the standards listed in UDC 11-3B-8 and 11-3B-12, and the Master Pathways Plan. Said pathway shall be constructed when the extension of the north east/west roadway is constructed on the site. 17. Remove: The applicant shall provide a method for notifying home owners of development plans for the Volterra Mixed–Use project, as determined by the Planning Director. Volterra North and South DA Provisions: 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 approval of 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. Modify: Future development in the C-G, C-C and L-O zones shall comply with the structure and site design standards, as set forth in UDC 11 -3A-19 and the guidelines set forth in the City of Meridian Design Architectural Standards Manual. 6. Modify: Future homes constructed within the Volterra North, and Volterra South and Summerwood Subdivisions shall substantially comply with the sample elevations (see Exhibit A). 7. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 8. Modify: For Phasing purposes, Volterra North, and Volterra South and Summerwood 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. New Provision: 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. Staff’s recommended DA provisions are in Exhibit A.6. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Approved Plats and Concept Plan 3. New Legal Description and Exhibit Maps of the DA Boundary 4. Summerwood Preliminary Plat 5. Staff Recommended Development Agreement Provisions Exhibit A Summerwood Subdivision – MDA H-2017-0084 6 Exhibit A Summerwood Subdivision – MDA H-2017-0084 7 Exhibit A.1: Vicinity/Zoning Map Exhibit A Summerwood Subdivision – MDA H-2017-0084 8 Exhibit A.2: Approved Plats and Concept Plan Prato Villas Exhibit A Summerwood Subdivision – MDA H-2017-0084 9 Volterra Mixed Use Exhibit A Summerwood Subdivision – MDA H-2017-0084 10 Volterra North and South/Volterra MDA Exhibit A Summerwood Subdivision – MDA H-2017-0084 11 Exhibit A.3: Legal Description and Exhibit Maps of the DA Boundary Exhibit A Summerwood Subdivision – MDA H-2017-0084 12 Development Agreements Volterra Mixed Use Prato Villas Volterra North and South/Volterra MDA Exhibit A Summerwood Subdivision – MDA H-2017-0084 13 Exhibit A.3. Summerwood Plat Exhibit A Summerwood Subdivision – MDA H-2017-0084 14 Exhibit A.4. Staff Recommended Development Agreement Provisions CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 1. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development and be generally consistent with the conceptual site plan submitted with this application excluding the properties subdivided with the Coleman Subdivision, as determined by the Planning Director. Any major variations to the concept plan, the applicant shall amend the development agreement and provide a new concept plan for the overall development. 2. These sites have existing development agreements, instrument #108087854; 111010393; and 110051282. The entire boundary of the property as depicted in Exhibit A.3 shall be subject to a new development agreement and will no longer be subject to the previous three (3) development agreements. 3. The R-15 zoned property shall consist of a minimum of 3 buildings and a minimum density of 8 dwellings/beds per acre and a maximum of 75 buildings provided it does not exceed the density requirements of the R-15 zoning district with no one building exceeding 130,000 square feet. 4. The applicant shall construct five central plaza areas and associated pathway on the site as generally depicted on the conceptual site plan. 5. The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) approval from the Planning Department prior to all new construction on the subject property. 6. The applicant shall coordinate with the Parks Department to facilitate the actual design and exact location of the pathways in accordance with the standards listed in UDC 11-3B-8 and 11-3B-12, and the Master Pathways Plan. Said pathway shall be constructed when the extension of the north east/west roadway is constructed on the site. 7. 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. 8. 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. 9. That prior to approval of the 400th residential lot (including Volterra North and Volterra South), the proposed 3 acre park south of McMillan Road shall be constructed. 10. That the park shall include the proposed plaza area and playground equipment. 11. Future development in the C-G, C-C and L-O zones shall comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Architectural Standards Manual. 12. Future homes constructed within the Volterra North, and Volterra South and Summerwood Subdivisions shall substantially comply with the sample elevations (see Exhibit A). 13. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 14. Modify: For Phasing purposes, Volterra North, and Volterra South and Summerwood 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. Exhibit A Summerwood Subdivision – MDA H-2017-0084 15 15. 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.