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HomeMy WebLinkAboutCC - Memo from Applicant 601 W. Bannock Street PO Box 2720 Boise, ID 83701 Telephone: 208-388-1200 Facsimile: 208-388-1300 www.givenspursley.com Gary G. Allen Christopher J. Beeson Jason J. Blakley Clint R. Bolinder Jeff W. Bower Preston N. Carter Jeremy C. Chou William C. Cole Michael C. Creamer Amber N. Dina Bradley J. Dixon Thomas E. Dvorak Jeffrey C. Fereday Martin C. Hendrickson Brian J. Holleran Kersti H. Kennedy Neal A. Koskella Debora K. Kristensen Michael P. Lawrence Franklin G. Lee David R. Lombardi Kimberly D. Maloney Kenneth R. McClure Kelly Greene McConnell Alex P. McLaughlin Melodie A. McQuade Christopher H. Meyer L. Edward Miller Patrick J. Miller Judson B. Montgomery Emily G. Mueller Deborah E. Nelson W. Hugh O’Riordan, LL.M. Randall A. Peterman Jack W. Relf Michael O. Roe Jamie Caplan Smith P. Mark Thompson Jeffrey A. Warr Robert B. White Kenneth L. Pursley (1940-2015) James A. McClure (1924-2011) Raymond D. Givens (1917-2008) MEMORANDUM TO: Meridian City Council FROM: Gary G. Allen and Jeffrey W. Bower RE: H-2018-0075 DATE: September 27, 2018 We submit this Memorandum on behalf of Joint School District No. 2 (“School District”), in support of the School District’s application to annex and re-zone 108.6 acres of land (the “Property”) and for a conditional use permit to construct and operate a public high school on 66 acres of the Property (the “Project”). The School District’s Project is necessary to address growth and relieve the City’s current high schools from significant overcrowding problems. The School District’s application is comprehensive and outlines all of the criteria and reasons annexation is proper and the conditional use permit should be granted. This memorandum will not repeat those reasons. Instead, the purpose of this memorandum is to update the Council on the hearing before the City’s Planning and Zoning Commission (the “Commission”), developments following the hearing before the Commission, and conditions of approval that would be acceptable to the School District. Given the scope of the Project and its importance to the community, the School District is requesting 30 minutes to present the Project to the Council. The School District will make this request again at our October 2nd public hearing. On September 6, 2018, the Commission recommended denial of the Project because of a perceived patchwork annexation path and because the Project did not propose a second public access.1 We request the Council reject the Commission’s recommendation and approve the Project. Approval is proper under the circumstances because: (1) annexation is warranted and the Property is an appropriate location for the Project; (2) the School District has worked collaboratively to provide a second public access to the Property from McMillan Road as requested by the Commission; and (3) the School District has offered reasonable solutions to issues raised by the Staff, the Commission and the public. 1 September 6, 2016 Planning and Zoning Commission Video at 2:18:24. Meridian City Council September 27, 2018 Page 2 I. BACKGROUND AND PROJECT FACTS The School District is a public school district whose boundaries include the City of Meridian. In November of 2017, the School District’s Board of Trustees authorized a bond election to fund a future high school in the district. In preparation for the bond election, the School District convened a committee of parents and administrators representing all 54 of the District’s schools. The committee selected the Property as the best site for the new high school. The considerations included: • Current and worsening overcrowding at Rocky Mountain High (639 students over capacity)2 and Eagle High School (271 students over capacity)3; • The rapid rate of growth within the City, including 14,000 approved but unoccupied units within the School District’s boundary, representing approximately 11,000 new students; • The need for a large, undeveloped parcel; and • Stewarding public funds wisely by buying lower cost land. The School District prepared a newsletter and a PowerPoint presentation to inform City leadership and voters about the bond election and planned high school. These materials were widely circulated and clearly informed voters that the proposed high school would be located near the northwest corner of Ustick and McDermott on the Property. Figure 1 below is an excerpt from the Spring 2018 edition of the West Ada School District News and Figure 2 is a slide from the School District’s West Ada bond education materials. 