Oaks North and South RZ 13-015/AZ 13-008ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 90
BOISE IDAHO 04125!14 10:55 AM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II III
RECORDED-REQUEST OF
Meridian City 114~~+'~'~7~
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Coleman Homes, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement}, is made and entered into
this f~~ day of ~~,,,_~ ~ , 2014, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY, and Coleman Homes, LLC whose
address is 3103 W. Sheryl Drive, Suite 100, Meridian, Idaho 83642 hereinafter called
OWNER/DEVELOPER.
RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract
of land in the County of Ada, State of Idaho, described in Exhibit "A" for
each owner, which is attached hereto and by this reference incorporated
herein as if set forth in full, herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance,
require orpermit as acondition of re-zoning that the Owner/Developer make
a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-SB-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the amlexation and/or re-zoning of
land; and
1.4 WHEREAS, Owner/Developer has submitted an application for annexation
and re-zoning of the Property described in Exhibit "A", requesting a
designation of R-4 (Medium-Low Density Residential) (221.55 acres), R-8
(Medium Density Residential) (155.31 acres), R-l5 (Medium High Density
Residential District) (52.05 acres), and L-O (Limited Office) (5.54
acres)zoning districts under the UDC and generally describing how the
Property will be developed and what improvements will be made; and
1.5 WHEREAS, City and former owner entered into a Development Agreement
on a portion of the property described in Exhibit A as Instrument #
109009629 on January 29, 2009 for the Oakcreelc Subdivision. That
DEVELOPMENT AGRG~MGNT -OAKS NORTH AND SOUTH SUBDIVISIONS (RZ 13-O1 S AZ 13-008} PAGE: 1 OF 10
Development Agreement is terminated and the subject property is hereby
bound by the terms of this Agreement.
1.6 WHEREAS, Owner/Developer made representations at the public hearings
both before the Meridian Planning & Zoning Commission and before the
Meridian City Council, as to how the subject Property will be developed and
what improvements will be made; and
1.7 WHEREAS, the record of the proceedings for the requested annexation and
zoning designation of the subject Propertyheld before the Planning & Zoning
Commission, and subsequently before the City Council, include responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and comment; and
1.8 WHEREAS, City Council, the 17`h day of December, 2013, 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
1.9 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on
annexation and zoning designation; and
1.10 WHEREAS, Owner/Developer deem it to be in their best interest to be able
to enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at their urging and requests; and
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 April 19,
2011, Resolution No. 11-784, and the Zoning and Development Ordinances
codified in Meridian Unified Development Code, 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.
DEVELOPMENT AGREEMENT-OAKS NOR'Ptl AND SOUTH SUBDIVISIONS (RZ 13-015 AZ 13-~~$~ PAGE 2 OF' LO
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
pleases 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 ofthe 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 Coleman Homes, LLC, whose
address is 3103 W. Sheryl Drive, Suite 100, Meridian, Idaho 83642, the party
that is developing said Property and shall include any subsequent
owner/developer(s) of the Property.
3.3 PROPERTY: means 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 Low Density Residential
District (R-4) (221.55 acres); Medium Density Residential District (R-8)
(155.31 acres); Medium High Density Residential District (R-15) (52.05
acres); and L-O (Limited Office) (5.54 acres) and 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 City's Zoning Ordinance codified at Meridian Unified Development
Code.
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:
5.1.1 The Owner/Developer shall comply with the submitted home elevations
attached in Exhibit A.5 of the attached Findings, with materials and
architectural features to be the same or higher quality as in the elevations.
5.1.2 Future development of the office lots shall comply with the design standards
listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design
Manual. Development of these lots shall not commence until the
DBVELOPMENT AGREEMENT-OAKS NORTH AND SOUTH SUBD[VISIONS (RZ 13-015 AZ 13-008) PAGE 3 OF 10
Owner/Developer obtains certificate of zoning compliance and design review
approval.
5.1.3 The Owner/Developer shall dedicate the well lot and the lift station lot (Lot
29, Block ] 0) of Oaks South Subdivision to the City as proposed. The
applicant shall coordinate with the City on the acquisition of the fire station
lot (Lot 1, Block 16 of Oaks South Subdivision). If the acquisition is
mutually agreed upon by the Owner/Developer and the City, the future fire
station lot is entitled to impact fee credits as allowed by law.
5.1.4 Development of the multi-family lots requires conditional use permit
approval. The density range in these areas shall be 8 to 15 dwelling units to
the acre.
5.1.5 If mutually agreed upon by the Owner/Developer and WARD, the
Owner/Developer shall dedicate Lot 4, Block 16 of Oaks South Subdivision
to Western Ada Recreation District (WARD) for a neighborhood park as
proposed. If an agreement cannot be reached between the parties, the
Owner/Developer shall coordinate with the Parks Department on the
dedication of the lot as a City neighborhood park.
5.1.6 For phasing purposes, the Oaks North and Oaks South plats shall be reviewed
as one project and both plats will remain valid as successive phases receive
City Engineer's signature. As long as the submittal and recordation of a final
plan in one plat is completed in the timeline outlined in UDC 11-6B-7, the
entire project remains valid and does not expire.
5.1.7 The Owner/Developer shall be responsible for all costs associated with
design and construction of the required interim lift station and pressure sewer
line. The station's design and capacity shall be coordinated with the Public
Works Department; the design shall include communication capabilities that
are consistent with the City of Meridian's SCADA system. At completion of
the construction, the station will be donated to the City of Meridian who will
own and maintain the lift station. The completion and acceptance of the lift
station will be at the sole discretion of the Meridian Public Works Director.
Any potential upgrades to the interim lift station from other surrounding
parcels will be reviewed by the Meridian Public Works Department.
Approved upgrades to the purposed station will be fully funded by the
requester, and will be subject as reimbursement fees to the Owner/Developer.
5.1.8 Water service to this site is being proposed via extension of mains in N.
Black Cat Road, McDermott Road, and McMillan Road. The
Owner/Developer shall be responsible for the installation of water mains to
and through this development through the City of Meridian's water master
plan. Due to fire flow requirements the applicant will need to construct a 12-
inchdiameter main from the intersection ofN. Black Cat Road and McMillan
Road heading east to the existing 12-inch diameter main near the Ten Mile &
McMillan intersection. This connection will need to be installed with phase
one of the Owner/Developer's plan, and may be eligible for partial
DEVELOPMENT AGREEMEN'T' -OAKS NORTH AND SOUTH SUBDNISIONS (RZ 13-~ 15 AZ 13-~~$) PAGE 4 OF 10
reimbursement. If the 12-inch water main from Ten mile & McMillan is
installed by another developer prior to phase one consriuction, the
Owner/Developer will not be responsible to participate in construction ofthe
required main extension.
5.1.9 The proposed outdoor storage is an accessory use in the R-15 district for the
benefit of the proposed residential developments and shall not operate as a
stand-alone commercial business. Development of this lot shall not
commence until the Owner/Developer obtains certificate of zoning
compliance and design review approval of the storage facility.
5.1.10 Lot 2, Block 1 of the Oaks North Subdivision and Lot 5, Block 16 of the
Oaks South Subdivision shall be preserved for futureright-of--way acquisition
by ITD for the construction of the McDermott Road overpass.
5.1.11 The Owner/Developer shall comply with all City ordinances in effect at the
time of final plan submittal.
5.1.12 The Owner/Developer shall provide a method for notifying home owners of
the future multi-family developments proposed with the Oaks North and
Oaks South developments as determined by the Planning Division Manager.
5.1.13 With the first phase of development of the Oaks South Subdivision, the
Owner/Developer shall develop the pool complex on Lot 1, Block 4, as
proposed. With the second phase of development of the Oaks North
Subdivision, the Owner/Developer shall develop the pool complex and the
5.71 acre neighborhood park on Lot 6, Block 12, as proposed.
5.1.14 Across-access easement shall be recorded for the office lots within the Oaks
South Subdivision in accord with UDC 11-3A-3.
6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2)
years after the date of the Findings for the annexation and zoning or it is null and void.
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 ofOwner/Developer's default of this
Agreement, 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
DEVELOVMEN'I' AGREEMENT-OAKS NORTH AND SOUTH SUBDIVISIONS (RZ 13-015 AZ 13-0081 PAGE $ OF ]O
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 ofdefault byOwner/Developer that is not cured after
notice as described in Section 7.2, Owner/Developer shall be deemed to have
consented to modification of this Agreerent and de-annexation and reversal
of the zoning designations described herein, solely against the offending
portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-6511. Owner/Developer reserves all rights to contest
whether a default has occurred. This Agreement shall be enforceable in the
Fourth Judicial District Court in Ada County by either City or
Owner/Developer, or by any successor or successors in title or by the assigns
of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
7.4 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 ofthe 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.
7.5 Waiver. A waiver by City of any default by Owner/Developer ofany 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: Ciry shall record either a memorandum
of this Agreement or 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 annexation and
zoning of the Property contemplated hereby, the City shall execute and record an appropriate
instrument of release of this Agreement.
DEVELOPMENT AGREEMENT-OAKS NORTH AND SOUTH SUBDNISIONS (RZ I3-015 AZ 13-0081 PAGE O OF 10
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
Meridian City Code §11-5-C, to insure that installation of the improvements, which the
Owner/Developer agrees 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.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by
all ordinances of the City of Meridian and the Property shall besubject to de-annexation ifthe owner
or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian.
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:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNER/DEVELOPER:
Coleman Homes, LLC
3103 W. Sheryl Drive, Suite 100
Meridian, Idaho 83642
with copy to:
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 accordance with the requirements of
this section.
DEVELOPMEN"I' AGREEMENT-OAKS NORTH AND SOUTH SUBDIVISIONS (RZ 13-015 AZ 13-008) PAGE ~ OF 10
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
maybe 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.
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 of the Property, 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 has fully performed its 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 expresslyprovided, eachparty
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. 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.
20.1 No condition governing the uses and/or conditions governing re-zoning ofthe 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.
DEVELGNMBNT AGREEMENT-OAKS NORTH ANn Sou'rn Suanlvl$IONS (RZ 13-015 AZ 13-0081 PAGE 8 OF 10
21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date 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.
ACI~IOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
Coleman Homes, LLC
By:
CITY OF MERIDIAN
Mayor a my de Weerd
.,
ATTEST: »~ ~; `>>
"~, 7DRPI0
SL:~L
Jaycee .Holman, City Clerk ~;'~F,,, ~,~'~
\~~fhr Tllf ~y\'~
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DEVELOPMENT AGREEME=N`T` -OAKS NORTFI AND SOUTH SUBDIVISIONS (RZ 13-015 AZ 13-008) PAGE 9 OF 10
STATE OF IDAHO )
County of Ada,
ss:
On this day of , 2014, before me, the undersigned, a Notary Public in and
for sa' State, person Ily appeared l ~ ~~Q ~ ~plP ~n , known or identified to me to be
the ,~ d of Coleman Homes, LLC, and acknowledged to me that he executed
the same on beha f of said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
(SEAL)
....-
+P,~BLiG
STATE OF IDAHO )
County of Ada
ss
N to ublic fo • I aho
Residing at: ~Ot~
My Commission Expires: -tea'--/
On this ~~ day of _ ~„ ~., ~ , 2014, before me, a Notary Public,
~-
personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person
that executed the instrument of behalf of said City, and acknowledged to me that such City executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
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NotaryPublic or Idaho
Residing at: I~-{P.U la.+~ l~
Commission expires: ~ ~~~ y ~ o ~ o
DEVELOPMENT AGREEMENT -OAKS NOIZ"fli AND SOUTH SUBDIVISIONS (RZ 13-015 AZ 13-00g) PAGh 10 or 10
Exhibit A
Legal Descriptions for the Annexation and Rezone
Jyly 9, 2013
DESCRIPTION FOR R-4 ZONE ANNEXATION PARCEL
PROPOSED OAKS SOUTH SUBDIVISION
A parcel of land located in the N Ya of Section 33, T. 4N., R.1 W., B.M.; Meridian, Ada
County, Idaho, more part(cularly described as follows:
Commencing at the Northwest corner of fhe said Section 33, from which the North ^/<
corner of said section bears South 89°16'58" East, 2635.25 feet; thence along the north
houndary of the NW Y< of Bald section South 89°16'58" East, 1317.67 feet to the northwest
corner of the E Y: of the NW Y< of said section; thence along the west boundary of said E %: of
the NW Y< South 00°30'58" West, 702.15 feet to the POINT OF BEGINNING;
thence North 58°06'55" East, 56.81 feet;
thence North 75°35'33" East, 44.23 feet;
thence South 89°16'58" East, 605.00 feet;
thence South 00°43'02" West, 45.00 feet;
thence South 89°16'58" East, 221.58 feet to a point of curvature; '
thence 291.40 feet along the arc of a curve to the left, said curve having a radius of
300.00 feet, a delta angle of 55°39'15", and a long chord bearing North 62°53'25" East,
280.08 feet to a point of compound curvature;
thence 22.74 feet along the arc of a curve to the left, said curve having a radius of
400.00 feet, a delta angle of 03°15'26", and a long chord bearing North 33°26'05" East, 22.74
feet to a point on a curve;
thence 121.86 feet along the arc of anon-tangent curve to the right, said curve having
a radius of 300.00 feet, a delta angle of 23°16'24", and a long chord bearing South 46°33'39"
East, 121.02 feet;
thence North 58°57'32" East, 159.20 feet;
thence South 29°48'22" East, 75.02 feet;
thence South 36°44'57" East, 70,80 feet;
thence South 45°02'43" East, 63.43 feet;
thence South 56°05'04" East, 78.26 feet;
thence South 68°00'46" East, 75.00 feet;
Oaks North and South Subdivisions - (AZ-13-008; RZ-13-008)
thence South 76°05'15" East, 75.00 feet;
thence South 86°21'57" East, 74.91 feet;
thence North 87°53'29" East, 681.15 feel;
thence North 65°09'33" East, 88.92 feet;
thence South 89°31'36" East, 50.00 feet to a point on the east boundary of the W Y of
the NE %<of said Section 33;
thence along said east boundary South 00°28'24" West, 938.32 feet;
thence leaving said boundary South 86°27'13" West, 249.29 feet;
thence South 88°55'20" West, 854.30 feet;
thence North 88°19'22" West, 243.62 feet;
thence North 74°47'14" West, 175.88 feet;
thence North 76°44'37" West, 2499.95 feet to a point on the west boundary of said
Section 33;
thence along said west boundary North 00°32'39" East, 101,67 feet;,
thence leaving said boundary South 76°42'20" East, 1259.37 feet;
thence South 89°17'19" East, 89.90 feet;
thence North 00°30'58" East, 614.45 feet to the POINT OF BEGINNING. Containing
59.72 acres, more or less.
1111
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Oaks North and South Subdivisions - AZ-13-008; RZ-13-008; PP-13-013; PP-13-014 and MDA-13-015
PAGE 42
July 9, 2013
DESCRIPTION FOR R-8 ZONE ANNEXATION PARCEL
PROPOSED OAKS SOUTW SUBDIVISION
A parcel of land located in the N''/z of Section 33, T. 4N., R.1W., B.M:, Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the Northwest corner of the said Section 33, from which the North'/<
corner of said section bears South 89°16'58" East, 2635.25 feet; thence along the north
boundary of the NW'/a of said section South 69°16'58" East, 1317.67 feet to the northwest
corner of the East''/z of the NW'/. of said section, the POINT OF BEGINNING;
thence continuing along said north boundary South 69°16'58" East, 1317.68 feet to the
N'/n corner of said Section 33;
thence along the north boundary of the NE'/a of said section South 89°16'45" East, .
1317.68 feet to the NE corner of the W %: of the NW '/ of said Section 33;
thence along the east boundary of said W Yz of the NW'/< South 00°28'24" West,
751.22 feet;
thence leaving said boundary North 89°31'36" West, 50.00 feet;
thence South 65°09'33" West, 88.92 feet;
thence South 87°53'29" West, 681.15 feet;
thence North 86°21'57" West, 74.91 feet;
thence North 76°05'15" West, 75.00 feet;
thence North 68°00'46" West, 75.00 feet;
thence North 56°05'04" West, 78.26 feet;
thence North 45°02'43" West, 83.43 feet;
thence North 36°44'57" West, 70.80 feet; '
thence North 29°48'22" West, 75.02 feet;
thence South 58°57'32" West, 159.20 feet to a point on a curve;
thence 121.86 feet along the arc of anon-tangent curve to the left, said curve having a
radius of 300.00 feet, a delta angle of 23°16'24", and a long chord bearing North 46°33'39"
West, 121.02 feet to a point on a curve;
Oaks North and South Subdivisions -AZ-13-008; I2Z-13-008; PP-13-013; PP-13-014 and MDA-13-015
PAGE 43
thence 22.74 feet along the arc of anon-tangent curve to the right, said curve having a
radius of 400.00 feet, a delta angle of 03°15'26", and a long chord bearing South 33°26'05"
West, 22.74 feet to a point of compound curvature;
thence 291.40 feet along the arc of a curve to the right, said curve having a radius of
300.00 feet, a delta angle of 55°39'15", and a long chord bearing South 62°53'25" West,
280.08 feet to a point of tangency;
thence North 89°16'58" West, 221.58 feet;
thence North 00°43'02" East, 45.00 feet;
thence North 89°16'58" West, 605.00 feet;
thence South 75°35'33" West, 44.23 feet;
thence South 58°06'55" West, 56.81 feet to a point on the west boundary of the E % of
the NW y of said Section 33;
thence along said west boundary North 00°30'56" East, 702.15 feet to the
POINT OF BEGINNING. Containing 43.32 acres, more or less.
1118
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Oaks North and South Subdivisions - AZ-13-008; RZ-13-008; PP-13-013; PP-13-014 and MDA-13-O15
PAGE 44
July 9, 2013
DESCRIPTION POR R-4 RE20NE
PROPOSED OAKS SUBDIVISION
PARCEL A
A parcel of land located in the N'/= of Section 33, T. 4N., R.1 W., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the Northwest corner of the said Section 33, from which the North'/a
corner of said section bears South 89°16'58" East, 2635.25 feet; thence along the north
boundary of the NW'/<of said section South 89°16'58" East, 1317.67 feet to the northwest
corner of the E'/: of the NW'/a of said section; thence along the west boundary of said E "/: of
the NW '/a South 00°30'58" West, 702.15 feet to the POINT OF BEGINNING;
thence continuing South 00°30'58" West, 614.45 feet;
thence North 89°1719" West, 89.90 feet; '
thence North 76°42'20" West, 78.25 feet;
thence North 09°28'49" East, 243.74 feet;
thence North 06°19'43" East, 358.40 feet;
thence North 70°59'59" East, 46.32 feet
thence South 31°53'05" East, 39.34 feet;
thence North 58°06'55" East, 32.21 feet to the POINT OF BEGINNING. Containing
1.77 acres, more or less.
