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CC - Staff ReportSTAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT HEARING 2/19/2019 DATE: TO: Mayor & City Council FROM: Stephanie Leonard, Associate Planner 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 1 W AND the N'/2 of Section 33, Township 4N, Range 1 W. I. PROJECT DESCRIPTION C J f1E NDIAI�*,-- 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. 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) 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 Page 1 B. Project Area Maps Future Land Use Map Aerial Map - - Zoning Map IIL 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 Page 2 Planned Development Map r Planned Parcels H k t � -MMWTNR 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 V. STAFF ANALYSIS City Council Posting Date 2/1/2019 1/28/2019 2/9/2019 1/29/2019 The development agreement modification proposes to omit the multi -family, 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 boundary of the Oaks North and Oaks South, the zoning district boundaries associated with the omitted multi -family, office, fire station and park components and modification of the original concept plan. Provisions that are no longer relevant to this development are also proposed to be 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 originally 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) to omit the property from Oaks DA. The applicant has submitted two (2) separate rezone and preliminary plat applications for the Oakmore (H-2018-0118) and Oakwind (H-2018-0119) subdivision in the Oaks North; both applications were heard before Planning and Zoning Commission on January 17, 2019. Approval of both rezone and preliminary plat applications are contingent on the approval of the subject MDA application. As part of this application submittal, the new concept plan depicts the addition of 100 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 has been completed but has not been included in the updated concept plan, however is subject to the proposed 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 Page 3 where the Oakwind Subdivision is proposed. If developed as multi -family, both 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 would have been required to provide at least one (1) qualified site amenity. 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 single-family residences for the multi -family phases the total approximate build -out (as currently proposed) of the Oaks North will include approximately 750 single-family residences, which is approximately 100 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 single family residences within The Oaks North and South will be utilizing the same amenities. The Commission required the applicant to incorporate more open space and amenities within the Oaks North development (see Exhibit VIII.D). To mitigate the concerns from the Commission the applicant has provided an exhibit that depicts the additional amenities proposed for the Oaks North development including the central 5.65 acre park (see Exhibit M. G). The exhibit depicts a lake with fishing dock, pool, clubhouse, sports courts, children's playground equipment and an on-site parking area. 