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CC - Updated Staff Report 2019-07-11STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT HEARING 7/16/2019 DATE: Continued from February 19, April 16 and June 18, 2019 TO: Mayor & City Council FROM: Bill Parsons, Current Planning Supervisor 208-884-5533 SUBJECT: H-2018-0117 Oaks North and South LOCATION: North and south side of McMillan Road between N. McDermott and N. Black Cat Roads, located in the NE 1/4 and S 1/2 of Section 28, Township 4N, Range IW AND the N'/2 of Section 33, Township 4N, Range 1 W. I. PROJECT DESCRIPTION E IDIAI�T� NOTE: The applicant's original reauest for a modification to the existing development agreement included a portion of the western part of the Oaks North Subdivision known as Oakwind Subdivision (File No. H-2018-0119). The Oakwind proiect included a preliminary plat consisting of 82 building lots and rezone request from R -I5 to R-8; the area was also proposed to change from multi -family to single-family residential, which required a change to the concept plan tied to the development agreement. The Oakwind proiect was heard by the Planning and Zoning Commission on January 17. 2019. Recently. the Citv Council acknowledged the reauest by the applicant to withdraw the Oakwind application. However, the Oakmore Subdivision application (H-2018-0118) is still active and includes a request for single-family residential, which requires a change to the existing development agreement. As such, staff has modified the staff report in a strike -through and underline format to indicate applicable changes. The applicant is requesting a modification to the existing Development Agreement (DA) to modify the overall boundary of Oaks North and Oaks South development AND to update the zoning district boundaries, the concept plan and modify/remove certain provisions of the agreement that are no longer relevant to the project. Page 1 II. SUMMARY OF REPORT A. Project Summary Acreage Future Land Use Designation Existing Land Use Proposed Land Use(s) Current Zoning Proposed Zoning Lots (# and type; bldg/common) Neighborhood meeting date; # of attendees: History (previous approvals) B. Project Area Maps Future Land Use Map Details +/- 357 acres MDR Undeveloped, planned and constructed single family residential Single-family residential subdivision R-4, R-8, R-15 R-4, R-8 Approximately 750 September 19, 2018; no attendees AZ -13-008, RZ-13-015 (DA Inst. No. 114030972); PP -13- 013; PP -13-014 Zoning Map Aerial Map Legend [1 LII e Planned Development Map Page 2 III. APPLICANT INFORMATION A. Applicant: Toll ID I LLC 3103 W. Sheryl Drive, Suite 100 Meridian, Idaho 83642 B. Owner: New Oaks LLC 5662 Calle Real #254 Galeta, California 93117 C. Representative: Becky McKay, Engineering Solutions, LLP. 1029 N. Rosario Street, Suite 100 Meridian, Idaho 83642 IV. NOTICING Newspaper Notification Radius notification mailed to properties within 300 feet Public hearing notice sign posted Nextdoor posting 01110 Ll II\ I1 0K10 ET"' 1 Legend ® g EIR 0 ELIIProject Location f City Limits Y - Planned Parcels _1 City Council Posting Date 6/28/2019 6/25/2019 7/5/2019 6/25/2019 The development agreement modification proposes to omit two of the three multi -family developments, office, WARD park and fire station components conceptually approved with the Oaks North and Oaks South development. Additionally, the applicant is requesting to revise the overall Page 3 boundary of the Oaks North and Oaks South, the zoning district boundaries associated with the omission of the aforementioned components and modify the approved concept plan. Provisions that are no longer relevant to this development are also proposed to be removed or modified. If approved, the amended DA is required to be signed by the property owner and returned to the City within six (6) months of the Council granting the modification. The approved Oaks North preliminary plat included 653 single -family homes with two (2) multi- family phases on approximately 