Saint Ignatius School H-2016-0028ADA COUNTY RECORDER Christopher D. Rich 2016.049723
BOISE IDAHO Pgs=37 VICTORIA BAILEY 06/08/2016 11:59 AM
MERIDIAN CITY NO FEE
1111111111111111111111111111111111111111 IN 11111
00234067201600497230370379
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Roman Catholic Diocese of Boise, Owner/Developer
k� THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of�;� LJ, v 2016, 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 Roman Catholic Diocese of Boise, whose address is 1501 S. Federal Way,
Suite 400, Boise, Idaho 83705, 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 11-513-3 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 the
Annexation and Zoning of 10.71 acres of land with a C -C (Community
Business) zoning districts (as described in Exhibit "A"), under the Unified
Development Code; and
1.5 WHEREAS, Owner/Developer represented at the public hearings both
before the Meridian Planning & Zoning Commission and before the Meridian
City Council, that it had not determined how the Property will be developed
and what improvements will be made except as generally described herein;
and
1.6 WHEREAS, the record of the proceedings for the requested annexation,
comprehensive plan future land use map amendment and rezoning of the
Property held before the Planning & Zoning Commission, and subsequently
DEVELOPMENT AGREEMENT — SAINT IGNATIUS SCHOOL H-2016-0028 PAGE 1 OF 9
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 10th day of May, 2016, 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 rezoning; 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 government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on April 19,
2011, Resolution No. 11-784, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Roman Catholic Diocese of
Boise, whose address is 1501 S. Federal Way, Suite 400, Boise, Idaho 83705,
the owner of said Property and shall include any subsequent
owner/developer(s) of the Property.
DEVELOPMENT AGREEMENT - SAINT IGNATIUS SCHOOL II -2016-0028 PAGE 2 OF 9
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" 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.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. The record of survey for the reconfiguration of the property boundary shall be
recorded prior to approval of the annexation ordinance.
b. Use of the subject property is limited to a private education institution. Development
of the site shall substantially conform to the site plan and perspective elevations
included in Exhibit A of the Findings of Fact and Conclusions of Law and attached
Staff Report, attached hereto as Exhibit `B".
c. If the education institution will generate in excess of one thousand five hundred
(1,500) vehicular trips per day, a conditional use permit is required per UDC 11-4-3-
14E.
d. The developer shall pipe or otherwise cover the canal that runs along the northern
boundary of this site in accord with UDC 11-3A-6.
e. A minimum 35 -foot wide street buffer shall be provided along N. Meridian Road as
set forth in UDC Table 11-2B-3 and shall be landscaped in accord with the standards
listed in UDC 11 -3B -7C.
f. A minimum 25 -foot wide buffer shall be provided along the southern and eastern
boundaries of the site to residential uses and shall be landscaped in accord with the
standards listed in UDC 11-313-9C.
g. This 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.
h. All development shall comply with the dimensional standards for the C -C zoning
district listed in UDC Table 11-2B-3 and the specific use standards listed in UDC 11-
4-3-14 for education institutions.
i. A minimum 5 -foot wide detached sidewalk is required to be constructed along N.
Meridian Road within the street buffer in accord with UDC 11-3A-17. Detached
sidewalks are required to have an average minimum separation of greater than 4 feet
DEVELOPMENT AGREEMENT - SAINT IGNATIUS SCHOOL H-2016-0028 PAGE 3 OF 9
to back of curb, per UDC 11-3B-7C.Ia(2). Coordinate the location of the sidewalk
with ACRD.
The developer shall also construct an off-site detached sidewalk along N. Meridian
Road to connect from the sidewalk required on the subject property to the existing
sidewalk to the north to ensure safety of children walking or riding their bicycles to
school in accord with UDC 11-4-3-14E.
j. An underground pressurized irrigation system is required to be provided for this
development in accord with UDC 11-3A-15.
k. A Type 1 light is required at the intersection of N. Meridian Road and the school
entrance and also 220 feet to the south of the first light as shown on the site plan;
coordinate the details with Austin Petersen, Public Works Department (208-489-
0352).