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. MA M 13"Ri [130 A. Staff: Staff recommends approval of the proposed development agreement modifications and changes to the concept plan with the conditions in Section VIII. Page 4 VII. EXHIBITS A. Area Subject to Amended Development Agreement (date: 12/3/2018) DEVELOPMENT AGREEMENT UPDATE -THE OAKS NORTH &. THE OAKS SOUTH SUBDIVISIONS 111111111 1111 S1C1111NS 28 d. 33,1.411., R. 1 Wim, BLM., MER111IAN, AOA COUNTt', IDANO uJ I . tYsoa'E�ty' TRO7 �I LL l5 Is LRETPHIE JAY III III III III II uME I LENGIH F?FJWlIG %191 ifl 21tA9'N u itm SU:Q1L'W g Lie tZ px:u' 66'+va'�fE Ytl9Z31 j[ LJ MW96653'4'1 L �m6n L. mor' rsft Jy{5p�r Vr �rt�-ryrµm�1� 4 L5 xsca i�7 ®LLLLWJ t�G7 L4 -F Lfi 39.fi9' S&Y59'S9'E 666 � L3 fi657 560'Stl66'[ ' F 9Pei OM J � � 6}67 541Vyrc au P£VFyppMdf SIR ES *f— L6 u.,6 Reve'ri'e uo t6.6@ e7rnPxF6 PDHT CF � � u1 r5lf n6Tro'rbt BEGINIIWG U2 srw' R7xs'66t iIr E6 6 Mt u6 169fi' netrat 16p1aa.'so re .rigs5. 6 12U61 ,n.'rria'. T1.j�2'. o- 161 1 Nil91A'i1"II �l]P' �3•w 1 IST 0L y.ARQ 100 16U© n a1 y�Igfi2nv L hn oiutions Y� i,r CF CP ��[,dnC Svnrcyin9 �+tl Cwvu9tn:g GIJ Page 5 B. Existing Concept Plan IENSENBELTS O THE OAKS NORTH SUBDIVISION MERIDIAN., IDAHO PRELIMINARY PLAT LANDSCAPE PLAN luu, THE OAKS SOUTH SUBDIVISION �w J.—.— MERIDIAN, .—. nMERIDIAN, IDAHO PRELIMINARY PLAT LANDSCAPE PLAN F .mss Page 6 C. Proposed Concept Plan I Oakmore Subdivision I RUT J LJ ! IIS _. __ � 77 Oakwind Subdivision lia1 4- TTT TLTTT-I IIIINI 11.lN 111 p !C1 min ffig. JFhffiENBELTS THE OAKS NORTH SUBDIVISION MERIDIAN, IDAHO PRELIMINARY PLAT LANDSCAPE PLAN Page 7 D. Oakwind Preliminary Plat and Landscape Plan RUT a m PHASE1 NR IJi,, ym _ ppj A o iVol„ ao .. r- 4 S. 6 7 N I' s' 3 t ! w53asi Page 8 E. Oakmore Preliminary Plat and Landscape Plan , 8, .Ii Ss �OIIggE W O as PLANT PALETTE N07E gss°� KEY IMP Y Gm�a58 � EE f8�5EN6iLTS � r.,.....-- Page .,.....x. Page 9 3 IE$E i Wy g4� , 8, .Ii Ss �OIIggE W O as PLANT PALETTE N07E gss°� KEY IMP Y Gm�a58 � EE f8�5EN6iLTS � r.,.....-- Page .,.....x. Page 9 F. Conceptual Central Amenity Site Plan Hiv 4 � r � t\ tax I \\ \\ _ ugift IIIIII'u *$I - ko : OAKS NORTH AT IDAHD SITE PLAN SW Tull Brulheu 1725 W. T— S C—dq Rd., Once, Wd...m, 92868 I Fehua..F 511, 2019 Page 10 G. Applicant's Proposed Modifications to the Development Agreement AOA COUIaIV RECORDER ChrlslapWr b_ Aleb ArADUNT .09 99 101SE IDAKO UMMA 16MAN Rpm softie ababrIIIQ III Illlllllllllllllllllllllllkll IIIII AENROED-REdUE8T OF ftidlin Cl11493097 lr DEVELOPMENT AGREEMENT PARTIES, 1, Oty ofIMeddian 2. Coleman Homes, LLC, Ownm/Developer THIS DEVELOPMENT AURE13h+ ENT (thio Agreement), is made and entered into this day of _ y,,..1 y 2014, by and between City of Meridian, a municipal wi poration of the State of Idaho, l caafter called CITY, .anal. Gokmm HenmrLLG whose addre,;s is 31D3 Wk Sheryl Drive, Suite Blit, Meridian,14aliD 93+642 hereinafter called OWNEWDEVBLOPER. Toll Southwest LLC and New Oaks LLC RECITAJ,& 1,1 WHERE, AS, Owner is the sole owner, in law andfor equity, of catain tract of land in the Coanty of Ada, State of Idaho, described in 1?xhibit "A" for each owner, which is attached hereto and by this r€sfmonces incorporatod herein as if set forth in full, herein after referred to as the Property; and 1.2 WHERU AS, Idaho Cade § 67-6511 A provides that cities may, by ordhvhnce, rcquirc or permit as a condilion of re zoning that the OwncrIDeveloper make a written commitment concerning the use or development of the subject Prop'erty', and 1.3 WHEREAS, City has exercised its statutory authority by this enactment of Section 11-513-3 of the Unified Development Code (°'UDC"), which authorizes development agreernents upon the annexation andfor re -zoning of land; .and 1.4 ►'w".HEMAS, Owner/Developer has subsr,.itted an application forantmation and re,-zcuiing of the Property described in Exhibit "A", requesting a acsignation of R -A (Medium -Low Density Residential) (=.55 acme), R-8 RA -21727, ria-,M.G: a-13 =11.a2 (Medium