PARCEL B
A parcel of land located in the E %: and SW'/a of Section 28, T. 4N., R.1W., B.M.,
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the S Y° corner of the said Section 28, from which the Southwest
corner of said section bears South 89°16'58" West, 2635.25 feet; thence along the South
boundary of said section South 89°16'45" East, 1317.68 feet; thence North 00°37'35" East,
656.30 feet to the POINT OP BEGINNING;
Thence North 89°22'25" West, 1372.28 feet;
thence North 86°16'25" West, 50.07 feet;
thence North 89°22'25" West, 265.00 feef;
Oaks North and South Subdivisions - AZ-13-008; RZ-13-008; PP-13-O13; PP-13-014 and MDA-13-015
PAGE 46
thence North 84°44'53" West, 165.52 feet;
thence North 69°51'36" West, 36.96 feet;
thence North 40°06'25" West, 42.00 feet;
thence North 30°17'16" West, 42.00 feet;
thence South 67°17'44" West, 116.09 feet;
thence South 84°36'49" West, 51.07 feet;
thence South 71°27'35" West, 128.62 feet;
thence North 89°22'25" West, 550.00 feet;
thence North 74°04'30" West, 51.84 feet;
thence North 89°22'25" West, 209.94 feet;
thence North 22°56'21" West, 133.50 feet;
thence North 10°22'36" West, 102.43 feet;
thence North 15°28'05" West, 262.84 feet;
thence North 01°00'42" East, 171.03 feet;
thence North 88°59'18" West, 324.54 feet;
thence North 01°00'42" East, 774.71 feet;
thence South 89°21'17" East, 120.00 feet;
thence South 68°27'39" East, 53.39 feet;
thence South 89°21'17" East, 345.70 feet;
thence North 45°38'43" East, 14.14 feet;
thence North 00°38'43" East, 100.00 feet;
thence North 01°50'15" West, 25,02 feet;
thence North 00°38'43" East, 425.00 feet;
thence South 89°21'17" East, 340.07 feet;
thence South 00°52'12" West, 16.99 feet;
Oaks North and South Subdivisions - AZ-13-008; RZ-13-008; PP-13-013; PP-13-014 and MDA-13-015
PAGP 47
thence South 89°14'34" East, 789.50 feet;
thence North 64°03'54" East, 27.64 feet;
thence South 86°53'48" East, 189.53 feet;
thence South 89°14'51" East, 20.04 feet;
thence South 70°27'50" East, 25.64 feet;
thence South 61°00'03" East, 36.69 feet;
thence South 88°50'13" East, 85.57 feet;
thence South 86°14'58" East, 63.62 feet;
thence North 69°18'37" East, 45.49 feet;
thence South 78°0747" East, 19.68 feet;
thence North 53°05'44" East, 16.53 feet;
thence North 00°45'06" East, 24.90 feet;
thence North 00°43'58" East, 625.84 feet;
thence South 77°56'14" East, 1338.14 feet;
thence South 00°36'34" West, 361.82 feet;-
thence South 00°37'35" West, 1979.46 feet to the POINT OF
Containing 160.06 acres, more or less.
F2EVIS ' /,PaOVAL
,iu~ z ti ~ut~
MERIDIAN C:+>L` e.~r;i _~
Oaks North and South Subdivisions-AZ-13-008; RZ-13-008; PP-13-013; PP-13-014 and MDA-13-015
PAGE 48
May 16, 2013
DESCRIPTION FOR R-6 ZONE
PROPOSED OAKS SUBDIVISION
PARCEL A
A parcel of land located In the SW'/n of Section 28, T. 4N., R.1W., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the Southwest corner of the said Section 28, from which the South''/e
corner of said section bears South 89° 16'58" East, 2635.25 feet; thence along the West
boundary of said section North 01°00'42" East, 2089.88 feeE to the POINT OF BEGINNING;
thence continuing along said West boundary North 01°00'42" East, 540.97 feet to tho
northwest corner of Bald SW Y<;
thence along the North boundary of said SW'/< South 89°21'17" East, 971.05 feet;
thence South 00°38'43" West, 425.00 feet;
thence South 01°50'15" East, 25.02 feet;
thence South 00°38'43" West, 100,00 feet;
thence South 45°38'43" West, 14.14 feet;
thence North 89°21'17" West, 345.70 feet;
thence North 68°27'39" West, 53.39 feet;
thence North 89°21'17" West, 570.00 feet to the POINT OF BEGINNING. Containing
12.25 acres, more or less.
PARCEL 6
A parcel of land located in the NW'/ of Section 33, T. 4N., R.1W., B.M.,
Meridian, Rda County, Idaho, more particularly described as follows:
BEGINNING at the Northwest corner of the said Section 33, from which the North Y°
corner of said section bears South 89°16'58" East, 2635.25 feet;
thence along the North boundary of said section South 89°16'58" East, 643.51 feot;
thence South 00°43'02" West, 502.76 feet;
thence North 89°27'21"West, 641.99 feet to a point on the westerly boundary of said
NW 114;
Oaks North and South Subdivisions -AZ-]3-008; f2Z-13-008; PP-13-013; PY-13-014 and MDA-13-015
PAGE 49
thence North 00°32'39" East along said westerly boundary, 504.70 feet to the POINT
OF BEGINNING. Containing 7.43 acres, more or less.
PARCEL C
A parcel of land located In the N %: of Section 33 and the S'/: of Section 28, T. 4N.,
R.1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the Northwest corner of fhe said Section 33, from which the North'/
corner of said section bears South 89°16'58" East, 2635.25 feet; thence along the North
boundary of said section South 89°16'58" East, 918.52 feet to the POINT OF BEGINNING;
thence North 00°42'2S" East, 596.72 feet to a point of curvature;
thence 71.77 feet along the arc of a curve to the right, said curve having a radius of
300.00 feet, a delta angle of 13°42'28", and a Tong chord bearing North 07°33'42" East, 71.60
feet;
thence Soufh 89°22'25" East, 209.94 feet;
thence South 74°04'30" East, 51.84 feet;
thence South 89°22'25" East, 550.00 feet;
thence North 71°27'.35" East, 128.62 feet;
thence North 84°36'49" East, 51.07 feet;
thence North 67°17'44" East, 116.09 feet;
thence South 30°17'16" East, 42.00 feet;
thence South 40°06'25" East, 42.00 feet;
thence South 69°51'36" East, 36.96 feet;
thence South 84°44'53" East, 165.52 feet;
thence South 89°22'25" East, 265.00 feet;
thence South 86°16'25" East; 50.07 feet;
thence South 89°22'25" East, 1372.28 feet;
thence South 00°37'35" West, 656.30 feet to a point on the North boundary of the said
Section 33;
thence leaving said north boundary South 00°28'24" West, 751.22 feet;
thence North 89°31'36" West, 50.00 feet;
Oaks North and South Suhdivisions - AZ-13-008; RZ-13-008; YP-13-013; PP-13-014 and MDA-13-015
PAGE 50
thence South 65°09'33" West, 86.92 feet;
thence South 87°53'29" West, 681.15 feet;
thence North 88°21'57" West, 74.91 feet;
thence North 76°05'15" West, 75.00 feet;
thence North 68°00'46" West, 75.00 feet;
thence North 56°05'04" West, 78.26 feet;
thence North 45°02'43" West, 83.43 feet;
thence North 36°44'57" West, 70.80 feet;
thence North 29°48'22" West, 75.02 feet;
thence South 58°57'32" West, 159.20 feet to a point on a curve;
thence 121.86 feet along the arc of anon-tangent curve to the left, said curve having a
radius of 300.00 feet, a delta angle of 23°16'24", and a long chord bearing North 46°33'39"
West, 121.02 feet to a point on a curve;
thence 22.74 feet along the arc of anon-tangent curve to the right, said curve having a
radius of 400.OD feet, a delta angle of 03°15'26", and a long chord bearing South 33°26'05"
West, 22.74 feet to a point of compound curvature;
thence 291.40 feet along the arc of a curve to the right, said curve having a radius of
300.00 feet, a delta angle of 55°39'15", and a long chord bearing South 62°53'25" West,
280.08 feet to a point of tangency;
thence North 89°16'58" West, 221.58 feet;
thence North 00°43'02" East, 45.00 feet;
thence North 89°16'58" West, 605.00 feet;
thence South 75°35'33" West, 44.23 feet;
thence South 58°06'55" West, 89.02 feet;
thence North 31°53'05" West, 39.34 feet to a point of curvature;
thence 209.75 feet along the arc of a curve to the left, said curve having a radius of
400.00 feet, a delta angle of 30°02'40", and a Tong chard bearing North 46°54'25" West,
207.35 feet;
Oaks North and South Subdivisions - AZ-13-008; RZ-13-008; PP-13-013; YP-13-014 and MDA-13-015
PAGE 51
thence North 00°43'02" East, 546.61 feet to a point on the North boundary of said
Section 33;
thence along said boundary North 89°16'58" West, 200.00 feet to the POINT OP
BEGINNING. Containing 92.31 acres, more or less.
BY EV _i~PROVAL
JULt, 5 YU13
M~R~D,,4r C~;,sr~UNirr
Oaks North and South Subdivisions -AZ-13-008; RZ-13-008; PY-13-013; PP-13-014 and MDA-13-015
PAGF; 52
May 16, 2013
DESCRIPTION FOR R-15 ZONE
PROPOSED OAKS SUBDIVISION
PARCEL A
A parcel of land located in the SW Y of Section 28, T. 4N., R.1 W., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
BEGINNING at the Southwest corner of the said Section 28, from which the South Y<
corner of said section bears South 89°16'58" East, 2635.25 feet;
thence along the West boundary of said SW Y< North 01°00'42" East, 1315.47 feet;
thence South 89°18'59" East, 450.00 feet;
thence South 88°59'18" East, 324.54 feet;
thence South 01°00'42" West, 171.03 feet;
thence South 15°28'05" East, 262.84 feet;
thence South 10°22'36" East, 102.43 feet;
thence South 22°56'21" East, 133.50 feet to a point on a curve;
thence 71.77 feet along the arc of anon-tangent curve to the left, said curve having a
radius of 300.00 feet, a delta angle of 13°42'28", and a long chord bearing South 07°33'42"
West, 71.60 feet to a point of tangency;
thence South 00°42'28" West, 596.72 feet;
thence North 89°16'58" West, 918.52 feet to the POINT OF BEGINNING. Containing
26.32 acres, more or less.
PARCEL B
A parcel of land located in the NW % of Section 33, T. 4N., R.1 W., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the Northwest corner of the said Section 33, from which the Norfh'/°
corner of said section bears South 89°16'58" East, 2635.25 feet; thence along the West
boundary of said section South 00°32'39" West, 504.70 feet to the POINT OF BEGINNING;
Thence South 89°27'21" East, 932.00 feet to a point of curvature;
Oaks North and South Subdivisions -AZ-13-008; 12%-13-008; PP-13-013; PP-13-014 and MDA-13-015
PAGE 53
thence 401.92 feet along the arc of a curve to the right, said curve having a radius of
400.00 feet, a delta angle of 57°34'16", and a long chord bearing South 60°40'13" East,
385.23 feet;
thence South 70°59'59" West, 46.32 feet;
thence South 06°19'43" West, 358.40 feet;
thence South 09°28'49" West, 243.74 feet;
thence North 76°42'20" West, 1181.12 feet to a point on the West boundary of said
Section 33;
thence along said West boundary North 00°32'39" East, 537.67 feet to the POINT OF
BEGINNING. Containing 18.34 acres, more or less.
PARCEL C
A parcel of land located in the NE ^/n of Section 28, T. 4N., R.1W., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the S ^/< corner of the said Section 28, from which the Southwest
corner of said section bears South 89°16'58" West, 2635.25 feet; thence along the South
boundary of said section South 89°16'45" East, 1317.68 feet; thence North 00°37'35" East,
2635.76 feet; thence North 00°36'34" East, 214.87 feet to the POINT OF BEGINNING;
Thence continuing North 00°36'34" East, 444.28 feet;
thence South 89°22'11" East, 175.08 feet;
thence South 00°29'20" West, 230.00 feet;
thence South 69°22'02" East, 1136.34 feet to a point on the East boundary of the said
Section 28;
thence along said boundary South 00°29'20" West, 214,64 feet;
thence North 89°21'07" West, 1312.36 feet to the POINT OF BEGINNING. Containing
7.39 acres, snore or less.
a
. REVIE~IJiAPpROVAL ~~j~2p,
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Oaks North and South Subdivisions-AZ-13-008; RZ-13-008; PP-13-013; PP-13-014 and MDA-13-015
PAGE 54
May 16, 2013
DESCRIPTION FOR L-O ZONE
PROPOSED OAKS SUBDIVISION
A parcel of land located in the NW Y< of Section 33, T. 4N., R.1 W., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the Northwest corner of the said Section 33, from which the North Y<
corner of Bald section bears South 89°16'58" East, 2635.25 feet; thence along the North
boundary of said section South 89°16'45" East, 643.51 feet to the POINT OF BEGINNING;
thence continuing along said North boundary South 89°16'58" East, 475.01 feet;
thence South 00°43'02" West, 546,61 feet to a point on a curve;
thence 192.17 feet along the arc of anon-tangent curve to the left, said curve having a
radius of 400.00 feet, a delta angle of 27°31'36", and a long chord bearing North 75°41'33"
West, 190.33 feet to a point of tangency;
thence North 89°27'21" West, 290.01 feet;
thence North 00°43'02" East, 502.76 feet to the POINT OF BEGINNING. Containing
5,54 acres, more or Tess.
~cvt Rovn~
[3Y ~-.,,
UL 2 5 2013
f~7ERICtAt1 ~ 0?Jtv',UNiTy
CEVEL^=:?_~,~T DEPT.
Oaks North and South Subdivisions - (AZ-13-008; K%-13-008)
Oaks North and South Subdivisions - A7-13-008; I2Z-13-008; PP-13-013; PP-13-014 and MDA-13-015
PAGE 57
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~ri~E IDIAN~--
IDAHO
In the Matter of Rezone of 298.33Acres of Land to the R-4 (Medium Low-Density Residential)
(160.06 Acres), the R-8 (Medium-Density Residential) (104.56 Acres) and the R-15 (Medium High-
Density) (33.71 Acres) Zoning Districts AND Preliminary Plat consisting of 653 Residential Lots, 3
Multi-family Lots, 40 Common Lots and 1 Other Lot on 252.12 Acres of Land for Oaks North
Subdivision;
Annexation of 103.04 Acres to the R-4 (Medium-low Density Residential) (59.72 Acres) and R-8
(Medium Density Residential) (43.32 Acres) Zoning Districts; Rezone of 33.08 acres to the R-4
(Medium-low Density Residential) (1.77 acres), R-8 (Medium-Density Residential) (7.43 acres), R-
15 (Medium High-Density Residential) (18.34 acres) and L-O (Limited Office) (5.54 acres) Zoning
Districts; Preliminary Plat consisting of 310 Residential Lots,1rtulti-family Lot, 6 Oftce Lots, l
Park Lot, 2 Other Lots and 33 Common Lots on 135.93 acres for Oaks South Subdivision AND;
Development Agreement modification to replace recorded Oakcreek DA (Inst. #109009629) with
new development agreement for the Oaks North and Oaks South Subdivisions, by Coleman Homes,
LLC.
Case No(s). AZ-13-008; RZ-13-008; PP-13-013; PP-13-014 and MDA-13-015
For the City Council Hearing Date of: November 26, 2013 (Findings on December 10, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 26, 2013, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 26, 2013, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 26,
2013, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of November 26, 2013, 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 1 I Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
CITY OF MERIDIAN FINDINGS OP FACT, CONCLUSIONS OF LAW ANU DECISION & ORDER
CASE NO(S). AZ-13-008, RZ-13.008, PP-13-013, PP-13-014 & MDA-13-015
-1-
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-SA.
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
Planning Department, the Public Works Department and any affected party requesting notice.
That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of November 26, 2013, 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-SA 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 annexation, rezone, preliminary plat and development agreement
modification is hereby approved per the conditions of approval in the attached Staff Report for
the hearing date of November 26, 2013, 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 11-6B-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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-13-008, RZ-13-008, PP-13-013, PP-13-014 & MDA-13-O15
-2-
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11-SB-3D).
A modification to the development agreement may be initiated prior to signature of the
agreetent 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 two (2) year approval period
(UDC 11-SB-3F).
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 maybe 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 properly which maybe 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 November 26, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OP LAW AND DECISION & ORDER
CASE NO(S). AZ-13-008, RZ-13-008, PP-I3-013, PP-13-014 & MDA-13.015
-3-
By action of the City Council at its regular meeting held on the ~~\i~_ day of ~ ,
2013.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
Attest:
City Clerk
Copy served upon Applicant, The
Mayor Ta}+fmb/de Weerd
~sF3`n^[.c~~
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\ IDPHD
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VOTED
VOTED,~ / /~
VOTED I~
~~
VOTED
Public Works Department and City Attorney.
B : Dated: ~a' I $~' 13
pity Cl rk's 0 Ice •, ~~
~_
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-13.008, RZ-13-008, PP-13-013, PP-13.014 & MDA-13-015
-4-
EXHIBIT A
STAFF REPORT (~,~E IDIAN~--
Hearing Date: November 26, 2013 ~-
IDAHO
TO: Mayor and City Council
FROM: Bil] Parsons, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Oaks North and South Subdivisions -AZ-13-008; RZ-13-008; PP-13-013; PP-
13-014; and MDA-13-015
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Coleman Homes, LLC, has requested approval for the following applications:
I) Oaks North:
Rezone of approximately 298.33 acres from the R-4, R-8 and R-15 zoning districts to the R-4
(160.06 acres), R-8 (104.56 acres), and R-15 (33.71 acres) zoning districts
Preliminary plat (PP) approval consisting of 653 single family lots, 3multi-family lots, 40
common lots and 1 other lot on approximately 252.12 acres in the R-4, R-8 and R-15 zoning
districts;
2) Oaks South:
Annexation of approximately103.04 acres from the RUT zoning district in Ada County to the R-4
(Medium-low Density Residential) and R-8 (Medium Density Residential) zoning districts
Rezone of approximately 33.08 acres from the R-8 (Medium Density Residential) and R-15
(Medium-high Density Residential) zoning districts to the R-4 (Medium-low Density Residential)
(1.77 acres), R-8 (Medium Density Residential) (7.43 acres), R-15 (Medium-high Density
Residential) (18.34 acres) and L-O (Limited Office) (5.54 acres) zoning districts
Preliminary plat (PP) approval consisting of 310 single family lots, lmulti-family lot, 6 office
lots, I park lot, 2 other lots and 33 common lots on approximately 135.93 acres in a the R-4, R-8,
R-1 S and L-O zoning districts.
3) Development Agreement modification to replace recorded Oakcreek DA (Inst. #109009629) with
new development agreement for the Oaks Nor[h and Oaks South Subdivisions.