252 acres of land. The Oaks South preliminary plat included 310 single -family lots, one (1) multi-family lot, six (6) office lots, one (1) park lot, two (2) other lots, and 33 common lots on approximately 136 acres of land. The Oaks South subdivision was proposed to contain 20.29 acres of common open space and the following amenities: pool, children's play structure, integrated pathway system, extension of the Meridian Multi-Use Pathway system, two (2) covered picnic areas, and 5% additional open space. In 2018, a new development agreement was approved for the Oaks West project (H-2017-0170) which removed a portion of the property (SWC of McMillan and McDermott Roads) from the Oaks DA. The applicant has submitted a rezone and preliminary plat applications for the Oakmorc (H-2018-0118) and n.,in, in (14 2019 n, , 9) Subdivision located in the Oaks North; bet4 this applications were was heard before Planning and Zoning Commission on January 17, 2019. Approval of beth the rezone and preliminary plat applications afe is contingent on the approval of the subject MDA application. As part of this application submittal, the new concept plan depicts the addition of 400 18 new single family lots to be constructed within the Oaks North development consistent with the Commission's recommendation on the aforementioned applications. The Oaks South Subdivision is completed but has not been included in the updated concept plan, however, this portion of the property still will remain subject to the amended DA. Due to the reduction in density and the increase in single family homes, staff raised concerns with the Commission that there may not be adequate open space and amenities commensurate to the large single family development. With the approval of the Oaks West project, the Commission included a condition to add more open space and amenities within that development to off-set the difference. Further, the concept plan approved with the Oaks North preliminary plat indicated approximately sixty (60) units where the Oakmore Subdivision is currently proposed ara 208 mu4i family „nits there the Oakwind Subdivision ; proposed. If developed as multi-family, beth the subject phases would have been required to provide at least 10% open space ; the phase where Oakwin . - 3sed would have needed to provide a4 least five (5) qualified site amenities, while Oakfaer-e is iwould have bee and at four (4) qualified site amenities. The Oakmore Subdivision is proposed to add eighteen (18) single -family homes, while the Oak-win S4divisien will add eighty two (82) single family hemes. With the substitution of 4-W 18 single - family residences for the multi-family phases the total approximate build-out (as currently proposed) of the Oaks North will include approximately 750 668 single -family residences, which is approximately 4�W 18 more single -family residences than originally proposed and approved. Without the added amenities that the multi-family developments would have been required to construct, approximately 750 668 single family residences within the Oaks North development will be utilizing the same amenities. During the hearing for the Oakmore project, the Commission did require the applicant to incorporate more open space and amenities within the Oaks North development. The revised plans for the Oakmore Subdivision have been included below that depicts more open space to the west and the addition of a tot lot, per the recommendation of the Commission (see Exhibit VII.M. To mitigate the concerns from the Commission, the applicant has also provided an exhibit that depicts the additional amenities proposed for the Oaks North which are proposed to develop on ineludin the Page 4 5.65 acre neighborhood park (see Exhibit VIT F). The exhibit depicts a lake with fishing dock, pool, clubhouse, sports courts, children's playground equipment and an on-site parking area. Staff recommends that this exhibit be incorporated in the amended DA to ensure amenities proposed for a development of this size