2 September 6, 2016 Planning and Zoning Commission Video at 23:25. 3 September 6, 2016 Planning and Zoning Commission Video at 23:19. Figure 1 Meridian City Council September 27, 2018 Page 3 The bond election was successful. Approximately 67.3% voted in favor of the bond to fund the much needed high school on the Property. At that point, the community’s expectations could not have been clearer: a new high school is needed now, it would be built on the Property and permitting and construction would begin immediately. On June 28, 2018, the School District submitted the pending application to move forward with construction of the high school approved by voters. The application requests an annexation and rezone and a conditional use permit as detailed below. A. Annexation The application proposes annexing the Property into the City and rezoning the Property from Rural Urban Transition to R-8. The Property is located in the City’s area of impact. The Property’s eastern edge is contiguous with land already Figure 2 Figure 3 Meridian City Council September 27, 2018 Page 4 annexed into the City. The City’s Future Land Use Map designates the Property as Medium Density residential and the requested R-8 designation is consistent with this designation.4 The Future Land Use Map also designates a school site on the Property.5 See Figure 3. At this time, the School District is only proposing development of approximately 66 acres of the Property. B. Conditional Use Permit Within the City’s R-8 zoning district, a public educational institution requires a CUP if the school has lighted fields, generates more than 1,500 vehicle trips per day, or takes access from a collector without improved pedestrian and bike access.6 In this case, the Project includes lighted fields will generate more than 1,500 vehicle trips per day, and takes access from a collector without improved pedestrian and bike access; thus, a CUP is required. Not all of the Property is subject to the CUP application. Only 66 acres of the Property is subject to the CUP application (the “CUP Property”). Figure 4 generally depicts the CUP Property. The CUP Property is the only property that the School District has proposed to develop. 4 Staff Report at 4. 5 Staff Report at 4. 6 UDC § 11-2A-2 and UDC § 11-4-3-14-E(2)-(3). Figure 4 Meridian City Council September 27, 2018 Page 5 II. PLANNING AND ZONING COMMISSION’S ACTION On September 6, 2018, the Project came before the Commission. At the hearing, staff recommended denial of the Project.7 The Commission took testimony from the School District, citizens, and police and fire officials. During the Commission’s deliberations, staff informed the Commission that it had prepared draft conditions of approval (the “Draft Conditions”), which were then provided to the Commission and the School District.8 The Commission recessed to review the Draft Conditions, but ultimately voted to recommend denial of the Project because of concerns about a “patchwork of annexation” and safety concerns raised by fire and police due to the absence of a secondary public access.9 The City Council should not follow the recommendation of the Commission. The patchwork annexation concern is simply incorrect, and the absence of secondary public access has been remedied. III. THE COMMISSION’S CONCERNS ARE UNFOUNDED A. Patchwork Annexation The patchwork annexation concern has no basis. The Project is not “leap frog” development nor does it cause sprawl as suggested by the staff report 10. The Project and its location represents calculated educational infrastructure planning. It is unsurprising that a new high school designed to relieve current overcrowding and serve anticipated growth would be at the current urban edge, particularly in a city growing like Meridian. Furthermore, the Property is contiguous with the City.11 It connects with The Oakes to the west of the Property, a large scale residential development. Currently, The Oakes is final platting 98 single family lots immediately adjacent to the Property on the east side of McDermott.12 Directly north of the Property, on the west side of McDermott, an application for annexation and residential development is imminent.13 Meridian’s development is moving to the northwest. For 7 September 6, 2016 Planning and Zoning Commission Video at 11:45–20:49. 8 September 6, 2016 Planning and Zoning Commission Video at 1:36:30 (“If Commission decides to, or would like to consider recommending, approval of this project, staff has prepared draft conditions of approval.”). 