See Section LY of the staff report for rnore information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ, RZ, PP and MDA applications in accord with the
conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Plannine and Zonine Commission heard these items on October 17, 2013. At the
nublic hearine. the Commission voted to recommend annroval of the subject AZ, RZ, PP and
MDA requests.
a. Summary of Commission Public Hearine:
i. In favor: Terri and Dale Bentley tNeutraD, Becky McKay
ii. In oaaosition: None
Oaks North and South Subdivisions - AZ-13-008; RZ-13-008; PP-13-013; PP-13-014 and MDA-13-015
PAGE 1
EXHIBIT A
iii. Commenting: None
iv. Written testimonv: Becky McKay, applicanNs representative and Scott Norivuki
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Kev Issue(s) of Discussion by Commission:
i. The primary purpose of the outdoor storage facility.
ii. Dedication of a neighborhood park.
iii. Re-alignment of W. Octavio Drive.
iv. Clarification on the future amenities for the Oaks North proiect.
c. Kev Commission Chance(s) to Staff Recommendation:
i. Per the memo from Bruce Freckleton, the Commission amended condition 2.1.3 (see
Exhibit B).
ii. At the public hearing. the applicant clarified code compliant fencing would be installed
with each development phase and additional amenities ipcluding tot lots, sitting areas.
sports courts and walking path signace would be provided with the Oaks North
Subdivision (see Exhibit B).
d. Outstanding Issue(s) for Citv Council:
i. The Commission forwarded on a recommendation that the developer re-design the
any redesign occurs.
fl, pmmarv of City Cnnncil Public Hearing:
L In favor: Reckv McKay
1L In onnosition: None
ju, ommentinc: Scott Norivuki and Thomas Coleman
iY, Written testimonv: Becky McKay
y, Staff presenting application: Bill Parsons
YL Other staff commenting nn annlicatinn: Ted Baird
I2. Kev Issues of Discussion by Council:
L Dedication of the WARD nark.
!L The timinn for the constrnetion of the sphdivicion amenities.
I1L Clarification nn the use of the storage facility.
jy, C:rocc a cc h tw n th ofti _ lots in th Oaks Sn nth S ~bdivisinn.
y, Impact fee credits annlving towards the fire station lot.
yj, otifving potential home hovers of the future multi-family develnn
.C. Kev Cnnncil Chances to Staff/Commission Recommendation (see Exhibit Rl
L Cnnncil modified DA nrnvision A to read with materialsaud_architectural features to he
the same or hither anglify as in the submitted elevations.
]L council modified DA provision C to read the fire station- of is eligible fur impact fee
credits as allowed by law.
iii. Council modified DA nrovisinn E to coordinate -with the City of Meridian Parks
cannot develop the Dark.
LY. ouncil modified DA provision J to read preserve rather than deed.
y, n m it d 1 fed DA nrnvision K removing the reau'remen_t for the dedication of a City
neighborhood nark.
Oaks North and South Subdivisions-AZ-13-008; RZ-13-008; PP-13-013; PP-13.014 and MDA-13.015
PAGE2
EXHIBIT A
~y Conncil modified condition 1.2.5 to read coordinate with adjacent nronerty owner to the
east nn the reali¢nment of W. Octavia Drive.
Y1L Council deleted conditions of annroval 1.2.R and 1.3.8.
viii ouncil added a DA nrovision reauirinQ the developer notify homeowners of the future
multi-family developments in both developments.
7X. Conncil added a DA nrnvision addrescin>r the timing of the amenities for the itronosed
d v lei, on~ent~.
g, Council added a DA nrovision reauirinQ cross access betweerLthe_office lots of the Oaks
South Subdivision.
III, PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-13-
008; RZ-13-008; PP-13-013; PP-13-014 and MDA-13-015 (optional) as presented in the staff report
for the hearing date of November 26, 2013, with the following modifications: (Add any proposed
modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-13-008;
RZ-13-008; PP-13-013; PP-13-014 and MDA-13-015 (optional), as presented during the hearing on
November 26, 2013, for the following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Numbers AZ-13-008; RZ-13-008; PP-13-013; PP-13-014 and MDA-13-015
(optional) to the hearing date of (insert continued hearing date here) for the following reason(s): (You
should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
Oaks North: The site is located on the north side of W. McMillan Road between N. McDermott
Road and N. Black Cat Road in the S %: of Section 28, Township 4N, Range 1 W. (Parcel #'s:
50428143240; 50428131610; S0428420000; SO428314850; 50428336900; S0428336600;
S0428336400 and 50428336025)
Oaks South: The site is located on the south side of W. McMillan Road between N. McDermott
Road and N. Black Cat Road in the N %z of Section 33, Township 4N, Range IW. (Parcel #'s:
50433223000;S0433212400;50433120750)
B. Applicant/Owner(s):
Coleman Homes, LLC
1859 S. Topaz Way, Ste. 200
Meridian, Idaho 83642
C. Representative:
Becky McKay, Engineering Solutions, LLP
1029 N. Rosario Street, Ste. 100
Meridian, ID 83642
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
Oaks North and South Subdivisions- AZ-13.008; RZ-13-008; PP-13.013; PP-13-014 and MDA-13.015
PAGE3
EXHIBIT A
A. The subject application is for an annexation, rezone, preliminary plat and development agreement
modification. A public hearing is required before the Planning and Zoning Commission and City
Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: September 2, and 16, 2013(Commission); November 4,
and 18, 2013 (Council)
C. Radius notices mailed to properties within 300 feet on: August 22, 2013 (Commission); October
31, 2013 (Council)
D. Applicant posted notice on site(s) on: September 8, 2013 (Commission); November 15, 2013
Council
VI. LAND USE
A. Existing Land Use(s) and Zoning: The properties are currently being farmed and consist of
several single family residences and outbuildings, zoned RUT, R-4, R-8 and R-15.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: County residences and agriculture, zoned RUT (Ada County)
2. East: Bainbridge Subdivision, county residences and agriculture, zoned R-8 and RUT
3. South: County residences and agriculture, zoned RUT
4. West: County residences and agriculture, zoned RUT
C. History of Previous Actions: In 2008, a majority of the subject property received annexation (AZ-
08-004) approval for a mixed use residential development. Since a majority of the property was
not serviceable the applicant obtained approval to subdivide 30.72 acres (PP-08-003) and the
remainder of the property was subject to a concept plan tied to the recorded development
agreement (instrument # 109009629). The preliminary plat consisted of 139 residential lots and
21 common lots, located on the southwest comer of McMillan and Black Cat Roads. Subsequent
final plats (FP-09-001, FP-11-013 and FP-13-029) have been approved and the third and final
phase of the previously approved preliminary plat for Oakcreek Subdivision is currently under
construction.
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer service to this development is master planned to flow
to the future Can Ada Regional Lift Station. The applicant has proposed a conceptual
plan for their construction of a temporary lift station to serve the Oaks Development. The
Public Works Department has agreed in concept to this service arrangement.
b. Location of water: Water service to this development is master planned to come from
mains that would need to be constructed from existing mains in Black Cat Road as well
as McMillan Road. The applicant will be dedicating a site for a new municipal well to
provide additional service to the area.
c. Issues or concerns: The timing of the constmction of the municipal well can take as
much as three-years. Because of the complex nature of water delivery in this area, each
phase of the development will require modeling analysis. Results of this modeling may
necessitate additional water main connections to ensure fire flow needs are met.
E. Physical Features:
I. Canals/Ditches Irrigation: The Creason Lateral and various other waterways transverse the
Oaks North and South Subdivisions- AZ-13-008; RZ-13-008; PP-13-013; PP-13-D14 and MDA-13-O] 5
PAGE 4
EXHIBIT A
Oaks North Subdivision and are being tiled with the subject plat application.
The Five Mile Creek and the Lemp Cana traverse across the Oaks South Subdivision
property. The applicant is requesting a Council waiver to leave the Lemp Cana[ open due to
the size of the facility. The Five Mile Creek is a natural waterway and will also remain open
as envisioned by the comprehensive plan (see section 7 for analysis).
2. Hazards: Staff is not aware of any hazards that exist on these properties.
3. Flood Plain: The south boundary of the Oaks South Subdivision (adjacent to the Five Mile
Creek) is impacted by the flood plain.
F. Summary of Proposed Streets and/or Access: The applicant is proposing to construct numerous
public streets and several stub streets as part of this project (see section 9 for analysis).
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The Oaks North property is designated "Medium Density Residential" (MDR) on the future land use
map. The Oaks South property includes both "Medium Density Residential" and "Office"
designations on the Comprehensive Plan Future Land Use Map (FLUM).
The MDR designation allows smaller lots for residential purposes within City limits. Uses may
include single-family homes at densities of 3 to 8 dwelling units per acre. Office designations are
meant to provide opportunities for low-impact business areas. Sample uses include office, technology
and resource centers and ancillary commercial uses if part of a larger business park area.
The Oaks North plat consists of 653 single-family residential building lots at a gross density of 3.03
dwelling units per acre which is at the low end of the desired density in MDR designated area. The
applicant is also proposing to plat three (3)multi-family lots which depict a gross density of 12.33
dwelling units to the acre.
The Oaks South plat consists of 310 single family residential building lots at a gross density of 2.95
dwelling units per acre which also falls slightly under the desired density in MDR designated area.
The applicant is also proposing to plat amulti-family lot in this area which depicts a desired gross
density of 13.21 dwelling units to acre.
The gross density of the multi-family lots will be analyzed when actual development is proposed.
Since the proposed developments are adjacent to rural properties, staff is ofthe opinion the proposed
density is appropriate in this area and compatible with adjacent uses.
As mentioned above, an Office land use designation is shown on the FLUM near the mid-mile on the
south side of McMillan Road. Since land uses are not parcel specific, the applicant is requesting to
"float" the office designation approximately '/a mile to the west of the existing designation to plat six
(6) office lots. (One of the proposed office lots may development with a future fire station to serve
this area of Meridian.) The applicant has also oriented the proposed office lots along the future
collector system, a future neighborhood park and a future multi-family development to ensure low
impact professional services can be provided in the area to support the residential development.
Because the neighborhood office park is a component of the proposed plat and may provide the
neighborhood services (i.e. daycare center, professional and personal service and medical offices) for
the area, staff is of the opinion that the requested L-O zone and shift of the office destination to the
west is consistent with the comprehensive plan.
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to
the proposed development of these properties (staff analysis in italics; comp, plan reference in
parenthesis):
Oaks North and South Subdivisions- AZ-13.008; I2Z-13.008; PP-13.013; PP-13-Ot4 and MDA-13-015
PAGE 5
EXHIBIT A
• "Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities." (3.07.01 E)
The applicant is proposing to develop a mixed use residential development consisting of
primarily low and medi:zm-density single family and multi family units consistent with this
goal.
• "Provide housing options close to employment and shopping centers." (3.07.02D)
The proposed development will provide housing opportunities In close proximity to a
proposed Walmart and an existing shopping center at the northeast corner of Chinden
Boulevard and Linder Road. Fzzture employment zrses are planned a mile east of the proposed
subdivisions.
• "Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc." (3.05.0X)
Street buffer landscaping is required adjacent to N. Black Cat Road, N. McDermott Road, W.
McMillan Road, W. Quintale Drive, N. Aldrich Avenue, N. Rustic Oak Way, N. Fawnridge
Way, W. Daphine Street and W. Octavo Drive in accord with the standards listed in UDC Il-
3B-7C as shown on the landscape plan. Separate permits shall be obtained for signage and
fencing in compliance with the standards listed in UDC 11-3D-5 and 11-3A-7 respectively.
• "Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.O1F)
The only developed property in the area is the Oakereek Subdivision located at the southwest
corner of McMillan Road and Black Cat Road. The remainder of the area is primarily being
farmed and includes rural residential land uses. The proposed project will certainly change
the dynamic on the fringe, from rural to urban. However much of the area is designated
medium density on the FLUMand staffanticipates similar densities developing on the
adjacent properties in the future. Additionally, the proposed subdivisions are developing at
the lower end ofthe density spectrum for medium density developments and are compatible
with the existing land uses in this area.
"Require common area in all subdivisions." (3.07.02F)
The applicant is required to provide a minimum of 10% quafified open space for each of the
proposed plats as set forth in UDC 11-3G-3. The Oaks North plat depicts plats 10.72% (or
27.03 acres) ofqualified open space and the Oaks South plat depicts 15.15% (or• 20.59 acres)
ofqualified open space. The proposed subdivisions are in compliance with the common area
requirement.
• "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City:' (3.OI.O1F)
City services are required to be extended to the properties upon development in accord with
UDC Il -3A-21. The applicant is proposing to dedicate a well lot and a lift station lot with the
development of the Oaks South Subdivision. In order to sewer the property, the applicant
must design and install a lift station. The timing and segzzence for the installation of these
improvements will be dictated by the Public Works Department. All other urban services can
or will be provided to the property.
• "Require street connections between subdivisions at regular intervals to enhance connectivity
and better traffic flow." (3.03.03C)
Oaks North and South Subdivisions- AZ-13-008; RZ-13-008; PP-13-013; PP-13-OI4 and MUA-13-015
PAGE6
EXHIBIT A
Between the two subdivisions, the applicant is proposing multiple street and pedestrian
connections. ACHD is currently analyzing the traffic study for this development to determine
the impacts to the existing roadways and what improvements will be required with the
development of the subdivisions. ACHD has indicated via an email that they do not have any
issues with the proposed plat layouts and connectivity. However, the staffreport from ACHD
was not available at the time this report went to print. Per the Master Street Map (MSzYJ), the
applicant is providing the required collector slreet network.
With the development of the Oaks North plat, the applicant is propostngfour (4) stub streets
to the north, two (2) stzzb streets to the south and one (1) stub to the west and three (3) stub
streets to the east for future connectivity. Staff has been working with the applicant and the
adjacent property owner to the eas! on the realignment of the collector street (W. Octavo
Drive) stzzbbed at the east boundary. Per our discussions the applicant has agreed to shift the
stub street to the north to align with the collector street approved with the Volterra North
Subdivision located on the east side of Black Cat Road. The alignment and construction of
this roadway will occur with the final plat.
With the development of the Oaks South plat, the applicant is proposing to stub the collector
slreet Jo the south and will be extending two stub streets constructed with the Oakcreek
Szbdivision to the east.
Staff is recommending some additional streets and pedestrian connectivity to enhance
internal connectivity and enhance traffic Jlow; staff is supportive of the proposed roadway
network including stub streets and collector street network, as amended, for the development.
• "Provide a walkable community through good design." (2.OLOlA)
See analysis in the bullet point below.
• "Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system." (3.03.03B)
The applicant has submitted an overall pathway plan proposed with the subdivisions,
attached as Exhibit A.4. The proposed pathway system is a combination of proposed multi-
use pathways, open space pathways and micropaths. Where the pathways terminate (stub),
the abzztting properties will have the opportunity to extend the pathways into the adjacent
developmen! fzzrther enhancing connectivity in the future. Staff ftnds the proposed pathway
plan/networkprornotes neighborhood connectivity and links the two subdivisions together.
• "Require screening and buffering of commercial and industrial properties to residential use
with transitional zoning." (3.06.01 G).
With the Oaks North plat, the applicant is proposing accessory outdoor storage, multi family
bzildings and a 60 foot wide landscape buffer adjacent to the northwest corner of the
property (Lot 1, Block 4) to provide a transition between the single family homes and future
HWY 16.
With the Oaks South plat, the applicant is proposing a neighborhood park, future multi-
family buildings and an office park to provide a transition between the single family homes
and future HWY 16.
• "Reduce the number of existing access points onto arterial streets by using methods such as
cross access agreements, access management and frontage/backage roads: ' (3.03.02N)
Oaks North and South Subdivisions- AZ-13-008; RZ-13.008; PP-13-013; PP-13-014 and MDA-13-015
PAGH7
EXHIBIT A
The office portion of the development abuts collector streets. A requirement of the UDC
requires limited access on such roadways. With the platting of the office lots the applicant
should limit the number of accesses to the office lots through across-access agreement.
As rnentioned above, the applicant is providing a collector street network consistent with the
MSM. The proposed collector streets for both subdivisions tie into McMillan Road, an
arterial roadway and provide future connectivity to adjacent properties consistent with the
UDC. Further, ITD has completed the HWY 16 alignment shrdy and the existing McDermott
Road will become a backage road in the futw•e. The applicant is also reserving the necessary
ITD right-of-way for the construction of a future McDermott Road overpass.
• "Support acquisition and development of new park land to meet the growing open space and
recreational needs ofthe community. "(2.01.04D)
The comprehensive plan designates a future park in both sections proposed for development.
In the Oaks South plat, the applicant is donating a 5.69 acres park to Western Ada
Recreation District (WARD). The Parks Department has agreed that this proposed park will
serve as the required neighborhood parkin this section.
A f rture park site is also designated on the Oaks North property. The submitted plat depicts a
private 5.7] acre neighba•hood park, as a private amenity. The applicant is not proposing to
dedicate any acreage for a future City park. The Parks Department is requesting the
applicant participate in the dedication of a neighborhood park as previously discussed,
consistent with the Comp Plan and Parks Action Plan.
• "Expand, improve, and maintain the City's infrastructure to meet existing and growing
demands in a timely, orderly, and logical manner." (3.04.00)
The applicant is dedicating a well lot and lift station lotto the City as part of the development
process. These lots will be developed with the necessary infrastructure to meet the existing
and growing demands in the area.
• "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and
Jackson and Evans drainages) t}uoughout commercial, industrial and residential areas."
(S.O1.OlE)
The Five Mile Creek is proposed to be improved as an amenity with a 14 foot wide
pedestrian pathway.
• "Assess and provide new water sources." (5.08.02B)
The future City well will provide a much needed water source in this area of the City for
future residents.
• "Work with transportation agencies and private property owners to preserve transportation
corridors, future transit routes and infrastructure, road and highway extensions and to
facilitate access management planning." (3.OlO1J)
The applicant has been in communication with ITD regarding the preservation of the right-
of--way for the McDermott Road overpass and the future SH-16 extension. Per those
discussions, the applicant is platting two (2) common lots; Lot 2, Block 1 of Oaks North and
Lot 5, Block 16 of Oaks South for thefuture overpass eonsh•uction.
For the above stated reasons, staff finds the proposed project is consistent with the goals and
objectives in the Comprehensive Plan.
Oaks North and South Subdivisions- AZ-13-008; RZ-13.008; PP-13-013; PP-13-014 and MDA-13-015
PAGE 8
EXHIBIT A
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of the Zone(s):
COMMERCIAL DISTRICTS (L-O): -The purpose of the Commercial Districts is to provide for
the retail and service needs of the community in accord with the Meridian Comprehensive Plan.
Six districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and mix of allowed commercial uses, and the location of
the district in proximity to streets and highways.
RESIDENTIAL DISTRICTS (R-4, R-8 and R-15): -The purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
B. Schedule of Use: Table 11-2B-21ists the principal permitted (P), accessory (A), conditional (C),
and prohibited (-) uses in the L-O zoning district. Table 1 ]-2A-21ists the principal permitted (P),
accessory (A), conditional (C), and prohibited (-) uses in the R-4, R-8 and R-15 zoning districts.
Any use not explicitly listed, or listed as a prohibited use is prohibited.
C. Dimensional Standards: The lots in the proposed preliminary plats appear to conform to the
dimensional standards of the applicable districts. Development of the site shall comply with the
dimensional standards listed in UDC 11-2B-3, UDC 11-2A-5, UDC 11-2A-6 and UDC 1 I-2A-7
for the L-O, R-4, R-8 and R-15 zoning districts.
D. Landscaping:
• Street buffer landscaping shall be installed in accordance with the standards listed in UDC
Tabled 1-2B-3, UDC I 1-2A-5 and UDC 11-2A-6 and UDC 11-3B-7C for the C-C, R-4 and
R-8 zoning districts.
