Staff ReportSTAFF REPORT
HEARING DATE:
TO:
FROM:
SUBJECT:
December 7, 2010
Mayor and City Council
Bill Parsons, Associate City Planner
(208) 884-5533
E IDIAN~--
IDAHO
MDA-10-009 -Volterra (North and South)
I. SUMMARY DESCRIPTION OF REQUEST
The Applicant, Primeland Investment Group, LLC, has submitted an application requesting
modification to the recorded development agreement (DA) (instrument #106034786) for the
Volterra (North and South) Subdivisions. The previous Volterra plats have expired and new plats
are proposed which affect the timing for development improvements proposed with the new plats.
The proposed DA modification is necessary to ensure that future development is consistent with the
new plats and that the timing for development improvements are represented in the recorded
development agreement (DA). The City Council review and decision on the proposed rezone and
preliminary plats are scheduled in conjunction with this application.
II. SUMMARY RECOMMENDATION
Staff is recommends approval of the subject application.
III. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number MDA-
10-009, as presented in Staff Report for the hearing date of December 7, 2010, with the following
changes: (insert any changes here). I further move to direct Legal Department Staff to prepare an
addendum to the recorded Development Agreement for this site that reflects the changes noted in the
analysis in Section VIII.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number MDA-10-
009, as presented during the hearing on December 7, 2010. (You should state why you are denying
the request.)
Continuance
I move to continue File Number MDA-10-009, 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:
Volterra North: The subject property is located on the north side of McMillan Road between N.
Black Cat Road and N. Ten Mile Road in the south''/z of Section 27, Township 4 North, Range 1
West.
Volterra South: The subject property is located on the southwest corner of W. McMillan Road
and N. Ten Mile Road in the northeast'/ of Section 34, Township 4 North, Range 1 West.
B. Owner/Applicant:
Primeland Investment Group, LLC
3120 W. Belltower Drive, Ste. 200
Volterra (North and South) MDA - 1 -
Meridian, ID 83646
C. Representative:
Chuck Christensen, Quadrant Consulting
1904 W. Overland Road
Boise, ID 83709
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is a request for a development agreement modification. Per Meridian City
Code, a public hearing is required before the City Council on this matter.
B. Newspaper notifications published on: November 15, and 29, 2010
C. Radius notices mailed to properties within 300 feet on: November 11, 2010
D. Applicant posted notice on site by: November 22, 2010
VI. LAND USE
A. Existing Land Use(s): The subject property is currently vacant agricultural land.
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 2005, the subject property received annexation (AZ-OS-040),
preliminarily plat (PP-OS-039 and PP-OS-040), and conditional use permit approvals (CUP-OS-
041) for a mixed use planned development for commercial, office and single family residential.
As part of the annexation approval, the site was subject to a DA (instrument # 106034786).
In 2008, a portion of the original Volterra North plat (111 acres) was rezoned and removed from
the original boundary (through a DA modification). This portion 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. That project is known as Volterra
Mixed Use.
VII. AGENCY COMMENTS MEETING
No comments were received by the Planning Department from other City departments for the subject
application. Please see the public record for the MDA file for any written comments that may have
been submitted by other agencies.
VIII. ANALYSIS
Analysis Leading to Staff Recommendation:
MDA Application: As a recommended condition of approval for the new preliminary plats, the
applicant is to submit a DA modification application prior to Council acting on the new preliminary
plats in order for all the applications to be considered during the same hearing. The rezone and
preliminary plats are scheduled to be heard with this development agreement modification request.
Currently, the applicant is in the process of re-platting the subject property because previous plat and
planned development (PD) approvals have expired. The new plats do not coincide with provisions in
the recorded development agreement. The modification is needed so the recorded development
agreement adequately addresses:
Volterra (North and South) MDA - 2 -
1) the timing and amenities planned for two parks,
2) the requirements for the future designs of the residential and commercial buildings,
3) the removal of unnecessary language and
4) removal of old exhibits and the attachment of new exhibits to represent the correct property
boundaries proposed with the new plats.
The provisions of the current DA reflect the requirements for the previously approved Volterra
project. Most of the provisions stipulate the type and sequencing of construction of certain
subdivision amenities. While these provisions still have merit, the timing for such improvements
needs to reflect the changes proposed with the new plats. In addition, the subdivision boundaries
represented as Exhibit A in the recorded DA does not reflect the new boundaries proposed with
subject application. Staff has included the new plat boundaries to be incorporated into the amended
DA as Exhibit A.2 below.
Per the Volterra rezone staff report and the Planning and Zoning Commission recorninendation, the
applicant is required to submit building elevations to represent the type of homes that are planned to
be constructed within the proposed development and incorporate those homes as part of the
development agreement. The sample elevations provided are attached as Exhibit A.3 below.