9 September 6, 2016 Planning and Zoning Commission Video at 2:18:24 (Commissioner Yearsley: “After considering all staff, applicant, and public testimony, I move to recommend denial to City Council of file number H-2018-0075 as presented in the staff report for the hearing date of September 6th, 2018 for the following reasons. One, for the patchwork of annexation that it can provide in the future. Two, they don’t have a secondary access, particularly to McMillian with a signal and safety concerns because of that due to fire and police.”). 10 See e.g. Staff Report at 5 and 8. 11 See Figure 5 illustrating the Ada County Assessor’s mapping of the Meridian City limits in grey. 12 See FP-2018-0049 and FP-2018-0050. 13 September 6, 2016 Planning and Zoning Commission Video at 1:19:32 (Deputy Chief Bongiorno: “The development to the north … we have met with them, they are in the process of working to resubmit that property…”). Meridian City Council September 27, 2018 Page 6 instance, the recently approved Costco and Lost Rapids projects and the recently constructed Mormon Temple are all extending the City and residents to the northwest. Developers recognize this and large scale projects are slated for the McDermott corridor such as the Central Valley Plaza.14 Owyhee High School is strategically placed to serve this growth. As to services, the Project will provide a tremendous benefit to the City by extending sewer and water service to valuable development property to the west. The Project will also be making significant and needed transportation infrastructure improvements that will benefit the City’s residents for years to come. B. Second Public Access. The Commission’s primary reason for recommending denial was a perceived lack of access to the Project.15 As originally submitted, the Project included one public access off Ustick via the mid-mile collector and a second emergency access from McDermott. Following the September 6th hearing before the Commission, the School District has worked collaboratively with the landowner to the north and City staff to secure a second public access to the Project from McMillan. Accordingly, the School District accepts, with minor modifications, staff’s recommendation in the Draft Conditions that no certificate of occupancy be granted for the school buildings until the north/south mid-mile collector between McDermott and Star runs from Ustick to McMillian. This condition adequately addresses the access concerns raised by City fire, City police, and the In connection with the development to the north of the Property, it is the School District’s understanding that the developer is working with the fire department to site a new fire station as well. 14https://www.ktvb.com/article/news/local/medical-campus-senior-living-planned-for-new-ada-county- development/277-597931464. 15 Supra note 2; see also September 6, 2016 Planning and Zoning Commission Video at 1:39:44 (Commissioner Yearsley: “I can’t go against what police and fire have said. We need a secondary public access. Not a secondary fire access.”). Figure 5 Meridian City Council September 27, 2018 Page 7 Commission and warrants approval of the Project.16 Attached as Exhibit A is a Memorandum of Understanding with Trilogy Development, Inc. documenting the parties’ commitments to construct the mid-mile collector to McMillan. Our understanding is Trilogy will have a pre- application meeting with the City in the near future to annex and zone the land immediately north of the Property and west of McDermott. IV. DRAFT CONDITIONS Following the September 6th hearing, the School District had an opportunity to review staff’s Draft Conditions. The School District also met with staff and the City fire officials to discuss the Draft Conditions. The majority of the Draft Conditions are acceptable to the School District. A redline version of the Draft Conditions that are acceptable to the School District is attached to this memorandum as Exhibit B. Based on discussions with staff, it is our understanding that the Schools District’s revisions to the Draft Conditions have been reviewed and largely approved by staff. However, a few issues with the Draft Conditions remain outstanding and up for the Council’s consideration; these include: (A) offsite construction of sidewalks; and (B) construction of an access road to serve parcels east of the Property. A. Offsite Sidewalks. The staff report and the Draft Conditions recommend requiring the School District to construct significant stretches of offsite sidewalks to the Property from neighboring residential subdivisions, namely The Oaks and Jaydan Village. In lieu of building these offsite improvements, the School District has planned and budgeted to provide safety bussing to all of the