• Parking lot landscaping: All parking ]ot landscaping shall comply with the standards listed in
UDC 11-3B-8C.
• Landscape buffers to residential uses shall comply with the standards listed in UDC Table 11-
2B-3 and UDC 11-3B-9C.
• The proposed micropaths and pathways shall comply with the design standards in accord with
UDC I1-3A-8 and UDC 11-3B-12.
• The parkways planned along the proposed local streets are required to comply with the design
standards outlined in UDC I1-3A-17 and UDC 11-3B-7C.
• Per UDC 11-3G-3, both plats are required to provide 10 percent open space and one amenity
for every 20 acres of development area.
E. Subdivision Design and Improvement Standards: The subdivision must comply with the
subdivision design standards outlined in UDC 11-6C-3.
F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings and UDC 11-3C-6B for the office lots.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Development Agreement Modification (MDA)
Oaks North and South Subdivisions- AZ-t3-008;12Z-13-008; PP-13-013; PP-13-014 and MDA-13-015
PAGE9
EXHIBIT A
At the time of annexation approval in 2008, specific development plans were not approved for the
subject properties, except for 30.72 acres which is now platted as the Oakcreek Subdivision. A
concept plan was approved that depicted multi-family development, single family residential lots,
open space, site amenities and conceptual home elevations.
Since 2008, the property owner has acquired additional acreage and is proposing to subdivide all
remaining acreage (approximately 388 acres). The design of the proposed subdivisions are
different from the approved concept plan and includes the additional acreage requested for
annexation. In order to move forward with the plats as designed, the applicant must amend the
recorded development agreernent.
Because many of the DA provisions are tied to the 2008 submitted concept plan and actual
development plans are now proposed, staff is recommending replacing the existing Oakcreek DA
with a new DA relevant to the proposed Oaks North and Oaks South Subdivisions. (see Exhibit B
for the list of recommended DA provisions)
NOTE.• The Oakcreek Subdivision is subject to terms of the existing, recorded DA. Because the
last phase is under construction and the plat is subject to comply with site spec j7c conditions and
many ofthe DA provisions pertain to the concept plan, staff is amenable to omitting the Oakcreek
Subdivision from the provisions ofthe recorded DA.
Oaks North Subdivision
Rezone (RZ)
The applicant has applied to rezone approximately 298.33 acres from R-4, R-8 and R-15 zoning
districts to the R-4 (160.06 acres), R-8 (104.56 acres), R-15 (33.71 acres) zoning districts. At the
time the property was annexed in 2008, the zoning districts followed the boundaries of the
submitted concept plan. Now that specific development plans are proposed for the property, the
applicant is requesting the rezone to align the zoning boundaries with the proposed plat layout.
The requested zoning changes are consistent with the zoning districts approved with the
annexation of the property. The proposed zoning is also consistent with the corresponding FLUM
designations for this area.
Preliminary Plat (PP)
The applicant has applied to subdivide 653 single family lots, 3multi-family lots, 40 common
lots and 1 other lot on approximately 252.12 acres in the proposed R-4, R-8 and R-15 zoning
districts. The minimum lot size proposed with the single family portion of the plat is 5,000 square
feet and the average lot size is 10,025 square feet. The three (3) multi-family lots range in size
from 2.69 acres up to13,88 acres.
The gross density for the proposed subdivision is 3.03 dwelling units to the acre. The applicant
has provided an anticipated density for the multi-family developments of 12.33 dwelling units to
the acre however; the gross density of the multi-family lots will be determined with the submittal
of a conditional use permit application. Since development is not proposed for the multi-family
lots, staff recommends a DA provision requiring the lots to development at a density range
between 8 to 15 dwelling units to the acre.
The proposed mini-storage lot is 7.83 acres. The applicant has communicated with the Idaho
Transportation Department (ITD) on the future right-of--way needed for the McDermott Road
overpass. Per those conversations, the applicant is proposing a common lot along the south
boundazy of the mini-storage lot (Lot 2, Block 1) as a place holder until the overpass is
constructed. Once the common lot is platted, the applicant should deed the necessary property to
ITD.
Oaks North and South Subdivisions- AZ-13-008; RZ-13-008; PP-13-013; PP-13-014 and MDA-13-015
PAGE 10
EXHIBIT A
The applicant should be advised that the proposed mini-storage is an accessory use in the R-IS
district and must be for the benefit of the proposed residential developments; not operate as a
stand-alone commercial business. Development of this lot must not commence until the applicant
obtains certificate of zoning compliance and design review approval of the storage facility.
Dimensional Standards: All of the proposed lots must comply with the dimensional standards
established in the UDC Il-2A-5, UDC ll-2A-6, and UDC 11-2A-7. The Oaks North plat
complies with the frontage requirements and minimum lot sizes of the UDC.
Phasing Plan: The applicant is proposing to develop the Oaks North in twenty-two (22)
development phases. Phases 1-10 are to commence off the main entrance to McMillan Road and
generally consume the east and central portion of the development. The later phases start along
the north boundary and transition to the west. In general staff is supportive of the proposed
phasing plan however, the applicant should be aware that any phase of the subdivision that
exceeds fifty (50) homes must provide secondary access per the Fire Department.
NOTE.• For phasing purposes, the plats will be viewed as one overall project. This is a
recanmended provision in the DA.
Block Length: UDC I1-6C-3 regulates block lengths for residential subdivisions. Staff has
reviewed the submitted plat for conformance with these regulations. The intent of this section of
code is to ensure block lengths measure 750 feet with the allowance of an increase in block length
to1000 feet if a pedestrian connection is provided. The Council has the discretion to allow a block
length up to 1200 feet if the block is impacted by a large water way, limited access roadway,
and/or an arterial street.
A majority of the blocks fall within the stated parameters noted above however; there are a few
blocks that must be modified as follows:
I) Block 21 has a block length of 1,000 linear feet and does not meet the requirements for
Council to approve the extended block length as stated above. The applicant must provide an
intersecting street;
2) Block 11 and 22 have block lengths in excessive of 750 linear feet. The applicant must
provide a pedestrian connection in this block.
With the inclusion of the changes recommended by staff, the proposed plat would comply with
the subdivision design standards set forth in UDC 11-6C-3. Prior to the City Council hearing,
the applicant should revise plat with the aforementioned changes (see Exhibit A.2).
Street Network: With the development of the Oaks North, the applicant is proposing four (4)
stub streets to the north, two (2) stub streets to the south and one (1) stub to the west and three (3)
stub streets to the east for future connectivity. The proposed development also includes the
construction of multiple local streets to provide access and connectivity within the proposed
development. Staff is requesting additional street and pedestrian connectivity as noted above in
the Block Length section.
ACHD's Master Street Map (MSM) depicts a collector street at the mid-mile of W. McMillan
Road and an east-west collector street that connects to Black Cat in alignment with the collector
street approved with the Volterra Subdivision. The submitted plat depicts a collector street system
(N. Rustic Oak Way and W. Octavio Drive) that extends/stubs to the north boundary and the east
boundary consistent with the approved MSM. Staff has been working with the applicant and the
adjacent property owner to the east on the realignment of the collector street (W. Octavo Drive)
stubbed at the east boundary. Per these discussions the applicant has agreed to shift the stub street
to the north to align with the collector street approved with the Volterra North Subdivision
Oaks North and South Subdivisions-AZ-13-008; I2Z-13-008; PP-13-013; PP-13-014 and MDA-13.015
PAGE 11
EXHIBIT A
located on the east side of Black Cat Road. Prior to City Council, the applicant should revise the
plat and show the realignment of W. Octavio Drive.
The submitted plat depicts a temporary access point to N. Black Cat Road with the development
of Lot 1, Block 33 (NEC of the development). The note on the plat states the temporary access
will be closed upon development of the parcel to the south. Since this lot is proposed to plat with
a later phase of development (Phase 21) and the applicant is coordinating with the adjacent
property owner for the realignment of the collector street, staff is supportive of the temporary
access until the parcel to the south develops. It is important to note that staff has discussed the
development of the adjacent parcels and anticipates the collector street being constructed prior to
Phase 21 of the final plat recording.
As mentioned below, the Parks Department is requesting the applicant dedicate a future park site
or a portion thereof towards a park. It was discussed the northeast corner of development (Lot 12,
Block 22 and Lot 1, Block 33) would be an ideal location location for the park site. Prior to City
Council the applicant should revise the plat to incorporate a neighborhood park in the northeast
quadrant of the development (see future park site analysis below). This may have a direct bearing
on the temporary access to N. Black Cat Road.
A pair of collector streets (W. Daphne Drive and N. Aldrich Way) are also proposed to funnel
traffic around the future HWY ]6 overpass and provide connectivity to the north leg of
McDermott Road.
A traffic impact study has been accepted and reviewed by ACRD. However comments have not
yet been received from ACHD on this application. ACHD has sent staff an email stated there
were no concerns with the plat layout. In general, City Staff is supportive of the street network
proposed with the submitted plat, but final review and approval comments are still needed from
ACHD.
Future Park Site: A future park site is designated on the Oaks North property. The submitted
plat depicts a private 5.71 acre neighborhood park, as a private amenity. The applicant is not
proposing to dedicate any acreage for a future City park. The Parks Department is requesting
the applicant participate in the dedication of a neighborhood park. A recommended
provision of the new DA requires the applicant dedicate acreage towards a neighborhood
park per the Parks Department. Staff advises the applicant coordinate with the Parks
Department on the location of the park site prior to the Commission hearing.
Multi-use Pathway: Per the Master Pathways Plan, the applicant is proposing to construct a 10-
foot wide multi-use pathway on the east side of N. Rustic Oak Way and the south boundary of W.
Octavio Drive. Staff is supportive of these pathways.
Micropaths: The applicant is proposing multiple pedestrian connections throughout the
development. In reviewing the submitted plan all of the micropath lots and pedestrian connections
comply with the standards set forth in UDC 11-3A-8 and UDC 11-3B-12.
Landscaping Requirements:
Open Space/Amenities: UDC 11-3G-3 requires a minimum of ten percent open space for all
residential developments exceeding five acres. The UDC also requires one additional site amenity
for each additional 20 acres of development area. Using this standard, the applicant is required to
provide a total of twelve (12) amenities for a development of this size (239 acres).
The applicant is proposing 27.03 acres of common open space with this development which
equals approximately 11.3% of the total development area. Qualifying open space includes, a
5.71 acre park, 50% of the arterial street buffers, collector street buffers, micropath lots, 8-foot
parkways adjacent to the local streets and several pocket parks in various sizes.
Oaks North and South Subdivisions- AZ-13-008; RZ-13-008; PP-13.013; PP-13-014 and MDA-13-015
PAGE 12
EXHIBIT A
The proposed amenities include the following:
1) pool
2) children's play structure
3) integrated pathway system
4) bocce ball court
5) extension of the Meridian Pathway system
6) covered picnic area and
7) picnic areas with bazbeques in two (2) of the pocket parks.
Based on the analysis above, the applicant is deficient four (4) amenities. During the
Commission hearing the applicant shall clarify the four (4) other amenities proposed for the
Oaks North Subdivision.
Arterials: UDC 11-2A-5, UDC 11-2A-6, and UDC 11-2A-7 require a 25-foot wide street buffer
along McMillan Road and Black Cat Road; McDermott Road is designated an entry way corridor
which requires a 35-foot wide landscape buffer. On the submitted landscape plan, the applicant
complies with the aforementioned buffer widths along theses roadways. Said buffers shall be
constructed as proposed in accord with the standards outlined in UDCI ]-3A-7C.
The UDC requires all residential street buffers to be in common lots maintained by the
homeowners association. The submitted plat depicts the buffers as common lots as required.
Collector Streets: UDC 11-2A-5, UDC 11-2A-6, and UDC 11-2A-7 require a 20-foot wide street
buffer along N. Rustic Oak Way, W. Octavia Drive, N. Aldrich Way and a portion of W. Daphne
Way. On the submitted landscape plan, the applicant is proposing buffers that meet or exceed the
required 20-foot width. Said buffers shall be constructed as proposed in accord with the standards
outlined in UDCl 1-3A-7C.
If the unimproved street right-of--way along McMillan, Black Cat, and McDermott is 10 feet or
greater from the edge of pavement to edge of sidewalk or property line, and the street widening
project is not in the transportation authority's five year funded plan, the developer is required to
maintain a 10-foot wide compacted gravel shoulder meeting the construction standards of the
transportation authority and landscape the remainder with lawn or other vegetative ground cover
in accord with UDC I1-3B-7C.5.
Fencing: No fencing is shown on the submitted plans; the applicant should clarify at the
public hearing if permanent perimeter fencing is proposed. A detailed fencing plan should be
submitted upon application for final plat approval. If permanent fencing is not provided before
issuance of a building permit, temporary construction fencing to contain debris must be installed
around the perimeter. Perimeter and common open space fencing must be designed as set forth in
UDC I1-3A-7.
Irrigation Easements: A 30-foot irrigation easement runs along the reaz yards of Lots 8-] 0,
Block 30, Lots 8-I1, Block 27 and Lots 21-23, Block 21.
Because these are larger lots, staff is of the opinion the lots can accommodate the proposed
homes. However, the applicant must obtain a license agreement from the irrigation district to
develop the easement area with fencing and landscaping. If an access road across the buildable
lots in the form of a gravel road is required and a portion of the property cannot be customized by
the home owners, staff recommends the applicant place the easement in a common lot to be
maintained by the HOA.
Oaks North and South Subdivisions- AZ-13-008; ItZ-13.008; PP-13-O13; PP-13-014 and MDA-13-015
PAGE 13
EXHIBIT A
Existing Trees: There are existing trees on the properly that may need to be removed with the
development of the property. The applicant should protect all existing trees on the site that are
greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-
10, mitigation is required for all existing healthy trees 4-inch caliper or greater that are removed
from the site with equal replacement of the total calipers lost on site up to an amount of 100%
replacement. Wilk the submittal of the final plat the applicant should submit a revised
landscape plan that details the mitigation plan outlined by the developer and the City
Arborist.
Parizvays: 8-foot wide parkways are proposed adjacent to the internal local streets and several
center medians are proposed within W. Daphne Street and N. Rustic Oak Way. The parkways and
the center medians must comply with the standards set forth in UDC 11-3A-17 and UDC 11-3B-
7C.
Sidewalks: Sidewalks are required along al(public streets. 5-foot wide detached sidewalks are
required adjacent to all of streets as proposed.
Ditches, Laterals, and Canals: The Creason Lateral and numerous small drains transverse this
property. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural
waterways and waterways being used as amenities, which intersect, cross or lie within the area
being subdivided should be covered.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The Applicant should be required to utilize any existing
surface or well water for the primary source. If a surface or well source is not available, asingle-
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 development plan. An underground, pressurized irrigation system should be installed to
all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and
MCC 9-I-28,
Existing Structures: The subject property is currently being framed and numerous homes and
outbuildings are being rented as part of the farming operations. The submitted Oaks North plat
indicates the existing structures will be removed upon development of the site. Staff is amenable
to the existing structures remaining as long as the property is being fanned. Once the applicant
submits a final plat that contains the boundary of any of the existing structures, the applicant must
remove the structures prior to City Engineer's signature on a final plat.
Building Elevations: The applicant has submitted conceptual building elevations for the future
homes in this development, included in Exhibit A.4. These elevations depict a variety of styles
and building materials and are consistent with existing homes constructed in the Oakcreek
Subdivision. Elevations have not been submitted for the multi-family area. A recommended
provision of the DA requires compliance with the submitted elevations.
Oaks South Subdivision
Annexation (AZ)
The applicant is requesting to annex approximately103.04 acres from the RUT zoning district in
Ada County to the R-4 (Medium-low Density Residential) and R-8 (Medium Density Residential)
zoning districts. The annexation legal description and exhibit map submitted by the applicant,
included in Exhibit C, shows the boundary of the property proposed to be annexed and zoned
contiguous to the existing boundary of the City of Meridian and within the approved Area of City
Impact boundary.
Rezone (RZ)
Oaks North and South Subdivisions-AZ-13-008; RZ-13.OOS; PP-t3-013; PP-13-014 and MDA-13-015
PAGE 14
EXHIBIT A
The applicant has applied to rezone approximately 33.08 acres from the R-8 (Medium Density
Residential) and R-15 (Medium-high Density Residential) zoning districts to the R-4 (Medium-
low Density Residential) (1.77 acres), R-8 (Medium Density Residential) (7.43 acres), R-IS
(Medium-high Density Residential) (1834 acres) and L-O (Limited Office) (5.54 acres) zoning
districts. The rezone is requested so the zoning boundaries correspond with the submitted plat.
The requested zoning changes are generally consistent with the zoning districts approved with the
annexation of the property except for requested L-O zone. As discussed above in Section VII, the
proposed zoning is consistent with the corresponding FLUM designations of MDR and Office for
this area.
Preliminary Plat (PP)
The applicant has applied to subdivide 310 single family lots, lmulti-family lot, 6 office lots, 1
park lot, 2 other lots and 33 common lots on approximately 135.93 acres in the proposed R-4, R-
8, R-15 and L-O zoning districts. The minimum lot size proposed with the single family portion
of the plat is 6,600 square feet and the average lot size is 9,365 square feet. The one (1) multi-
family lot consists of 13.43 acres.
The gross density for the residential portion of the subdivision is 2.95 dwelling units to the acre.
The applicant has also provided an anticipated density for the multi-family developments of 13.21
dwelling units to the acre however; the gross density of the multi-family lots will be determined
with the submittal of a conditional use permit application. Staff is recommending a provision in
the new DA requiring a density range between 8 to 15 units to acre.
The proposed office lots range in size between 20,120 square feet and 64,693 square feet. Lot 1,
Block 16 is being reserved for a future fire station. Additional lots being dedicated to the City will
be a well lot (Lot 23, Block 10) and a lift station lot (Lot 29, Block 10). A provision of the new
DA for this property requires the applicant dedicate these lots to the City. If the applicant wishes
to deed the property to the City prior to recording the final plat, the applicant can process a
property boundary adjustment (PBA) with the City once the property is official annexed.
The applicant is proposing to plat a future park lot (Lot 4, Block 16) to be developed as a Western
Ada Recreation District (WARD) park. The future park will serve as the pazk site as
contemplated with the comprehensive plan. Further, the applicant has been communicated with
the Idaho Transportation Department (ITD) on the future right-of-way needed for the McDermott
Road overpass and the SH-16 Expressway. Per those conversations, the applicant is proposing a
common lot along the north boundary of the future park as place holder until the overpass is
constructed. In the interim the common lot will be landscaped and improved as part of the park.
Once the common lot is platted, the applicant should deed the necessary right-of--way to ITD.
Dimensional Standards: All of the proposed lots must comply with the dimensional standards
established in the UDC I1-2A-5, UDC ] 1-2A-6, and UDC 11-2A-7. The residential portion of
the Oaks South plat complies with the frontage requirements and minimum lot sizes of the UDC.
The office (L-O) portion of the development does not have dimensional standazds. However, the
landscape buffers for the office lots may either be a common lot or a permanent dedicated
landscape easement. The submitted plat does not depict the required 20-foot wide permanent
landscape buffer easement adjacent to N. Aldrich or the north side of Lots 2 and 3, Block 16
adjacent to W. Quintale Drive. With the submittal of a final plat, the 20-foot wide landscape
street buffer easement/lot must be depicted along the office lots.
