Oaks North and Oakmore MDA H-2021-0058 (2022-001215) ADA COUNTY RECORDER Phil McGrane 2022-001215
BOISE IDAHO Pgs=24 CHE FOWLER 01/05/2022 08:11 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2, Toll Southwest LLB", Owner/Developer
THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this 4th day
Of January,2022 by and between City of eii-idian a municipal corporation of the State of
Idaho, hereafter called CITY whose address is 33 E, Broadway Avenue, Meridian, Idaho 83642 and Tall
Southwest L C, a Delaware limited liability company, whose address is 3103 W. Sheryl give, Suite
100, Meridian, III 83642, hereinafter called WNEWD r ELt PER
1.1 WHEREAS, Owner is the sole Owner,in law and/or equity,of certain tract'tafland
in the County Of Ada, State of'Idaho, described in Exhibit "A", which is attached
hereto and by this reference incorporated herein as if set forth in girl1, herein after-
referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance,require
or permit as as condition Of zoning that the Owner/Developer make a written
commitment concerning,tlae use or development ofthe subject Property; and
1.3 WHEREAS,City has exercised its statutory authority by the enactment of Section
11-,B-3 of the Unified Development Code ("UDC") which authorizes
a:lev lOpr ein agreements upon the annexation sand/car re-zoning of farad.; and
1.4 WHEREAS, Owner/Developer has submitted an application for as Modification Ofa
Development Agreement as required by the existing Development Agreement(Inst.
ft1140 0`72)to remove the Property listed in Exhibit" ", attached hereto, from that
Development Agreement and be bound by this new Agreement cinder the Unified
Development Cade, which Agreement generally describes how the Property will be
developed and what improvements will be nlaade; and
1.5 WHEREAS,Owner/Developer made representations at the public.hearings before
the Meridian City Council, as to how the Property will be developed and what:
improvements will be made; and
t r..vr:<.r.caPv ENi,Aexraa-,a.Mr.N tan s NORTH AND OAKMORF,',(14-2021 0058) ('AGE 1 OF 7
Item#18.
1.7 WHEREAS, on the 190' day of October, 2021, the Meridian City Council approved
certain Findings of Fact and Conclusions of Law and Decision and Order
("Findings"), which have been incorporated into this Agreement and attached as
Exhibit"B"; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development
Agreement before the City Council takes an action on any final plat with respect to
the Property; and
1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter
into this Agreement and acknowledges that this Agreement was entered into
voluntarily and at its urging and request; and
1.10 WHEREAS, The Property shall no longer be subject to the terms of the existing
Development Agreement (Inst. # 114030972) or any prior development agreement
and shall be bound only by the terms contained in this Agreement.
1.11 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions of this
Agreement, herein being established as a result of evidence received by the City in
the proceedings for zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected property owners and to
ensure zoning designation are in accordance with the amended Comprehensive Plan
of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the
UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding
and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the
clear context of the presentation of the same 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 address is 33
East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Toll Southwest LLC,whose address
is 3103 W. Sheryl Drive, Suite 100 Meridian, ID 83642 hereinafter called
OWNER/DEVELOPER, the party that owns and is developing said Property and
shall include any subsequent owner(s)/developer(s) of the Property.
DEVELOPMENT AGREEMENT—OAKS NORTH AND OAKMORE(H-2021-0058) PAGE 2 OF 7
Page 444
Item#18.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the
County of Ada,City of Meridian as legally described in Exhibit"A"attached hereto
and by this reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to
develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the
UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following special
conditions:
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 Staff Report attached to the August 13, 2019
Oakmore Subdivision (H-2018-0117) Findings of Fact and Conclusions of Law and
Decision and Order and Exhibit V.D. of the Staff Report attached to the Findings.
b. For phasing purposes, the Oakmore plat shall be considered a phase of the Oaks North
Subdivision and shall remain valid as successive phases of the Oaks North Subdivision
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 Owner/Developer shall comply with all City ordinances in effect at the time of final
plat submittal for each phase of development.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after
the date the Findings were adopted or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING
DESIGNATION:
7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs, successors,
assigns, or subsequent owners of the Property or any other person acquiring an interest in
the Property, fail to faithfully comply with all of the terms and conditions included in this
Agreement in connection with the Property, this Agreement may be terminated by the City
upon compliance with the requirements of the Zoning Ordinance.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this agreement,
DEVELOPMENT AGREEMENT—OAKS NORTH AND OAKMORE(H-2021-0058) PAGE 3 OF 7
Page 445
Item#18.