1. The applicant shall provide written documentation that the facility meets the
minimum site area guidelines as established by the Idaho state department of
education in accord with UDC 11-4-3-3-14G.
in. A cross-access/ingress-egress/cross-parking agreement should be recorded between
the subject property and the church property to the north. The shared parking
agreement shall comply with the standards listed in UDC 11 -3C -7B. Shared parking
is required to comply with the standards listed in UDC 11 -3C -7A.
n. The school structure shall incorporate design elements, construction materials and colors
that complement the existing church structure to the north. The final design of the
structure is required to comply with the design standards listed in UDC 11-3A-19 and the
Architectural Standards Manual.
o. The developer shall comply with the provisions in the ACHD staff report for this project.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. 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.
DEVELOPMENT AGREEMENT - SAINT IGNATIUS SCHOOL H-2016-0028 PAGE 4 OF 9
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 H
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
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
DEVELOPMENT AGREEMENT - SAINT IGNATIUS SCHOOL H-2016-0028 PAGE 5 OF 9
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, or sufficient surety of performance is provided by Owner/Developer to the City in accordance
with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer 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:
Roman Catholic Diocese of Boise
1501 S. Federal Way, Suite 400
Boise, ID 83705
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, Idaho 83642
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
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
DEVELOPMENT AGREEMENT - SAINT IGNATIUS SCHOOL H-2016-0028 PAGE 6 OF 9
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 expressly provided, eachparty
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re -zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
DEVELOPMENT AGREEMENT - SAINT IGNATIUS SCHOOL H-2016-0028 PAGE 7 OF 9
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
Roman Catholi Diocese of Boise
By;
CITY OF MERIDIAN
Mayy de Weerd
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ATTEST:
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City of
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Jacy"Jones `ity-C-lrrk ---J SEAL
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DEVELOPMENT AGREEMENT — SAINT IGNATIUS SCHOOL H-2016-0028 PAGE 8 OF 9
STATE OF IDAHO )
ss:
County of Ada,
On this (day of , 2016, before me, the undersigned, a Notary Public in and
for said State, personally app ared aa,,ie" , known or identified to me
to be the � d of Roman Catholic Diocese of Boise, and acknowledged to me
that he executed the same'U behalf of said church.
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) ••.•,��'•,••. �'••.•dQ% v�-��-2—_
�•b Notary Public for Idaho 0
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My Commission Expires: '35 t b
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STATE OF IDAHO )
: ss
County of Ada
On this day of �lAnQ- , 2016, before me, a Notary Public,
personally appeared Tammy de Weerd and Jacy Jones, know or identified to me to be the Mayor
and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that
executed the instrument of behalf of said City, and acknowledged to me that such City executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
♦♦♦s•r•♦♦♦.
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(SEAL) 4! �d fir'' Notary Public f Idaho
Residing at:�
Commission expires: c �`� -� 5
DEVELOPMENT AGREEMENT - SAINT IGNATIUS SCHOOL H-2016-0028 PAGE 9 OF 9
March 3, 2016
Project No. 115210
EXHIBIT A
T I I r LAPID Gn01;1'. 1N1,
ANNEXATION PARCEL
Roman Catholic Diocese of Boise
Holy Apostles Catholic Church
Page 1 of 1
A parcel of land situated in a portion of Government Lot 1 of Section 30, Township 4 North, Range 1
East, Boise Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at the Northwest Section Corner of said Section 30, marked by a brass cap
monument; thence on the west section line of said Section 30, South 00°25'09" West, 769.42 feet,
to a point, said point being the POINT OF BEGINNING;
Thence leaving said west section line, North 88°20'02" East, 217.97 feet;
Thence North 44°08'46" East, 39.13 feet;
Thence South 89°52'46" East, 494,67 feet;
Thence North 00°29'32" East, 290.00 feet;
Thence South 89°52'46" East, 361.45 feet, to a point on the easterly line of aforementioned
Government Lot 1;
Thence on said easterly line, South 00°29'32" West, 625.02 feet, to the northeasterly corner
of Hacienda Subdivision, Book 96, Page 11825, as recorded in official records of Ada County;
Thence on the northerly line of said Hacienda Subdivision, North 89°52'46" West, 1100.56
feet, to a point on the aforementioned west section line, from which the West One Quarter
Corner of said Section 30 bears South 00°25'09" West, 1591.61, feet;
Thence on said west section line North 00'25'09" East, 300.08 feet, to the POINT OF
BEGINNING.