Block Length: UDC 1 I-6C-3 regulates the block lengths for residential subdivisions. Staff has
reviewed the submitted plat for conformance with these regulations. The intent of this section of
code is to ensure block lengths measure 750 feet with the allowance of an increase in block length
to1000 feet if a pedestrian connection is provided. A majority of the blocks fall within the stated
Oaks North and South Subdivisions-AZ-13-008; RZ-13-008; PP-13.Ot3; PP-13.014 and MDA-]3-015
PAGE 15
EXHIBIT A
parameters however; there is a block face (Block 4) that does not comply with these standards
(the block is approximately 970 feet long). In order to comply with City ordinance, the
applicant must provide a pedestrian connection through Block 4 in accord with UDC Il-
3A-8. With tl7e inclusion of the pedestrian connection, staff finds the proposed plat complies with
the subdivision design standards set forth in UDC I1-6C-3.
Phasing Plan: With the development of the Oaks South, the applicant is proposing nine (9)
development phases. The first phase will commence at the main entrance off of W. McMillan
Road and transition to the east. The reminder of the phases will transition to the northwest
quadrant and end at the southwest corner of the development. With the first phase of development
the applicant is proposing to install the pool complex (Lot 1, Block 4). In general staff is
supportive of the phasing plan, however; the applicant must coordinate with Public Works
Department and the Fire Department regarding the timing for deeding and building the lift station
lot, the well lot and the fire station lot since the platting of these lots occurs in later phases.
Street Network: ACHD's Master Street Map depicts a collector street at the mid-mile of W.
McMillan Road. The submitted plat depicts a collector street (N. Rustic Oak Way) at the mid-
mile and extends/stubs at the south boundary (N. Fawnridge Way) consistent with the approved
map. A second collector street system (W. Quintale Drive and N. Aldrich Way) is proposed to the
west to funnel traffic around the future HWY 16 overpass and provides connectivity to the south
leg of McDermott Road. Two stub streets along the east boundary will be extended and multiple
local streets will be constructed to provide access and connectivity within the proposed
development.
A traffic impact study has been accepted and reviewed by ACRD; however comments have not
yet been received from ACRD on this application. ACHD has sent staff an email stated there
were no concerns with the plat layout. In general City Staff is supportive of the street network
prosed with the submitted plat. However, final comments and conditions are still needed from
ACHD.
Cross-access: With the exception of the fire station lot, the proposed office lots front on a
collector street and access points are not depicted. The fire station lot shows an access to W.
McMillan Road and N. Aldrich Avenue which requires a Council waiver for the proposed access
points. Since cross-access in not proposed for the remainder of the office lots, the applicant must
request a Council waiver for the office lots to take access from the collector street in accord with
UDC 11-3A-3. Staff recommends the applicant provide cross access between the proposed office
lots so the number of curb cuts are limited to the proposed collector streets.
Multi-use Pathway: Per the Master Pathways Plan, the applicant is proposing to construct a 14-
foot vehicle rated multi-use pathway on the north side of the Five Mile Creek and construct a 10-
foot wide multi-use pathway on the east side of N. Fawnridge Way and N. Rustic Oak Way (see
exhibit A.4). Staff is supportive of the proposed pathway network.
Micropaths: The applicant is proposing multiple pedestrian connections throughout the
development. In reviewing the submitted plan all of the micropath lots and pedestrian connections
comply with the standards set forth in UDC 11-3A-8 and UDC 11-3B-12.
Landscaping Requirements
Open Space/Amenities: UDC I1-3G-3 requires a minimum of ten percent open space for all
residential developments exceeding five acres. The UDC also requires one additional site amenity
for each additional 20 acres of development area. Using this standard, the applicant is required to
provide a total of six (6) amenities for a development of this size (121 single family acres).
The applicant is proposing 20.29 acres of common open space with this development which
Oaks Norlh and South Subdivisions- AZ-13-008; RZ-73-008; PP-13-013; PP-13-Ot4 and MDA-13-015
PAGE 16
EXHIBIT A
equals approximately 15.15% of the total development area. Qualifying open space includes, the
linear open space adjacent to the Five Mile Creek, 50% of the arterial street buffers, collector
street buffers, micropath lots, 8-foot parkways adjacent to the local streets and three (3) pocket
parks in various sizes.
The proposed amenities include the following:
]) pool
2) children's play structure
3) integrated pathway system
4) extension of the Meridian Pathway system
5) (2) covered picnic areas and
6) 5% additional open space
Based on the analysis above, staff finds the proposed subdivision complies with the open space
and site amenity requirements in the UDC.
Arterials: UDC 11-2A-5, UDC 11-2A-6, and UDC I1-2A-7 require a 25-foot wide street buffer
along McMillan Road and Black Cat Road; McDermott Road is designated an entry way corridor
which requires a 35-foot wide landscape buffer. Staff is amenable to the lift station lot
encroaching into the required landscape buffer along McDermott Road because it may not be
designated as an entryway corridor in the future with the development of HWY 16. The buffers
shall be constructed as proposed in accord with the standards outlined in UDCI 1-3A-7C.
The UDC requires all residential street buffers to be in common lots maintained by the
homeowners association. The submitted plat depicts the buffers on common lots as required.
Collector Streets: UDC 11-2A-5, UDC 11-2A-6, UDC 1 I-2A-7 and UDC 11-2B-3 requires a 20-
foot wide street buffer along N. Rustic Oak Way, W. Quintale Drive, N. Aldrich Way and N.
Fawnridge Way. On the submitted landscape plan, the applicant is proposing buffers that meet or
exceed the required 20-foot width. Said buffers shall be constructed as proposed in accord with
the standards outlined in UDCI I-3A-7C.
If the unimproved street right-of--way along McMillan and McDermott is 10 feet or greater from
the edge of pavement to edge of sidewalk or property line, and the street widening project is not
in the transportation authority's five year funded plan, the developer is required to maintain a 10-
foot wide compacted gravel shoulder meeting the construction standards of the transportation
authority and landscape the remainder with lawn or other vegetative ground cover in accord with
UDC I1-3B-7C.5.
Land Use Buffers: UDC I 1-3B-9 requires landscape buffers between different land use types. Per
UDC 11-2B-3, a 20-foot wide landscape buffer is required between single-family homes and L-O
zoned property. The landscape buffer must be designed and constructed in accord with UDC 11-
3B-9C.
Fencing: No fencing is shown on the submitted plans; the applicant should clarify at the
public hearing if any perimeter fencing is proposed. A detailed fencing plan should be
submitted upon application for final plat approval. if permanent fencing is not provided before
issuance of a building permit, temporary construction fencing to contain debris must be installed
around the perimeter. Perimeter and common open space fencing must be designed as set forth in
UDC 11-3A-7.
);xisting Trees: There are existing trees on the property that may need to be removed with the
development of the property. The applicant should protect all existing trees on the site that are
Oaks North and South Subdivisions- AZ-13-008;122-13-008; PP-13-013; PP-13-014 and MDA-13-015
PAGE 17
EXHIBIT A
greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-
10, mitigation is required for all existing healthy trees 4-inch caliper or greater that are removed
from the site with equal replacement of the total calipers lost on site up to an amount of 100%
replacement. With the submittal of the final plat the applicant should submit a revised landscape
plan that details the mitigation plan outlined by the developer and the City Arborist.
Parkways: 8-foot wide parkways are proposed adjacent to the internal local streets and several
center medians are proposed within W. Quintale Street and N. Rustic Oak Way. The parkways
and the center medians must comply with the standards set forth in UDC I1-3A-17 and UDC 1 I-
3B-7C.
Sidewalks: Sidewalks are required along all public streets. 5-foot wide detached sidewalks are
required adjacent to all of streets as proposed.
Ditches, Laterals, and Canals: The Five Mile Creek and the Lemp Canal transverse this
property. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural
waterways and waterways being used as amenities, which intersect, cross or lie within the area
being subdivided shall be covered. The five Mile Creek is a protected waterway and is proposed
to remain open with the subject application. Additionally, the applicant is seeking a waiver
from Council to allow the Lemp Canal to remain open due to the Settler's Irrigation
District requiring a 72" pipe to enclose the canal. Staff is supportive of both the Five Mile
Creek and Lemp Canal remaining open.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The Applicant should be required to utilize any existing
surface or well water for the primary source. If a surface or well source is not available, asingle-
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 development plan approval. An underground, pressurized irrigation system should be
installed to all landscape areas per the approved specifications and in accordance with UDC 11-
3A-ISond MCC 9-1-28.
Existing Structures: The submitted plat depicts an existing home and several outbuildings that
will remain with the development of the Oaks South Subdivision (Lot 4, Block 1). The home lot
is part of the first phase boundary and must connect to city services and the existing well and
septic system must be abandoned. The existing access to McMillan Road must be abandoned and
internal access must be provided from W. Los Flores Drive in accord with UDC I1-3A-3. A note
on the face of the final plat, prohibiting direct lot access to McMillan Road is needed.
Building Elevations: The applicant has submitted conceptual building elevations for the future
homes in this development, included in Exhibit A.4. These elevations depict a variety of styles
and building materials and are consistent with existing homes constructed in the Oakcreek
Subdivision. Elevations for the multi-family lot and office lots have not been submitted.
Elevations for the office and multi-family buildings will be reviewed as part of the CUP process
and /or CZC and DES approval in the future. A recommended provision of the DA requires
compliance with the submitted single-family elevations.
In summary, Staff recornmeuds approval of the proposed application request with the
recommended conditions listed in Exhibit B of this report ir: accord with the findings contained in
Exhibit D.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
Oaks North and South Subdivisions- AZ-13-008; RZ-13-008; PP-13-013; PP-13-014 and MDA-13-015
PAGE 18
EXHIBIT A
2. Proposed Preliminary Plats (dated: 7/10/13 and 08106/13)
3. Proposed Landscape Plans (dated:5/31/13)
4. Proposed Pathway Plan (dated:lO/08/13)
4. Proposed Building Elevations
B. Conditions of Approval
C. Legal Descriptions and Exhibit Maps for Annexation and Rezone
D. Required Findings from Unified Development Code
Oaks Nonh and South Subdivisions- AZ-13-008; RZ-13-008; PP-13-013; PP-13-014 and MDA-13-015
PAGE 19
CXHIBIT A
A. Drawings
I. Vicinity Map
Oaks North and Soutli Subdi~~isions- A%-13-OOA; T2l.-13-008; I'P-13-013; PP-13-014 wind MDA-13-015
I'AGG 17
EXHIBIT A
2. Proposed Preliminary Plats REVISED (dated: ~FIB><I-3 and 08/06/13)
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Oaks North and South Subdivisions- AZ-13-008; RZ-13.008; PP-13.013; PP-13.014 and MDA-13-015
PAGE 18
EXHIBIT A
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Oaks North and South Subdivisions - AZ-13-008; RZ-t3-008; PP-13-013; PP-13-014 and MDA-13-015
PAGE 19
EXI-III31T A
3. Proposed Landscape Plans (dated: 5/31/l3)
Oaks North and South Subdivisions- A7.-13-008; ILL-13-008; i'1'-13-U13; I'1'-13-014 and MDA-13-015
PAGG 20
µ~,teueem
THE OAKS NORTH SUBDIVISION ,, E,a,,,,~la ~~
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THE OAKS SOUTH SUBDIVISION P~.vre~irt
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MERIDIAN, IDANO PRE11611NARY PLAT IANDSOAPE PLAN E :..ri-=~~
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4, Proposed Pathway Plan (dated: 10/OS/13)
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iLa;Of'H ~CC4in,,~'..,. CC''[t ClLT+~,. I [:.\LRar'r,. ^,.,>
a.
Oaks North and South Subdivisions - A7_-13-003; It%-13-008; PP-13-013; PP-13-014 and MUA-13-015
PAGIi 21
5. Proposed Home Elevations
The Andrew
ThP Barrett
the Chipman
the Emerson
the Gilbert
Oaks North and South Subdivisions- A"/_-13-008; ItZ-13-008; I'I'-13-013; PP-13-014 and MDA•13-015
PACiG 22
The Ilarrington
Thr~ Jd1iI151)rl
The 1<irFhar~i
The tvlalpory
The Mathisbi~
Oaks Norlh and South Subdivisions- A7_-13-008; IU-13-008; I'1'-13-013; PP-13-014 and MDA-13-015
1'AGG 23
EXHIBIT B - CONDITONS OFAPPROVAL
I. PLANNING DEPARTMENT
1.1 Annexation and Rezone Comments
1.1.1 Anew development agreement (DA) replacing existing DA # 1090009629 is required as a
provision of annexation and rezoning of these properties. Prior to the annexation and rezone
ordinance approval, a new DA shall be entered into between the City of Meridian, the property
owner(s) at the time of annexation and rezone ordinance adoption and the developer. Signature
of the DA is required prior to submitting any final plat for review and approval. The
applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed
by the property owner and returned to the City within two (2) years of the City Council granting
annexation and rezone approval. The DA shall, at minimum, incorporate the following
provisions:
A. The applicant shall comply with the submitted home elevations attached in Exhibit A.S, ~i h
materials and architectural features to be the same or hieher cuality as in the elevations
B. Future development of the office lots shall comply with the design standards listed in UDC 11-
3A-19 and the guidelines contained in the Meridian Design Manual. Development of these lots
shall not commence until the applicant obtains certificate of zoning compliance and design
review approval.
C. The applicant shall dedicate the r-° stet'^^'^"r ~' ' D1~^'. ' ~` the well lot (Lot 23, Block
] 0) and the lift station lot (Lot 29, Block 10) of Oaks South Subdivision to the City as
proposed. The annlicant shall coordinate with the Citv on the ac uisition of the fire station lot
(Lot 1 Block 16 of Oaks South Subdivision) If the acquisition is mutually aereed anon by th_e
annlicant and the Citv the future fire station lot is entitled to impact fee credits as allowed by
law.
D. Development of the multi-family lots requires conditional use permit approval. The density
range in these areas shall be 8 to 15 dwelling units to the acre.
E, f mutually aereed upon by the annlicant and WARD, the applicant shall dedicate Lot 4, Block
16 of Oaks South Subdivision to Western Ada Recreation District (WARD) for a
neighborhood park as proposed. If an agreement cannot be reached between the two parties.
the annlicant shall coordinate with the Parks Department on the dedication of the lot as a City
neighborhood nark
F. For phasing purposes, the Oaks North and Oaks South plats shall be reviewed as one project
and both plats will remain valid as successive phases receive City Engineer's signature. As
long as the submittal and recordation of a final plat in one plat is completed in the timeline
outlined in UDC I 1-6B-7, the entire project remains valid and does not expire.
G. The applicant shall be responsible for all costs associated with design and construction of the
required interim lift station and pressure sewer line. The stations design and capacity shall be
coordinated with the Public Works Department; the design shall include communication
capabilities that are consistent with the City of Meridian's SCADA system. At completion of
construction, the station will be donated to the City of Meridian who will own and maintain
the lift station. The completion and acceptance of the lift station will be at the sole discretion
of the Meridian Public Works Director. The approval to except discharge must be approved by
the Meridian Public Works Director. Any potential upgrades to the interim lift station from
other surrounding parcels will be reviewed by the Meridian Public Works Department.
Approved upgrades to the purposed station will be fully funded by the regttestor, and will be
subject as reimbursement fees to the applicant.
Oaks North and South Subdivisions- AZ-13-008; RZ-13-008; PP-13-013; PP-]3-014 and MDA-13.0(5
PAGE 24
H. Water service to this site is being proposed via extension of mains in N Black Cat Road,
McDermott Road, and McMillan Road. The applicant shall be responsible for the installation
of water mains to and through this development per the City of Meridian's water master plan.
Due to fire flow requirements the applicant will need to construct a 12-inch diameter main
from the intersection of N Black Cat Road and McMillan Road heading east to the existing 12-
inch diameter main near the Ten Mile & McMillan intersection. This connection will need to
be installed with phase one of the applicant's plan, and may be eligible for partial
reimbursement. If the 12-inch water main from Ten Mile & McMillan is installed by another
developer prior to phase one construction, the applicant will not be responsible to participate
in construction of the required main extension.
I. The proposed outdoor storage is an accessory use in the R-15 district for the benefit of the
proposed residential developments and shall not operate as astand-alone commercial business.
Development of this lot shall not commence until the applicant obtains certificate of zoning
compliance and design review approval of the storage facility.
J. Lot 2, Block 1 of the Oaks North Subdivision and Lot 5, Block 16 of the Oaks South
Subdivision shall be deeded-preserved for future rieht-of-way acquisition by ITD for the
construction of the McDermott Road overpass.
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K. The applicant shall comply with all City ordinances in effect at the time of final plat submittal.
L.The applicant shall provide a method for notifvine home owners of the future multi-family
developments nronosed with the Oaks North and Oaks South developments. as determined by
the Plannine Division Manaeer.
. With the first phase of development of the Oaks South Subdivision. the applicant shall
develop the Wool complex on Lot 1. Block 4. as nronosed With the second Whose of
development of the Oaks North Subdivision. the applicant shall develop the Hoot complex and
the 5.71 acre ne' boyhood nark on Lot 6. Block 12. as pro ol?
N. A cross-access easement shall be recorded for the office lots within the Oaks South
Subdivision in accord with UDC 1 ]-3A-3.
1.2 Oaks North Preliminary Plat -Site Specific Conditions of Approval
1.2.1 The preliminary plat shall be revised as follows:
a. Revise Blocks 11, 21 and 22 to comply with the minimum block length requirements in
accord with UDC 11-6C-3F and as depicted in Exhibit A.2.
b. Prior to City Engineer's signature on a final plat, the applicant shall:
1. Obtain a license agreement from the irrigation district to develop the easement
area on Lots 8-10, Block 30, Lots 8-11, Block 27 and Lots 21-23, Block 2lwith
fencing and landscaping.
2. If irrigation district/lateral association requires access across the buildable lots in
the form of a gravel road and/or a portion of the property cannot be customized
by the home owners, the applicant shall place the easements in a common area to
be owned and maintained by the HOA.
Oaks North and South Subdivisions- AZ-13-008; RZ-13-008; PP-13-013; PP-13-014 and MDA-13-015
PAGE 25
Prior to the City Cour:ct[ meeting, the applicant shalt submit a revised preftminary plat that
includes the revisions noted above in 1.2.1a.