is commensurate. VI. DECISION A. Staff: Staff recommends approval of the proposed development agreement modifications and changes to the concept plan with the conditions in Section VIII. Page 5 VII. EXHIBITS A. Area Subject to Amended Development Agreement (date: 12/3/2018) DEVELOPMENT AGREEMENT UPDATE -THE OAKS NORTH &. THE OAKS SOUTH SUBDIVISIONS LOCATED IN S11101111861,31,1.411- R. ! W., B.M., MER1DLAh1, ADA COUNTY, IDAHO 2 , L6 km LI. V LINE RLE is F. G L. weem'an Fnax 111E 1 IENGIN BEARNG ,ass' wWirw g L1, g LIQ A 37. & IXWE M69Z3, LJ M. S6a154T K1,20, . xu@6' NE69<irE Fn �ryTtT��4`�y L9 2551' T47WK met Samgl5n 855V MWE T ..aLA 65676R11.51"E r'. 9EVFlC>pg" ��tRES +i— Ls a x66w6'a2 s 557.5 uo ,a6a smnrerE PONT Cs E � Ln ,6!�f naras'�6t SEGINNNIG ux 4M%' MP%'96`E �. m a+sF � ecwec � �P c s 6 !K u3 s665r�earast ZIA - ��_ s75�7�ry�� !H4'16B97f , L:J 1xae6 M4'1�{�I R�tAi]`II 95155' R SSW II $ T[ osLt P p p 0 900 900 160© i.and�Sofutions Yiyppe av �o ��4 dSurvtY]n9a do—ft6sg Page 6 B. Existing Concept Plan IeNseNe��Ts O THE OAKS NORTH SUBDIVISIONv MERIDIAN, IDAHO PRELIMINARY PLAT LANDSCAPE PLAN lua, THE OAKS SOUTH SUBDIVISION �s O MERIDIAN, IDAHO PRELIMINARY PLAT LANDSCAPE PLAN F Page 7 C. Proposed Concept Plan a 11� Oakmore Subdivision -T! !Z No longer included in MDA request [Oakwind (H-2018-0119)1 No longer included in MDA request [Oakwind (H-2018-0119)] T 7 7 =F F7 LLLL- i IMIGMITMIFT TTLtTF ii 7j L TT17FFnFTTI 7- A Md 0 n mW -'W i a I�L�11111111 m ",ITT RIF jmummrs THE OAKS NORTH SUBDIVISION 0 1145w� MERIDIAN. IDAHO PRELIMINARY PLAT LANDSCAPE PLAN Page 8 'n T 7 7 =F F7 LLLL- i IMIGMITMIFT TTLtTF ii 7j L TT17FFnFTTI 7- A Md 0 n mW -'W i a I�L�11111111 m ",ITT RIF jmummrs THE OAKS NORTH SUBDIVISION 0 1145w� MERIDIAN. IDAHO PRELIMINARY PLAT LANDSCAPE PLAN Page 8 D. Oakwind Preliminary Plat and Landscape Plan (Application Withdrawn - No longer included in MDA request) Page 9 may. ��d•ti it.u_ AV- ' YA l x - c� P �R trab°_"n sue ' ...m, Y Oj" TOCP" Page 9 may. it.u_ ja P �R trab°_"n sue Y — — � i. ca wpm •r.e _ by ..w_ S; �-,--_._.__ Page 9 may. ja P �R trab°_"n sue --- mm PRE -1 Page 9 E. Oakmore Preliminary Plat and Landscape Plan R-4 C� n 47 - JJ � w u cu o l PLANT PALETTE NOTE M KEY IMP o- �R fEKSENBiLTf � O - _ or- - Li� Page 10 F. Conceptual Central Amenity Site Plan Toll 6rathu. 1 729 W. Tao i Country Rd., 6rauge, CalRomiz.9268E I Fehu.,V 9th. 2949 -v.•' — Page 11 �y Toll 6rathu. 1 729 W. Tao i Country Rd., 6rauge, CalRomiz.9268E I Fehu.,V 9th. 2949 -v.•' — Page 11 G. Applicant's Proposed Modifications to the Development Agreement ADA 40WMT4 RECOR0E1 Chtlstaphow D. Bir# WOUIt7 .00 1015t,109000114 AM AM '1! FVP Bannle0bublip BECMDED-AENESTOF �III�II�IIIIIIIIII�II Orliriati QJY 1 t40-�0972 DEVELOPMENT AGREEMENT PARTIES. 1. City of Meridian 2. Coleman 11ornM UC, OwnerDeveloper THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into Ibis day raf 2014, by and bttwcen City of Meridian, a. municipal corporation of than State of Idaho, hereafter called CITY, and Eaafeman 1lorner ELL whose address is 3103 W_ Sheryl DFive., Suite 100, Meridian, Idaho 83642 l,areintller called OWNL EEUDEVELOPER. Tell Southwest LLC and New Oaks LLC RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law andlor equity, of certain tract of land in the County ar Ada, Stag of Idaho, de!rxibed in Exhibit ``A" t+yr each owner, which is attach hereto and by this rcfi rmrc mcorporatai herein as if sept forth in tint, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-651 I A pmvidt s that cities may, byoj)dinancc, rat{uirc torpermit as a au edition ofrc-zoning that the OwncrOwel sp"retake a written commitment concerning the use or development of the subject Properly; and. 1.3 WHEREAS, City has exercised its statutory authority by the emactment of Section tl-513-3 of the Unified Development Code ( gUEC"), which authuri develr�Iitti,�mt agteermerlts uprsn the amaiex.alictn d1(Hr re-��atumg of land, and 1.4 WHEREAS, 0wneriDcve1operhassubrnittcdanapplicationfDraancxatlon and rezoning