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Summerwood Subdivision MDA H-2019-0001ADA COUNTY RECORDER Phil McGrane 2019-055407 BOISE IDAHO Pgs=32 LISA BATT 06/26/2019 09:35 AM CITY OF MERIDIAN, IDAHO NO FEE 101 Divi 011113 90V I QQ_ '� PARTIES: I . City of Meridian 2. Bridgetower Investments, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 2s� day of JUrV, 2019, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Bridgetower Investments, LLC, whose address is 398 E. Copper Ridge Street, Meridian, ID 83646, hereinafter called OWNER/DEVELOPER. 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for development agreement modification for the purpose of combining/terminating four (4) recorded developments [Instrument #'s 106034786 (Volterra), 108087854 (Prato Villas), 111010393 (Volterra North and South) and 110051282 (Volterra Mixed -Use) to create one new master Development Agreement that governs the entire Vicenza/Volterra development, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearing before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the modification of development agreements held before the City Council, includes responses of goverment DEVELOPMENT AGREEMENT— SUMMERWOOD SUBDIVISION (H-2019-0001) /� /0, PAGE 1 OF 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 2 5 , 2 0 1 9 – P a g e 1 6 9 o f 3 4 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 2 5 , 2 0 1 9 – P a g e 1 7 0 o f 3 4 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 2 5 , 2 0 1 9 – P a g e 1 7 1 o f 3 4 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 2 5 , 2 0 1 9 – P a g e 1 7 2 o f 3 4 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 2 5 , 2 0 1 9 – P a g e 1 7 3 o f 3 4 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 2 5 , 2 0 1 9 – P a g e 1 7 4 o f 3 4 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELO ER: BRIDGETOWE NVVjESTMENTS, LLC By: Its: /) CITY OF MERIDIAN AT ST: By: - City or w Mayor m de Weerd Ci E IDR IAN- / IDAHO r4 SEAL STATE OF IDAHO ) °the TRtiP� ss: County of Ada, ) On this /L day of J — , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared /YI I ICE �Co�%u�^ known or identified to me to be ev, of Bridgetower Investments, LLC and the who signed above and acknowledged to me that he executed the same o behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ��uuuu� (SEAL) r� , •�`�`A4 14 4Notryublic for Idahon `S�•••! No •••.�C'•,. Residing at: Df4 C -O,14 �: 04``� 40>�. My Commission Expires: /D -t�OTAR y`'�;� STATE OF IDAHO l' C ss County of Ada ) ,**Goo* `C OF • ` O On this 2�day of Jur)Q, , 2019, before me, allotary Public, personally appearedTammy de Weerd andC6ips-Kahngon , know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. CHARLENE WAY (MMMISSION #067390 Notary Public for Idaho n�^ NOTARY PUBLIC Residing at: `f fl z �,("�,l.ax oK,(X.C�� STATE OF IDAHO Commission expires: MY COMMISSION EXPIRES 3/28/22 DEVELOPMENT AGREEMENT — SUMMERWOOD SUBDIVISION (H-2019-0001) PAGE 8 OF 8 Meridian City Council Meeting Agenda June 25, 2019 – Page 176 of 348 Meridian City Council Meeting Agenda June 25, 2019 – Page 177 of 348 Meridian City Council Meeting Agenda June 25, 2019 – Page 178 of 348 Meridian City Council Meeting Agenda June 25, 2019 – Page 179 of 348 Meridian City Council Meeting Agenda June 25, 2019 – Page 180 of 348 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0001 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Development Agreement Modification for the Purpose of Combining/Terminating Four (4) Recorded Developments Agreements [DA Instrument #’s 106034786 (Volterra), 108087854 (Prato Villas), 111010393 (Volterra North and South) and 110051282 (Volterra Mixed-use)] to Create a New Master Agreement that Governs the Entire Vicenza/Volterra and Summerwood Developments, by Matt Munger. Case No(s). H-2019-0001 For the City Council Hearing Date of: March 19, 2019 (Findings on April 2, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 19, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 19, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 19, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 19, 2019, 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. 