1.2.2 The landscape plan attached in Exhibit A.3 is approved as follows:
a. The applicant shall substantially comply with the pathway plan attached in Exhibit A.4. All
pathways shall be constructed as proposed and in accord with UDC 1 13A-8 and UDC 11-
3B-12.
b. The applicant shall substantial comply with the submitted landscape attached as Exhibit A.S.
c. All fencing shall be installed in accordance with UDC 1 ]-3A-7. Per UDC 11-3A-7A7a, the
applicant is responsible for fencing micropaths and pathway lots to distinguish the common
areas from the private areas. Where the buildable lots abut internal common lots fencing must
either be 4-foot solid or 6-foot open vision. A detailed fencing plan must be submitted with
each final plat application. The applicant shall clarify at the public hearing if permanent
perimeter fencing is proposed. At the aublie hearine, the applicant testified fencine
details would be submitted with each final plat application.
d. If the unimproved street right-of--way along Black Cat, McDermott and McMillan Roads is
10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street
widening project is not in the transportation authority's five year funded plan, the developer
is required to maintain a 10-foot wide compacted gravel shoulder meeting the construction
standards of the transportation authority and landscape the remainder with lawn or other
vegetative ground cover in accord with UDC 11-3B-7C.5.
e. Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on
designing, adopting, and implementing a protection and mitigation plan for the existing trees
on site.
f. The applicant shall comply with proposed open space and site amenities represented on the
submitted landscape plan. During the Commission hearing the applicant shall clarify the four
(4) other amenities proposed for the Oaks North Subdivision. Details of the proposed
amenities shall be provided during the public hearing. At the public hearing the applicant
testified additional amenities include additional sittine areas. snort courts, tot lots and
pathwav signaee. Installation of the amenities will be consistent with the submitted phasing
plan,
g. Provide the landscaped the center medians as proposed and enter into a license agreement
with ACHD.
h. All pathway common lots and micropath lots shall be constructed in accord with the
standards set forth in UDC I 1-3A-8 and UDC 1 ]-3B-12.
i. The pond proposed within Lot 6, Block 12 must comply with the standazds set forth in UDC
] I-3G-3B.8.
j. Install the landscape buffers adjacent the collectors and arterials streets as proposed.
1.23 Submit a public use easement to the Planning Division for the multi-use pathway adjacent to E.
N. Rustic Oak Way and W. Octavia Drive prior to City's Engineers signature on the final plat.
1.2.4 The applicant shall pipe or otherwise cover all irrigation ditches, laterals or canals, intersecting,
crossing or lying within the area being developed in accord with UDC 11-3A-6A, unless left open
as a water amenity or linear open space in accord with UDC ] 1-3A-6A.2.
1.2.5 Provide the stub streets and internal street network as proposed on the plat and as noted above in
condition 1.2.1a. - ^^ «^ n^••°°" -^°'°.° ^s,~.^ ^..'-'^°« °'°' The aonlicant shall work with the
Oaks North and South Subdivisions- AZ-13-008; RZ-t3-008; PP-13-013; PP-13-OI4 and MDA-13-015
PAGE 26
developer of parcel's 50428143000 and 50428410000 on a mutuall~greeable alienment of W
Octavio Drive on the east boundary. _'-° ^'~~'^ ^•^°°! nv. n°•_°'^ n^'..°` !° n,,. °,..+,. '.. a:°° •..:l1.
F', The development is allowed one temporary street access to Black Cat Road (northeast
corner of the development as depicted on the plat), which will be closed once a collector street is
constructed through one or both adjacent parcels (50428143000 & 50428410000).
1.2,6 Comply with all ACHD conditions of approval.
1.2.7 The existing structures can remain on the property as long as the property is being farmed. Once
the applicant submits a final plat that contains the boundary of any of the existing structures, the
applicant must remove the structures and abandon any existing wells and septic systems prior to
City Engineer's signature on a final plat.
1.2.8
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- -
1.3 Oaks South Preliminary Plat -Site Specific Conditions of Approval
1.3.1 The preliminary plat shall be revised as follows:
a. The applicant must provide a pedestrian connection for Block 4 to comply with the minimum
block length requirements listed in UDC I1-6C-3F.
1.3.2 The landscape plan attached in Exhibit A.3 is approved as follows:
a. The applicant shall substantially comply with the pathway plan attached in Exhibit A.4.
b. All fencing shall be installed in accordance with UDC 11-3A-7. Per UDC 11-3A-7A7a, the
applicant is responsible for fencing micropaths and pathway lots to distinguish the common
areas from the private areas. Where the buildable lots abut internal common lots fencing must
either be 4-foot solid or 6-foot open vision. A detailed fencing plan must be submitted with
each final plat application. The applicant shall clarify at the public hearing if permanent
perimeter fencing is proposed. At_the public hearine, the applicapt testified fencin8
details would be submitted with each final plat application.
c. If the unimproved street right-of--way along McDermott and McMillan Roads is 10 feet or
greater from the edge of pavement to edge of sidewalk or property line, and street widening
project is not in the transportation authority's five year funded plan, the developer is required
to maintain a 10-foot wide compacted gravel shoulder meeting the construction standards of
the transportation authority and landscape the remainder with lawn or other vegetative ground
cover in accord with UDC 11-3B-7C.5.
d. Per UDC 11-3B-]0, the applicant shall work with the City Arborist, Elroy Huff, on
designing, adopting, and implementing a protection and mitigation plan for the existing trees
on site.
e. The applicant shall comply with proposed open space and site amenities represented on the
submitted landscape plan attached in Exhibit A3. With the first phase of development, the
applicant shall develop the pool complex on Lot 1, Block 4, as proposed. Prior to developing
the lot, the applicant shall obtain approval of a certificate of zoning compliance and
administrative design review application.
Oaks North and South Subdivisions- AZ-13-008; RZ-13-008; PP-13-013; PP-13.014 and MDA-13-015
PAGE 27
f Provide the landscaped the center medians as proposed and enter into a license agreement
with ACHD.
g. All pathway common lots and micropath lots shall be constructed in accord with the
standards set forth in UDC 11-3A-8 and UDC 11-3B-12.
h. Install the landscape buffers adjacent the collectors and arterials streets as proposed.
i. The pond proposed within Lot 4, Block 5 must comply with the standazds set forth in UDC
11-3G-3G-3B.8.
1.3.3 Submit a public use easement to the Planning Division for the multi-use pathway adjacent to the
Five Mile Creek, N. Rustic Oak Way and N. Fawnridge Way prior to City's Engineer signature
on the final plat.
1.3.4 Per UDC 11-3A-6 al] irrigation ditches, laterals or canals, but exclusive of any natural waterway
(excluding the Lemp Canal and the Five Mile Creek), that intersect, cross or ]ie within the area
being subdivided shall be covered. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owners), with written approval or
non-approval submitted to the Public Works Department prior to construction plan approval. If
lateral users association approval cannot be obtained, alternate plans will be reviewed and
approved by the City Engineer.
1.3.5 Across-access easement shall be recorded for the office lots within the subdivision. This
agreement shall be recorded and a copy of said agreement submitted to the City prior to the City
Engineer's signature on the final plat OR a note shall be added to the face of the final plat
granting the cross access. If cross access is not proposed for the office lots, the applicant shall
request a Council waiver for the access to the adjacent collector streets and the access point to
McMillan depicted with the fire station lot in accord with UDC 11-3A-3. The applicant testified
that cross access would be provided with the development of the office lots.
1.3.6 The applicant shall comply with all ACHD conditions of approval.
1.3.7 Provide the stub streets and internal street network as proposed on the plat.
1,3.8 ,. ....4«.:u.A «1... A..«:,.....« ,.. :•.a: «,. 1...«.,. ..«d ............1 ,.«.4..a d:«,.., a4... .. ail ..,..,...:« ..Ad. •L.,.
..«« ,.r.h,, na,,, o,,..«l, c..l.a:..:.,:,.« it ... n nl,.a- i~ T6.. ,...:.,.:«,. 1.~«-.. «...... ,,,.««......8
.,~Il ..«A ....«N.. ....,..,.«. «...•.. 6...,1...«A..«,.d T6 .............. .,. T.f..Teat..«
1.3.9 Potions of the proposed development lie within the Meridian Floodplain Overlay District.
Specifically, three parcels along the south frontage of McMillan Rd (APN#'s:S0433120750,
S0433212400, 50433223000). A floodplain development permit application is required to be
submitted, reviewed and approved by the City prior to development within the Floodplain
Overlay District per MCC section ]0-6. The application shall include hydraulic and hydrologic
analysis including establishment of base flood elevation (BFE) and local floodway. Please contact
David Miles, City of Meridian Floodplain Administrator at 898-5500.
1.4 Oaks North and Oaks South General Conditions of Approval
1.4.1 Comply with all bulk, use, and development standards of the R-4, R-8, R-15 and L-O zoning
districts listed in UDC 1 I-2A-5, UDC 11-2A-6, UDC 11-2A-7 and UDC 11-2B-3.
1.4.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to
McDermott, McMillan and Black Cat is prohibited.
1.4.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5.
Oaks Nonh and South Subdivisions- AZ-13-008; RZ-13-008; PP-13.013; PP-13-014 and MDA-t3-015
PAGE 28
1.4.4 Comply with the provisions for inrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.4.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC ] 1-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.4.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.4.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
1.4.8 Construct all off-street parking areas consistent with the standards as set forth in UDC I 1-3C-6
for single-family dwellings.
1.4.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C.
1.4.10 Construct storm water integration facilities that meet the standards as set forth in UDC 1 ]-3B-
11C.
1.4.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5
and I1-3B-7C.
1.4.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements,
blocks, street buffers, and mailbox placement.
1.4.13 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.5 Ongoing Conditions of Approval
1.5.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
1.5.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3G-3F1.
1.5.3 The project is subject to all current City of Meridian ordinances. Staff s failure to cite specific
ordinance provisions does not relieve the applicant of responsibility for compliance.
1.5.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.5.5 The applicant shall have an ongoing obligation to maintain all micro-pathways.
1.5.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-1 I.
1.5.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
1.6 Process Conditions of Approval
1.6.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
Oaks North and South Subdivisions- AZ-13-008; RZ-13-008; PP-13-013; PP-t3-014 and MDA-I3-OIS
PAGE 29
1.6.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11-SC-3B. A surety agreement may be accepted for other improvements in accord with
UDC I1-SC-3C.
1.6.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plats as set forth in UDC 1 I-6B-3C2.
1.6.4 The preliminary plat approval shall be null and void if the applicant fails to either I) obtain the
City Engineer signature on a final plat within two years or 2) gain approval of a time extension as
set forth in UDC I 1-66-7.
1.6.5 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B-
7B.
1.6,6 Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAI,
2.1.1 This proposed development is currently not serviceable by existing sewer mains intended to
provide service to the area; however the developer has proposed an acceptable alternative by
providing service by installing a temporary lift station. The site of the temporary lift station will
be large enough to accommodate a regional lift station in the future when the City decides to
budget for and construct the regional lift station. The temporary lift station is not intended to be a
throwaway cost as many of the components are reusable. The applicant shall be responsible for
all costs associated with designing and construction of the required interim lift station and
pressure sewer line. The stations design and capacity shall be coordinated with the Public Works
Department; the design shall include communication capabilities that are consistent with the City
of Meridian's SCADA system. At completion of construction, the station will be donated to the
City of Meridian who will own and maintain the lift station. The completion and acceptance of
the lift station will be at the sole discretion of the Meridian Public Works Director. The approval
to except discharge must be approved by the Meridian Public Works Director. The lift station
shall pump wastewater from the Oaks temporarily to the city's North Black Cat Lift Station
through an 8-inch pressure main until such time that the North Black Cat Lift Station reaches the
capacity that is required to switch from the 8-inch pressure sewer the North Black Cat Lift Station
currently utilizes to a larger pressure sewer from the North Black Cat Lift Station to the W WTP.
At this time the Oaks Lift Station will transition to utilizing the 8-inch pressure main currently
used by the North Black Cat Lift Station and will pump all of the way from the Oaks to the
W WTP through an 8-inch pressure sewer. The temporary lift station at the Oaks needs to be
designed to accommodate this transition (pumps should be sized for both scenarios or other
accommodations need to be made at the lift station.) Optionally, the Oaks could choose to build a
force main all the way to the plant instead of temporarily pumping to the North Black Cat Lift
Station. Any potential upgrades to the interim lift station from other surrounding parcels will be
reviewed by the Meridian Public Works Department. Approved upgrades to the purposed station
will be fully funded by the requestor, and will be subject as reimbursement fees to the applicant.
Also, the city is in the process of analyzing the need for a regional lift station at the temporary lift
station site. This analysis has not been completed and the regional lift station is not cturently in
the 5-year CIP.
2.1.2 Water service to this site is being proposed via extension of mains in N Black Cat Road,
McDermott Road, and McMillan Road. The applicant shall be responsible for the installation of
Oaks North and South Subdivisions- AZ-t3-008; RZ-13-008; PP-13.013; PP-13-014 and MDA-13.015
PAGE 30
water mains to and through this development per the City of Meridian's water master plan. Due
to fire flow requirements the applicant will need to construct a 12-inch diameter main from the
intersection of N Black Cat Road and McMillan Road heading east to the existing 12-inch
diameter main near the Ten Mile & McMillan intersection. This connection will need to be
installed with phase one of the applicant's plan, and may be eligible for partial reimbursement. If
the 12-inch water main from Ten Mile & McMillan is installed by another developer prior to
phase one construction, the applicant will not be responsible to participate in construction of the
required main extension.
2.1.3 The City of Meridian's water master plan calls for an additional municipal well in this area. The
applicant has offered to donate a site for a new municipal well. The site for the well will need to
be a minimum of 140'x140', and donated to the city prior to first phase. If the well site cannot be
divided off and conveyed to the city prior to the first phase, the city can accept a long term lease
until such time that the property can legally be conveyed. The timing of the construction of the
municipal well can take as much as three-years. Because of the complex nature of water delivery
in this area, each phase of the development will require modeling analysis. Results of this
modeling may necessitate additional water main connections to ensure fire flow needs are met.
The developer will be required to pl•ovide two water main connections to any phase containing
more than 25 lots, unless this number of lots is increased in the future by action of the City
Council.
Alternatively the applicant may enter into non-build agreement with the City of Meridian on
the number of lots beyond the above restriction Said non-build agreement will be recorded
into Ada County Records A note shall be added to the face of the plat so that future lot buyers
will be noticed and a reference to said note shall be added to each affected lot
2.1.4 A flush line will need to be extended from the well site to an approved discharge point. The
currently proposed well site location will necessitate a lengthy flush line. The flush line will need
to be within a 20-foot wide easement for operation and maintenance.
2.1.5 Two additional water main connections will be required, one from N. Bluefield Avenue in the
vicinity of Lots 26-30, Block 17 to the parcel to the east, and a second one from N. Oralenso
Avenue in the vicinity of Lots2-8, Block 4 to N. McDermott Road. This particular connection
will need to be 12-inch diameter.
2.2 General Conditions of Approval
2.2,1 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.
2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and
through this development.
2.2.3 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. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. 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 8l/2" x 11"map with bearings and distances (marked EXHIBIT B) for
Oaks North and South Subdivisions- AZ-13-008; )tZ-13-008; PP-13-013; PP-13-014 and MDA-13-015
PAGE 31
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). 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, asingle-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.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainagedtstrict, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-7-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 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.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
District and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.2.10 A letter of credit or cash surety in the amount of ] 10% will tie required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro-
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.2.12 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.
2.2.13 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.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.17 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.
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2.2.18 The 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 botton
elevation of the crawl spaces of homes is at least 1-foot above.
2.2.19 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.
2.2.20 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.
2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street lights.
Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. The contractor's work and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. 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. Please contact Land Development Service for more information at 887-2211,
2.2.23 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 ali 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
depositor bond. Please contact Land Development Service for more information at 887-2211.
3. POLICE DEPARTMENT
3.1 The Police Department has no concerns related to this application.
4. FIRE DEPARTMENT
4.1 One and two family dwellings not exceeding 3,600 square feet require afire-flow of 1,000 gallons
per minute for a duration of 2 hours to service the entire project. One and two family dwellings in
excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the
International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the
International Fire Code.
4.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 %z" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
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PAGE 33
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
£ Fire hydrants shall be placed 18" above finished grade to the center of the 4 %z" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4.4 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater
than 150 feet in length that is not provided with an outlet shall be required to have an approved
turn around. Phasing of the project may require a temporary approved turn aoound on streets
greater than 150' in length with no outlet.
4.5 All entrances, internal roads, drive aisles, and alleys shall have a ironing radius of 28' inside and 48'
outside, per International Fire Code Section 503.2.4.
4.6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000
GV W, per International Fire Code Section 503.2.
4.7 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
4.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.9 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a
vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1.
4.10 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible constmction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
4.11 To increase emergency access to the site a minimum of two points of access will be required for any
portion of the project which serves more than 50 homes, as set forth in Intemational Fire Code
Section D107.1. The two entrances should be sepazated by no less than %z the diagonal measurement
of the full development as set forth in International Fire Code Section D104.3. The applicant shall
provide a stub street to the property to the (west/east/north/south).
4.12 Building setbacks shall be per the International Building Code for one and two story construction
4.13 The roadways shall be built to Ada County Highway District cross section standards and have a
clear driving surface. Streets less than 26' in width shall have no on-street parking; streets less
than 32' in width shall have parking only on one side. These measurements shall be based on the
drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of
13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GV W as set forth
in International Fire Code Section 503.2.1. and DI03.6.1 and D103.6.2.
4.14 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. The cost of this installation is to be
borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1)
4.15 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code Section 101.2.
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4.16 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices
installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141,
Section A5.2.18.
4.17 As set forth in International Fire Code Section D103.3, the Fire Department is opposed to any
landscape islands in the middle of a cul de sac that may prevent a fire truck from turning around on
the end of the court.
5. REPUBLIC SERVICES
5.1 Republic Services did not submit comments on this application.
6. PARKS DEPARTMENT
6.1 The applicant shall design and construct the multi-use pathways consistent with the location and
specifications (Chapter 3) set forth in the Meridian Pathways Master Plan unless otherwise approved
by the Parks and Recreation Director.
6.2 Submit a public use easement to the Planning Division for the multi-use pathway adjacent to E.
N. Rustic Oak Way and W. Octavio Drive prior to City's Engineers signature on the final plat.
6.3 The applicant shall have an ongoing obligation to maintain all pathways.
6.4 At such time that the multi-use pathway connects from one major street to another and is Beater than
one-half mile long, the applicant may petition the City to assume maintenance responsibilities.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Enter into a Cooperative Development Agreement with the District to improve the Chinden/Black
Cat intersection to a 5 X 6 X 7 intersection, Black Cat/Ustick to a 7 X 7 intersection, Black Cat
Road /McMillan to a 6 X 6 intersection, and to widen McMillan Road to 3 lanes between
McDermott and Black Cat Road, as note in the District's Capital Improvement Plan.
• The Cooperative Development Agreement shall include the intersection design and
construction, as well as allocation of costs. ACHD will only provide impact fee credit for
impact fee eligible costs of pennanent intersection improvements consistent with CIP.
Signal hardware is available and will be provided for the intersection improvement
project. The applicant should be responsible for all other project costs.
7. ].2 Or construct interim intersection improvements would include the signalize and widening of the
Black Cat leg of the Chinden/Black Cat intersection to 3 lanes, signalizing and widening the
Black Cat Road /Llstick Road intersection to a 3 X 3 intersection, and the signalization and widen
the Black Cat Road /McMillan intersection to a 3 X 3 intersection.
7.1.3 In order to ensure the intersections and roadway segment will be improved when warranted, the
following items must be in place prior plans acceptance for the final plat necessitating the
improvements.