The above described parcel of land contains 10.71 acres more or less, subject to all existing
easements and rights-of-way of record. A
PREPARED BY:
THE LAND GROUP, INC.
462 E. SHORE DRIVE, SUITE 100
EAGLE, IDAHO 83616
208-939-4041
208-939-4445(fax)
Michael S. Femenia
0!5/ 03/ 2016
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Saint Ignatius School —AZ H-2016-0028
EXHIBIT A
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POINT OF BEGINNING
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Exhibit B
CITY OF MERIDIAN j,� T Tl T /l 1\ T��
FINDINGS OF FACT, CONCLUSIONS OF LAW L I��E
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AND DECISION & ORDER 0
In the Matter of the Request for Annexation and Zoning of 10.71 Acres of Land from the RUT
Zoning District in Ada County to the C -C Zoning District in the City for Saint Ignatius, by Roman
Catholic Diocese of Boise.
Case No(s). H-2016-0028
For the City Council Hearing Date of: May 3, 2016 (Findings on May 10, 2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 3, 2016, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 3, 2016, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 3, 2016,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 3, 2016, 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
Community Development 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). H-2016-0028 - 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 3, 2016, 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 and zoning is hereby approved with the requirement of a
development agreement per the Staff Report for the bearing date of May 3, 2016, attached as
Exhibit A.
D, Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and retained to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11 -5B -3D).
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
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 May 3, 2016
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), H-2016-0028 - 2 -
By action of the City Council at its regular meeting held on the
2016,
COUNCIL PRESIDENT KEITH BIRD
COUNCIL VICE PRESIDENT JOE BORTON
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER LUKE CAVENER
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
(TIE BREAKER)
Mayor
Attest;
PIAN
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Jacy Dories �ti� SEAL
City Clerk
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day of
VOTED \2.
VOTED e -
VOTED 0 e
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VOTED Nb--,e"V
VOTED_a—q e -
VOTED --
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney,
By: Dated;
City Clerk'I O ice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0028 - 3 -
STAFF REPORT Hearing Date: May 3, 2016
wl I IA
TO: Mayor & City Council g
FROM: Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Saint Ignatius School — AZ (H-2016-0028)
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Roman Catholic Diocese of Boise, has submitted an application for annexation and
zoning (AZ) of 10.71 acres of land with a C -C zoning district for the construction of a private
education institution (Saint Ignatius School).
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ application with the requirement of a development
agreement 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 this item on April 7, 2016. At the public
hearing, the Commission moved to recommend approval of the subiect AZ request.
a. Summary of Commission Public Hearing:
i. In favor: Tamara Thompson
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Tamara Thompson (in agreement with staff report)
L. Staff presenting application: Sonya Watters
A. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
L None
c. Key Issues of Discussion by Commission:
i. Proposed access via Meridian Road for the site.
d. Commission Change(s) to Staff Recommendation:
L None
e. Outstanding Issue(s) for City Council:
i. The applicant requests a waiver to the access standards listed in UDC 11-3A-3 to allow
two accesses via N. Meridian Road for the site as proposed (modify condition #l.l.l.e if
approved). The Commission was in favor of the applicant's request.
The Meridian City Council heard this item on May 3, 2016. At the public hearing, the Counci
approved the subject AZ request.
.a, Summary of City Council Public Hearing:
L In favor: Tamara Thompson. Applicant's Representative: John Dornv. Traffic
IM
Saint Ignatius School — AZ H-2016-0028 PAGE 1
y. Staff presenting application: Sonya Watters
Y1.Other staff commenting on application: None
h� Key issue(s) of Public Testimony:
L None
.L key Issues of Discussion by Council:
L Traffic generated from the proposed use and the request for waiver to UDC 11-3A--a-for
the proposed access via N. Meridian Road,
I Lack of a staff report from ACHD.
d. Ivey Council Changes to Staff/Commission Recommendation
L The Council approved the applicant's request fora waiver to UDC 11-3A-3 for acce
via N. Meridian Road (see DA provision #LIe in Exhibit Bl.