future school’s students regardless of their proximity to the Property. In meetings with staff following the September 6th hearing, staff has reviewed the safety bussing plan and has preliminarily approved the plan in lieu of offsite sidewalk construction. Exhibit A reflects and incorporates the School District’s plan and commitment to provide safety bussing. B. Access to Woodside Property. Woodside Avenue Investors, LLC, a California company, (“Woodside”) submitted written comments on the Project through its lawyer. Woodside owns 40 acres east of the Property on the northwest corner of Ustick and McDermott (“Woodside Property”). Woodside’s lawyer insists that the School District, with the public’s money, construct a 50-foot wide access road from the north/south collector to the Woodside Property (“Woodside Access Road”) for the benefit of Woodside. This is unacceptable and there is no basis for this in any applicable city code section, statute, or policy manual. 16 See e.g. September 6, 2016 Planning and Zoning Commission Video at 1:13:37: Commissioner Yearsley: If they actually extended that street to the north … [to McMillian] that would satisfy your concerns… and you’d be comfortable accepting this application? Lieutenant Colaianni: Yes. Meridian City Council September 27, 2018 Page 8 At this time, the School District has no plans to develop any of the land south of the CUP Property, which is the “South Parcel” as depicted in Figure 4. Furthermore, the School District has no present need or use for the Woodside Access Road. Much of Woodside’s arguments are premised on ITD’s plan to extend State Highway 16, which may bisect the Woodside Property. However, the extension of State Highway 16 is not funded and the plans are not finalized. Woodside also contacted commenting agency ACHD in an effort to have ACHD recommend the School District construct the Woodside Access Road. These efforts were not successful. ACHD’s staff report on the Project notes that Woodside has “raised concerns regarding access to their site after the construction of SH-16….”17 However, ACHD does not recommend the construction of the Woodside Access Road. Instead, ACHD notes that ITD, in connection with any future expansion of SH 16 will “construct a network of local street to provide access to parcels impacted by the extension of the highway” and that “a local street is proposed abutting the [Woodside Property]” that will intersect with Ustick west of McDermott.18 ACHD included a map of the future local street that will be constructed if SH 16 is eventually extended, which is Figure 6.19 Figure 6 ACHD does suggest that the City consider establishing a right of way easement through the South Parcel for additional access opportunities to the Woodside Property 20 and recommends that the City require the School District provide access to the Woodside Property.21 The School District has no objection to granting Woodside such an easement and proposes to impose such an obligation on the School District in Section G of the Development Agreement in Exhibit A. 17 ACHD Staff Report at 22. 18 ACHD Staff Report at 22. 19 ACHD Staff Report at 22. 20 ACHD Staff Report at 24. 21 ACHD Staff Report at 25. Meridian City Council September 27, 2018 Page 9 Section G provides a reasonable and practical solution to Woodside’s perceived access problems. Under the Section G condition, the School District agrees to dedicate the right-of-way for a local street to the boundary of the Flower parcel as depicted in Figure 7 and the first owner to develop the South Parcel, the Flower’s Parcel, or the Woodside Parcel will construct the Woodside Access Road. V. CONCLUSION The School District has proposed a Project that is vital to the education of the City’s children. The Project meets all of the City’s applicable criteria for annexation, rezoning, and for a conditional use permit. In addition, following the Commission’s recommended denial of the Project, the School District has worked tirelessly with City staff and neighboring landowners to address the Commission’s concerns. For these reasons, the School District requests that the Council approve the Project. Figure 7 Meridian City Council September 27, 2018 Page 10 EXHIBIT A Memorandum of Agreement Meridian City Council September 27, 2018 Page 11 EXHIBIT B Conditions of Approval – Redline Meridian City Council September 27, 2018 Page 12 Meridian City Council September 27, 2018 Page 13 Meridian City Council September 27, 2018 Page 14 Meridian City Council September 27, 2018 Page 15 Meridian City Council September 27, 2018 Page 16 Meridian City Council September 27, 2018 Page 17