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Victory Middle School AZ 14-006ADA COUNTY RECORDER Christopher D. Rich BOISE IDAHO P91=50 LISA BATT 2014-086342 MERIDIAN CITY 10/23/201411:00 AM NO FEE �0 336321400834:05000 00033363201400883420b00506 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Joint School District #2, Owner/Developer 'DI DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this DI day of CC",Pj✓ , 2014, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and Joint School District No. 2, whose address is 1303 E. Central Drive, Meridian, ID 83642, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer 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", 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 § 67-6511A provides that cities may, by ordinance, require or permit as a condition of 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 11-511-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of 28.64 acres described in Exhibit "A", requesting a designation of R-4 (Low Density Residential) zoning districts under the UDC, which generally describes how the Property will be developed and what improvements will be made; and 1.5 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 Property will be developed and what improvements will be made; and DEVE[APMENT AGRREmmT— VICTORY MIDDIE SCHOOL (AZ 14-006) PAGE 1 OF 9 1.6 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 2nd day of September, 2014, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, 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 goverment 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 UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the Stats of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREE vmNT - VICTORY MIDDLE SCHOOL (AZ 14-006) PAGE 2 off 9 3.2 OViNER/DEVELOPER: means and refers Joint School District No. 2, whose address is 1303 E. Central Drive, 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 zoned Low Density Residential District (R-4) 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 the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Access to the site is restricted to those access points shown on the site plan in the Staff Report attached to the Findings of Fact and Conclusions of Law (Exhibit B) and approved as part of this application. b. Future development of this site shall be generally consistent with the site plan and building elevations shown in the Staff Report attached to the Findings of Fact and Conclusions of Law (Exhibit B). c. Removal of all structures shall take place prior to issuance of building permits. d. The owner/developer shall provide sufficient street lighting at the intersection of Stoddard Road and Kodiak Drive to improve pedestrian safety. e. The owner/developer shall provide a pedestrian crossing of the bus circulation road to provide access from the school building to athletic fields to the north as recommended by the Traffic Impact Study (TIS). f. The owner/developer shall provide the following on -sits traffic management measures as recommended in the TIS. 1. Parent outreach identifying the access and circulation routes. 2. Signing to ensure the drop-off/pick-up circulation pattern is easily indefinable and the potential for wrong -way traffic is minimized. DEvELoPMENT ACREEnrHrqT - VicroRY Mroom SCHOOL (AZ 14-006) PAGE 3 of 9 3. On-site traffic management staff during drop-off/pick-up times to ensure the area operates safely and efficiently. 4. Observe drop-off/pick-up activity to make sure it does not occur in non -designated areas off-site or on-site. g. The owner/developer shall manage onsite vegetation to maintain adequate site distance north on Stoddard Road from Kodiak Drive; and ensure obstructions are not placed in the sight lines that restrict intersection site distance and maintain vegetation to ensure sight distance continues to be adequate in the future as recommended by the TIS. h. The Meridian School District shall use crossing guards at key roadway crossing locations as recommended by the TIS. i. Prior to occupancy of the school the applicant shall construct a HAWK crossing on Stoddard Road near Kodiak Drive and school flashers on all four legs of the Stoddard/Kodiak intersection per Ada County Highway District's (ACHD) recommendation. j. Long term bussing and safety bussing shall be provided based on the attached map in Exhibit A.5 of the Staff Report attached to the Findings of Fact and Conclusions of Law (Exhibit B), as agreed to by the owner/developer. k. The owner/developer shall install a HAWK pedestrian crossing (and associated improvements) on Stoddard Road near Kodiak Drive. 1. The owner/developer shall install school zone flashers on all 4 legs of the Stoddard/Kodiak intersection. m. The owner/developer shall provide a $40,000 road trust for the cost of the hardware for a future HAWK on Linder Road near Kodiak Drive. (ACHD will pay for the design and construction ($70,000). n. The owner/developer shall provide a $29,000 road trust for the cost of school zone flashers on Linder Road near Kodiak Drive. o. The owner/developer shall provide a $40,000 road trust for the cost of the hardware for a future HAWK on Victory Road near Stoddard Road. (ACHD will pay for the design and construction ($70,000). p. The owner/developer shall provide a $29,000 road trust for the cost of school zone flashers on Victory Road near Stoddard Road. q. The school district, ACHD, and the City shall meet to discuss funding mechanisms for the future development of sidewalks necessary in this area (as well as other areas) to provide safe pedestrian access to/from the school site(s). 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. DEvELOPMENT AGREEMENT - VICTORY MIDDLE SCHOOL (AZ 14-006) PAoE 4 op 9 DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/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 in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement 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 of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City DEYELAFMENT AGREEMMENT- VICTORY MIDDLE SCHOOL (AZ 14006) PAGE 5 OF 9 ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer 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 agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: Joint School District No. 2 1303 E. Central Drive Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEvaLopmmT AGREEMENT - VICTORY MIDDLE SCHOOL (AZ 14-006) PAGE 6 oP 9 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer 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, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEvELGPMENT AGREHNIIIVT - VICTORY MIDDLE SCHOOL (AZ 14-006) PAGE 7 oA 9 . 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: CITY OF MERIDIAN By: Marf eo.,,u) DEvELOFMENT AGRaEmENT- VICTORY MIDDLE SCHOOL (AZ 14-006) PAGE 8 OF 9 STATE OF IDAHO ) ss: County of Ada, On this -94-- day of 040bCV , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Bruce Ge4r i V1 , known or identified to me to be the e) yLleodejiof Joint School District No. 2, and acknowledged to me that he/she executed the same on behalf of said School District. 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) "0' C%N ..:�Uiji .