Owner/Developer shall have thirty (30) days from receipt of written notice from City to
initiate commencement of action to correct the breach and cure the default, which action
must be prosecuted with diligence and completed within one hundred eighty(180) days;
provided, however, that in the case of any such default that cannot with diligence be cured
within such one hundred eighty(180)day period,then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the curing of the same
with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from
City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing
procedures set forth in Idaho Code section 67-6511A, have the right, but not a duty, to de-
annex all or a portion of the Property,reverse the zoning designations described herein, and
terminate City services to the de-annexed Property, including water service and/or sewer
service. Further, City shall have the right to file an action at law or in equity to enforce the
provisions of this Agreement. Because the covenants, agreements, conditions, and
obligations contained herein are unique to the Property and integral to City's decision to
annex and/or re-zone the Property, City and Owner/Developer stipulate that specific
performance is an appropriate, but not exclusive, remedy in the event of default.
Owner/Developer reserves all rights to contest whether a default has occurred.
7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be
governed by and construed in accordance with the laws of the State of Idaho, including all
matters of construction, validity, performance, and enforcement. Any action brought by
any party hereto shall be brought within Ada County, Idaho.
7.5 Delay. In the event the performance of any covenant to be performed hereunder by either
Owner/Developer or City is delayed for causes that are beyond the reasonable control of
the party responsible for such performance,which shall include,without limitation, acts of
civil disobedience, strikes or similar causes, the time for such performance shall be
extended by the amount of time of such delay.
7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the
covenants or conditions hereof shall apply solely to the default and defaults waived and
shall neither bar any other rights or remedies of City nor apply to any subsequent default
of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or
the entirety of said development of the Property as required by this Agreement or by City ordinance or
policy,notify the City Engineer and request the City Engineer's inspections and written approval of such
completed improvements or portion thereof in accordance with the terms and conditions of this
Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including
all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of
the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If
for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the
DEVELOPMENT AGREEMENT—OAKS NORTH AND OAKMORE(H-2021-0058) PAGE 4 OF 7
Page 446
Item#18.
annexation and zoning of the Property contemplated hereby, the City shall execute and record an
appropriate instrument of release of this Agreement.
10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid
and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE:The City may also require surety bonds,irrevocable letters
of credit,cash deposits,certified check or negotiable bonds,as allowed under the UDC,to insure the installation
of required improvements,which the Owner/Developer agree to provide,if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any
phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient
surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all
ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or 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,return receipt requested, addressed as follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
Toll Southwest,LLC
3103 W. Sheryl Drive, Suite 100
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 accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction.This provision shall be deemed to be a separate contract between the parties and shall survive
any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term, condition and provision hereof, and that the
failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under
this Agreement by the other party so failing to perform
DEVELOPMENT AGREEMENT—OAKS NORTH AND OAKMORE(H-2021-0058) PAGE 5 OF 7
Page 447
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17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the
benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's
corporate authorities and their successors in office. This Agreement shall be binding on the
Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property.
Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be
both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written
request of Owner/Developer, to execute appropriate and recordable evidence of termination of this
Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have
fully performed their obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court
of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the
invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY:Unless otherwise expressly provided, each party shall
act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or
other proceeding instituted by any third party (including a governmental entity or official) challenging
the validity of any provision in this Agreement, the parties agree to cooperate in defending such action
or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,
condition and understandings between Owner/Developer and City relative to the subject matter hereof, and
there are no promises, agreements, conditions or understanding, either oral or written, express or implied,
between Owner/Developer and City,other than as are stated herein.Except as herein otherwise provided,no
subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties
hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and
pursuant,with respect to City,to a duly adopted ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re-zoning of the subject
Property herein provided for can be modified or amended without the approval of the City
Council after the City has conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or amendment in force at the time of the
proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date:
(i)the parties have mutually executed this Agreement;and(ii)the Agreement is recorded in the real property
records of Ada County. the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and
City Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
DEVELOPMENT AGREEMENT—OAKS NORTH AND OAKMORE(H-2021-0058) PAGE 6 OF 7
Page 448
Item#18.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER:
Toll Southwest LLC
Its.