Density Residential) (i S:5 a acres), R-1 5 (Medium High Density Residential District) (52.05 Racres), awl act s)zoning districts under the UDC and generally describing how the Property will be developed and what improvements will 1]e made; and 1.5 WEERE AS, City and Conner ownerentered into a Development Agreement on a portion of the property denrlbW in Exhibit A as Instrument # 10900%29 o.n January 29, 2009 for the Cakereek Subdivision. That Dj:YE-Lo,Pmi3frA1AE ENT -OAKS HDRI'ii AND SOUTH °. V0DrVJSwNS (RZ 13.015 AZ 13.OD3) PAGE 1 OP 10 Page 11 3. ]DEFINITIONS Forall purposcs cufthis Agreement file following wurds, terms, and phrases heroin contained in this section shall be defined and interpreted as herein provided for, unims the calcar contat of the presentation of the samo requires otherwise: 3.1 CITY means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, Whose addreas is 33 Last Broadway Avenue, Meridian, Idaho 83642. Tall Southwest LLC and New Oaks LLC 1.2 i7WNEERIDE'4' ELOPER: mems and refers Ge! affian NeFam, LLC, whose address is 3103 W. Sheryl Drive, Suite 1 W, Mea idian, ldtilxr 53642, [lie party that is developing said Property and shall include any suh.w luent ownSerideveloper(s) of the Property. 33 PROPERTY: ineatis 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 to be re -zoned Medium iciw Density Residential � ._ �,�. r, a� _ �aa.a�t A, IS S 11 12 District (lt-4) (221 S5 acres); Medium Density Rcsidentianl District (R-8) (155 31, acres); Medium High Damsity Residential District (R-15) (522 acres)+ and 6 �Limiwd nrr 5 acres) and attached hereto and by this rcfcrcn :c inwiporsted herein as if ,et frxith 3 length. d, USE'S PERMITTED BY THIS AGREEMENT- This Agr neat shall vost the right to develop the Property in accerdanoe with the terms and conditiom of this Agrecrnent. 4.1 The uses allowed pursuant to this Agroernent are only those uses allowed under City's Zoning Ordinance codified at Meridian [Jnified Development Cade. 4.2 No change in the uses specified in this Agreeniont shall be allowed without modifieauon of this Agreement, 5, CONDITIONS GOVERNING DEVELOPMENT OF S U R.TECT PROPERTY: 5.1. Owner/Developer shall develop the Property inaccordance with the following special conditions: 5.1..1 The Owne ,+Developer mall cia>rnply with the subrnitted home elmtions, attached in Exhibit A.5 of the attached Findings, with materials and architecrrnral features to be the same or highm quality as in the elevalions. 5"4--2— liedvw1rg9jA@rctof_i �a k a3 cQmply with thedciiw#st-flixiords 'i A i n anda6... listc�1 inC�li guiculitac:s eantftim,d irn -the Meridien la4atttnl, revel`mof these Fats ah&R not mumeuee uW4 tyre DEvELcrmrIrAfj1tEWENT—OAKS 1*ORTRAND SouruSueaxv.sium(RZ13-0t5AZ13-00a) PAGE 3OF10 Page 12 flumNtlr?r va lr ra 4 t n�B U@`rtr�l 8t &W de&igaV approwl 5.13 tae 0wru-rCf]rye.1ij L WWI dedie a#athe well % -Ab. 494 (Ltet 25tr lC l n� - `S�,',-k„� ,:T.: t -a 1_lae Ci r as�� propa� .. Th �, h-t� � tll+a SYr•rl� Yl.el!'if.H STt-ICLQY1r{. at&tic�ll mutuals 14ma 4the0wJWrM0=lrink• Hn th Gtafien lot ie ea*i4ed to irunsul f4a Gpxlit as all*Vagi 1y 1aW 5A,4- Developmeal &f th8 'Y17iiti_fpr��l gyondifiena use pmhk ap u xu - The densitfanpi3iihor, areas shall _thy.$ to 15 el wu in utlits to tho acre'. ; if nti -jr�llyagu=dj4m 1 by &a ki?W Dr the fl r>r�flrsx•Ir9T riT11-�d+1ic11#.a1�1�►t ln�rin4� C: n,.rt, C,h:l .. to Westeaxr AA4TWQv.