• (� q�J �OTARp 96A, AUBVL jr OF STATE OF IDAHO ) ss County of Ada Notary Public for Idaho Residing at: My Commission Expires: -27- /S On this day of OQ bDbe- ✓ , 2014, before me, a Notary Public, personally appeare and Jaycee L. Holman, know or identified to me to be the �and Clerk res i�flv y 1 y of Meridian, who executed the instrument or the person execu ch a instrument of behalf of said City, and acknowledged tome 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. (SEAL) ��jSlpT R�• f'tlBt1G; �� •sees*• Nota`ryJPu'ic for Ida Residing at: --L1 Commission expires: DEVELOPMENT AGRmmENT — VICTORY MIDDLE SCHOOL (AZ 14-006) L PAGE 9 of 9 EXHIBIT A nnexWon LAW Descrk tp Ion Joint School District No. 2 Stoddard Property Parcel 2 A:psrrellocatod In the Seat%atthe W% of Section 24, Township 3 Norah, Range 1 West, Sol"f4erldlan;. Ada County, Idaho, more particularly deaaltiadas follows Thence $,0051"287W along the easterly boundary of sold NW rV4 a dhrtancoof 2634.09;111991, to a Braga Ca;p', marking the porlheastoomerof SW Y, and the PofNT GF BEhINNINO; Thence 8 0°51'28* W along the seatsboundoryufsald SIN % a-rlfalame pr2409 feet to 0416 inch, diameter Iron pin end ta the centedina Wast xodaak Orwa; Theme leaving:ssld easterly boundary N 80°05'52` W along sold centerline a distance of 231.63166tto'a US Inch diameter lmn pin; Thome along said centedlne'N 14133.26` R distance of 6,110 feet to a 6/8 Inch diameter iron plpx_ Thence leavingsaid cenloolneN 60136111'E a distance of 25.100 feet toa 5/8 inch dimer Ironpint Thorpe N 46000'23' E a dletame, of 10103 feet to a 6/8 Inch diameter lion pin Theme N 17"11'3Y E a dls%nce of 222.0 feet to a 6/0 Inch diameter Iron 0: Trance N 0051'29' F a distance of'103.29feet to a,618 inch dlameter:lron.pin; Thence N 46"Mit" E a distance of 94.19 feet to a 0 Inch diameter Iron pin on the northerly boundary of the BE Y� of the NW U; Ttience,s 89017''19" E along the said northerly boundary a distance of 766,00 Met to a 6/9 inch diamster Irbil pin marking the northeastcomer of the SE M of the NW Y.; Theme S, 051129' W along the watery boundary of sold NW Y, a diolarpe of 1317.48 feet to the POINT, OF BEGINNING: This porcel contains 211,64 acids and issublect to any easements oAgIll i; onto ust VlocenkBioinmer, PLS: Lind Bolutions,;K July 10,, 2614 oil aluva"s. Victory Middle School — AZ 14-006 sio"ard Pro"NPPA reb1 ;1� CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER IDIAN�--- DAHC In the Matter of the Request for Annexation and Zoning of 28.64 Acres of Land with an R-4 Zoning District; and Conditional Use Permit for a Public Education Institution in an R-4 Zoning District for Victory Middle School, Located at 2045 S. Stoddard Road, by the Joint School District No. 2. Case No(s). AZ -14-006; CUP -14-003 For the City Council Hearing Date of: August 19, 2014 (Findings on September 2, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 19, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 19, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 19, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 19, 2014, 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 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by 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 § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-006; CUP -14-003 -1- 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 19, 2014, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation & zoning is hereby approved with the requirement of a development agreement per provisions in the attached Staff Report for the hearing date of August 19, 2014, attached as Exhibit A. 2. The applicant's request for a conditional use permit is hereby approved per the conditions of approval in the attached Staff Report for the hearing date of August 19, 2014, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title I I(UDC 11-513-617). 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 11-513-313). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-317). 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-006; CUP -14-003 -2- 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 may be 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 property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of August 19, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-006; CUP -14-003 -3- By action of the City Council at its regular meeting held on the day ofg , 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED U,"'9k, COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED "' COUNCIL MEMBER JOE BORTON VOTEDu COUNCIL MEMBER LUKE CAVENER VOTED R: { Attest: 11 0 1, i Jaycee Halman + r, 4 i • � h . �r City Clerk Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. Bye Dated: City erl spfflce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-006; CUP -14-003 -4- EXHIBIT A STAFF REPORT Hearing Date: August 19, 2014 CfE F,1DIAN TO: Mayor & City Council O FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: AZ -14-006; CUP -14-003 —Victory Middle School I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Joint School District No. 2, has submitted an application for annexation and zoning (AZ) of 28.64 acres of land with an R-4 zoning district. A conditional use permit (CUP) is also proposed for a public education institution (middle school) in an R-4 zoning district. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and CUP 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 Planning & Zoning Commission heard these items on .Tune 5. and July 17, 2014. At the public hearing on July 17, 2014, the Commission moved to recommend approval of the subject AZ. and CUP regne�sts. a. Summary of Commission Public Hearing: i. In favor: Scott Henson ii. In 0000sition: None iii. Commenting: None iv. Written testimony: Scott Henson and Joint School District No. 2 v. Staff presenting application: Sonya Watters A. Other staff commenting on aimlication: Justin Lucas b. Key Issue(s) of Discussion by Commission: i. The requirement for the school district to post a bond to fund the future HAWK signals and school flashers at Victory/Stoddard and Linder/Kodiak intersections. c. Key Commission Change(s) to Staff Recommendation: L The Commission modified condition #1.1.15 and deleted conditions #7.1.15 and #7.1.16 to not reauire the school district to host a bond to fund the future HAWK signals and school flashers at the intersection of Victory and Stoddard Roads. d. Outstanding Issue(s) for City Council: i. The requirement for the school district to post a bond to fund the future HAWK signals and school flashers at Linder/Kodiak roads. Victory Middle School AZ -14-006; CLJP-14-003 PAGE 1 1MII131W.1 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14- 006 & CUP -14-003, as presented in the staff report for the hearing date of August 19, 2014, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -14-006 & CUP -14-003, as presented during the hearing on August 19, 2014, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ -14-006 & CUP -14-003 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: The site is located at 2045 S. Stoddard Road, in the west 1/z of Section 24, Township 3 North, Range 1 West. (Parcel #: S1224244402 & S1224314850) B. Owner(s): Joint School District No. 2 1303 E. Central Drive Meridian, ID 83642 C. Applicant: Same as owner Victory Middle School AZ -14-006; CLJP-14-003 PAGE 2 Y I 11 1 1 IMIIIA••� I II I I 11 11 11 1 1 1 11 11 1 1 1 1 III II ' I I' I I 1 1 I I 1 1 11 1 1 1 1 Jill 1 1 11 1 1 •mrMPRIMIRIM.1 1 1 1 11 1 1�� 11 11 111 IY. WNW 1 I II' I III II 1 1 1I II \ III II'II II I LW 11 Kill11 I 6� KXKU I I M11MRIEWHINM 11 1 1 1 1 1 1 1 1 I' 1 I 1 I' I11 1 • 11 1 1111111111 TIMm. .1 1 I 9.11.5 FIN11. 1 1 1 1 1' 1 1 1 11 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14- 006 & CUP -14-003, as presented in the staff report for the hearing date of August 19, 2014, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -14-006 & CUP -14-003, as presented during the hearing on August 19, 2014, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ -14-006 & CUP -14-003 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: The site is located at 2045 S. Stoddard Road, in the west 1/z of Section 24, Township 3 North, Range 1 West. (Parcel #: S1224244402 & S1224314850) B. Owner(s): Joint School District No. 2 1303 E. Central Drive Meridian, ID 83642 C. Applicant: Same as owner Victory Middle School AZ -14-006; CLJP-14-003 PAGE 2 1DK4:1130W.1 D. Representative: Ken Gallegos, LCA Architects 1221 Shoreline Ln. Boise, ID 83702 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and conditional use permit. A public hearing is required before the Planning & Zoning Commission and City Council on these applications, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 19, and June 2, 2014 (Commission); A& 28. and August 11, 2014 (City Council) C. Radius notices mailed to properties within 300 feet on: May 8, 2014 (Commission); Juh 24 2014 (City Council) D. Applicant posted notice on site(s) on: June 4, 2014 (Commission); August 5. 