CITY OF MERIDIAN ATTEST:
Ei IDIAN
B
SEAL
y
Mayor Robert E. Chris Johnson, y Clerk
STATE OF IDAHO
County of Ada
On this n)' day of 2021, before me, the undersigned,a Notary Public in and for said State,
personallyappQarQd L q� known or identified to nie to be the of Toll
Southwest LLC,and the person who signed above and acknowledgQd to me that he executed the same on behalf of said
Company,
IN WITNESS WHEREOF, I have hereunto set my hand an ffixcd my official seal the day and year in this
certificate First above written. �owW f111,19.
�x\
TAR afy41ublic for Idaho
"-6-�AO �i Not
Residing at: WLIL04-110
U
My Commission Expires:U-3 -
ZZ
0
STATE OF IDAHO
County of Ada 0\
Oil this 4th day of January 2022 before me. 'a Notary Public, personally appeared Robert E'. Simison
and Chris Johnson,known or identified to nic to be the Mayor and Clerk,respectively,of the City of Meridian,who executed
the instrument or the person that executed the instrument of belialf ofsaid City,and acknowledged to me that such City executed
thcsarnc
IN WITNESS WHEREOF.I have hereunto set my hand and affixed my of vial seal the day and year in this certificate
first above written.
CHARLENE WAY Notary Public for Idaho
COMMISSION#67390 . Meridian, Idaho
NOTARY PUBLIC Residing at.
STATE OF IDAHO Commission expires 3-28-2022
MY CbMMISSION EXPIRES,3128122
T,)[;,Vf;.[01)MEN r AGRFEM I.,,NT--OA Ks NORTH AND 0 AKMORF(1-1-2021-0058) PAGE 701`7
EXHIBIT A
Item#18.
LEGAL DESCRIPTION
OAKMORE SUBDIVISION REZONE—R-4
A parcel of land located in the NE l of Section 28.T.4N.,R.'1W., B.M.. Meridian,Ada
County, Idaho,more particularly described as follows:
Commencing at a brass cap marking the southeast corner of said NE V4,from which
an aluminum cap marking the northeast corner of said NE%bears N 0`213'20" E a distance of
2638.62 feet;
Thence N 0'29'20"E along the easterly boundary of said NE 1. a distance of 214 94
feet to the POINT OF BEGINNING;
Thence Iearving said easterly boundary North 89'21'07'West a distance of 1312.36
feet,
Thence N 0'36'34"E a distance of 444,28 feet;
Thence 5 89°22'1 it E a distance of 175 08 feel;
Thence S 0`29'20"W a distance of 230.00 feet;
Thence S 89`22'02" E a distance of 1136.34 feet to a point on said easterly boundary
of the said Section 28;
Thence S 0°29'20"W along said easterly boundary a distance of 214.64 feet to the
POINT OF BEGINNING.
This parcel conlalns 7.39 acres and is subject to any easements existing or in use,
Clinton W. Hansen, PLS
Land Solutions. PC 110�'t i `_' s
Revised. August 7,2019
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Oaks North&Oakmore- H-2021-0058
Exhibit A to Development Agreement
Page 450
Item#18.
DA Legal Description and Exhibit Map of the Area Subject to the New DA
OAKMORE SUBDIVISION
R-4 REZONE - EXHIBIT
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SN'22'02"E 1136.34'
OAKMORE SUBDIVISION R-4 REZONE
7.39 ACRES (321,728 5F)
PARML M42814314.0
5685 N. BLACK CAI RD.
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Page 451
EXHIBIT B
Item#18.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW E IDIAl`T
AND DECISION&ORDER ,�E
In the Matter of the Request for Development Agreement Modification to modify the existing Oaks
North& Oaks South 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 previously approved plat,by Toll Southwest,LLC.