ii. Add a provision to the DA stating that the developer shall comply with the provi ion i
the ACHD report for this project (see DA provision #1.112 in Exhibit Bl.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2016-
0028, as presented in the staff report for the hearing date of May 3, 2016, with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0028,
as presented during the hearing on May 3, 2016, for the following reasons: (You should state specific
reasons for denial)
Continuance
I move to continue File Number H-2016-0028 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 6180 N. Meridian Road, in the NW 1/4 of Section 30, Township 4 North,
Range 1 East. (Parcel No.: S0530223155 & S0530223400)
B. Owners:
Roman Catholic Diocese of Boise
1501 S. Federal Way, Suite 400
Boise, ID 83705
C. Applicant:
Same as owner
D. Representative:
Tamara Thompson, The Land Group
462 E. Shore Drive, Suite 100
Eagle, ID 83712
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. A public hearing is required before the
Saint Ignatius School — AZ H-2016-0028 PAGE 2
Planning & Zoning Commission and City Council on this matter, consistent with Meridian City
Code Title 11, Chapter 5.
B. Newspaper notifications published on: March 21 and April 4, 2016 (Commission); April 11 and
25_, 2016 (City Council)
C. Radius notices mailed to properties within 300 feet on: March 10, 2016 (Commission); May 3
2016 (City Council)
D. Applicant posted notice on site(s) on: March 24, 2016 (Commission); April 19, 2016 (City
Council
VI. LAND USE
A. Existing Land Use(s) and Zoning: Except for a cell tower that exists on this site, the annexation
area consists of vacant undeveloped land, zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Church, zoned RUT in Ada County
2. East: Future single-family residential properties in Birkdale Estates, zoned R-2
3. South: Residential properties in Hacienda Subdivision, zoned R-8
4. West: N. Meridian Road and vacant/undeveloped property in Paramount Subdivision, zoned
R-8
C. History of Previous Actions: A property boundary adjustment (see record of survey in Exhibit
AA) was recently approved, but not yet recorded, in Ada County that will create the configuration
of the property shown on the site plan in Exhibit A.2.
D. Utilities:
1. Location of sewer: A sanitary sewer main intended to provide service to the subject site
currently exists near the SW corner of the subject site.
2. Location of water: Water mains intended to provide service to the subject site currently exist
near the SW corner of the subject site as well as from N. Rio De Nickel Way.
3. Issues or concerns: Applicant shall be required to extend sanitary sewer and water mains to
and through the site to the east boundary of the subject site in compliance with Meridian City
Code.
E. Physical Features:
1. Canals/Ditches Irrigation: There is a canal that runs along the north boundary of this property.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property does not lie within the flood plain.
Saint Ignatius School — AZ H-2016-0028 PAGE 3
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
Land Use: The subject property is designated Mixed Use - Community (MU -C) on the Future Land
Use Map (FLUM) contained in the Comprehensive Plan.
The purpose of this designation is to allocate areas where community -serving uses and dwellings are
seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including
residential, and to avoid mainly single -use and strip commercial type buildings. Goods and services in
these areas tend to be of the variety that people will mainly travel by car to, but also walls or bike to
(up to 3 or 4 miles. Employment opportunities for those living in and around the neighborhood are
encouraged. Developments are encouraged to be designed according to the conceptual MU -C plan
depicted in Figure 3-3 in the Comprehensive Plan (pg. 27).
Developments should have a unix of at least 3 land use types; residential uses should comprise a
minimum of 20% of the development area at densities ranging from 6 to 15 units/acre; non-residential
buildings should be proportional to and blend in with adjacent residential buildings; vertically
integrated structures are encouraged; supportive and proportional public and/or quasi -public spaces
and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries,
and schools that comprise a minimum of 5% of the development area are required.
The applicant proposes to annex the subject property with a C -C zoning district and develop a private
education institution on the property. Other adjacent properties also within the MU -C designated area
in Ada County have developed with a church (north of the site) and a retail store (Zamzow's)
(northeast of the site); and an assisted living facility was recently approved to the west in the City —
however, there is still land within the MU -C area that is yet to develop that will contribute to the unix
of uses in the MU -C area in the future.
While the design of the subject site and adjacent previously developed properties are not consistent
with the conceptual MU -C plan depicted in Figure 3-3 of the Comprehensive Plan (pg. 27), Staff
finds the proposed use will contribute to the mix of uses in this area and those developed in the future.