2014 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of single-family residential/agricultural property, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Idaho Power substation, zoned RUT in Ada County 2. East: S. Stoddard Road and single-family residential properties in Bear Creek Subdivision, zoned R-4 3. South: Church and future single-family residential properties in Fall Creek Subdivision, zoned R-8 4. West: Agricultural property, zoned RUT in Ada County C. History of Previous Actions: A property boundary adjustment was recently approved in Ada County that created the boundary of the subject property, recorded as record of survey No. 9666. D. Utilities: 1. Location of sewer: Sanitary sewer service to the proposed site currently exists in W. Kodiak Drive. 2. Location of water: Domestic water service to the proposed site currently exists in W. Kodiak Drive and S. Stoddard Road. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are some irrigation ditches that cross this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 4. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. Victory Middle School AZ -14-006; CLJP-14-003 PAGE 3 I ►:111130WA VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Medium Density Residential (MDR) on the Future Land Use Map (PLUM) contained in the Comprehensive Plan. MDR areas are characterized by relatively low densities and a predominance of single-family and two -unit housing types emphasizing ownership opportunities. Smaller two, three, or four unit apartment buildings may be compatible in an MDR area, but large apartment buildings or apartment complexes are not. In general, MDR areas should be protected from encroachments of higher density or higher intensity uses. MDR areas should include a mix of housing types that achieve an overall average target gross density of 6 units per acre. Generally, densities should range from 4-8 units per acre and should be designed conducive to walking with all of the housing and other uses sharing an interconnected sidewalk and street system. The applicant proposes to annex the subject property with an R-4 zoning district, consistent with the MDR designation, and develop a public education institution (middle school) on the site. The proposed use requires conditional use approval in the R-4 zoning district. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • "Support the location of school sites within every square mile." (3.02.01B) The proposed school will provide a school site within the subject square mile; there are few schools in the south Meridian area. • "Ensure compatibility of schools with neighborhoods and adjacent land uses." (3.02.01J) The proposed school should be compatible with adjacent existing and future residential neighborhoods and the church to the south. • "Ensure development provides safe routes and access to schools, parks and other community gathering places." (3.07.02N) The City, ACHD, and the school district have been working together to ensure safe routes and access to the proposed school are provided with development of the site. • "Encourage infill development." (3.01.02B) The subject property is surrounded by City annexed property on three sides; annexation of this infill property will allow city services to be extended to the property as intended and provided for. • "Permit schools, churches, and other public and civic uses in rural areas, that are compatible with adjacent uses." (3.05.02E) The proposed school is much needed in this rural area of the City and should be compatible with adjacent residential uses. • "Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) (3.06.02F) A minimum 20 foot wide landscape buffer is required along S. Stoddard Road and W. Kodiak Drive, both collector streets, as shown on the landscape plan in accord with the standards listed in UDC Table 11-2A-7 & 11-3B-7. Victory Middle School AZ -14-006; CLJP-14-003 PAGE 4 1*0411130WA • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.0117) City services are available and will be extended with the development of the site in accord with UDC 11-3A-21. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, 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. The medium density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for an education institution is listed as conditional use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for non- residential uses. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied to annex and zone a total of 28.64 acres of land with an R-4 zoning district. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of MDR. A site plan was submitted as shown in Exhibit A.2 that depicts a 137,000 square foot (s.f.) education institution, which will include a football field, running track, soccer, and practice fields, tennis courts and parking for 322 vehicles. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. Because the FLUM designation for this property is MDR, Staff believes the proposed R-4 zoning is appropriate for this property. Victory Middle School AZ -14-006; CLJP-14-003 PAGE 5 1DK4:1130W.1 2. Conditional Use Permit The applicant requests conditional use approval of a 137,000 square foot two-story education institution on 28.64 acres of land in an R-4 zoning district for a public middle school. The school is proposed to serve approximately 1,000 students. Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC 11-4-3-14, Education Institution, as follows: Staff's comments are shown in italics. A. Accessory Uses: Accessory uses including, but not limited to, daycare facilities, community events, community services, social services, curricular and extracurricular activities, meeting facilities for clubs and organizations, and school administration may be allowed. 1. Community events shall include, but are not limited to, events organized by an association of persons for a social, literary, political, educational or recreational purpose. Community events shall not include retail or other services that are customarily carried on as a business. The applicant is required to comply with this standard. 2. Curricular or extracurricular activities at an education institution shall include any sporting, musical, dramatic, artistic, fundraising or educational activities associated with any group, association, or classroom of said education facilities. Curricular or extracurricular activities shall not include retail or other services of businesses not directly associated with the education facility. The applicant is required to comply with this standard. 