PZ - Staff Report for 4-7 STAFF REPORT C�I
w IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING 4/7/2022 -- =---
Legend
DATE: 0
Project Location
TO: Planning&Zoning Commission P -
i
FROM: Joe Dodson,Associate Planner
208-884-5533
SUBJECT: H-2022-0010 ' "
Oaks North Rezone
LOCATION: The site is generally located northwest of � ® -
5151 N. Rustic Oak Way, in the NW 1/4
of the SW 1/4 of Section 28, Township ---
4N.,Range 1W. J .®®
I. PROJECT DESCRIPTION
Request for a Rezone of 12.02 acres of land from the R-4 to the R-8 zoning district for the purpose of
recouping five (5)building lots in a future final plat phase of the Oaks North Subdivision,by Toll
Southwest,LLC.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage RZ— 12.02 acres; Current Property Size—37.5 acres
Future Land Use Designation Medium Density Residential
Existing Land Uses Vacant
Proposed Land Uses Detached Single-family Residential
Lots(#and type; 83 future residential building lots; unknown number
bldg./common)) of common lots
Physical Features (waterways, None
hazards, flood plain,hillside
Neighborhood meeting date;# January 20,2022—number of attendees unknown
of attendees:
History(previous approvals) RZ-13-008; PP-13-013 (DA Inst. #114030972).
Page 1
B. Community Metrics
Description Details Page
Ada County Highway
District
• Staff report(yes/no) No
• Requires ACHD No
Commission Action
es/no
Access Access is proposed via local streets that are either planned or currently
(Arterial/Collectors/State under construction.No changes to the previously approved road layout
Hwy/Local) (Existing and are proposed.
Proposed)
Stub There is no proposal to change the previously approved road layout,
Street/Interconnectivity/Cross including stub streets. See attached concept plan in Exhibit VII.B.
Access
Existing Arterial Sidewalks/ Portion of required buffer along McDermott Road to the west(west
Buffers boundary of Oaks North No. 10)is already approved—future final plat
for this phase will be required to complete this buffer.
Proposed Road None required to any adjacent arterial or collector streets because of
Improvements previous improvements and road dedications.
Fire Service
No Comments
Police Service
• Concerns Area can be serviced per letter from Police Department(Exhibit VIIL!!)
Page 2
C. Project Area Maps
Future Land Use Map Aerial Map
Legend 0 Legend
Project Location MU-C Project Location ;
0
Mixed Use - - E €
in r ange Low Density I ,
r� . Ar.
Residential
ensity�
R
® ®
,
CIVIC AA
Zoning Map Planned Development Map
Legend R1 R13Ll�f� 0 Legend 0
Project Location Project Location �
L-OM, y City Limits [
• R-15 RUT Planned Parcels -- €
.RUT ; R
• R=8 01
R-4 R-4
L
R-15 _
- v R 4
R-8
R 1 R 15
+ R-8
RUT
RUT _
R-4
RUT R=8'- II
I R-4 RUT
III. APPLICANT INFORMATION
A. Applicant:
Kristen McNeill, Givens Pursley,LLP—601 W. Bannock Street,Boise, ID 83702
B. Owner:
Adam Capell, Toll Southwest,LLC—3103 W. Sheryl Drive, Ste. 100,Meridian,ID 83642
C. Representative:
Jeff Bowers, Givens Pursley,LLP 601 W. Bannock Street,Boise, ID 83702
Page 3
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper Notification 3/22/2022
Radius notification mailed to
properties within 500 feet 3/21/2022
Site Posting 3/28/2022
Nextdoor posting 3/21/2022
V. STAFF ANALYSIS
A. Rezone
The subject application is for a Rezone that contemplates approximately 12 acres of land,
currently zoned R-4. The Applicant is requesting to rezone this area from the R-4 zoning district
to the R-8 zoning district for the purpose of including five(5)additional building lots that were
lost over the course of the previous 11 final plat phases of the Oaks North Subdivision. Staff has
confirmed the addition of five(5)building lots within this phase will keep the project consistent
with the approved preliminary plat from 2014. Because of this,there is no need for a new
preliminary plat to be submitted—city code allows for later phases of a project to include lots lost
with previous phases so long as the total number of lots approved with the preliminary plat is not
increased. In short,the future phase 12 final plat is sufficient to memorialize the addition of lots
within the Oaks North Subdivision. However, adding these additional lots within the existing R-4
zoning district is not possible as the minimum dimensional standards requirements could not be
met. Therefore,the applicant has requested the rezone to the R-8 zoning district.