Staff believes these elevations demonstrate high quality homes and should complement homes in the
surrounding residential developments. Staff is supportive of the submitted elevations. Staff has
included a DA provision that future homes constructed within the subdivisions comply with these
elevations.
The C-G and L-O zoned property are subject to the design guidelines in the Meridian Design Manual
and the design standards outlined in UDC 11-3A-19. Staff is of the opinion that the UDC and the
Meridian Design Manual provide the necessary tools to evaluate future development when
development is planned for the C-G and L-O zoned property. Thus, staff has incorporated a new DA
provisions that requires compliance with said guidelines (see provision 6 below).
In the narrative, the applicant has requested that sections 3, 4, 5, and 6 be amended in order to create
the consistency between the DA and the new plats.
Staff recommends approval of an amended DA with the inclusion of the following language and
changes (Staff's proposed changes are represented irr the red font and the applicant's are provided in
the underline and strikeout format below):
3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the
County of Ada, City of Meridian as described in Exhibit "A" describing the parcels te-be
~ that are zoned R-4 (Medium Low Density Residential), R-8 (Medium Density
Residential), C-G (General Retail and Service Commercial District), and L-O (Limited Office
District) attached hereto and by this reference incorporated herein as if set forth at length.
Replace current Exhibit A with the new exhibits attached as A.2 below.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed in the approved R-4
~Me_dium Low l~ensity~~ R.-8 (Medium Density Residential District) L-0 (Limited Office}
and C-G (General Retail and Service District) zones in accord with the UDC. ~•~~'°r "~'~"~~'°"
p-e-vt-ei'H~}I"" ° "~z~ z'" oiS ~~i ~ cs-nTC-p ci-c's •ic /i i r i
Volterra (North and South) MDA - 3 -
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6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
6.1 "Owners" and/or "Developer" shall develop the "Property" in accordance with the
following special conditions:
L That prior to approval of the ~r58'~' 200`x' 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 ~59`~ 400t~ 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.
~° ~'°.rw,;~~:°~ ~' ° °'' ~i ro "'~'~°''° .Future development in the C-G 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 Manual.
6. Future homes constructed within the Volterra North and Volterra South Subdivsions
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. 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.
In summary, staff supports the changes to the development agreement proposed by the applicant along
with those reconunended by staff, as detailed above.
IX. EXHIBITS
A. Maps/Other
1. Vicinity Map
2. Area subject to the amended DA
3. Proposed Elevations
Volterra (North and South) MDA - 4 -
Exhibit Al -Vicinity Map -Property Subject to Development Agreement
Volterra (North and South) MDA - 5 -
Exhibit A.2 -Area subject to the Amended DA
ExhibitA(1)
Page 1 of 2
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Consulting, Inc.
Volterra Snbdiviaioa Development Agreement Boundary
A parcel of lend situated in the North l5 of the'Nardseaat Y. of Section 34 attd the Soud- Y, of 3action 27, Towmisip 4
Notch, Range 1 Worst, Bolas Meridim, Ada County. Idaho. maro pattiarlsrq~ descrrbed as follows;
Cotnaaenciag r1 the Section carne common to 3eetion 26, 27, 34 and 35 of said TownahiR and Range, sad point
being the POINT OF B13GINNING; thetme along the east line of the Northeast 54 of s~ Sa:1ia- 34
South 00° 52' 47" bleat 1315.5$ feat to the Southend coma of tho North'/, of mid Northaet'/.; thence along ibe
south lino of said North'/S of the Northcest '/+
North 89° 06' 30" West 2651.08 feet m the Southwest caaa of said North `S of the Northeast Y.; thence along the
Walt line of said North'/, of the Nord~east'/,
North 00° 43' 45" East 1323.3 t font to the'/a corner cwmmon to said Sectiooa 27 and 34; theme slag the West tine
of the Sattheast Y. of said Section 27
North 00° 28' 37" East 644,85 fiat m the Southeast oorna of Lot 7, Biotic 2 of Blsclc Cat Estates No. 2 Subdivision
as same is recorded in Book 32 of plats at Page 1945, retards of Ada County, Idaho; d>ence alatg, the East line of
sold Lot 7
North 00° 19'40" East 660.00 fed m the Norttuast oorna of said Blade Cat Estates No. 2 Subdivision; thence along
the North line of said Black Cat Eatrtes No. 2 3ubdivisioo.
North 89° 18' Ol" West 1261.91 feet" thence leaving said Nora tine
Nash 12° 47' S7" blast 20621 feet; thence
North 88° (l' I6" bleat 896.71 fed; thence
North 50° 51' 36" West 89.06 test; thaw
North 34° 21' ZO" West 79.64 feet; Weoce
North 14° 35' 33" West 111.55 fed; thetme
Norris 89° 34' S6" West 291.92 fed to a poirst oo the West line of said Section 27; tltence alotsg said lieu
North 00° 31' 08" East 877.06 feet m the Wed Y. cerna of said Section 27; thence tilting the East-West mid-secdoa
line of said Section 2?