3. When conducted within an existing structure and site modifications are not proposed and/or required allowed accessory uses do not require a certificate of zoning compliance. Not applicable 4. Uses not deemed as an accessory use by the director shall require approval as a principal permitted or conditional use consistent with this title or as a temporary use consistent with title 3, chapter 4 of this code. (Ord. 10-1463, 11-3-2010, eff. 11-8- 2010) The applicant is required to comply with this standard. B. Location Criteria for Elementary Schools: Elementary schools should be located within the center of neighborhoods with access encouraged from local streets. Elementary school locations adjacent to public parks or open space are encouraged. At least thirty percent (30%) of the perimeter of an elementary school site should be open to streets or open space areas. Not applicable C. Location Criteria for Middle Schools and High Schools: Middle and high schools may take access off a designated arterial or collector street. The proposed school will take access off of W. Kodiak Drive, a collector street. D. Exemption: An education institution with less than one hundred fifty (150) students or located within the TN -R district may be exempt from the requirements for open space, landscaping, parking and drop off areas. Not applicable E. Conditional Use Requirement: A conditional use permit shall be required for any education institution in which any of the following circumstances exist: 1. The education institution is in excess of two hundred fifty thousand (250,000) square feet within a residential district; Not applicable (The proposed school will be approximately 137,000 square feet.) Victory Middle School AZ -14-006; CLJP-14-003 PAGE 6 1*0411130WA 2. The education institution includes lighted fields adjoining or within a residential district; The applicant is not proposing lighting for the athletic fields on the site. 3. The education institution will generate in excess of one thousand five hundred (1,500) vehicular trips per day; The Traffic Impact Study (TIS) estimates approximately 1,940 additional trips per day with the proposed use. 4. The education institution takes access from a collector or an arterial street and there is not a safe, separate pedestrian and bikeway access between the neighborhood and the school site. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Pedestrianlbikeway accesses are depicted on the site plan for access to the school site. F. Portable Classrooms (Temporary and Permanent): The site plan for all education institutions shall include the location of any future portable classrooms (temporary and/or permanent). No portable classrooms are proposed at this time but the site plan does indicate space where portable classrooms may be located in the future. If portable classrooms are proposed in the future, these standards will apply. 1. Temporary Portables: A temporary portable classroom shall be an accessory use valid for a maximum period of four (4) years from the date of issuance of a certificate of occupancy. a. Temporary portable classrooms that meet the standards as set forth in subsection F4 of this section shall require a certificate of zoning compliance approval but shall not be subject to design review. b. Temporary portable classrooms that do not meet the standards as set forth in subsection F4 of this section shall require a conditional use permit but shall not be subject to design review. 2. Permanent Portables: Prior to the termination of the four (4) year permit, the applicant may request to convert a temporary portable classroom to a permanent portable classroom. a. Permanent portable classrooms that meet the standards as set forth in subsection F4 of this section shall require a certificate of zoning compliance and design review approval. b. Permanent portable classrooms that do not meet the standards as set forth in subsection F4 of this section shall require a conditional use permit and design review approval. 3. Permit Termination: Upon termination of the four (4) year permit, the temporary portable classroom approval shall be null and void and the applicant shall remove the structure immediately. 4. Standards: a. The portable classroom shall not be located in the front yard of the principal school structure. b. The portable classroom shall not be located in any required yard. c. The placement of the portable classroom shall not reduce the number of required off street parking spaces. d. The portable structures shall comply with the building code in accord with title 10 of this code. Victory Middle School AZ -14-006; CLJP-14-003 PAGE 7 1*0411130WA e. Exterior colors of the portable classrooms shall be compatible with the color of the primary school building. f. The roofing material on the portable classrooms shall be of a finish that emits a minimal amount of glare. g. Where the portable classroom is located within two hundred feet (200') of a street and is visible from such a street, the portable classroom shall be screened from view of the street with a minimum of one evergreen tree per fifteen feet (15') of linear structure. The tree shall be a minimum of six feet (6) in height. (Ord. 10- 1461, 10-12-2010, eff. 10-18-2010) G. Additional Standards for Education Institution, Private: The applicant shall provide written documentation that the facility meets the minimum site area guidelines as established by the Idaho state department of education. Not applicable H. Additional Standards for Vocational or Trade Schools: The applicant shall provide written documentation that the school will have a major curriculum relating to technological industrial research and processes. (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) Not applicable Idaho State Code: §67-6519(3) states, When considering an application which relates to a public school facility, the commission shall specifically review the application for the effect it will have on increased vehicular, bicycle and pedestrian volumes on adjacent roads and highways. To ensure that the state highway system or the local highway system can satisfactorily accommodate the proposed school project, the commission shall request the assistance of the Idaho transportation department if state highways are affected, or the local highway district with jurisdiction if the affected roads are not state highways. The Idaho transportation department, the appropriate local highway jurisdiction, or both as determined by the commission, shall review the application and shall report to the commission on the following issues as appropriate: the land use master plan; school bus plan; access safety; pedestrian plan; crossing guard plan; barriers between highways and school; location of school zone; need for flashing beacon; need for traffic control signal; anticipated future improvements; speed on adjacent highways; traffic volumes on adjacent highways; effect upon the highway's level of service; need for acceleration or deceleration lanes; internal traffic circulation; anticipated development on surrounding undeveloped parcels; zoning in the vicinity; access control on adjacent highways; required striping and signing modifications; funding of highway improvements to accommodate development; proposed highway projects in the vicinity; and any other issues as may be considered appropriate to the particular application. Ada County Highway District (ACHD) is the road authority responsible to report to the Commission on the above issues. ACHD has conducted a detailed review of the Idaho code requirements and provided analysis and conditions of approval in their staff report accordingly. The Commission and City Council should review ACHD's staff report for a detailed analysis of Idaho state code requirements. In addition to their conditions of approval, ACHD has provided recommendations to the City below based on their review. Pedestrian Improvements/Safety/Bussing Required by ACRD: ACHD is requiring the applicant to provide three (3) HAWK crossings and three (3) school flashers. The HAWK crossings are required on Stoddard Road near Kodiak Drive; on Linder Road near Kodiak Drive, approximately t/z mile west of the school; and on Victory Road near Stoddard Road, approximately t/z mile south of the school. School zone flashers are required on all 4 legs of the Stoddard/Kodiak intersection; on Linder Road near the Kodiak intersection; and on Victory Road Victory Middle School AZ -14-006; CLJP-14-003 PAGE 8 1*0411130WA near the Stoddard intersection. A summary of costs for these improvements is included in a table in Exhibit A.4. ACHD proposes to contribute approximately 1/3 of the cost for the improvements. ACHD has included several special recommendations to the City in their report as follows: Staff's responses are noted in italics. 1. To the extent possible, the City of Meridian should require the applicant to provide permanent bussing for all students who live east of SH -69, or only have access to SH -69. Long term bussing for other areas should be provided based on the attached map. If bussing is not provided there are not adequate sidewalks or shoulders on many roads in the area. Staff agrees with this recommendation. 