• Cooperative Development Agreement;
• Financial surety provided by the applicant meeting the terms of the Cooperative Development
Agreement;
• Full design and approved plans for the intersection;
• Dedication of all of the right-of--way (both ACHD and 1TD) necessary to complete the
intersection project
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PAGE 35
7.1.4 Widen and signalize the Black Cat Road /Chinden Boulevard to a 5 X 6 X 7 intersection, as noted
in the C1P, or make interim intersection improvements to signalize and widen the Black Cat leg
of the Chinden/Black Cat intersection to 3 lanes prior to plans acceptance or signature of the first
final plat within Phase 2 of the subdivision, or when 5,157 vehicle trips have been reached. Enter
into a development agreement with the District for the design and construction of the signals.
7.1.5 Widen and signalize the Black Cat/Ustick to a 7 X 7 intersection, as noted in the CIP, or make
interim intersection improvements to signalize and widen the Black Cat Road /LTstick Road to a 3
X 3 intersection prior to plans acceptance or signature of the first final plat within Phase 2 of the
subdivision, or when 5,157 vehicle trips have been reached. Enter into a development agreement
with the District for the design and construction of the signals.
7.1.6 When the McMillan Road/Rustic Oak intersection is first constructed construct a westbound left
turn lane, a westbound right turn lane and an eastbound left turn lane on McMillan Road at the
McMillan Road/Rustic Oak intersection. Or as an alternative the single lane roundabout could be
constructed when the intersection is first constructed as required in Phase 3.
7.1.7 Provide the concept design and dedicate the right-of--way for the roundabout at the McMillan
Road/Rustic Oak intersection when the intersection is constructed. The roundabout should be
designed meeting all of the requirements of ACHD's Roundabout Design Manual (District policy
5188).
7.1.8 Signalize and widening the Black Cat Road /McMillan intersection to a to a 6 X 6 intersection, as
noted in the CIP, or make interim intersection improvements to signalize and widen the Black Cat
Road /McMillan intersection to a 3 X 3 intersection prior to the plans acceptance or signature of
the first final plat within Phase 3.
7.1.9 Construct a northbound left-turn lane and a southbound right-turn lane at the Octavia Drive/Black
Cat intersection (if the road is constructed and intersects Black Cat) prior to the plans acceptance
or signature of the first final plat within Phase 3 that includes the 213 single-family building lot,
the 41st apartment units, or 2,282 vehicle trips per day.
7.1.10 Construct a single lane roundabout at the McMillan Road /Rustic Oak intersection prior to the
plans acceptance or signature of the first final plat within Phase 3 that includes the 213 single-
family building lot, the 41st apartment units, or 2,282 vehicle trips per day. The right-of--way
dedication and the concept design for the roundabout shall be required with the phase of the
development that includes the McMillan Road/Rustic Oak intersection.
7.1.11 Widen McMillan Road to 3 lanes between Black Cat and McDermott Roads prior to plans
acceptance or signature of the first final plat within Phase 3 that include the 231-single family
building lot, the 41st apartment unit, or 2,282 vehicle trips per day.
7.1.12 Submit an updated traffic impact study for review prior to plans acceptance and signature of the
first final plat for Phases 2 and 3.
7.1.13 Construct a 20-foot wide temporary access road to intersect Black Cat Road located
approximately 90-feet south of the north property line and 165-feet north of the future east/west
mid-mile collector roadway (Octavia) to be construct as the parcel to the south develops. Provide
a temporary right-of--way easement for the 20-foot wide temporary access road. The easement
will be released once the future east/west mid-mile collector roadway (Octavia) is constructed.
7.1.14 ACRD will not approve plans or sign a final plat including the multi-family phase of the
development which includes the temporary access road until future east/west mid-mile collector
roadway (Octavia) is constructed, and the temporary right-of--way easement is released.
7.1.15 Construct a detached 5 foot wide sidewalk on McMillan Road, located a minimum of 30 feet
from centerline. Provide permanent right-of--way easements for public sidewalk placed outside of
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PAGE 36
the dedicated right-of--way. The easement shall encompass the entire area between the right-of-
way line and 2-feet behind the back edge of the sidewalk.
7.1.16 Dedicate additional right-of--way for McMillan Road so there is a total of 74 feet ofright-of--way.
As this section of McMillan Road is listed in the Capital Improvements Plan, the District will
provide compensation for addition right-of--way dedicated beyond the existing right-of--way.
7.1.17 Construct detached 5 foot wide concrete sidewalk on Black Cat Road abutting the site. The
applicant should be required to construct the sidewalk a minimum of 30 feet from the centerline
of Black Cat Road. A permanent right-of--way easement shall be provided if public sidewalks are
placed outside of the dedicated right-of--way. The easement shall encompass the entire area
between the right-of--way line and 2 feet behind the back edge of the sidewalk.
7. ],18 Construct 5 foot wide meandering concrete sidewalk on McDermott Road abutting the site.
Construct the sidewalk a minimum of 43 feet from centerline. A permanent right-of--way
easement shall be provided if public sidewalks are placed outside of the dedicated right-of--way.
The easement shall encompass the entire area between the right-of--way line and 2 Feet behind the
back edge of the sidewalk.
7.1.19 Dedicate 37-feet ofright-of--way from centerline for McDermott Road abutting the site. As this
section of McDermott Road is not listed in the Capital Improvements Plan, the District will not
provide compensation for additional dedicated right-of--way.
7.1.20 Dedicated 37-feet of right-of--way from the centerline of Black Cat Road abutting the site. As this
section of McMillan Road is ]fisted in the Capital Improvements Plan, the District will provide
compensation for addition right-of--way dedicated beyond the existing right-of--way. Dedicate an
additional sidewalk easement beyond the 37-feet of dedicated right-of--way to 48-feet from the
centerline of Black Cat Road abutting the site.
7.].21 Construct 2 new residential collectors as 36 foot street sections with curb, gutter, detached 5 foot
wide meandering concrete sidewalk, and 50 feet ofright-of--way. Provide a permanent right-of-
way easement if public sidewalks are placed outside of the dedicated right-of--way. The easement
shall encompass the entire area between the right-of--way line and 2 feet behind the back edge of
the sidewalk.
• Construct Rustic Oak Way, as proposed, to stub to the north property line, approximately 1,920
feet east of the northwest corner of the site, and continue through the site stubbing at the south
property line, approximately 1,650 feet west of the southeast corner of the site.
• Construct Octavio Drive, as proposed, to stub to the east property line, approximately 4,140 feet
north of the southeast corner of the site, and continue west to intersect with Rustic Oak Way.
7.1.22 Provide design and road trust for''/z of canal crossing for Rustic Oak Way, which stubs to the
south property line.
7.1.23 Install a sign at the terminus of each residential collector stating that, "THIS IS A DESIGNATED
COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENED IN THE
FUTURE.
7.1.24 Construct all internal local streets, as proposed, as 36 foot street sections with curb, gutter, 8 foot
wide landscape buffers, 5 foot wide detached concrete sidewalks, and 50 feet ofright-of--way.
Provide a permanent right-of--way easement for public sidewalks placed outside of the dedicated
right-of--way. The easement shall encompass the entire area between the right-of--way line and 2
feet behind the back edge of the sidewalk.
7.1.25 Construct 5 cul-de-sac streets and 7 knuckles as proposed. Construct cu]-de-sacs with minimum
turning radii of 45 feet.
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7.1.26 Construct 9 internal local stub streets as proposed.
• Torana Street is to stub to the east property line approximately 750 feet north of the southeast
corner of the site and align with Torana Street of Oakcreek Subdivision. Construct a temporary
turnaround at the terminus of Torana Street. The temporary turnaround shall be paved and
provide a minimum turning radius of 45-feet. A temporary right-of--way easement shall be
provided for the temporary turnaround. If the turnaround is located on a building lot, the whole
lot shall be encumbered by the easement until the roadway is extended.
• Quintale Street is to stub to the east properly line, approximately 1,260 feet north of the
southeast corner of the site and align with Quintale Street of Oakcreek Subdivision.
• Rico Drive is proposed to stub to the east property line approximately 2,490 feet north of the
southeast corner of the site and provide connectivity to a 37 acre parcel.
• Doublerock Drive is to stub to the east property line approximately 3, I50 feet north of the
southeast corner of the site and provide connectivity to a 40 acre parcel.
• Aldrich Avenue is to stub to the north property line approximately 990 feet east of the northwest
corner of the site and provide connectivity to a 21 acre parcel.
• Oralenso Avenue is to stub approximately 240 feet east of McDermott Road and provide
connectivity to an 8 acre parcel.
• Suttfield Way is to stub to the north property line approximately 2,130 feet west of Black Cat
Road and provide connectivity to a 15 acre parcel.
• Doublerock Court is to stub to the west property line approximately 450 feet east of McDermott
Road and provide connectivity to an 8 acre parcel.
• Elmstone Avenue is to stub to the north at the site's northeast property line and provide
connectivity to a 6 acre parcel to the north.
7.1.27 Install a sign at the terminus of each stub street stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE."
7.1.28 Construct two local streets to intersect McDermott Road as proposed. Daphne Street is to
intersect McDermott Road approximately 510 feet north of McMillan Road and Quintale Drive is
to intersect McDermott Road approximately 510 feet south of McMillan Road.
7.1.29 Construct a new collector, Rustic Oak Way, to intersect McMillan Road at the %:mile, and
construct a new local street, Aldrich Way, to intersect McMillan Road approximately 1,650 feet
west of Rustic Oak Way, as proposed.
7.1.30 Construct all internal local streets to provide a minimum offset of 125 feet from any other local
street and a minimum offset of 330 feet from any collector roadway, as proposed.
7.1.31 Remove the existing driveway and construct a 40 foot wide full access driveway, as proposed,
onto McMillan located approximately 220 feet from Aldrich Avenue, to serve a new fire station.
Pave the entire width of the driveway and 30 feet into the site beyond the edge of pavement of
McMillan Road.
7.1.32 Construct a 20 foot wide driveway onto McDermott Road, located approximately 180 feet north
of the southwest corner of the site, as proposed, to serve the Meridian Sewer Lift Station. Pave
the entire width of the driveway and 30 feet into the site beyond the edge of pavement of
McDermott Road.
7.1.33 Construct a 30 foot wide driveway onto Aldrich Avenue, located approximately 230 feet from
McMillan Road, as proposed, to serve the new fire station. Pave the driveway its entire width and
a minimum of 30 feet into the site beyond the edge of pavement of Aldrich Avenue.
7.1.34 Construct 3 driveways onto Quintale Drive as proposed. Provide 2 driveways for Block 10 Lot 25
which is to be developed as multifamily. One driveway is to be 24 feet wide and located
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PAGE 38
approximately 410 feet east of McDermott Road. The second driveway is to be 24 feet wide and
to align with Aldrich Avenue. Construct one 24 wide full access driveway, located approximately
250 feet east of McDermott Road, to serve the Western Ada County Recreation Center. Pave the
driveways their entire width and 30 feet into the site beyond the edge of pavement of Quintale
Drive.
7.1.35 Direct lot access is prohibited to McDermott Road, Black Cat Road, McMillan Road, Rustic Oak
Road, and Octavia Drive, other than the access specifically approved with this application and
shall be noted on the final plat.
7.1.36 Payment of impacts fees are due prior to issuance of a building permit.
7.1.37 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2,1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of--way.
7.2.2 Private sewer or water systems are prohibited from being located within the ACHD right-
of-way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current
Americans with Disabilities Act (ADA) requirements. The applicant's engineer should
provide documentation of ADA compliance to District Development Review staff for
review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
7.2.5 A license ageeement and compliance with the District's Tree Planter policy is required for
all landscaping proposed within ACHD right-of--way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall
be borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of--way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (I-811-342-1585) at least two full
business days prior to breaking ground within ACHD right-of--way. The applicant shall
contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or
filled) are compromised during any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
7.2.9 All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and ali applicable
ACRD Standards unless specifically waived herein. An engineer registered in the State of
Idaho shall prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of ACHD. The burden shall be upon the applicant to obtain
Oaks North and South Subdivisions- AZ-13-008; RZ-13-008; PP-13-013; PP-13-014 and MDA-13-015
PAGE 39
written confirmation of any change from ACRD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless awaiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
Oaks North and South Subdivisions- AZ-13.008; RZ-t3-008; PP-t3-013; PP-13-0t4 and MDA-13-015
PAGE 40
C. Legal Descriptions and Exhibit Maps for the Annexation and Rezone
Jyty 9, 2013
DESCRIPTION FOR R-4 ZONE ANNEXATK)N PARCEL
PROPOSED OAKS SOUTH 8l1BDM81ON
A parcel of land located In the N X of Section 33, T. 4N., R.1 W., B.M., Meridian, Ada
County, Idaho, more perticulariy described as fo6ovro:
Commendng at the Northwest corner of the saki Seotbn 33, from whkh the North Y.
corner of said section tare Sauth 89°16'58" East, 2835.26 feat; thence shop the north
boundary of the N1N Ys of saki section South 89'18'68' East, 1317.87 feet M Ore northwest
corner of the E 3S of the NW '/. of saki section; thence akxrg the west boundary of saki E X of
the NW X South 00°30'58' Walt, 702.16 teat to fhe POINT OF BEOINNINO;
thence North 58'08'65' East, 58.81 foal;
thence North 76.35'33" East 44.23 feet;
thence South 89.18'68" Eaat, 805.00 feet;
theme Soufh 00°43'02" Wert, 45.00 feel;
thence South 89'18'68" East, 221.68 feet b a polM of amature;
thence 291.40 test shop fhe arc o} a curve to Ore left, uld curve having • ndWs d
300.00 feet, a deka arpb of 55'39'15', and a bnB chord ae.ring North 82'b3'26' East,
280.08 feet M a point of c»rrporrnd curvaturo;
thence 22.74 feei sloop the arc of a curve b Ore bR, saki curve havktg a radius of
400.00 {eat, a deke angle of 03'15'26', end a IwrB chord hearing North 33.28'05' East, 22.74
teat M a poktt on a W rve;
thence 121.88 feat akxg the arc of anon-tangent curve M the dght sakf curve having
e radtua of 30D.00 feet, a deRa angle d 23'18'24", and a bog cMrd beadrr~ South 48°33'39'
East, 121.02 feet;
thence North b8.67'32' East, 169.20 teat;
thence South 29'48'22" Eeat, 7b.02 teat
Drente South 38'44'57" East, 70.00 feet
therroe South 46'02'43" East, 83.431eet;
thence South 68.05'04" East, T8.28 feet
Ihence South 80.00'48` East, 76.00 Met;
Oaks North and South Subdivisions-AZ-13-008; I2Z-13-008; PP-13-013; PP-13-014 and MDA-t3-015
PAGE 41
thence South 78.Ob'16" East, 75.00 feet
thence South 58.21'57" East, 74.91 feet;
thence North 87'53'29" East, 861.15 feet;
thence North 85.09'33" East, 88.92 ket;
thence South 88.31'38" Eaet, 50.00 feet to a point on the east boundary of the W SS of
the NE 1: of said Section 33;
thence abng saM eaat boundary South 00.28'24" West, 938.32 feet;
thence leav(ng said boundary South 88.27'13" West, 249.29 feet;
thence South 88.65'20" Weat, 854.30 feet;
thence North 88'19'22" Weat, 243.62 feet,
thence North 74'47'14` West, 1711.88 feet;
thence North 78.44'37' West, 2499.95 feet to a point on the west boundary of said
Section 33;
thence abng saM west boundary North 00.32'39" Eact, 101.87 feet;;
thence having cold boundary South 78'42'20" Eaet, 1259.37 feel;
thence Scutt 89.17'19` Eaat, 89.90 feet;
thence North 00'30'58` East, 814.45 feet to the POINT OF BEOINNINO. ContalMnq
69,72 acres, more or bsa.
REVIE P OVAL
Bl'
J L 2 5 lull
MERIDIAtJ COMMUNITY
pEVELOPMENT DEPT.
Oaks North and South Subdivisions - AZ-13.008; RZ-13-008; PP-13-013; PP-13-014 and MDA-13.015
PAGE 42
Juty 9, 2013
DESCRIPTION FOR R-8 ZONE ANNEXATION PARCFJ.
PROPOSED OAKS tiOUTH SUBDIVISION
A parcel of land located In the N X of Section 33, T. 4N., R.1W., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the Northwest comer o(the said Section 33, from wNch the North'/.
comer of Bald sedlon bears South 89'18'68' East, 2835.25 feet; thehos sloop the north
boundary ofthe NW'/. of aaM section South 89'16'68' East, 1317.87 feet to the northwest
corner of the East X of the NW'/. of:aid aecdon, the POINT OF BEOINNINfi;
thence continuing abng said north boundary South 89.18'68" Eaat, 1317.88 fast to the
N'/, corner of aaW Sacfan 33;
thence along the north boundary of the NE Y, of Bald sedbn South 88.18'46" Esat, .
1317.85 feet to Bte NE comer of the W X of the NW X o} geld Secton 33;
thence abng the giant boundary of aaW W X of the NW Y. South 00.28'24" West,
751.22 feet;
thence kaving sak! twundary North 89.31'38' West, 110.00 fast;
thence South 85.09'33' West, 88.92 feet;
iherwe South 87'53'29' bleat, 881.15 feet;
Ihence North 88'21'57" Weal, 74.91 feat;
thence North 76.05'15" West, 76.00 feet;
thence North 88.00'48" West, 7b.130 feet;
thenoe Nor81 tS8'05'04' West, 78.28 feet;
Utence North 45.02'43" West, 83.43 feet;
thence North 38'44'57" West, 70.80 feet;
thence North 29'413'22° Went, 75.02 teat;
thence South b8'57'32" tNest,159,20 feet to a point on a curve;
thence 121.88 feet along the arc of anon-tangent save to the b(t, sa{d curve havirp a
radius of 300.00 feet, a delta angle of 23'16'24', end a bog chord bearing North 48.33'39"
West, 121.02 feet to a point on a curve;
Oaks North and South Subdivisions- AZ-13.008; RZ-13-008; PP-13-013; PP-13-014 and MDA-13-015
PAGE 43
thence 22.74 feet along the arc of a non-tenpenl curve to the right, wkl curve having a
radius of 400.00 feet, a delta angb of 03'15'28", and a bng choM bearing South 33'26'05"
West, 22.74 feet to a point of compound curvaturo;
thence 291.40 feet along the arc of a curve to the right, wid curve ha'Nrp a rodiua of
300.00 feet, a delta angle of 55°39'15", end a long chord beerin9 South 62'b3'25' West,
280.08 feet to a point of tangency;
them North 89°18'68' West, 221.68 feet;
thence North 00'43'02" East, 45.00 feel;
Ihenoe Norih 69°18'58" West, 805.00 feet;
thence South 76°35'33' West, 4423 feat;
8rence South 58°08'55" West, 58.81 feat to a point on Ore west boundary of the E Ya of
the NW %of wid Sectbn 33;
thence along wid west boundary North 00'30'58" East, 702.15 feet td the
POINT OF BEGINNING, Containing 43.32 acrea, more or lase.
11
l09
REVIEW OVAL
DY
~u~ 2 5 zurs
1:tER'~DiNrpG^'J` DEPTY
DEVELO.