of the Property described in Exhibit -A41, requesting a designation of lt4 (Medium -Low Density Rcaidcntial) { acres), R-8 Rd-2M:N. R-9-77®.75; R -15-2n72 (Mod lunl Lkensity Residential) (I c5.31 acres), R- 15(M edi um High Density Rc%iittnlial Diatrie#) (Q-� hums), Plot 1=13-� arr€icj7.rt»i" divri&!R under tl>e 11W. and gfwfTally dimrrihiine haw tltie Prop" will he developed end what improverrtenLi will he inade; and 1.5 WBEREAS, City and formerowner crilrmiinto at7evelopmeniA,gr al on a portion of the property described in Exhibit A as Instrument t# 109KY9629 on January 29, 2W9 for the Oakoreek Subdivision, That 13ee' mmiErrr Ataterm rg4v-0Axs TJoRm urn Smyr" Sttanry rUN-, (RZ I $.015 AZ 13.0(4) PROF: l Or I [t Page 12 3. DEFINITIONS: Vor all poses of this Agreelneut the fal6wingwords. terms, and Plu'ares Lerein WlltaitLtrd iTi [leis 64LAiOn �11xl1 11c 4letdTiW aad inleWmtW as 1'wrf;in Inoviklyd for, unless the clear context of the presentation o f the same acquires otherwise: 3.1 CITY: meanN and refers to the City ofMeridian, a party to this Agree me m. which i,sa municipal Corporation and gov,=mont subdivision (if the stateof Idaho, organized and ods'tirg by virtue of lass &f the Mate tai`Idaho, whale uddi,cs5 is 33 FAst Broadway Avmuc,, ltit 6diqn, (dalxl 113642. Tall Southwest LLC and New Oaks LLC 3.2 OWNEWDEVELOPE,R: means and refers Geleeftan Hem -us, LLC9 whose a,ddrm is 3143 W. Slwxyl Drive, Suite 100, Mc"aY4 ld*o $3642, the party thiol is devul-Loping said Property and :ohall irwlude may smNoqueni ownerldeveloper(s) of'the Property. 3.3 PROPERTY: mwons and refers to that certain p el(a) ofPrQperty located in llor 0oanly (if Ails, City of M irliun m dcacntmW in Exhibit "A" describing the parcels to be re -zoned Meditan Low Density Residential Ei-4— .4{'ar 178.-M, R-1 —ffi.7' Dkirict (:R-4) P21 55 e ); N%klium Diensijy Residential D shi �R4,i (ice acres); Mcdiurn High Licnsity Residential District (R-15) (52.ct, acres), , fieri r c4 acres) and attached hereto and by this r6cmcr, iacrTrporated 1wre.in as if set fortis at Icngth. 4, USES PERM 1rrE U BY THIS AGREEMENT: This Agreement shall. vest the rigltit to develop the Properly in awardance with the terms and coadigons of dais Agreement_ 4A The uses allowod pursuant to thix Agreement are only those uses allowed under City's 7,ming Qrdinmm oudifiW at Ma•idiatl Unified Develop nt Code, 4,2 No i lbmge in the wivs npouificd in this Agrcanunt shall be allowed without inodifteation of this Agreement_ 5. C[NND1'1'1ONS GOVERNING DEVFIX)PMENTOF S[]6, ECTPROPERTY' 5.1. O weer/Developer shall develop the Property in accordance wilhthe following S l? :LJR1 c:w'TuliliQFUS; 5.1.1 T1 -e 0wT riMvelclpe-,r shell cianply 'with the sabniitted hcnne elevations atta,cheid ire Exhibit A.5 of the sltached findings, with materials and avehitect"rat features to Se. the carne or higher duality as in the elevations - 5. 1 -c i+umfe diwrlo pFnGnt of the effice, lots shall roomply with the jgsigp AwidaFda tots sly no4 wee unt -F Ors DL.VJ:IX:)YrAI!NLAuxk.i.-mI-mJ—QiICC Nolkm AND SOLI I H S'rlrULVISIONS W 13-0 t5AZ 1.3.00$) PACIR33P 1,0 Page 13 Elsa.'r1r:PiT3+?'rrt.larf*fr•,l.i.-.:....d.swii.:..r.n... L 'i7l�L $4�3 rr appro-�Il 5.1.3 44W 0tiemarlrlavn10rtie3r AA jeaieot #h wall lis# -51 n lot I 2�1-131*ck 4 -of 4 lee Sout ;Sqjb-dm;d R%en 40 #kisja#'M PnaMOMfi q:lta apeplicapt (sri # o-lr- iii sit nn Mato$ - j Sul)di If the acquisdtlrlll 49 Jai 11112 �1 ngmrd '•`Ym Uy OwnP.1'iTli".'4rch A444 ;144w fi-. L-40—IJ 1014 1 OIL J-0 OWN �O iMPJ4# lits 449 qk1lowed by , i.1.q Developmcid of the multi -family lots requires cundituanal use permit aplaruval- The dully range in the ajrcnv shin l be 8 to 15 dwelli ng units to tho aurae, 5 1 5 if mules Inial 2VDn by Qwij0,jT)ajj-Rr p r #ail IVA RD *C Own rKirli�we•.1u1r3rr T1J$tl 7�$t(v tA+k to Weser Arch Rw wation Distriot- � a rreighbhorl5(lad-padL Owner/Developm &hag vA4h 4s, Park f3rVrrvmi,.nik n4 { &I @d I oalion of CR ty neigbborhi+od park_, 5.1.6 For pha3ing purposes,1.Irc Oaks; North wid Uaks South plats shall be revieviw as ane projecl and both plats will rMai n veil id as succcssive pihases rami ve City Enginecr'ssiVhaturc. As long as thesubjuhLartand recordation ofafmal plan in one plat is completed in the titrleline outlitwd irk UV4C 111-6R-7, the entire project ternerim valid trnd daow oat expire. 