The proposed use will serve the community and be easily accessible by car and within walking and
biking distance from nearby residential developments as desired in MU -C designated areas.
Policies: 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):
"Require appropriate landscape and street buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.)." (3.06.02F)
A 35 foot wide street buffer with landscaping is required along N. Meridian Road an arterial
street and entryway corridor, in accord with the standards listed in UDC 11 -3B -7C.
"Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.0117)
A 25 foot wide landscape buffer is required along the southern boundary of the site adjacent
to residential properties.
"Plan for and encourage services like health are, daycare, grocery stores and recreational
areas to be built within walking distance of residential dwellings." (2,01.01C)
The proposed school will provide a community serving use in close proximity and walking
distance from nearby residential developments.
Saint Ignatius School — AZ H-2016-0028 PAGE 4
"Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets." (2.01.04B)
Landscaping is required to be provided within planter islands in par king areas on this site as
required by UDC I1 -3B -8C and within street buffers as required by UDC 11 -3B -7C as
proposed.
"Restrict curb cuts and access points on collectors and arterial streets." (3.06.02D)
The conceptual development plan depicts one fill -access for the site via N. Meridian Road;
anotherfill-access via N. Meridian Road exists approximately 250 feet to the north. Staff
recommends the subject property obtain access via the existing driveway to the north in
accord with UDC 11-3A-3 unless otherwise approved by Council.
"Support the location of school sites within every square mile." (3.02.01B)
The proposed private school will contribute to the education options available in the northern
portion of the City.
"Ensure compatibility of schools with neighborhoods and adjacent land uses." (3.02.01J)
The school is proposed to be setback approximately 56 feet fr•orn the south property line.
Exterior lighting is proposed to be directed away from the residences. Vehicular traffic and
parking is oriented away fi•om the residences on the north and west portions of the site.
"Ensure development provides safe routes and access to schools, parks and other convnunity
gathering places." (3.07.02N)
A detached sidewalk is required to be constructed along the frontage of the site on N.
Meridian Road. There is an existing detached sidewalk along the frontage of the church
property to the north on Meridian Road, north of the access driveway; however; there is no
sidewalk south of the driveway to the subject property. Staff recommends the developer
construct an off-site detached sidewalk to connect from the subject property to the existing
sidewalk to the north to ensure safety of children walling or riding their bicycles to school.
The specific use standards for schools listed in UDC 11-4-3-14 also require safe pedestrian
access to be provided to schools.
"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 by the applicant upon development of the site
in accord with UDC 11-3A-21.
Analysis: Annexation of this property with a C -C zoning district for the development of a private
school is consistent with the FLUM designation of MU -C and should be compatible with adjacent
church, commercial and residential uses. Therefore, Staff feels the proposed development is
appropriate within the MU -C designation.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail
and service needs of the community in accord with the Meridian Comprehensive Plan. Six
districts are designated which differ in the size and scale of commercial structures accommodated
in the district, the scale and mix of allowed commercial uses, and the location of the district in
proximity to streets and highways.
Saint Ignatius School — AZ H-2016-0028 PAGE 5
The C -C district allows a larger scale (than C -N) and broader mix of retail, office and service uses
with access to arterial or collector streets.
B. Schedule of Use: Unified Development Code (UDC) Table 11-213-2 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the C -C zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site as a
private education institution is a principal permitted use in the C -C district, subject to the specific
use standards set forth in UDC 11-4-3-14.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-213-3 for the C -C zoning district.
D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed
in UDC Table 11-213-3 for the C -C zoning district.
E. Off -Street Parking: Off-street parking is required in accord with UDC 11-3C-613 for non-
residential uses.
F. Structure and Site Design Standards: Development of this site must comply with the design
standards in accord with UDC 11-3A-19 and the guidelines listed in the Architectural Standards
Manual.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The applicant has applied for annexation and zoning of 10.71 acres of land with a C -C zoning
district. As discussed above in Section VII, the proposed zoning is consistent with the
corresponding FLUM designation of MU -C and the policies in the Comprehensive Plan as noted.