-Awn Di i fae a wjollxir } as PEOPOsed, 9 an a=ewenhGUMCA lie wan-hy-d- parr", Ille 0ymcE r:vr1 nr &h&U with tho Fark8 Depaltmen On #lie dedi0atiefi4t ie kx A" Utv Dej21&yhood park 5,1,6 Per pha6ng puq)o&M, Lthc Oaks North and Oaks South plats shall be m+ ieWed as one project and bath plats will remain valid as successive phases rmcivc City Engirlecr's signs#umi As long as the submittal and rcctareladon ofafinal plan in Lath' plat is WinpletW in the timeline Outlined in UM 1 i-0-7, the cntirl~ project remains valid and does not expire 5.1-7 The O wner/Devcluper shall be responsible for all costs associated with design and construction ofthe required interim lift station and pressure sewer line. The station's design and rapacity ,shall] he coDrelinated with the Public: Warks Department, the design shall include eommmunication capabiliticsthat am consistent with the City of Meridian's SCADA syalem, At Completion of the co traction, the station will be donated to thc City of Meridian who will awn and maintain the lift station.. The completion and acceptance of the lift. station will be at the sale discretion of the Mmidian Public Works Director. Any potential upgrade to the interim lift station from other r surrounding parcels will be reviewed by fl>e Meridian Public 'Narks Department. Approved upgraides to the purposed station will be fully fuiAed by the reTrestor, and will be subject as rehythi>rselrlmt fe cs to the; Ownc-dD loper. 5,1 ,8 Watcr service to this site is being proposed via extension of mains in N. ]tack Cat Road, MQDermott Road, and 1NuMillan Road.. The Owner/Developer shall be rr porisible for the installation of water mains to and through ibis development through the City of Mwidians water master plan, Due to fire flow requirements the applicant will need to construct a 12- i nch diameter main from the intersection of N.1311atck Cat Road and Mcl I]an Road heading cast ro the existing 12 -inch di winetew main near the Ten We rk ]u QMillan intersectio,. This ngalne-tion wiIt need to be installed with pluses olxe of the QmTicr?Dr-veloper's plan, and may be eligible for partial DE,VMf)1WEHr AaaEEWENT- t A1U NORTH AND tro4FTH Sl iRnrY1.9ioNs(RZ 13-015 AZ 13-48) PAOE4oF 10 Page 13 reimbursement If the 12 -Inch water main fi-wn Tcn mile & McMillan is installed by another devOoper prior to phase one construction, the Dwnerffieveluper will not lN-,responsible to participate in construrti,an ufthe required main extension. 5.1.1 The proposed outdoor storage is an ac spry use in the It -15 district for the benefit of the proposed residential developrnents and shall nol operate. as a stand-alone iumunercisl business. Development of this lot shall not commence until the OwnedDevel-aper obtains certificate of ming compliance and design review approval of the stm-ap facility. 5.1.10 Lot 2, Block l of the Oaks North Subdivision al Let 1-6 of th shall be preserved for futura Tight-ofmway scquisilion by iTD for the constixaction of the Ix cD=wtl load overpass. 5.1.11 The Owner/Developer shall comply with all City ordinances in cffw— at the tame of final plan submit(al, $SNA nor av 1n��r r;la l �mvirlr a mstbod A)r imf1 ik c owilox.$ of the 40 M111 i_family figun14=1i+z q With the Qak8 1J,.r4h ..,..:I �h� aE; deterinitrt�6ui.a�len�.. 5,1,13 urge firat Gf rinucdl�cz of the 0allg-South .S+„k.......,:+„.."..n the 0,�„F��1r� ahall deuel #ire pool res4@LP Tit I -Rio Aas pmgpased. With the seacrnd phase of developmcrrt of the OalC8 North uhdivision,, the Owner/Devuloper shall develop the pool comptex and the 5.65 acre: neighborhood park on Lot t 6, Block 12, as proposed. 