2. The City should require the applicant to provide sufficient street lighting at the intersection of Stoddard Road and Kodiak Drive. This will be a major student crossing and street lighting can improve the safety for pedestrians. Staff agrees with this recommendation. 3. Kodiak Drive is constructed from Stoddard Road to just west of the school site. As development occurs, Kodiak Drive will extend to Linder Road. The City sewer has been extended in alignment with the future roadway. The extension of the road is dependent on phasing of development. To accommodate pedestrians in the area, the City and MSD should work to acquire/provide an easement for pedestrians from Linder Road to the school site. Staff cannot require the applicant to obtain an easement on property they do not own. Additionally, because of the development occurring on the Fall Creek site, staff feels it would not be safe route for children to get to school. Therefore, staff does not support this request. 4. Provide the following on-site traffic management measures as recommended in the TIS. i. Parent outreach identifying the access and circulation routes. ii. Signing to ensure the drop-off/pick-up circulation pattern is easily indefinable and the potential for wrong -way traffic is minimized. iii. On-site traffic management staff during drop-off/pick-up times to ensure the area operates safely and efficiently. iv. Observe drop-off/pick-up activity to make sure it does not occur in non -designated areas off-site or on-site. Staff agrees with this recommendation. 5. As recommended by the TIS, provide a pedestrian crossing of the bus circulation road to provide access from the school building to athletic fields to the north. Staff agrees with this recommendation. 6. As recommended by the TIS, manage onsite vegetation to maintain adequate site distance north on Stoddard Road from Kodiak Drive; and ensure obstructions are not placed in the sight lines that restrict intersection site distance and maintain vegetation to ensure sight distance continues to be adequate in the future. Staff agrees with this recommendation. 7. As recommended by the TIS, the MSD should use crossing guards at key roadway crossing locations. Staff agrees with this recommendation. Staff has included the above noted items that staff agrees with as conditions of approval. Dimensional Standards: Staff has reviewed the proposed site plan for compliance with the dimensional standards listed in UDC Table 11-2A-5. The proposed building is in compliance with the setback requirements of the R-4 zoning district. A 20 -foot wide landscape street buffer is Victory Middle School AZ -14-006; CLJP-14-003 PAGE 9 1*0411130WA required along S. Stoddard Road and W. Kodiak Drive as shown on the site plan. The maximum building height allowed in the R-4 district is 35 feet. Existing Structure(s): There is an existing residence and associated outbuildings on this site that are proposed to be removed. Removal of all structures should take place prior to issuance of building permits. Vehicular Access: The main access to this site is proposed on the site plan via three access driveways to/from W. Kodiak Drive; each driveway has one inbound lane and 2 outbound lanes. Typically, the City and ACRD would not support multiple driveways to a collector street as proposed; however, because the proposal allows for parent drop-off/pick-up to occur on-site and not on the street, staff and ACHD is supportive of the accesses proposed. There is a bus circulation driveway from the site to S. Stoddard Road which is restricted to an exit only that will align with Christopher Street on the east side of Stoddard Road. The driveway is proposed to be gated when not in use. ACHD has approved this access with the requirement an "Exit Only" sign for busses is provided. Staff is supportive of this access as proposed. Staff recommends access is restricted to those points shown on the site plan as approved by ACHD. The traffic impact study for this site estimates the proposed use will generate 1,940 additional vehicle trips per day. Utilities: Street lighting is required to be installed within and adjacent to the development in accord with the City's adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Pressurized Irrigation (PI): An underground PI system is required to be provided to the site in accord with UDC 11-3A-15. Storm Drainage: A storm drainage system is required for the development in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Landscaping: A landscape plan was submitted with this application for the subject property as shown in Exhibit A.2. A minimum 20 -foot wide street buffer is required along S. Stoddard Road and W. Kodiak Drive. Landscaping within these buffers is required to comply with the standards listed in UDC 11-313-7C. Parking lot landscaping is required to be provided in accord with the standards listed in UDC 1I- 313 -8C. Tree Mitigation: There are existing trees on this site. The applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Mitigation information should be included on a revised landscape plan submitted with the Certificate of Zoning Compliance application in accord with UDC 11-313-1OC.5. Sidewalks: Detached sidewalks are required along collector streets as set forth in UDC 11-3A-17 as shown on the site/landscape plan. Pathways: There is not a regional pathway designated on the Master Pathways Plan for this site. The site plan does not depict any pathways to adjacent properties. To promote neighborhood interconnectivity, staff recommends a pedestrian pathway is provided at the northwest corner of the site with a gate or opening to allow pedestrian access. Victory Middle School AZ -14-006; CLJP-14-003 PAGE 10 1*0411130WA Staff also recommends a pedestrian crosswalk is provided across W. Kodiak Drive in alignment with the pathway from Fall Creek subdivision to the south. Parking: Based on the overall square footage of the proposed building (approximately 137,000 s.f.), a minimum of 274 parking spaces are required to be provided per UDC 11 -3C -6B. A total of 322 parking spaces are depicted on the site plan in compliance with UDC requirements. All parking should comply with the standards listed in UDC 11-3C-5. Bicycle parking is also required to be provided on the site in accord with the standards listed in UDC 11 -3C -5C and 11 -3C -6G. The site plan depicts several (8) bicycle racks on the site adjacent to the school building. Based on the number of parking spaces proposed, a minimum of 13 bicycle spaces are required; however, because of the type of use proposed, many more spaces will be necessary. The amount of bicycle parking proposed on the plan appears to be sufficient. Waterways: There are some irrigation ditches that cross this site. All ditches on the site are required to be piped unless waived by City Council in accord with UDC 11 -3A -6A. Floodplain: This site does not lie within the Meridian Floodplain Overlay District. Building Elevations: The applicant submitted building elevations for the future school building as shown in Exhibit A.3. Building materials are proposed to consist primarily of split face CMU with smooth face CMU accents along the bottom of the structure. A mix of 3 different colors of CMU is proposed. All structures are required to comply with the design standards listed in UDC 11-3A-19 and the guidelines in the Meridian Design Manual. Fencing: Six-foot tall chainlink fencing is proposed around the east, west, and north perimeter boundaries of the site. All fencing should comply with the standards listed in UDC 11 -3A -6B and 11-3A-7. Staff recommends a gate or opening in the fence is installed at the northwest corner of the site so that pedestrian access is available to the school site from adjacent (future) neighborhoods. Certificate of Zoning Compliance (CZC): The applicant is required to obtain approval of a CZC application for the proposed use from the Planning Division prior to issuance of building permits. Design Review: The applicant is required to obtain approval of a Design Review application for the proposed site design and structure from the Planning Division prior to issuance of building permits for this site. This application may be submitted concurrently with the CZC application. In summary, Staff recommends approval of the proposed annexation and conditional use permit request for this site with a development agreement and the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHHtITS A. Drawings/Other 1. Vicinity Map 2. Proposed Siteffandscape Plan (dated: 5/7/14) 3. Proposed Elevations (dated: 1/3/14) 4. Cost Summary Table for Pedestrian Safety (from the ACHD Staff Report) 5. Safety Bussing Map as Recommended by ACHD B. Agency & Department Comments/Conditions Victory Middle School AZ -14-006; CLJP-14-003 PAGE 11 1*.4161130W1 C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Victory Middle School AZ -14-006; CLJP-14-003 PAGE 12 I*0/1113YW.1 A. Drawings 1. Vicinity Map Exhibit A Page 1 2. Proposed Siteffandscape Plan (dated: 5/7/14) Exhibit A Page 1 EXHIBIT A iNloo 0 f �lvp- Me" scmxL MWIC" SCPM all"" WAkM.