The proposed annexation area consists of a combination of two parcels (Parcels #50530223155 &
#50530223400) owned by the Roman Catholic Church. The larger parcel currently consists of 24
acres of land and the smaller parcel consists of 1 acre of land; the parcel reconfiguration will
result in two parcels consisting of 14.61 acres and 10.37 acres. The applicant submitted an
application through Ada County to modify the configuration of these two parcels that has
received tentative approval but not final approval (see Record of Survey in Exhibit A.3). Staff
recommends that the applicant submit a letter of final approval from Ada County
Development Services for the Boundary Line Adjustment and a recorded copy of the
Record of Survey, prior to approval of the annexation ordinance by City Council.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and zoned. 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 as a provision of annexation with the provisions included in
Exhibit B and as detailed below.
Note: Staff has confirmed via deeds dated prior to April 4, 1984 that the two existing parcels
owned by the Roman Catholic Diocese of Boise are original parcels of record as defined by UDC
11 -IA -1; once the property boundaty adjustment is finalized through the County and the school
site is annexed into the City, the parcel is eligible for a buildingpermit without having to
subdivide the property.
Concept Plan: A conceptual site plan was submitted with this application that is included in
Exhibit A.2. The applicant proposes to develop the site with a 54,464 square foot private school
Saint Ignatius School — AZ H-2016-0028 PAGE 6
(Saint Ignatius) for Kindergarten through 8"' grade that is associated with the church on the
adjacent property to the north.
The school is proposed to be setback approximately 56 feet from the south property line. Exterior
lighting is proposed to be directed away from the residences. Vehicular traffic and parking is
oriented away from the residences on the north and west portions of the site.
Existing Structures: There is an existing wireless communication facility (stealth tower) on this
site; there are no other existing structures on the portion of the property proposed to be annexed.
Dimensional Standards: All development on the site is required to comply with the dimensional
standards listed in UDC Table 11-2B-3 for the C -C district.
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.
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. The proposed school is (and will be) surrounded by residences on the
south and east sides of the property. Local street access is proposed via Rio De Nickel
Way at the south boundary of the site through Hacienda Subdivision. The northern half of
the property is open to the adjacent church site and further to the north, Chinden Blvd.
C. Location Criteria for Middle Schools and High Schools: Middle and high schools may
take access off a designated arterial or collector street. The conceptplan depicts an
access for the school via N. Meridian Road, an arterial street.
Saint Ignatius School — AZ H-2016-0028 PAGE 7
D. Exemption: An education institution with less than one hundred fifty (150) students or
located within the TN -R district may be exempt fiom the requirements for open space,
landscaping, parking and drop-off areas. The applicant states there will be more than 150
students (up to 450); the property is not within a TN -R district.
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 54,464 square feet and in not within a residential district.)
2. The education institution includes lighted fields adjoining or within a residential
district; The applicant is not proposing lighting for the play field.
3. The education institution will generate in excess of one thousand five hundred
(1,500) vehicular trips per day; A Trac Impact Study (TIS) was submitted to ACHD
but has not yet been reviewed by their traffic engineer to determine if this standard is
applicable. If applicable, a conditional use permit is required.
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) Detached sidewalks are
required to be constructed along Meridian Road, an arterial street, for access to the
school site and along the access driveway via Rio De Nickel Way into the site at the
south boundary.
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; if portable classrooms are
proposed in the future, these standards will apply.
1. Temporary Portables: A temporary portable classroom shall bean 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.
Saint Ignatius School — AZ H-2016-0028 PAGE 8
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.
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. This standard is applicable;
documentation shall be provided with the Certificate of Zoning Compliance application.
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 f 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 facture 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.
Saint Ignatius School — AZ H-2016-0028 PAGE 9
Ada County Highway District (ACRD) is the road authority responsible to report to the
Commission on the above issues. ACHD is currently reviewing this project and has not yet
submitted comments to the City. The Commission and City Council should review ACHD's
staff report (when available) for a detailed analysis of Idaho state code requirements.
Access: Access to arterial streets is limited in accord with the provisions listed in UDC 11-3A-3.
The site plan depicts one full access via N. Meridian Road and a connection to Rio De Nickel
Way at the southwest boundary of the site from Hacienda Subdivision; access through the church
site to the north is also available via Chinden Blvd. (SH -20/26). A full access driveway already
exists approximately 250 feet to the north on the church property. Because access is limited to
arterial streets and these properties are under common ownership, staff recommends access for
the school and the church via N. Meridian Road is combined and access for the school is taken
from the existing driveway, unless otherwise waived by City Council. The applicant is
requesting a waiver from City Council to UDC 11-3A-3 for the proposed access. As an
alternative, the existing access could be closed and relocated to the south in alignment with the
future extension of Director Street as shown on the site plan.
