Z - Findings SignedCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0117
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Development Agreement Modification for the Purpose of
Amending the Overall Boundary Subject to the Agreement; Updating the Zoning District
Boundaries, the Concept Plan, and Modifying/Adding or Removing Specific Provisions of the
Agreement, by Toll ID I LLC.
Case No(s). H-2018-0117
For the City Council Hearing Date of: July 16, 2019 (Findings on August 6, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 16, 2019, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of July 16, 2019, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 16, 2019,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of July 16, 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
Community Development Department, the Public Works Department and any affected party
requesting notice.
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0117
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7. That this approval is subject to the provisions in the attached Staff Report for the hearing date of
July 16, 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 development agreement modification is hereby approved per the
provisions in the Staff Report for the hearing date of July 16, 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 July 16, 2019
Meridian City Council Meeting Agenda August 13, 2019 – Page 49 of 162
By action of the City Council at its regular meeting held on the 3 day of E
2019.
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED- ! ve—
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED A 74
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tammy de Weerd
O— ED AUG`
Attest: oeQ <
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IDAHO
Cb.rLJeKms0 s VSEAL 4
City Clerk °�tir� .-
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Dated: J 2 rl I
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0117 60 -VZ 1J 35.
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EXHIBIT A
Page 1
HEARING
DATE:
7/16/2019
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 ¼ and S ½ of
Section 28, Township 4N, Range 1W
AND the N ½ of Section 33, Township
4N, Range 1W.
I. PROJECT DESCRIPTION
NOTE: The applicant’s original request 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 project included a preliminary plat consisting
of 82 building lots and rezone request from R-15 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 project was heard by the Planning and Zoning
Commission on January 17, 2019. Recently, the City Council acknowledged the request 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 the
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.
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
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II. SUMMARY OF REPORT
A. Project Summary
B. Project Area Maps
Description Details Page
Acreage +/- 357 acres
Future Land Use Designation MDR
Existing Land Use Undeveloped, planned and constructed single family
residential
Proposed Land Use(s) Single-family residential subdivision
Current Zoning R-4, R-8, R-15
Proposed Zoning R-4, R-8
Lots (# and type; bldg/common) Approximately 750
Neighborhood meeting date; # of
attendees:
September 19, 2018; no attendees
History (previous approvals) AZ-13-008, RZ-13-015 (DA Inst. No. 114030972); PP-13-
013; PP-13-014
Future Land Use Map
Aerial Map
Zoning Map Planned Development Map
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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
City Council
Posting Date
Newspaper Notification 6/28/2019
Radius notification mailed to
properties within 300 feet 6/25/2019
Public hearing notice sign posted 7/5/2019
Nextdoor posting 6/25/2019
V. STAFF ANALYSIS
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
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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 two (2) separate a rezone and preliminary plat applications for the
Oakmore (H-2018-0118) and Oakwind (H-2018-0119) Subdivision located in the Oaks North; both
this applications were was heard before Planning and Zoning Commission on January 17, 2019.
Approval of both the rezone and preliminary plat applications are is contingent on the approval of the
subject MDA application. As part of this application submittal, the new concept plan depicts the
addition of 100 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 and 208 multi-family units
where the Oakwind Subdivision is proposed. If developed as multi-family, both the subject phases
would have been required to provide at least 10% open space respectively; the phase where Oakwind
is proposed would have needed to provide at least five (5) qualified site amenities, while Oakmore is
would have been and at least one four (4) qualified site amenitiesy.
The Oakmore Subdivision is proposed to add eighteen (18) single-family homes, while the Oakwind
Subdivision will add eighty-two (82) single-family homes. With the substitution of 100 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 100 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.D).
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 including the
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5.65 acre neighborhood park (see Exhibit VII.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.
NOTE: The applicant has since revised the preliminary plats and landscape plans for both
subdivisions to include additional open space and site amenities including a micropath and pocket
parks. Staff believes these changes are adequate given the modifications that are proposed and
recommends the concept plan be tied to the amended development agreement.
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.
B. The Meridian City Council heard this item on July 16, 2019. At the public hearing, the
Council voted to approve the subject MDA request.
1. Summary of the City Council public hearing:
a. In favor: Becky McKay
b. In opposition: None
c. Commenting: Randy Worrel
d. Written testimony: None
e. Staff presenting application: Bill Parsons
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a. None
3. Key issue(s) of discussion by City Council:
a. None
4. City Council change(s) to Staff Recommendation:
a. The new concept plan for the Oaks North project is included as Exhibit VII.C.
Therefore, comment 1.2 in section VIII. below has been completed.
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VII. EXHIBITS
A. Area Subject to Amended Development Agreement (date: 12/3/2018)
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B. Existing Concept Plan
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C. Proposed Concept Plan
Oakmore Subdivision
No longer included in MDA request
[Oakwind (H-2018-0119)]
Revised Concept Plan
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D. Oakwind Preliminary Plat and Landscape Plan (Application Withdrawn - No longer included in
MDA request)
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E. Oakmore Preliminary Plat and Landscape Plan
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F. Conceptual Central Amenity Site Plan
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G. Applicant’s Proposed Modifications to the Development Agreement
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
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 concept plan depicted in Exhibit VII.D and VII.H, 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 constructed with the first
phase.
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. Revised concept plan is included in Exhibit
VII.C.
B. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ)
http://weblink.meridiancity.org/weblink8/0/doc/160276/Page1.aspx
C. NAMPA MERIDIAN IRRIGATION DISTRICT (NMID)
http://weblink.meridiancity.org/weblink8/0/doc/160340/Page1.aspx
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