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 Meridian City Council Meeting Agenda April 2, 2019 – Page 184 of 395 EXHIBIT B Meridian City Council Meeting Agenda June 25, 2019 – Page 181 of 348 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0001 - 2 - 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 March 19, 2019, 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 modification to the Development Agreements for the purpose of entering into a new one is hereby approved per the conditions of approval in the Staff Report for the hearing date of March 19, 2019, 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. F. Attached: Staff Report for the hearing date of March 19, 2019 Meridian City Council Meeting Agenda April 2, 2019 – Page 185 of 395Meridian City Council Meeting Agenda June 25, 2019 – Page 182 of 348 By action of the City Council at its regular meeting held on the 2019. COUNCIL PRESIDENT JOE BORTON COUNCIL VICE PRESIDENT LUKE CAVENER COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER TREG BERNT COUNCIL MEMBER GENESIS MILAM 2r-vl day of r pri VOTED VOTED VOTED PwO VOTED VOTED VOTED MAYOR TAMMY de WEERD VOTED — TIE BREAKER) Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:Dated: 4'.' City lerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0001 -3- MAYOR 3 - Meridian City Council Meeting Agenda June 25, 2019 – Page 183 of 348 EXHIBIT A Page 1 HEARING DATE: 3/19/2019 TO: Mayor & City Council FROM: Bill Parsons, Current Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0001 Summerwood Subdivision LOCATION: 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. I. PROJECT DESCRIPTION The applicant has applied for a development agreement modification for the purpose of combining/terminating four (4) recorded development agreements [DA Instrument #’s 106034786 Volterra), 108087854 (Prato Villas), 111010393 (Volterra North and South) and 110051282 Volterra Mixed-use)] to create one (1) new master agreement that governs the entire Vicenza/Volterra development. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage +/- 276 acres Future Land Use Designation LDR, MDR, Commercial, MU-C Existing Land Use Undeveloped, SFR, Commercial Proposed Land Use(s) SFR Current Zoning R-4, R-8, R-15, L-O, C-C, C-G Proposed Zoning NA Lots (# and type; bldg/common) NA Phasing plan (# of phases) NA Number of Residential Units (type of units) NA Density (gross & net) NA Meridian City Council Meeting Agenda April 2, 2019 – Page 187 of 395Meridian City Council Meeting Agenda June 25, 2019 – Page 184 of 348 Page 2 III. APPLICANT INFORMATION A. Applicant/Representative: Matt Munger, WHPacific 2141 W. Airport Way, Ste. 104 Boise, ID 83705 B. Owner: Bridgetower Investments, LLC 2228 Piazza Drive Meridian, ID 83646 IV. NOTICING City Council Posting Date Newspaper Notification 3/1/2019 Radius notification mailed to properties within 300 feet 2/26/2019 Applicant posted site on 3/8/2019 Nextdoor posting 2/26/2019 V. STAFF ANALYSIS PROJECT HISTORY Prato Villas/Summerwood: In 2006, the Prato Villas project received annexation approval (AZ- 06-022, DA Instrument #108087854). In 2017, a new preliminary plat was approved by the city known as Summerwood (H-2017-0083). A DA modification was not required at the time of the Summerwood plat approval because the new layout complied with the provisions of the recorded DA. Volterra Mixed-use: In 2008, a portion of the property (111 acres) was rezoned and removed from the original development agreement (DA #106034786). This portion of the property has an approved concept plan that depicts a large business park development. A new development agreement (instrument # 110051282) was required with the approval of the rezone. NOTE: The Walmart store and the four (4) parcels located at the NWC of McMillan and Ten Mile Roads will remain subject to the requirements of this DA and received plat approval in 2015 as the Coleman Subdivision. These conditions remain affect with the subject property. Volterra North and South: In 2010, this 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 Open Space (acres, total [%] / buffer / qualified) NA Amenities NA Physical Features (waterways, hazards, flood plain, hillside) NA Neighborhood meeting date; # of attendees: December 19, 2018; one attendee Meridian City Council Meeting Agenda April 2, 2019 – Page 188 of 395Meridian City Council Meeting Agenda June 25, 2019 – Page 185 of 348 Page 3 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 (DA Instrument #111010393) to amend the original DA approved with the annexation of the property in 2006 (DA Instrument #106034786). The DA approved in 2006 was to be replaced with DA Instrument #111010393, but never was. The applicant is now requesting DA #106034786 be terminated as originally intended. Further, the City Council approved an amendment to DA Instrument #111010393 (H-2016-0033) to allow a right-out only access to N. Ten Mile Road within the Volterra South development. The right-out only access is constructed; however the applicant never signed the amended DA within the 6-month timeframe so this approval has expired. Because the access is constructed, staff recommends that the new DA reflect the action of the previous Council decision on the approval for the access. MDA Request: The subject 276 acres of property is governed by four (4) development agreements approved with the various projects as noted above. 