In addition,the applicant has stated within their narrative that the request to rezone 12 acres to the
R-8 zoning district along a portion of the Oaks North northern boundary is also in better
alignment with the existing R-8 zoning to the north(Prescott Ridge Subdivision)while providing
for additional variation of lot sizes within this area of the Oaks North Subdivision. Staff supports
the requested rezone for the purposes noted.
Outside of the Rezone application and the zoning implications,it is important to analyze other
changes that would occur because of the rezone and increase in density of this phase. First,the
Applicant is not proposing to change any of the previously approved road network. The proposed
local streets and the stub streets along the north boundary are shown in the same locations as
before. Secondly,the Applicant is proposing to increase the open space in this phase of the
development to meet the latest open space requirements for the R-8 zoning district. According to
their revised concept plan and narrative,the Applicant is showing over 180,000 square feet of
common open space for phase 12 which accounts for approximately 15%of the gross area. This
complies with the minimum open space requirements now required by UDC 11-3G-3. This is
helps maintain a livable neighborhood and assists in the project meeting current purpose
statements outlined within the new open space regulations. However, some of the open space
areas shown on the concept plan may be better suited in larger and condensed areas; Staff will
work with the Applicant between the timing of this Rezone application and the future final plat
submittal to make any necessary adjustments to the location of the open space as allowed under
the subdivision ordinance. In general,the locations shown on the new concept plan do appear to
comply with code.
Page 4
B. Future Land Use Map Designation(ht(ps://www.meridiancity.org/compplan)
Medium Density Residential(MDR)—This designation allows for dwelling units at gross
densities of three to eight dwelling units per acre. Density bonuses may be considered with the
provision of additional public amenities such as a park, school, or land dedicated for public
services.
Staff ,finds the proposed Rezone to the R-8 zoning district and anticipation of 83 additional lots is
compliant with the future land use designation of MDR. Because the existing preliminary plat and
Rezone request comply with the future land use designation, Staff does not have additional
comprehensive plan analysis on the future land use of the subject area and this project.
The City may require a development agreement(DA)in conjunction with a rezone application
pursuant to Idaho Code section 67-6511A.Staff is not recommending a new DA or a
modification to the existing DA because the subject property is still subject to the terms of the
the existing recorded development agreement(DA Inst. #114030972).
C. Existing Structures/Site Improvements:
Site improvements are currently in progress or planned per the existing final plat approvals and
the future phase 12 final plat.
D. Proposed Use Analysis:
The proposed use of detached single-family residential is a principally permitted use within the
requested R-8 zoning district,per UDC Table 11-2A-2. The proposed use is also consistent with
the existing preliminary plat(PP-13-013).
E. Dimensional Standards(UDC 11-2):
The new concept plan for phase 12 of the Oaks North Subdivision does not show lot sizes. Staff
will analyze the future final plat for compliance with the minimum dimensional standards of the
requested R-8 zoning district,per UDC Table 11-2A-6.
F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
The Applicant has submitted conceptual elevations for the future single-family homes. After
analysis of these conceptual elevations, Staff finds these elevations to be consistent with the
approved conceptual elevations in the DA(DA Inst. #114030972). Due to the number of
conceptual elevations submitted,please refer to the public record to view these elevations.
VI. DECISION
A. Staff:
Staff recommends approval of the requested rezone per the conditions of approval in Section VIII
and the Findings in Section IX of this staff report.
B. Commission:
Enter Summary of Commission Decision.
C. City Council:
To be heard at future date.