*PSA I IdIMM IDAHO IIIITT7771 j oullpiiiii rplpYj PRELIMINARY I [=APE PUN• EXHIBIT A iNloo 0 Me" scmxL MWIC" SCPM all"" WAkM.*PSA I IdIMM IDAHO IIIITT7771 worlwlr PRELIMINARY I [=APE PUN• II Hill! I i ---- — ------- I I mliatil�) Nip 4- ll� SCHOM mmkch6 PA sc� MTN" NEI DAM =.e- TF717711 �VDOIE PLAN -MEA iii 10.411131 W.1 i r_ w 3— 9 LIOLION w.v+ve�q f `•_ Kae °� awpsnea•g•m •ray � !!��!N O 3 a � i g 4 [ R A IM ll ' $ YMMFYM � ! m �{a%a i�ggp �Itlf ,*11ma■1 ( � � ( l�� | 4 /§ , -�;■ §, Big] IW4II131W.1 Y MNI.SRiVY�RR9 v4" tOb' IMP $OHM ANYNS CAXO F Rgi5i : �;}' ., . c a , MMYtlV�A s fJl I�fS€6 NFLN411Y 11E RMI _ __ s -dor c"'�';--' -- — LMIOSOAPE PLAN -AREA FOUR " �— YAM-uu; � FFFFF �QQ "p iI6I Y v4" tOb' IMP $OHM ANYNS CAXO F : �;}' ., . c a , MMYtlV�A s fJl NFLN411Y 11E RMI _ __ s -dor c"'�';--' -- — LMIOSOAPE PLAN -AREA FOUR " �— 5- 1W111130W41 3. Proposed Elevations (dated: 1/3/14) VICTORY MIDDLE SCHOOL ENTRY PERSPECTIVE .GAP. j O Jim VICTORY MIDDLE SCHOOL EXTERIOR ELEVATIONS �1 O e- 1111;11113 Y WA 4. Cost Summary Table for Pedestrian Safety (from the ACHD Staff Report) k. Cost Summary for Pedestrian Safety — The overall costs for 3 HAWK crossings and 3 School Flashers is $431,000. Staff is recommending that ACHD contribute $140,000 for the design and construction of 2 HAWKS (approximately one-third of the cost for the improvements listed on the table). The MSD should construct the HAWK and associated school flashers on Stoddard at the Kodiak intersection; and should provide a road trust in the amount of $138,000 for the future pedestrian improvements- m rovements.Improvement Improvement Location Design Construction Hardware ACHD MSD HAWK Stoddard $40,000 $40,DD0 $0 $110,000 Stoddard & ir School Flashers Kodiak $10,000 $23,000 $10,0130 $0 $43,000 HAWK Linder $30,000 $40,000 $40,000 $70,000 $40,000 School Flashers Linder $7,000 $17,000 $51000 $0 $29,000 HAWK Victory $30,000 $40,000 $40,000 $70,000 $40,000 School Flashers Victory $7,000 $17,0DD $5,000 $0 $29,000 $140,000 $291,0D0 Project Total $431,000 7- 1W0411130WA 5. Safety Bussing Map as Recommended by ACRD 61sting City Pa!hway ;_i; Signallzod Intersection Proposed City Pathway Pedestrian Facilities FIGURE Existing Sidewalk Proposed Pedestrian Crosswalk ------^---ProposedSkWWalkw/Dowlopment Ada County, Idaho 12 -+� Existing Sidewalk Gaps Estimated Bushv Boundary ` KIT.6'tON& AGOOCIAT68. Ike. M 1*0411130WA B. EXHHtIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Annexation & Zoning Comments 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. 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. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Access to the site is restricted to those access points shown on the site plan in Exhibit A and approved with this application. b. Future development of this site shall be generally consistent with the site plan and building elevations shown in Exhibit A. c. Removal of all structures shall take place prior to issuance of building permits. d. The annlicant shall nrovide sufficient street liahtina at the intersection of Stoddard e. ' 1 l triTtIff i Irpoiommended in the Tfg-. 1 1 1 1 1 1 11 1 1 1 i 1 1 1 1 1 YIIN 1 1 rMa W, M 1 1 1 1 1 1 1 1 1 1 1 i u 1 u 1 9- 3.II�.Y Ili ul'111� Y1 1111'1 �•`I'�i 111'f111f 111II1�i�1 1thne,1ensure the area - olleratp., afely and-eTtcieujLV- 4.1 1 1 l i 1 1activity Lo-mkedoe, not occur 1 non-desiguaLed 1 or 11 Mana2pongile-ygmtaflon 1 1northon Stoddard-jgnad _. fromKod*akI Y andenuireobstructions not placed 1the sigbtlines1. 1 1 1*teffltanCj taflon 1enuirp.I I do%tance h. confintieg to 1' 1' The M 1 1SchoolI 1the fotore as recommen1'1 1 hall use ero—*ng__ 1roadway1 11 i. location, 1 11 11 Ptior to ocen1jancy of 1 1 '.1 by the TISM the 11_ 1 1 hall contrilet a • - 1K 1 1 1 1 1 - Stoddard Road nearX11 IY 11schooli 1'Y. 11 . 1 _ of the j. .Stodd.qrd/Kod*.qk*ntergeeflonper• Long trrm 1 1 I andafety I'q recommendation 1 1 Ishall1 Ijraxided_hasPd on theattached 11 1 1 k. . 1 1 1 1HAWKpedestrian 1 by the1 1 1 1 11 11 1 '11 R 11.Iwo Y 9- 1MII131W.1 1. install school zone flashers on all 41eas of the Stoddard/Kodiak intersection_ in. Provide a 540.000 road trnst for the cost of the hardware fora fntnre HAWK on Tinder Road near Kodiak Drive. (ACHD will nav for the design and construction ($71,111111).) n. Provide n 5 2 9-11111 road trust for the cost of school zone flashers on Tinder Road near Kodiak Drive_ o. Provide a 540D00 road trust for the cost of the hardware for a fntnre HAWK nn Victory Road near Stoddard Road. (ACHD will nav for the decian and cnnstrnction (5711_IIIIIII.I p, 29-11111 road trust for the cost of school zone flashers on Virtnry Road near. Stoddard Road_ q, The school district_ ACHD_ and the City shall meet to dkenss fimdina mechanisms for the future development of sidewalks necessary in this area (as well as other areas) t nrnvWe safe pedestrian access to/from the school site(sl_ 1.2 Conditional Use Permit - Site Specific Conditions 1.2.1 The siteAandscape plan included in Exhibit A.2 dated 5/7/14 shall be revised as follows: a. Include mitigation information for any existing trees that are proposed to be removed from the site in accord with UDC 11-313-10C.5. b. Depict a pathway connection and gate/opening at the northwest corner of the site for pedestrian access to the school site from adjacent neighborhoods. c. Provide a pedestrian crosswalk across W. Kodiak Drive in alignment with the pathway from Fall Creek subdivision to the south. 1.2.2 A minimum 5 -foot wide detached sidewalk is required to be constructed along S. Stoddard Road and W. Kodiak Drive, both collector streets, as shown on the site/landscape plan in accord with UDC 11-3A-17. 1.2.3 The applicant shall comply with the specific use standards listed in UDC 11-4-3-14 for education institutions. 1.2.4 No lighting is allowed to be installed for the athletic fields on the site. 1.2.5 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. 1.2.6 The applicant shall provide permanent bussing for all students who live east of SH -69, or only have access to SH -69. Long term bussing for other areas shall be provided based on the map in the ACHD staff report shown in Exhibit A.5. 1.2.7 The applicant shall provide sufficient street lighting at the intersection of Stoddard Road and Kodiak Drive to improve pedestrian safety. 