5,1.7 T2te Owner/Developer shall reslwotwible %r all Qosls mwcialed with design and oxtArw4 on oftherequired interim iiflstation and pressure sewer line. Tho station's desi ni and capaci Gy shad I be opwtdinated with the Public Works Depannlenl, LlmdGsi i shad] incturlc cox municalion capabilities that are consistent with the City of Meridian's SCALA systern. At completion of the Construction, [be station Widl bedonalml toiN City ofmawi wha will own and maintain the lift station. The completion and ace"anae of the lift station will be at the sole discretion of die Meridian Public Warks Director. Any poterltial opgmies to the interim lif station dram other surrounding parcels will be reviewed by the Mcricdiaa7 Public: Works Department. Approved iipgradew w [lie purposed station will be fully t`, udcd by the ro4ucator, and will be gubicot as reimbursement fees ba the OwnedDieveloper- 5,1,8 Wates service to this, rite is being propx cvd via extension of mains in N. $la& Cart Road, MoDarmott Road, and McMillan Road. The Owner/lDheveloper OW1 be responsible for the insWiation ofwuter mains to and through this develoMent through the City of Meridian's uwaler nuater plan. Orae to fire flow requirements the applicant will tweed to wiistfwl a 12- iodl rdia melee rrsaiq firom the iliterwxtion ofN.131ark Cat Road and McMillan Road heading cast to the exisling 12 -inch diameter main near the'1`eat Mile &. McMillma inlersectiom This "nmaion will need Inboinsiallod'with plrsase um of the G%%91cr.0cvd.9prr's plan, and may be eligible for penial .(_Fva;7PMEKT1i4REEmENY—OAKsNoetniAND SOUTH SUBPr'S+PMONS (I:Z13-01.5 AZ 134M) PAaE4op.IU Page 14 reimbursement If the 12 -inch water main frsnn Ten mile 8c McMillan is installed by another devOoper pric}r to phase one construction, the DwnedDeveluper will not IN-, responsible to participate in cvristrurtian ufthc required main extension. 5,1,9 The proposed outdoor stomp is an ac soay use in the R-15 district for the benefit of the proposed residential developments and shrill not operate as a stared -alone txmunercisl business. Develepmenl of this lot shall not conunenne until die Owner,'Nveloper obtains certificate of coning compliance and design review approval of the stQmgc facility. 5.1.10 Lcrt 2, Block l of the Oaks North Subdivision mul Let 5,-Bkwk 4-6 of th shall be pr eserved for future right -of way scquisilion by iTD for the constuction of the McsDerrnott Road overpaass. 5,1,11 The Owner/Developer shrill comply with all City ordinances in el'fw st the tame of final plan submittal, olti''ner evelapa" prnmirl amafhA feFllgtlf�jJn homgowtiw the 40mnik _ 'amiiv riraUcluritttQ1 prrnpc Wit#"i tete 5,1 , 13 With the ire } 8f dryol�en_+ of 1ho Oaks `*Sou [h Slit li # X01—Fw�lr% r alm.11 deuel t1w pool comptg cm Lot ]YBle bras pwvolaed. With the sewed phase of davelepm,ent of the Oaf North Subdivision,, tete Owner/Developer shall develop the pool complex and the 5.65 acre: neighbrirhood park on Lot 6, Block" 12, as proposed. 5.1.14 + r r- offi lot -in 9 ord with U 0C 11 3A 3, 6. COMPLIANCE PERIOD This Agrcennernt inust be frilly exerted within two () years after the data of the Findings for the annexation and zoning or it is null and void_. 7. DEPAUU171C'Cll'q ENT') O W. -ANNEXATION EXATION ,SND REVERSAL O ZONING DESIGNATION, ?.I Acts of Default. 1n the evert Owner(Developer, orOwner's/Developer's heirs, succemors, assigns, or subsequent owners of the Property or any other person acquiringan intornst in the Property, fail to faithfully comply with all of the terrna and conditions included in this Agivineut in connection with the Property, this }Agreement may be terminated by the City upon oampliancae with tic requirsmmnt:r of fire Zoning [ordinance. 