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 VII.C). These exhibits will remain as exhibits in the new DA. The applicant’s request includes the termination of the four (4) previous agreements for the purpose of entering into one (1) master agreement to govern all of the subject property approximately 276 acres) (see VII.B). The applicant believes having one (1) master agreement will help administer development of the subject properties. Staff has reviewed the terms of the four (4) 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/Summerwood DA Provisions (DA Instrument #108087854): 1. Staff recommends that the 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. Staff recommends the termination of DA #108087854. Volterra Mixed Use DA Provisions (DA Instrument #110051282): 1. Modify: All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development and The mixed-use portion of the Volterra development (area north of McMillan Road; west side of Ten Mile Road) shall 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 shall require an amendment to the development agreement and requires 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 recorded as instrument 106034768; 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 Meridian City Council Meeting Agenda April 2, 2019 – Page 189 of 395Meridian City Council Meeting Agenda June 25, 2019 – Page 186 of 348 Page 4 for the Volterra Mixed Use Project and will no longer be subject to the previous four (4) development agreements. 4. 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. 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. 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. Remove: 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. Modifiy: The applicant shall construct five central plaza areas and associated pathways on the site as generally depicted on the conceptual site plan for the mixed-use portion of the Volterra development. 9. 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. 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. 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. Remove: The applicant shall comply with all landscaping standards described in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. 13. Remove: The applicant shall be responsible to obtain a Certificate of Zoning Compliance CZC) permit from the Planning Division prior to all new construction on the subject property. 14. 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. Remove: Driveway access onto Ten Mile Road just north of McMillan Road shall be designed as a right-in/right-out driveway. 16. Modify: 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 Meridian City Council Meeting Agenda April 2, 2019 – Page 190 of 395Meridian City Council Meeting Agenda June 25, 2019 – Page 187 of 348 Page 5 when the extension of the north east/west collector roadway through the mixed-use portion of the Volterra development is constructed on the site. Volterra North and South DA Provisions DA Instrument #111010393 (terminate DA Instrument #106034768): 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. 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. 2. Removed and added above: 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. Modify: 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. That The park shall include the proposed plaza area and playground equipment. 4. Removed and added above: That the park shall include the proposed plaza area and playground equipment. 5. Modify: Future development in the C-G, C-C, L-O and R-15 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 attached to each of the respective Findings (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 all both plats shall remain valid as successive phases receive City Engineer’s signature. The same applies to any future time extensions that may be requested. Add 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 egress from the adjacent commercial lots. Staff’s recommended DA provisions are in Exhibit VII.E. VI. DECISION A. Staff: Staff recommends approval of the proposed DA modification as set forth in the exhibits in Section VII. The Meridian City Council heard these items on March 19, 2019. 