5.1.14 A-om6g-awoggg f-ascawnt akall k- r Rigual iubdiv°aaion in aword witfl UIX, 6. COMPLIANCE PERIOD This Aprca>nent imust be fully executed within two (2) years after the data of tlm Findings for the annexation and zoning or it is null and void_ 7, DEFAVIXICOi'+ISET+ST TO DFrANNEXATION AND REVERSAL OF ZONING DESIGNATION, 7.1 Acts of Default. In the event CJwnerlDeveloper, or vnerWDeveloper}s heirs, successors, assigns, oj- subsequent owners ofth-c Property or any other person aaguiringan interest in the Property, fail to faithfully Comply with all of the terrna and conditions included in this Agrmnept in connection with 60 Property, this Aprvernent may be terminated by the fruity upon ocrapliance with tltic rcquirurncnts of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of OwnerlDeveloper's dtfWt of this Agreement, Ownp•JDevcloper shall have thirty (30) days £tutu receipt of writterk notice fi'om City to initiate conunenceinent of action to coxr+eot the bre€ oh and cure the default, wilieh action must be prosceuted with di ligimice and completed within one htandred eighty (180) days, provided, however, that pveursFtiteNi',s art-0AKsilux'ix ASD SOUTJI SUBUIYISIMP (RZ 13-1115 AZ 13-08) YAeFS or 10 Page 14 10, ZONING: City shall, following rmordationoftheduly approved Agmejuer4,�macta valid and binding ordinance zoning the Property as specified humin. 11, SURE FY OF PI 11 RMA►NCEt The City may also require surety 63,nds, irrevc cable letters of credit, cash deposiU, certified check err negntiabie 17nnds, as allowed under Meridian City Code §11-5-C_', to insure that installation of the; im.p1'ovemeft1s, Which the CwnerlDeveloper agroes to provide, ifrequir€d by the City. 12. CERTIFICATE OF OCCUPANCY: Na CertifiWesofOccupancysl-tall bei8sued in any phase in which the improvements have not been installed, completed, acid accepted by the City. 13, ABIDE BY ALL ORDINANCES, That 0.6vncr1DcvcIoper Agee to abide by all ordinances of the Cityof Meridian and the Propertyshall be subject to de -annexation iftheowner or hies as.siM heirs, or successors shall not meet the conditions c ontshwd in the Findings of Fant and Conclusions of Law, this Develcpment Agreement, and the Ordinances of the City of tyle ridian. 14, NOTICES, Any notice desired by the ,parties amdlor required by this Agreement shall be; deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid,retunn reeeipt requckcd, addressed as follows: CITY: City Cleric City sof Meridian 33 E, Bmadway Ave, Meridian, Idah-o 93642 OW KEWDEVELOPE,R: Toll Southwest LLG and New Oaks LL 310.1 W. Sheryl Ddvc� Suite IN Meridian, Idaho 83642 with Copy W. City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordarize with the requirements of this secu011- DEVEL031MOf[`AURMWENT'oC1AK9NORTH ACD SOUTH Simcqvpsiom(13-015AZ 13 g) PAGPTOP1G Page 15 21, EFFECTIVE DATE OF AGREEMENT: This Agrmment sliafll be effective on the date the Meridian City Council shall adopt the amendment to the Mexidimi Zalling Clydimace in. connection with the annexation and zoning of the Property and execution of tha Ma ur and City Clerk - ACKNOWLEDGMENTS 1N WITNESS WEEREOF, 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:TPY OF MERIDUN By..,.z 1 Mayor T �017y de Weerc] DEVELOPMEW A13REBMEN•—OAKsN4 RTFi AND SOLMI SUDD1v1SaON3 (RZ 13-015 AZ 13-008) PACES OF 10 Page 16 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. 1.2 Include all strike out and underline changes included in Exhibit G above and the concept plan depicted in Exhibit D and H. a. Modify DA provision 5.1.13 to require central open space as proposed in Exhibit XX to be constructed with the first phase. B. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http: //weblin k. meridiancity. org/weblink8/0/doc/160276/Page1.aWx C. NAMPA MERIDIAN IRRIGATION DISTRICT (NMID) http: //weblink. meridiancity. org/weblink8/0/doc/160340/Page1. asPx Page 17