Soutb 89° 20' 1 S" East 2649.84 feet to the cea0u of said section 2T; them cattinaimg eking said Esat-Wed mid-
section line
South 89° 22' 10" Eest 861.40 abet; thence leaving said East-Wet mid-section line
South 00° 59' 37" West 409.35 fed; thence
Swsth 22° 14' 26" West 338.89 feed thence
South 06° 3T 30" Esat 612.06 feet; thence
South Ol ° 53' S6" blast 1299.71 feet m a point on the South line of said section 27; thence abng said South line
Souls 88° 56' 29" East 1861.26 fed to the POINT OF B&GINNING;
Said parcel contains 201.48 acres more or lass.
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south ou° 52' 17° Wei 841.10 teas; dtenee departing enm asid ~ tine
Tiorth 86°.56'29" Went 319_ t3 heel; thence fi14-39 feet etoo~, s cts've bo the r~ ,said Cstvo hs~rlns a radius of
6U8.OQ feet. a Betts of 6l °32+06' end a tang chard hlrermg
North 58°ttl`26" West 613.$7 teed dtetloe,
Alorth 27"24'23" bleat 3652A feet; thasoe,
Alorttt Otlr°32'46" ~aast 204.02 feat to s point as the saott9 lice of said Sediaa 27; thence e~onQ the 9aath line ataeid
5ecleon 27
South 6i° 56° 24" 101&67 foot to the POINT OF Hl!,GlNNIT1G;
Said parasi cantabre l6.Tb scree or leas.
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tfie e~ line of the Nttrt'h aiaa~d Section 34
tioedit 00° 52"47" Writ 131 S.SB feat to the SouNtsan Darter ad'do Nall li of said t~Jortnaaat'/,; fhenca alan~ the
aoudt Iles of ~s6d North. S6 of the N«theaat /.
NoNa 99° tM6° 30` Wets 4612:.37 Aaat w the 1'OI1rT Al- HEtiIT+TPFING: thertrae co~nnieg tvang stdd sotttl Iles
riorth 84°'06"34" West 2169.56 feet to ihs Soutltuwat rarnsr of acid North. ~ of the Northrak y; tlrenoe abn8 the
Wewt line of said Nord- '~ of the T~rrdrtaat'~
?forth tl0° 43' 43" East 132331 beet to Ihe'~ earner aormudn to said $eoNooa 27 and 3d; dtenoe alne j 16~e Sawub line
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Sotnlt 88° S6' 24" Heat 1635.901Feet; thence,
South f10'S2'16T' Wcat 2tl9.OQ feet: [bocce,
South 27°24'23" 1?arat 365.20 tierce #78.T8 &et alaag a curve ra tbs kAt. arid. earn+a bsvlnB a rrdirs of 600.Q0
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Sont[d.50°IS"59" Feat 466.1$ ieeta thaws,
South 00°S2"~7" Went 495.1x1 feat ~ fhe P'OIIeT O8` B~G'F+IIVING;
3~tid parcel tontaina 58.33 stxas mate or lee:.
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Volterra (North and South) MDA - 9 -
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A ptrcei of land aiwrted m tha North 4S of tha Y. of 9octioe 3#. TnwttAhlp 4 Ncrdt, lltr~a i Woat. H+rise
I Ada +. Itirho, meta partiaelar~ deaesibad o foib~ea;
~ r ~ ~ a ~ to S~den 2b, 27.34 and 3s of Bard 7bvrosEip and Rtug~ thence r~
Snuth Op° 32' 47' Wert x44.10 ~ tr the P(i)IIt7I' OF H~GINNI1+iG; ~arwc *m~g ai®g aid art lice
5orth 00° S2" 47" West 471.4$ het ~ tha Sctrlherrt comer of the Natth !5 of avid tNattherrt 4GS th®ce rlorg the
aOWM lime oi' acid t4aath 75 of the TioaCherrt Y.
North S9° p6' 30" 'West 482.Sfi feet ;thence dapertimg from south Ime
North 00°S2'4T" East 49i.6Q tee'S thence 163,b2 feet rMmg a awe b the right srid arrva having r rrdhte ofbd0.0p
tbe1, r delta tutgie of 13°4x'54" end a ~ cbord t~8
3auth 81°02.'02" East 165.04 thenara,.
south as°sb°x4^ Fats 319,13 tit oo~ tha POIIJT OF 816GII~fN~.
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Volterra (North and South) MDA - 12 -
Exhibit A.3 -Proposed Elevations
Volterra (North and South) MDA - 13 -