Oaks North and South Subdivisions- AZ-13-008; RZ-13.008; PP-13-013; PP-13-014 and MDA-13-015
PAGE 44
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PAGE 45
Juy 9, 2013
DESCRIPTION FOR R-4 REZONE
PROPOSED OAKS SUBDIVISION
PARCEL A
A parcel of land boated b the N'/: of Sedan 33, T. 4N., R.1 W., B.M., Meridian, Ada
County, Idaho, more particulary described es toibws:
Commencing at the Northwest comer of the svb Section 33, from which the North •/
comer of said section beers South 89.18'58" East, 2835.26 feel; thence along the north
boundary of fhe NW Y. of saW section South 89°18'68" East, 1317.67 feet to the northwest
comer of the E'h of the NW •/, of sold section; thence abng the weal boundary of said E K of
the PIW'/.South 00°30'68" West, 702.16 feet to the POINT OF BEOINNINO;
thence con8nulrq South 00'30'58' West, 614.45 feet;
thence North 69°17'19` West, 89.90 teat
thence North 78'42'20` Weat 78.251eet
thence NorNr 09.26'49" Eest, 243.74 feet'
thence North 08°19'43" Eaet 356.40 feet;
thence North 70'50'59` East, 48.32 feet
thence South 31'53'05° East, 39.34 teal;
Stance North 58'08'Sb"East, 32.21 feet to the POINT OF BEOtNNINO. Contalninq
1.77 acres, more or bsa.
PARCEL B
A par~i of land boated bfhe E % and 6W Y. of Sedan 28, T. 4N., R.1W., B,M.,
Meridian, Ada County, Idaho, more peribulady described as totlowa:
Commencnq at the S Y. corner of the said Section 26, from which fhe Southwest
comer of said section bears South 89°78'58" West, 2835.25 feet thence along the South
boundary of saM secton South 89'18'45" East, 1317.68 feet thence North 00.3T35' East
656.30 feet to the POINT OF BEOfNNINO;
Thence North 89.22'25" West, 1372.28 feet;
thence North 88'18'25" West, 50.07 feet;
thence North 89.22'25' West, 285.00 feet
Oaks North and South Subdivisions - AZ-13-008; RZ-13-008; PP-13.013; PP-13-014 and MDA-13-015
PAGE 46
thence North 84.44'53" West, 185.52 feet;
thence North 89'61'38" West, 38.88 feet:
!hence North 40'08'26" West, 42.00 teat;
thence North 30'17'18" West, 42.00 feet;
thence South 67.17'44" West, 118.09 feet;
ttronoe South 84'38'48' West, 51.07 teat;
thence South 71.27'35' West 128.82 feet;
thence North 89'22'25" West, 560.00 feet;
thence North 74°04'30" Weal 51.84 feet;
thence North 89'22'25" West, 209.84 feet
thence North 22.58'21" Weal 133.60 feel;
Nrenoe North 10'22'38" Weat,102.43 feet;
thence North 16'28'05" West, 282.84 (eat;
Orence North 01.00'42" East 171.03 feet;
trance North 88.69'18` Weat, 324.54 feet
thence North 01.00'42' East, 774.71 feet;
thence South 80.21'17' East, 120.00 feet
thence South 68.2T39' East, 53.39 feet
thence South 89'21'77' East, 345.70 feat;
thence North 45.38'43` Eaat 14.14 feet;
Ehence North 00'38'43" East, 100.00 feet;
thence North 01°50'15" West, 26.02 feet;
thence North 00.38'43" East 425.00 legit;
theme South 89'21'17" Eaat 340.07 feet;
thence South 00.62'12' West,18.99feet;
Oaks North and South Subdivisions- AZ-13-008; RZ-13-008; PP-13-013; PP-13-014 and MDA-13-015
PAGE 47
thence South 89'14'34" East, 759.60 feet;
thence North 84.03'54" East, 27.84 feet;
thence South 08.63'48' Eest, 189.53 feet;
thence South 89'14'61" Eest 20.04 feet;
thence South 70'27'50' East, 26.84 feet;
thence South 81'00'03' East, 38.89 feet
thence South 88'60'13" East 85.67 feet;
thence South 88.14'58' East, 83.82 feet;
thence North 89'18'37" East 45.49 feet
thence South 70.07'47" Eest,10.88 feet
thence North 53'05'44' East 18,b3 feet
thence North 00.45'08' East, 24.901'eet
theme North 00'43'58' Eaat 825.84 feet;
ttronce South 7766'14' Eaet 1338.14 feet
i
thence South 00'38'34" West. 381.82 teat;
thence South 00.37'36" Weat 1879,46 feet to the POINT OF
ConteMlnp 180.08 acros, more or bsa.
REV ROVAL
BY --
UL 2 y 'LU17
MERIDIAN G~>dtr%-~"~~'-~
DEVELGPMEr~` °"=~~~
Oaks North and South Subdivisions-AZ-13-008; RZ-13-008; PP-13-013; PP-13-OI4 and MDA-13-015
PAGE 48
Mey 18,2013
DESCRIPTION FOR R-0 ZONE
PROPOSED OAKS SUBDIVISION
PARCEL A
A parcel of land bcated pt the SW'/, of Section 28, T. 4N., R.1W., B.M., Mertdlan, Ada
County, Idaho, more par8culady described as fo8oars:
Commenting at the Southwest wmer of the wkl Section 28, from which 818 SouBi'/.
corner of Wald wctlon bears South 89.18'68° Eest 2835.25 feet; thence along the West
boundary of saki secton North 01.00'42" Eaet 2089.88 feet to the POINT OF BEOINNINO;
thence cont(nuing abng wM Weat boundary North 01.00'42' East, 640.97 feet to the
northwest comer of veld SW Y. ;
thenoe abng the North boundary of ssid SW'/.South 88'21'17 Eaat, 671.05 feet;
ttu3nce South 00.38'43" West, 425.00 feet;
ttronce South 01'60'15" East, 26,02 feet;
ttufnce South 00°38'43" West, 100.00 }eat;
thence South 45°38'43" West, 14.14 teat
thence North 89°21'17' Weat, 345.70 feet;
thence North BB°27'39' West. 63.30 feel;
thence North 09.21'17" Weat b70.00 feet to the POINT OF BEOINNINCi, CoMatning
12.25 acres, more or less.
PARCEL 8
A parcel of land located M the NW'/. of Sactbn 33, T. 4N., R.iW., B.M.,
Meridian, Ada County, Idaho, more parpcularly described ac follows:
BEOINNINt'3 at the Northwest comer otthe said Section 33, from whkh Ste North Y.
comer of said secton bean South 80'18'60' Eaet 2035.25 feet;
thence along the North boundary of wkl section South 89°18'60' East, 043,51 feet;
thence South 00°43'02" West, 502.76 feet
thence North 89.27'21 "West, 041.98 feet to a point on the westedy boundary of sold
NW 1/4;
Oaks North and South Subdivisions- AZ-13-008; RZ-13-008; PP-13-013; PP-13-014 and MDA-13-015
PAGE 49
thence North 00'32'39` East along said westerly boundary, 504.70 feet to the POINT
OF BE6INNINO. Containing 7.43 acres, more or bss.
PARCEL C
A parcel at land bcetad In the N 14 of Sectbn 33 and the S X of SecBon 28, T. 4N.,
R.1W., B.M., Merkiien, Ada County, Idaho, more partkwlady described as follows:
Commendng at the Northwest corner of the said Sed'ran 33, Fran which the Nortlr'/•
corner of caW section beam SouBt 89.18'58" East, 283b.26 feet; thence along the NoAh
boundary of said asctbn South 89'18'66' East, 918.52 feat to the POINT Of BEOINNINO;
thence North 00'42'28" East, 598.72 feat to a point of curvature;
thence 71.77 feet sloop the arc of a curve to the right, eakl curve having ^ radius of
300.00 feet, a deka angle of 19.42'28", and a bog chord bearing North 07.33'42" Eaat, 71.80
feet;
thence South 89.22'25" East, 209.94 feet;
thence South 74'04'30' Eeat, b1.84 feet;
thence South 89°22'2b" East, 550.00 feet;
thence North 71'27:35` Eaat,128.82 feet;
thanes North 84'38'49' East, 51.07 feet;
thence North 87.17'44" Feat, 118.09 feet;
thence South 30'17'10" Eaat, 42.00 teat;
thence South 40'08'2b" East, 42.00 feet;
thence South 89'b1'38" Eaat, 38.88 feet;
thence South 84'44'63"East, 185.52 teat;
thence South 89'22'25" East, 285.00 feet;
thence South 88.18'26" East; 60.07 feet;
thanoa South 89.22'26" Eeat, 1372.28 teat;
thence South 00.37'35" Weat, 868.30 feet to a print on fha North boundary of the saM
Sec0on 33;
thence leaving Bald north boundary South 00.28'24" West, 761.22 feet;
9rence North 69°31'38" West, 60.00 feet;
Oaks North and South Subdivisions- AZ-13.008; RZ-13-008; PP-13-013; PP-13-014 and MDA-13-015
PAGE 50
thence South 85'08'33" West, 68.82 feet;
thence South 87'b3'29" Wut, 881.15 feet;
thenoe North 88'21'57" West 74.91 feet;
thence North 78'05'16" West, 75.00 feet
thence North 86.00'48" West, 76.00 feet;
thence North 68'05'04" Weat 78.26 teat
thence North 45.02'43' Weat, 83.43 teat;
thence North 38'44'67' Weat, 70.80 Nat;
thence North 29'48'22' Weet, 7b.02 teat
thence South 68'67'32" West 1li9.20 feet to a point on a curve;
thence 121.88 feet abng the arc of aran-tangent curve to the kft, uid curve having a
radius of 300.00 feet, a deMa angle of 23'18'24', and a bng chord bearMg North 48'33'39'
Weat, 121.02 feat to a point on a ems;
thence 22.74 feet abng the aro of a non•tangent arw to the ripM, uld curve haNrp e
radius of 400.00 feet, a dsNa angle of 03'16'28', and a bn9 drord beadng South 33.28'05'
Weal, 22.74 Net to a polrtt of compound curvature;
thenoa 201.40 feet abrrp me aro o} s curve to the rlpM, uld curve having a ndlua of
300.00 feet, a deka angb o} 55'39'16", end a long chord bsadnp South 82'63'25' West
260,08 feet to a point o} tangency;
thence North 80'18'58" Weat, 221.68 teak
thence North 00'43'02' East 46.00 teak
8rence North 89.18'58' West, 806.00 feet;
Ytence South 76.35'33" West, 44.23 Net;
thence South 58.08'65" West, 80.02 Net;
thence North 31'53'05' West, 39.34 feet to a poMt of curvature;
thence 209.76 Net abng the aro of a curve to the bft, said curve having s rediua of
400.00 test, a delta angle of 30'02'40", and a bnp chord bearing North 40'64'26" West,
207.36 feet;
Oaks North and Sauth Subdivisions- AZ-13-008; RZ-13-008; PP-13.013; PP-13.014 and MDA-13-015
PAGE 51
thence North 00.43'02" East, 548.81 feet to a point on the North boutMery of aatd
Ssctbn 33;
thence ebng saM boundary Norfh 89'18'58' 1Nest, 200.00 feet to the POINT OF
BEGINNING. Contalnlrp 82.31 aaea, more or bea.
t1Y~ ROVAI
~u~ z 5 zul~
MER+(7(A ' L('al~eAUNI i
DEVcL'iFi.aNT Dc'?T.
Oaks North and South Subdivisions- AZ-t3-008;122-13.008; PP-13.013; PP-13-014 and MDA-13.015
PAGE 52
May 18, 2013
DESCRIPTION FOR R-19 ZONE
PROPOSED OAKS SUB011IISION
PARCEL A
A parcel of land bceted In the SW Y, of SacBon 28, T. 4N., R.1 W., B.M., Merld'isn, Ada
County, Idaho, more pertbuledy described as fogowa:
BEOINNINO at the Southwest corner of the cab SecBon 28, from which the South Y.
corner of said aecdon beam South 89'18'68' Eest, 2835.26 feet;
thence abng the Weat boundary of saki SW'/.North 01'00'42" East,1315.47feet;
thence South 89'18'59" Eeat, 460,00 feet;
thence South 88.69'18" Eest, 324.64 feet;
thence South 01'00'42" West, 171.03 feet;
thenq South 16.28'05" East, 282.84 teat;
thence South 10.22'38" Eas4102.43 feet;
therwe South 22'68'21" East, 133.60 feet b a point on a curve;
thence 71.77 feet akmp the arc of a noMangent curve b the bR, sakJ curve havkry a
radius of 300.00 fast, a delta angle of 13'42'28", and a bng chord bearkp South 07'33'42'
West, 71.ti0 feet b a point of tangency;
thence South 00.42'28" Wit, 698.72 feet;
thence Nath 99.16'60' West, 918.62 foot to fhe POINT OP BEOINNINO. Containing
28.32 acres, more or bss.
PARCEL B
A parcel of land boated b the NW Y. of Section 33, T. 4N., R.1 W., B,M., MbrMlan, Ada
county, Idaho, more perttariarly descdbed as fobNa:
Commendng at the Northwest corner of 8re said Sacdon 33, from which the North Y.
comer of said section bears South 89"18'58" Eaet, 2635.25 feet: thence along the West
boundary of saki sectbn South 00'32'39' Weet, 604.70 feet b the POINT OF BEOINNINO;
Thence South 09.27'21' East, 932.00 fast b a point of curvature;
Oaks North and South Subdivisions- AZ-13-008; liZ-13.008; PP-13-013; PP-13-014 and MDA-13-0t5
PAGE 53
thence 401.92 teat abng the arc of a curve to the right, acid crave havktg a radius of
400.00 feat, a delta angle of 57'34'18", end a bng chord bearhg South 80'40'13' East,
385.23 feet;
thence South 70'60'69" West, 48.32 feet;
thence South 08.19'43" Weat, 358.40 feat;
thence South 09.28'49" Weat, 243.74 feet;
thence North 78'42'20" West, 1181.12 feet to a point on Bre West boundary of uid
Secton 33;
thence abng said Weat boundary North 00.32'39" Eaat, 637.87 feet to Bre POINT OF
BEOINNINO. Containing 18.34 scree, moro or leas.
PARCEL C
A parcel of land boated in the NE'/. of SecBon 28, T. 4N., R.1 W., B.M., Meridian, Ada
County, Idaho, more par6culady described ae toNows:
Commencklg al the S Y. comer of the said Section 28, Gam which Hie tioutlnveat
comer of said aeotbn baste South B9' 18'68" West, 2896.26 test thence abrq the South
boundary o} saW aac8on South 89'18'45' East, 1317.88 feet; thence Nodh 00.37'35' East,
2835.78 feet; thence North 00.36'34" East, 214.87 feet to the POINT OF BEOINNINO;
Thence conOnNng North 00.38'34" East, 444.28 feet;
thence South 89'22'11' East, 17b.08 teat;
thence South 00'29'20" West, 230.00 feet;
thence South 89.22'02` Esst,1138.34 test to a point on rite East boundary of the said
Seotbn 28;
thence abng sold boundary South 00'20'20" West, 214.84 feet;
thence North 88.21'07" West, 1312.38 feet b the POINT OF t3E01NNIN0. Containkp
7.39 acres, moro or feu,
~REVI ROVAL
sv UL 2 5 2013'
Oaks North and South Subdivisions- A7_-13-008; RZ-13-008; PP-13-013; PP-13-014 and MDA-13-015
PAGE 54
May 18, 2013
DESCRIPTION FOR LA ZONE
PROPOSED OAKS SUBDIVISION
A parcel of lend bceted In the NW Y. of Sedbn 33, T. 4N., R.1W., B.M., Merldlan, Ads
County, Idaho, more pardcuhrty described ae tolbws:
Commenting at the Northwest comer of the said Sedbn 33, from which 8re North Y.
comer of said seo6on bears South 89'18'!;8' Eaat, 2836.26 Teat; thence along the North
boundary of sekl section South 89.18'46` East, 843.61 feet to 81e POINT l]F BEOINNINO;
thence cantinuing abng Bald North boundary South 89.18'68" Eaat, 476.01 feat;
thence South 00"43'02" West, 648.61 feet to a point on a curve;
thence 192.17 test abnq the arc of anon-tarpent curve to tits bft, avid curve havkp ^
radius of 400.00 feet, a daka arpb of 27'31'38", and a bng chord bearing North 76'41'33'
Weat,190.33 test to a point of tangency;
thence North 89.2721" West, 290.01 feel;
fence North 00.43'02" East, 602.76 feet b ~e POINT OF BEOINNIPIO. CoMalnln9
6.64 saes, more or bsa.
REVI PROVgL
BY
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1:1ERIbigN COS4MUNI7Y
UEVELOF ?_l~T OEPT.
Oaks North and South Subdivisions- AZ-13.008; RZ-73-008; PP-t3-013; PP-13-014 and MDA-13-015
PAGE 55
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Oaks North and South Subdivisions- AZ-13.008; RZ-13-008; PP-13-013; PP-13-014 and MDA-13-O15
PAGE 56
D. Required Findings from Unified Development Code
1. Annexation and Rezone 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, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The applicant is proposing to annex and/or rezone approximately 434.81 acres to the L-O, R-
4, R-8, and R-15 zoning districts. The Council finds that the proposed map amendment is
generally consistent with the MDR and Office FLUM designations for this property. The
Council finds the amendment is consistent with the applicable provisions of the
Comprehensive Plan (see section VII above).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed map amendment to the L-O, R-4, R-8 and R-15 zoning
districts is consistent with the purpose statements for commercial and residential districts as
detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. City utilities will be extended at the expense of the applicant. The
Council considered all oral or written testimony that was provided to determine this finding.
d. 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,
The Council finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
The Council finds the annexation and rezoning of these properties with an L-O, R-4, R-8 and
R-]5 zoning districts is in the best interest of the City if the applicant enters into a
development agreement and adheres to the recommended development agreement provisions
in Exhibit B.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The Council finds that the proposed plats are in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation. Please see
Comprehensive Plan Policies and Goals, Sectron VII, of the Staff Report for more
information.
Oaks North and South Subdivisions- AZ-13-008; RZ-13-008; PP-13-013; PP-13-014 and MDA-I3-OIS
PAGE 57
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
If the applicant constructs a lift system and extends the water mains as required by the
Public Works Department, the Council finds that public services will be provided to the
subject property upon development. (See Exhibit B of the Staff Report for more details
from public service providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because City water and sewer and any other utilities will be provided by the development
at their own cost, the Council finds that the subdivision will not require the expenditure
of capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
The Council relied upon comments from the public service providers (i.e., Police, Fire,
ACHD, etc.) to determine this finding. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general
welfare; and
The Council is not aware of any health, safety, or environmental problems associated
with the platting of this property. ACRD and ITD consider road safety issues in their
analysis. The Council considered all public testimony that was presented to determine if
the proposed subdivision may cause health, safety or environmental problems.
f: The development preserves significant natural, scenic or historic features.
The Council is unaware of any natural, scenic or historic features on this site. Therefore,
the Council finds that the proposed development will not result in the destruction, loss or
damage of any natural, scenic or historic feature(s) of major importance. The Council
referenced all public testimony that was presented to determine whether or not the
proposed development may destroy or damage a natural or scenic feature(s) of major
importance.
Oaks North and South Subdivisions- AZ-13-008; 12Z-13-008; PP-13-013; PP-13-014 and MDA-13-015
PAGE 58