Case No(s).H-2021-0058
For the City Council Hearing Date of: October 5,2021 (Findings on October 19,2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of October 5, 2021, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of October 5, 2021, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 5, 2021,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of October 5,2021, 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 as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(PROJECT NAME—FILE#) - I - Page 452
Item#18.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 5,2021, 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
conditions of approval in the Staff Report for the hearing date of October 5, 2021, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC I I-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 1I-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two(2)year period. Additional time extensions up to two(2)years as
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(PROJECT NAME—FILE#) -2-
Page 453
Item#18.
determined and approved by the City Council may be granted. With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-513-6F).
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. 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 October 5,2021
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(PROJECT NAME—FILE#) -3- Page 454
By action of the City Council at its regular meeting held on the 19th day of October
2021.
COUNCIL PRESIDENT TREG BERNT VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 10-19-2021
Attest:
Chris Johnson 10-19-2021
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 10-19-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(PROJECT NAME-FILE#) -4-
ttem#�s. EXH I BIT A
STAFF REPORT E IDIAN -
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 10/5/2021 Legend _
DATE:
Project Location
TO: Mayor&City Council -1
FROAM: Joseph Dodson,Associate Planner o ® �
208-884-5533
SUBJECT: H-2021-0058
Oaks North&Oakmore DA •
Modification •
LOCATION: The site is located on over 200 acres on � ® mum
the north side of W. McMillan Road,
between N. Black Cat Road and N.
McDermott Road,in the S %z and NE '/4
of Section 28, Township 4N.,Range 1 W. _
L 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
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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.
B. The Meridian City Council heard these items on October 5,2021.At the public hearing the
Council moved to approve the subject Development Agreement Modification request.
1. Summary of the City Council public hearing:
a. In favor: Jeff Bowers,Applicant Legal Representative
b. In opposition:None
C. Commenting: Jeff Bowers
d. Written testimony: 1 piece—opposing any changes to the zoning that would increase
density of Oaks North project.
e. Staff presenting application: Joseph Dodson,Associate Planner
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. History of why previous DA was never signed:
b. Context of request beingentirely-administrative in order to formalize the approved
Oakmore Plat and is not changing any other component of the existing Oaks North DA.
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4. City Council change(s)to Staff recommendation:
a. None
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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item#�s. EXHIBIT A
B. DA Legal Description and Exhibit Map of the Area Subject to the New DA(dated: August 7,
2019):
Ora►KMORE SUBDIVISION
�4 REZONE - EXHJBIT
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OAKMORE SUBDINISOl R-4 REZONE
T.Z9 ACRES (321.728 5F)
PA,RCFL 604281432AO
SEES N. BLACK CAT R1D. I"*
N89'21'07"W 1312.36' PANT OF
NCT-A-PART BEGINNING
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LEGAL DESCRIPTION
OAKMORE SUBDIVISION REZONE —R-4
A parcel of land located in the NE1/o of Section 28,T.4N.,RAW, P.M..Meridian, Ada
County, Idaho, more partteulady described as fottows:
Commencing at a brass cap rnarking the southeast come of said NE 'f,,from ► hich
an aluminum cap marking the northeast corner of said NE 'Y4 bears N 0029`20"E a instance of
2638,62 feet:
Then N W2.9'20"E along the easterly boundary of said NE % a distance of 214-94
feet to the POINT OF BEGtNMING;
Thence leaving said easterly bouncIM North 89'21'07`West a distance of 1312.36
feet;
Thence N 0'36'34'E a distance of 444.28 feet„
Theme S 89'22'11" E a distance of 175.08 feet;
Thence S W2920"W a distance of 23U.00 feet;
Thence S 8V22'02" E a dstance of 113&34 feet to a point on said easterly boundary
of the sad Section 28;
Thence S 0'29'2Q'W along said easterly boundary a distance of 214.04 feet to the
POINT OF BEGINNING.
This parcel contains 7.39 acres and is subject to any easements existing or in use.
Clinton W. Hansen. PLS
Land Solutions. PC 4q p�c o
Revised. August 7, 2019
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ttem#�s. EXH I BIT A
C. Existing DA Concept Plan
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MERIDIAN, IDAHC PRELIMINARY PLAT LANDSCAPE PLAN ,SnulrriJxs
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ttem#�s. EXH I BIT A
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