Page 5
VII. EXHIBITS
A. Rezone Legal Description and Exhibit Map
Lanai Desc6ption
Proposed Cily of Meridian Rezone
The Oaks North Subdivision
A pared located ur the N '/}of the SW'/of Section 28. Township 4 North, Range 1 West. Boise
Mendlan City of Meridian,Ada County, Idaho,and mode particularly described as follow&
Communcrng at a Brass Cap monurrrenl mark:ng the southwest comer of said Section 25, from
which am Aluminum Cap manurneni marking the southeast comer of the SW Y* (S A Dnrner) of
said Section bears S 89'16'69'E a distance of 2635.25 feet'
Thence N 1'W'42'1=along the west boundary of the SW ,of Se0tion 28 a distanca of 2630.B5
feel to an AJurninurn Cali monument marking the northwest comer Df the SW'/, (W Y.comer) of
saad Section 28.
TtTence along i1 ee north bound ary of said SVV S W21'17"E a dicta nce of 971.05 feet the POINT
Of BEGINNING
Thence amiinuing S 99'21'l7' E along said north boundary a distance oR 340 07 feel to the
northwest corner of lire NE Y.of the SW YL of said Section 2S;
Thence along the west boundary of said NE'/L Of the 3VV'/4 S 0`52:12..VV a distance of 16.99 feet
ID a paint;
Thence Ieawing said boundary S 89'14'34' E a distance of 596.07 feet to a point;
Thence S 0'45'26"Vv a distance of t46 93 Feet to a point of Curvature;
Thence a distance of 189.18 feet along the arc of a 60o 00 foot radius Curve lek said curve having
a oenlral angle of 1S°03'57- and a tang chard bearing 5 8'16'32"E a distariee of 185.40 feel to a
VoiM on the Centerline of W Bum Sages Drive,
Thence along said centerline the following courses and distances
Therim S 72*41'29' W a distance of 157.31 feet to paint of curvatute,
Therir-e a #isjancrl: of 275 35 fret along the dre OF a 1Q00 9G foal radius curve left. said
curve having a central angle of 15"4630" and a long chord bearing S 84"48'11- W a
distance of 274 49 feel to a point of langency.
Thence S 59*54'53`W a distance of 366 06 feet to a point.
chance reavirrg said centerline N 33*05-07'rW a distance of 144.00 feel to an angle point on the
nofiherly boundary of the Oaks N01h Subdrvision No.$, as shown in Book 121 of Plals on Pages
18996 through 10999, records of Ada County, Idaho;
Thence along said subdivision boundary the following Courses and distances:
The rtee S 156'54'53' W a distance of 00.00 feel to a point,
Landsoll.ttJons Pr sndR*tfie
Tne�kaMwthSibdn**rs
Jab Nn.1&35
Pago a of 2
Page 6
Thence 5 63'40'51'VV a distance of 73.86 feet to a paint_
Thence S 63"WX VV a divWnm of 70-71 feet to the northeasterly comer of said The
Oaks North 9ubdrvrs,on No-6_
Thence leaving said boundary N 6'38'19*W a distance of 137.94 feet to a point;
Thence N V38'at- E a distance of 135.00 feet to a paint;
Thence S B9°2: f 7'E a distance of 46.00 feet to a point:
Thence N VW43' E a distance of 425.00 feet to the PMNT OF 8EGtNNINGt
This parcel cof-tarnS 12.02 acres m"or less.
CtiMon VV. Hansen, Pt o��'i La&o
Land Solutions, PC * 5 Tr
November 11, 2021 q, OR
4
Page 7
TIDE OAKS NORTH TH UBDIVISIO 1
PROPOSED CITY OF MERIDIAN REZONE
LOCATED IN THE N 112 OF THE SW V4 OF SECTION 23,TAN„ R.W. R-M.
ITS'OF MERIDIAN.ADA COUNTY. IDAHO
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CURVE 0 LENGTH RADIUS DELTA SEARING CHC
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Page 8
B. New Concept Plan for applicable area(Illustrative Purposes Only)
THE OAKS NORTH
PHASE 12-UPDATED LOT LAYOUT
Meridian,Idaho
5'pq—be'1.2021
83 TOTAL BUILDING LOTS
I.