A cross-access/ingress-egress/cross-parking agreement should be recorded between the subject
property and the church property to the north.
A Traffic Impact Study (TIS) was submitted to ACHD for review but comments will not be
available until their engineers have completed their review.
Parking: A minimum of one parking space is required per every 500 square feet of gross floor
area. Based on 54,464 square feet, a minimum of 109 spaces are required. A total of 60 parking
spaces are proposed on the concept plan on the subject property with shared parking on the
church property to the north. Shared parking is required to comply with the standards listed in
UDC 11 -3C -7A.
Staff recommends a cross-access/ingress-egress/cross-parking agreement is recorded
between the subject property and the property to the north to ensure availability of parking
long-term; the shared parking agreement should comply with the standards listed in UDC
11 -3C -7B. Because the days of the week and main hours of operation are different between the
church and school, parking should be adequate for both uses.
Waterways: There is an irrigation ditch that runs along the north boundary of this site. The UDC
(11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless left open as
a water amenity (as defined in UDC 11-1A-1) or linear open space. The applicant proposes to
pipe the facility.
Utilities: 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.
Adequate fire protection shall be required in accord with the appropriate fire district standards.
Street lighting is required to be installed with development of this property in accord with the
City's adopted standards, specifications and ordinances. A Type 1 light is required at the
intersection of Meridian Road and the school entrance and 220 feet to the south of the first light
as shown on the site plan.
Pressurized Irrigation (PI): An underground PI system is required to be provided for this
development in accord with UDC 11-3A-15.
Landscaping: A minimum 35 -foot wide street buffer is required along N. Meridian Road
landscaped in accord with the standards listed in UDC 11-313-7C. A minimum 25 -foot wide
buffer shall be provided along the southern and eastern boundaries of the site to residential uses
and shall be landscaped in accord with the standards listed in UDC 11-313-9C.
Saint Ignatius School — AZ H-2016-0028 PAGE 10
Fencing: The site/landscape plan depicts a 6 -foot tall chain-link fence along the southern
property boundary and a 5 -foot tall chain-link fence around the open play field on the east side of
the site. All fencing should comply with the standards listed in UDC 11-3A-7.
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A
minimum 5 -foot wide detached sidewalk is required to be constructed within the street buffer
along N. Meridian Road. Detached sidewalks are required to have an average minimum
separation of greater than 4 feet to back of curb. The applicant should coordinate the location of
the sidewalk with ACRD.
There is an existing detached sidewalk along the frontage of the church property to the north on
Meridian Road, north of the access driveway; however, there is no sidewalk south of the
driveway to the subject property. Staff recommends the developer construct an off-site detached
sidewalk to connect from the subject property to the existing sidewalk to the north to ensure
safety of children walking or riding their bicycles to school. The specific use standards for
schools listed in UDC 11-4-3-14 also require safe pedestrian access to be provided to schools.
Building Elevations: A conceptual perspective drawing of the future school was submitted that
is included in Exhibit A.4. The building design is a single story constructed primarily of brick
with modulation in the facades and roofline which will complement the design of the existing
church and incorporate similar construction materials and colors. The final design of the structure
is required to comply with the design standards listed in UDC 11-3A-19 and the Architectural
Standards Manual.
In summary, Staff recommends approval of the proposed annexation and zoning request for this
site with a development agreement containing the provisions listed in Exhibit B of this report in
accord with the findings contained in Exhibit D.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Site Plan (dated: 3/1/16)
3. Record of Survey (Not Finalized)
4. Conceptual Perspective Drawing
B. Agency & Department Comments
C. Legal Description & Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
Saint Ignatius School — AZ H-2016-0028 PAGE 11
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THE LAND GROUP
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B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS
1. PLANNING DEPARTMENT
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.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
City within six (6) months of the City Council granting annexation. The DA shall, at minimum,
incorporate the following provisions:
a. The record of survey for the reconfiguration of the property boundary shall be recorded
prior to approval of the annexation ordinance.
