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
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City Clerk
Mayor Tam e Weerd
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Copy served -upon Applicant; Community Development Department, Public Works Department and City
Attorney.
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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.