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: None iii. Commenting: Paul Poorman, John Wycoff, Denise LaFever and Vince Rigby Meridian City Council Meeting Agenda April 2, 2019 – Page 191 of 395Meridian City Council Meeting Agenda June 25, 2019 – Page 188 of 348 Page 6 iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Irrigation water supply to the Poorman property. ii. Irrigation system developed with the Vicenza Subdivision and limited water supply for the development. iii. City utility extensions with the Summerwood project. iv. Construction of the Vicenza and Volterra private parks and any modifications to the previous subdivision approvals or allowed uses. c. Key Issues of Discussion by Council: i. Upgrades to improve on the pressurized irrigation system for the development. d. Key Council Changes to Staff/Commission Recommendation i. None Meridian City Council Meeting Agenda April 2, 2019 – Page 192 of 395Meridian City Council Meeting Agenda June 25, 2019 – Page 189 of 348 Page 7 VII. EXHIBITS A. Vicinity Map and Existing Development Agreements Prato Villas/Summerwood Volterra South Volterra Mixed Use Coleman Volterra North Meridian City Council Meeting Agenda April 2, 2019 – Page 193 of 395Meridian City Council Meeting Agenda June 25, 2019 – Page 190 of 348 Page 8 B. Legal Description and Development Agreement Boundary Meridian City Council Meeting Agenda April 2, 2019 – Page 194 of 395Meridian City Council Meeting Agenda June 25, 2019 – Page 191 of 348 Page 9 Meridian City Council Meeting Agenda April 2, 2019 – Page 195 of 395Meridian City Council Meeting Agenda June 25, 2019 – Page 192 of 348 Page 10 Meridian City Council Meeting Agenda April 2, 2019 – Page 196 of 395Meridian City Council Meeting Agenda June 25, 2019 – Page 193 of 348 Page 11 Meridian City Council Meeting Agenda April 2, 2019 – Page 197 of 395Meridian City Council Meeting Agenda June 25, 2019 – Page 194 of 348 Page 12 Meridian City Council Meeting Agenda April 2, 2019 – Page 198 of 395Meridian City Council Meeting Agenda June 25, 2019 – Page 195 of 348 Page 13 C. Approved Plats and Concept Plan (Include as Exhibits in the New DA) Summerwood: Meridian City Council Meeting Agenda April 2, 2019 – Page 199 of 395Meridian City Council Meeting Agenda June 25, 2019 – Page 196 of 348 Page 14 Volterra Mixed-Use/Volterra North and South Meridian City Council Meeting Agenda April 2, 2019 – Page 200 of 395Meridian City Council Meeting Agenda June 25, 2019 – Page 197 of 348 Page 15 Meridian City Council Meeting Agenda April 2, 2019 – Page 201 of 395Meridian City Council Meeting Agenda June 25, 2019 – Page 198 of 348 Page 16 D. Staff Recommended 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. The mixed-use portion of the Volterra development (area north of McMillan Road; west side of Ten Mile Road) shall 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 shall require an amendment to the development agreement and requires a new concept plan for the overall development. 2. These sites have existing development agreements recorded as instrument #106034768; 108087854; 111010393; and 110051282. The entire boundary of the property as depicted in VII.B shall be subject to a new development agreement and will no longer be subject to the previous four (4) development agreements. 3. The applicant shall construct five (5) central plaza areas and associated pathways on the site as generally depicted on the conceptual site plan for the mixed-use portion of the Volterra development. 4. 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 northern east/west collector roadway through the mixed-use portion of the Volterra development is constructed on the site. 5. 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. The park shall include the proposed swimming pool and restrooms, the water feature (fountain), clubhouse, the 10- foot wide multi-use pathway and the tot lot. 7. That prior to approval of the 400th residential lot (including Volterra North and Volterra South), the proposed three (3) acre park south of McMillan Road shall be constructed. The park shall include the proposed plaza area and playground equipment. 8. Future development in the C-G, C-C, L-O and R-15 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 Architectural Standards Manual. 9. Future homes constructed within the Volterra North, Volterra South and Summerwood Subdivisions shall substantially comply with the sample elevations attached to each of the respective Findings. 10. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 11. For phasing purposes, Volterra North, Volterra South and Summerwood plats shall be reviewed as one (1) project and all plats shall remain valid as successive phases receive City Engineer’s signature. The same applies to any future time extensions that may be requested. 12. One “Right Out, Exit Only” access point will be permitted south of the spine road (N. Vicenza Way) onto N. Ten Mile Road for egress from the adjacent commercial lots. Meridian City Council Meeting Agenda April 2, 2019 – Page 202 of 395Meridian City Council Meeting Agenda June 25, 2019 – Page 199 of 348