7.2 Notice and Cure Period. In the eveart of OwneriDeveloper's default ofthis Ag mcnt, wnvT/Devcloper shall wave thirty (3O) days from receipt of written notice £rerun City to initiate emaneumineat of action to correct the breach and cure the default, which acbon must be prosceuted wins diftMce and completed within one hundred eighty(]80) days; provided, however, that DP_ ELoPhioNi' AaR E.-mE PT -OAKS I* mtm AND SOUTH $LlBDIVISICM (RZ I3 015 AG 13-008) PAGE $ qp 10 Page 15 10, ZONING: City shall, following recordation -of die duly approved Agreement, enact a valid and binding ordinance zoning the Property as spe;iticd herein. 11, SURETY OF PERFORMANCE: 'flee City may also require surety bonft, irrevc cable letters of credit, cash deposiU, cedified check or negotiable bonds, as allowcd under Meridian City Code §11-5-C, to insane that installation of thy; improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: NioCertj&atesofOccupancy shall boissued in any phase in which the improvements have not been installed., completed, anti accepted by the City. 13, ABIDE BY ALL CITY ORDINANCES, That OwnerlDcveloperagn+eeto abide by all ordinaams of the CityefMeridian and the Prupertyshall be, subjeetto do--ainnexation iftheowner or his assigins, heirs, or auccessois shall not meet the conditions contail>le€l in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinance's of the City of Meridian. 14, NOTICES: Any notice dcsirc d by the parties and/or required by this Agreanent shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified snail, postage prepa>yid,retum zeceipt requested, addressed as follows CITY: City Cleric City of Meridian 33 E BroMwaty Ave, Meridian, Idaho 83642 i EWDEVELOPEli~: Toll Southwest. LLC and New Oafs LL 310-1 W- Sheryl drive, Suite 100 Meridian, Idaho 83642 with copy tin; City attorney Cityof Meridian 13 E. Broadway Avenue Meridian, ID 8642 14A A party shall have the right to change its address by delivering to the other party a written uotificaation thereof in accordance with the requirements of thi a section}- DINFLOPMEW ADREEM.NT o CAM NORTH MD SOUTH "IDIVISIOM { ) -01 S AZ 13�Hg) PAGF. 70F 10 Page 16 21, EFFECTIVE DATE OF AGREEMENT: This Agrmment sliftll be effective on the date the Meridian City Council shall adopt the amendment to the Mexidimi Zalling Ordinance in. connection with the annexation and zoning of the Property and execution of tha Ma ur and City Clerk - ACKNOWLEDGMENTS 1N WITNESS WEEREOOF, fhc paifics have herein txe tatted this Vcc mint and rade it effective as hereinabove provided, ONVNEf+ DEVEiLOP'ER: ColemanTall Southwest LLG and New Chas LLC Bar /�V� C rrY OF MERIDIAN Mayor r3plwale Weerd d �CllpuF Holman,City Clork "ri, ,L�+ f t,t ryFx� DEVa [1" NffKi'AGREEMEPJ7'—OAKSNCIX EF1 AND SOUTH SUDDIVIMNS (RZ 13-015 AZ 13-008) PACE: 9 OF 10 Page 17 1•/ "Wi Y -11'_/[[e [y'(K� 17►1_ ►l1-�1►M�.Y;�K�)�l11 a 0 113W A. PLANNING 1. Development Agreement Modification 1.1 The existing DA (Inst. #114030972, RZ 13-015, AZ 13-008) shall be amended to reflect the new provisions and conceptual development plan for the subject property. The 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. Include all the strike out and underline changes included in Exhibit VII.G above and the , ept plan depieted i Exhibit 3,111.D and 344 44 except for the following: • Modify DA provision 5.1.13 as follows: With the first phase of development, the applicant shall construct the 5.65 acre neighborhood park, including the proposed amenities as shown in Exhibit VII.F to be eonstmeted with the 1.2 Prior to drafting the amended DA, the applicant shall submit a revised concept plan for the Oaks North portion of the development that includes the Oakmore project and the multi -family portion of the development. B. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridianci V.org/weblink8/0/doc/160276/Page1.aWx C. NAMPA MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org wweblink8/0/doc/160340/Page1.aspx Page 18