4 S 6 7 8 4 L 11R l fB H 16:ffi
O 1F m :ZO tl:Pl 23 24 25 26: 27: ,
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COMMON LOT
TOTAL COMMON LOT AREA-ffiI=8F
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GRAPHEC SCALE 1 in 15fl R
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Page 9
VIII. CITY/AGENCY COMMENTS
A. PLANNING DIVISION
1. Comply with all previous conditions of approval associated with the site(RZ-13-008; PP-13-
013 (DA Inst. #114030972).
2. With the final plat application associated with this phase,the Applicant should provide a
minimum of 15%qualified common open space as proposed.
3. The final plat must comply with the dimensional standards for the R-8 zoning district as
outlined in UDC Table 11-2A-6.
B. PUBLIC WORKS
General Comments
1. Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is three
feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall
be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
3. The applicant shall provide easement(s) for all public water/sewer mains outside of public
right of way(include all water services and hydrants). The easement widths shall be 20-feet
wide for a single utility, or 30-feet wide for two. Submit an executed easement(on the form
available from Public Works), a legal description prepared by an Idaho Licensed Professional
Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an
81/2"x 11"map with bearings and distances(marked EXHIBIT B)for review. Both exhibits
must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD.
4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 9-1-28.C). The applicant should be required to use any existing
surface or well water for the primary source. If a surface or well source is not available,a
single-point connection to the culinary water system shall be required. If a single-point
connection is utilized,the developer will be responsible for the payment of assessments for
the common areas prior to prior to receiving development plan approval.
5. Any structures that are allowed to remain shall be subject to evaluation and possible
reassignment of street addressing to be in compliance with MCC.
6. All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed
per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-
1207 and any other applicable law or regulation.
7. Any wells that will not continue to be used must be properly abandoned according to Idaho
Well Construction Standards Rules administered by the Idaho Department of Water
Resources. The Developer's Engineer shall provide a statement addressing whether there are
any existing wells in the development, and if so,how they will continue to be used, or
provide record of their abandonment.
Page 10
8. Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections(208)375-5211.
9. All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures.
10. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process,prior to the issuance of a plan
approval letter.
11. It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act.
12. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
13. Developer shall coordinate mailbox locations with the Meridian Post Office.
14. Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill,where footing would sit atop fill material.
15. The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to
ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above.
16. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD. The design engineer shall provide certification that the facilities have been
installed in accordance with the approved design plans. This certification will be required
before a certificate of occupancy is issued for any structures within the project.
17. At the completion of the project,the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
18. A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A
copy of the standards can be found at
http://www.meridiancity.orglpublic_works.aspx?id=272.
19. The City of Meridian requires that the owner post to the City a warranty surety in the amount
of 20%of the total construction cost for all completed sewer,water and reuse infrastructure
for duration of two years. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,
cash deposit or bond. Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service
for more information at 887-2211.
C. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridiancit .00rglWebLinkIDocView.aspx?id=256297&dbid=0&repo=MeridianC
Page 11
D. MERIDIAN POLICE DEPARTMENT(MPD)
https://weblink.meridiancity.org/WebLink/DocView.gyp x?id=255100&dbid=0&repo=MeridianC
Lty
IX. FINDINGS
A. Annexation and/or Rezone(UDC 11-513-3E)
Required Findings: Upon recommendation from the commission,the council shall make a
full investigation and shall, at the public hearing,review the application.In order to grant
an annexation and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
Staff finds the proposed zoning map amendment to rezone the property with the R-8 zoning
district and site design is consistent with the Comprehensive Plan and previous approvals.
2. The map amendment complies with the regulations outlined for the proposed districts,
specifically the purpose statement;
Staff finds the proposed zoning map amendment and the requested development complies
with the regulations outlined in the requested R-8 zoning district and is consistent with the
purpose statement of the requested zone.
3. The map amendment shall not be materially detrimental to the public health,safety,
and welfare;
Stafffinds the proposed zoning map amendment should not be detrimental to the public
health, safety and welfare, especially if all conditions of approval are met.
4. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the city including,but not
limited to, school districts; and
Staff finds the proposed zoning map amendment will not result in an adverse impact on the
delivery of services by any political subdivision providing public services within the City.
5. The annexation(as applicable)is in the best interest of city.
N/A. Property is already annexed into the City and subject to an existing development
agreement.
Page 12