1.2.8 Provide a pedestrian crossing of the bus circulation road to provide access from the school building to athletic fields to the north as recommended by the TIS. 1.2.9 Provide the following on-site traffic management measures as recommended in the TIS. i. Parent outreach identifying the access and circulation routes. ii. Signing to ensure the drop-off/pick-up circulation pattern is easily indefinable and the potential for wrong -way traffic is minimized. -10- 1DK4:1130W.1 iii. On-site traffic management staff during drop-off/pick-up times to ensure the area operates safely and efficiently. iv. Observe drop-off/pick-up activity to make sure it does not occur in non -designated areas off- site or on-site. 1.2.10 Manage onsite vegetation to maintain adequate site distance north on Stoddard Road from Kodiak Drive; and ensure obstructions are not placed in the sight lines that restrict intersection site distance and maintain vegetation to ensure sight distance continues to be adequate in the future as recommended by the TIS. 1.2.11 The Meridian School District shall use crossing guards at key roadway crossing locations as recommended by the TIS. 1.2.12 Prior to occupancy of the school the applicant shall construct a HAWK crossing on Stoddard Road near Kodiak Drive and school flashers on all four legs of the Stoddard/Kodiak intersection per ACHD's recommendation. 1.2.13 Prior to occupancy of the school the applicant shall provide a road trust to ACHD in the amount of $138,000 for the future construction of two (2) HAWK signals and associated school flashers located on Linder Road near the future extension of Kodiak Drive per ACHD's recommendation. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2-A-5. 1.3.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to S. Stoddard Road and W. Kodiak Drive is prohibited except for the access points approved on the site plan. 1.3.3 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.3.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.3.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-313-6 and MCC 9-1-28. 1.3.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3E -5I. 1.3.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3E - 7C. 1.3.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313- 11 C. 1.3.11 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11-3G-3135 and 11-313-7C. 1.3.12 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. 1.3.13 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-313-10. - 11 - 1*4161130W1 1.3.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.4 Ongoing Conditions of Approval 1.4.1 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 11-313-5, UDC 11-3B-13 and UDC 11-3B-14. 1.4.2 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.4.3 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. 1.4.4 The applicant shall have an ongoing obligation to maintain all pathways. 1.4.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.4.6 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. 1.5 Process Conditions of Approval 1.5.1 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. 1.5.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.5.5 The conditional use permit shall be valid for a maximum period of two years as set forth in UDC 11-513-6F. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. Upon written request and filing by the applicant prior to the termination of the permit, the applicant may request a time extension in accord with UDC 11-513-6F. 1.5.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall be responsible for the construction of water and sewer mains from their current points of connection to and through the proposed development. 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. -12- 1*0411130WA 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 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 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, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 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/drainage district, 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 development plan approval. 2.2.6 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 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. 2.2.7 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. 2.2.8 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. 2.2.9 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. 2.2.10 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. 2.2.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.12 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.13 All grading of the site shall be performed in conformance with MCC 11-12-3H. -13- 1*0411130WA 2.2.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.15 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. 2.2.16 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. 2.2.17 100 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. 2.2.18 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department had no comments on this application. 4. FIRE DEPARTMENT 4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box plugs. 4.2 Based on the size of new construction and the location of the sprinkler room in relation to the address side of the structure, the AHJ may require separate Knox box locations. One being at the main, address side entrance and the other at the entrance to the sprinkler riser room. 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 IV' 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. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 IV' 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 around on streets greater than 150' in length with no outlet. -14- 1W04161130WA 4.5 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 4.6 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 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 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. 4.9 Commercial and office occupancies will require a fire -flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 4.10 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) 4.11 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.12 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.13 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. 4.14 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.15 There shall be a fire hydrant within 100' of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 4.16 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 4.17 Buildings over 30' in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4.18 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. 4.19 As set forth in International Fire Code Section 503.2 and D102.1, fire apparatus access roads are required to be 20' in width, consist of an improved gravel surface capable of supporting 75,000 GVW, and shall be provided to all athletic fields, concession stands and pathways. An approved water supply shall be provided to all structures. Plans and specifications shall be provided to the Fire Department for review and approval. 5. REPUBLIC SERVICES 5.1 Republic Services had no comment on this application. -15- 1*0411130WA 6. PARKS DEPARTMENT 6.1 The applicant shall contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. 6.2 The applicant shall coordinate a pedestrian crosswalk at the terminus of the multi -use pathway provided by the adjacent subdivision on the south side of W. Kodiak Drive to ensure safe access to the school property. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Construct Stoddard Road as �/z of a 46 -foot street section with vertical curb, gutter and 5 -foot wide detached sidewalk. Dedicate additional right-of-way to complete the improvements. 7.1.2 Construct an Exit Only driveway on Stoddard Road as proposed for bus circulation. 7.1.3 Construct Kodiak Drive as �/z of a 36 -foot street section with vertical curb gutter and 5 -foot wide detached concrete sidewalk. (Except where noted for additional turn lanes.) 7.1.4 Install a separate eastbound left -turn lane on Kodiak Drive at the Stoddard Road/Kodiak intersection by striping the eastbound approach for two lanes using the existing 23 feet or with minor widening into the median or planter strip. The lanes should be approximately 150 feet long. 7.1.5 Install pedestrian crosswalks on the Kodiak Drive legs of the Stoddard/Kodiak intersection. 