HomeMy WebLinkAboutCC - Staff Report Revised 10-05
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HEARING
DATE:
10/5/2021
TO: Mayor & City Council
FROAM: Joseph Dodson, Associate Planner
208-884-5533
SUBJECT: H-2021-0058
Oaks North & Oakmore DA
Modification
LOCATION: The site is located on over 200 acres on
the north side of W. McMillan Road,
between N. Black Cat Road and N.
McDermott Road, in the S ½ and NE ¼
of Section 28, Township 4N., Range 1W.
I. PROJECT DESCRIPTION
Modification to the existing Development Agreement (Inst. #114030972) to remove the Oakmore
Subdivision (H-2018-0118) area and create a new Development Agreement for this area consistent
with the approved plat.
NOTE: When this application was submitted, the applicant intended to amend the original
development agreement for the purpose of modifying the overall concept plan, adding new
provisions and removing provisions that have been satisfied through the development process.
After further discussions with the applicant and the City Attorney’s office, staff concluded that
a new DA was the preferred path forward. The staff report has been updated to reflect these
discussions, including new exhibits and DA provisions that narrowed the focus of the
application from an area that encompasses approximately 220 acres to 7 acres. The Oaks North
project will remain subject to the terms of the original 2014 agreement.
II. SUMMARY OF REPORT
A. Applicant:
Adam Capell, Toll Southwest, LLC – 3103 W. Sheryl Drive, Suite 100, Meridian, ID 83642
B. Owner:
Toll Brothers, LLC – 3103 W. Sheryl Drive, Suite 100, Meridian, ID 83642
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
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C. Representative:
Jeff Bower, Givens Pursley – 601 W. Bannock Street, Boise ID 83702
III. STAFF ANALYSIS
The Applicant proposes to amend the existing Development Agreement (DA) from 2014 for the
approved Oaks North Subdivision (Inst. #114030972) to remove the approximate 7 acre area known as
Oakmore Subdivision (H-2018-0118) from the original DA and create a new DA consistent with the
approved preliminary plat. With this request, Staff is recommending that the existing DA for Oaks
North and Oaks South remain.
See Section V for Staff’s recommended DA provisions.
History: The Oakmore Subdivision was approved on August 6, 2019 (findings approved) and modified
a portion of the original Oaks North preliminary plat in the northeast segment of the overall project that
has frontage on Black Cat Road and encompassed approximately 7.4 acres of land; this application
removed a multi-family component of the project to include more single-family residential and included
a rezone that changed the zoning of the property from the R-15 zoning district to the R-4 zoning district.
In addition, at the time of the Oakmore preliminary plat and rezone, the Applicant also received
approval of a DA Modification for the Oaks North and Oaks South project area (H-2018-0117) to do
what this DA Modification aims to do, update the concept plan by creating a new DA for the Oakmore
Subdivision 7.4 acres. However, the modified DA from this application was never executed and is no
longer valid or applicable. In short, the Applicant was required to submit this DA modification prior to
the plat expiring on August 6, 2021 to keep the Oakmore preliminary plat valid and to move forward
with a new DA for the subject 7.4 acres.
In summary, Staff recommends approval of the Development Agreement Modification to create a
new DA for the Oakmore Subdivision.
IV. DECISION
A. Staff:
Staff recommends approval of the modification to the DA of Oaks North Subdivision (Inst.
#114030972) for the purpose of entering into a new DA for the 7.4 acres of land in the R-4 zoning
district as recommended by Staff’s analysis above and with the specific provisions noted below.
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V. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning:
1. The Applicant shall enter into a new DA subject to provisions below and the updated
conceptual development plan for the subject area outlined in the attached legal description
(see Exhibit V.B). The subject area will no longer be bound by the existing DA (Inst. #
114030972). The agreement shall be signed by the Developer and returned to the City &
Planning Division within six (6) months of the City Council the granting modification.
The Developer shall develop the property in accordance with the following provisions:
a. Future development of the Property shall be generally consistent with the
submitted preliminary plat, site plan, landscape plan, open space exhibit, and
conceptual building elevations included in Section VII of the Oakmore
Subdivision (H-2018-0117) and Exhibit V.D of this report.
b. For phasing purposes, the Oakmore plat shall be considered a phase of the Oaks
North Subdivision and shall remain valid as successive phases receive City
Engineer’s signature. As long as the submittal and recordation of a final plat is
completed in the timeline outlined in UDC 11-6B-7, both projects remain valid
and do not expire.
c. The Developer shall comply with all City ordinances in effect at the time of final
plat submittal for each phase of development.
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B. DA Legal Description and Exhibit Map of the Area Subject to the New DA (dated: August 7,
2019):
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C. Existing DA Concept Plan
Area in question
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D. Oakmore Subdivision approved plans (H-2018-0117):
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