7.1.6 Construct 3 driveways on Kodiak Drive as proposed. Pave the driveways their full width and at least 30 -feet into the site with 15 to 30 -foot curb radii. (Radii may vary depending on radius needs for bus turning movements.) 7.1.7 Install a westbound right -turn lane on Kodiak Drive at the East Site Driveway. Storage of approximately 150 -feet is recommended. 7.1.8 Stripe a two-way center left -turn lane on Kodiak Drive from the end of the existing planter strip on Kodiak Drive to a location approximately 100 -feet west of the east site driveway. 7.1.9 Install a pedestrian crosswalk ad necessary signage on Kodiak Drive located just west of the middle driveway. 7.1.10 Long term bussing and safety bussing should be provided based on the attached maps, and as agreed to by the applicant. 7.1.11 Install a HAWK pedestrian crossing (and associated improvements) on Stoddard Road near Kodiak Drive. 7.1.12 Install school zone flashers on all 4 legs of the Stoddard/Kodiak intersection. 7.1.13 Provide a $40,000 road trust for the cost of the hardware for a future HAWK on Linder Road near Kodiak Drive. (ACHD will pay for the design and construction ($70,000).) 7.1.14 Provide a $29,000 road trust for the cost of school zone flashers on Linder Road near Kodiak Drive. 7.1.15 Provide a $40,000 road trust for the cost of the hardware for a future HAWK on Victory Road near Stoddard Road. (ACHD will pay for the design and construction ($70,000).) 7.1.16 Provide a $29,000 road trust for the cost of school zone flashers on Victory Road near Stoddard Road. -16- 1*0411130WA 7.1.17 The applicant should provide adequate roadway lighting on Kodiak Drive and Stoddard Road abutting the site, and at the intersection of Stoddard/Kodiak. (NOTE: ACHD does not review or require street lighting. Lighting is a City requirement. The City should work with ACHD Traffic staff to determine adequate lighting requirements at this intersection.) 7.1.18 Impact fees are waived in accordance with the Interagency Waiver of Fee Agreement between the Ada County Highway District and Joint School District No. 2. 7.1.19 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.3.2 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. 7.2.3 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. 7.2.4 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.5 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.6 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 (1-811-342-1585) 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. 7.2.7 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. 7.2.8 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.10 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 written confirmation of any change from ACHD. 7.2.11 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 -17- 1 M16113 0 W.1 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 a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. -18- 1 X1.11113 Y II:1 C. Legal Description & Exhibit Map for Annexation Boundary Annexation Legal Description Joint School District No. 2 Stoddard Property Parcel 2 A parcel located in the East %of the W %of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a Brass Cap monument marking the northeast corner of the of the NW '/. of said Section 24 from which a Brass Cap monument marking northwest comer of said NW % bears N 89°07'22" W a distance of 2655.69 feet: Thence S 0°51'28' W along the easterly boundary of said NW Y a distance of 2634.99 feet to a Brass Cap marking the northeast corner of SW % and the POINT OF BEGINNING; Thence S 0°51'28' W along the easterly boundary of said SW % a distance of 200.09 feet to a 518 inch diameter iron pin and to the centerline of West Kodiak Drive; Thence leaving said easterly boundary N 89'08'32"W along said centerline a distance of 231.53 feet to a 5/8 inch diameter iron pin: Thence continuing along said centerline a distance of 240.16 feet along the arc of a 1000.00 foot radius curve right, said curve having a central angle of 13°45'36" and a long chord bearing N 82°16'57" W a distance of 239.58 feet to a 5/8 inch diameter iron pin; Thence along said centerline N 14'33'26' E a distance of 5.00 feet to a 5/8 inch diameter iron pin; Thence along said centerline a distance of 624.52 feet along the arc of a 995 foot radius curve right, said curve having a central angle of 35°57'45" and a long chord bearing N 57°22'57" W a distance of 614.32 feet to a point; Thence leaving said centerline N 50°35'11° E a distance of 25.00 feet to a 518 inch diameter iron pin; Thence N 49°00'23" E a distance of 103.63 feet to a 518 inch diameter iron pin; Thence N 17°11'32" E a distance of 222.56 feet to a 518 inch diameter iron pin; Thence N 0°51'28" E a distance of 793.26 feet to a 518 inch diameter iron pin; Thence N 45°51'28" E a distance of 94.19 feet to a 5/8 inch diameter iron pin on the northerly boundary of the SE % of the NW %; Thence S 89°17'29' E along the said northerly boundary a distance of 765.09 feet to a 518 inch diameter iron pin marking the northeast corner of the SE'/. of the NW %; Thence S 0°51'28' W along the easterly boundary of said NW % a distance of 1317.48 feet to the POINT OF BEGINNING. This parcel contains 28 64 acres and is subject to any easements existing or in use. �NPL�=Os Vincent Blommer, PLS Land Solutions, PC July 10, 2014 La dS�olutions -19- to - 5 D _ T SWderd Property Parcel 2 Job Na 13-88 EXHIBIT A Stoddard Property Parcel 2 ANNEXATION EXHIBIT St4 513 BASIS OF BEARING sle 523 524 2N59.RN' NN89]'22'W 1/4 51e W. OVERLAND ROAD 31].Nt' 50051'26'W ' 765.09' _ 5887729"E - 94.19' N45'SP28"E I I Lw � b N 4 N1I O z I PARCEL 1 N MYA - =01 AMES h 1 � "WE TAALL 6 vv IE M RI M naTA p w NEARING CI2�js MMI 13 Y 16'37' ' YW C2 Y1' N 8Y12'6)' N I ry n � 1 2 2s 00' N50'35'11E� 103.63. N419-00 23"E POINT a PEPNNING 1 PMCn 2 C 1/4 C so02'51'28 w 4 L�"2ps � � GIST C-1.R 231 5.S �+ 5.00' u ]" 1 ' 1s N14'3Y26"E 906$2'W ${ m ^ i IT BV'.� ,/4624 Lind_ Solutions 0 125 2So Soo �- Land Surv*ng and consuRing 231 E 5TH SE, STE A AI£RI NAD 83611 116N1 x68xpw 11081 x66x55)fv wAv�wiasd+mrsm -20- 1MII13YII:1 D. Required Findings from Unified Development Code 1. Annexation 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 the subject property with an R-4 zoning district. The City Council finds the proposed use of the site is consistent with the applicable provisions of the Comprehensive Plan and should be compatible with existing and future adjacent residential uses if the site is developed in accord with the conditions of approval in Exhibit B (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-4 zoning district is consistent with the purpose statement for the 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 City 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. 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 City 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 -5B -3.E). The City Council finds annexing this property with an R-4 zoning district is in the best interest of the City. 3. Conditional Use Permit Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that if the site is designed in accord with the site plan in Exhibit A and the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-4 zoning district and the specific use standards for public education institutions. -21- 1MII131W.1 b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed public education institution use in the R-4 zone meets the objectives of the Comprehensive Plan and UDC. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the general design, construction, operation and maintenance of the school will be compatible with existing and future residential and church uses in the general neighborhood and with the existing and intended character of the vicinity and will not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. L That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of the school; however, whenever undeveloped property is developed the amount of traffic generation does increase. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. -22-