b. Use of the subject property is limited to a private education institution. Development of the
site shall substantially conform to the site plan and perspective elevations included in Exhibit
A.
c. If the education institution will generate in excess of one thousand five hundred (1,500)
vehicular trips per day, a conditional use permit is required per UDC 11-4-3-14E.
d. The developer shall pipe or otherwise cover the canal that runs along the northern boundary
of this site in accord with UDC 11-3A-6.
e. Aeoess faf the site shall be provided via the existing dr-iyeway on the ehufeh site !0 the Her-th
tialess Eetineil approves a waiver to UDG 11 3A 3 for- the rvv�cQ-aBccSi-ac�cted vrrth
e
t e size. Council approved a waiver to UDC 11-3-4-3 for the access via N Meridian
Road depicted on the site plan.
f. A minimum 35-foot wide street buffer shall be provided along N. Meridian Road as set forth
in UDC Table 11-213-3 and shall be landscaped in accord with the standards listed in UDC
11-3B-7C.
g. A minimum 25-foot wide buffer shall be provided along the southern and eastern boundaries
of the site to residential uses and shall be landscaped in accord with the standards listed in
UDC 11-313-9C.
h. This 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.
i. All development shall comply with the dimensional standards for the C-C zoning district
listed in UDC Table 11-2B-3 and the specific use standards listed in UDC 11-4-3-14 for
education institutions.
j. A minimum 5-foot wide detached sidewalk is required to be constructed along N. Meridian
Road within the street buffer in accord with UDC 11-3A-17. Detached sidewalks are required
to have an average minimum separation of greater than 4 feet to back of curb, per UDC 11-
3B-7C.1 a(2). Coordinate the location of the sidewalk with ACRD.
The developer shall also construct an off-site detached sidewalk along N. Meridian Road to
connect from the sidewalk required on the subject property to the existing sidewalk to the
north to ensure safety of children walking or riding their bicycles to school in accord with
UDC 11-4-3-14E.
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k. An underground pressurized irrigation system is required to be provided for this development
in accord with UDC 11-3A-15.
1. A Type 1 light is required at the intersection of N. Meridian Road and the school entrance
and also 220 feet to the south of the first light as shown on the site plan; coordinate the details
with Austin Petersen, Public Works Department (208-489-0352).
m. The applicant shall provide written documentation that the facility meets the minimum site
area guidelines as established by the Idaho state department of education in accord with UDC
11-4-3-3-14G.
n. A cross-access/ingress-egress/cross-parking agreement should be recorded between the
subject property and the church property to the north. The shared parking agreement shall
comply with the standards listed in UDC 11 -3C -7B. Shared parking is required to comply
with the standards listed in UDC 11 -3C -7A.
o. The school structure shall incorporate design elements, construction materials and colors that
complement the existing church structure to the north. The final design of the structure is
required to comply with the design standards listed in UDC 11-3A-19 and the Architectural
Standards Manual.
p. The developer shall comply with the provisions in the ACHD staff report for this project.
2. PUBLIC WORKS DEPARTMENT
2.1 General Comments (Required with development of the site)
2.1.1 Applicant shall coordinate water and sewer main size and routing for their project with the Public
Works Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,
if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used
in conformance of City of Meridian Public Works Departments Standard Specifications.
2.1.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.1.3 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 forins. 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. All easements must be
submitted, reviewed, and approved prior to development plan approval.
2.1.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 9-1-28.C.1). 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.
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2.1.5 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
2.1.6 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.
2.1.7 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.
2.1.8 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.
2.1.9 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.
2.1.10 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.
2.1.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.1.12 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.1.13 All grading of the site shall be performed in conformance with MCC 11-1-413.
2.1.14 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.
2.1.15 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.
2.1.16 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.
2.1.17 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. POLICE DEPARTMENT
3.1 The Police Department has no continents on this application.
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4. FIRE DEPARTMENT
1.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking
Knox box plugs.
1.2 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.
1.3 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'/2" 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 %i" 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.
1.4 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.
1.5 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.
1.6 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
1.7 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
1.8 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.
1.9 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.
1.10 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
1.11 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506.
1.12 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.
1.13 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC
102.9
1.14 Buildings over 30' in height are required to have access roads in accordance with the International
Fire Code Appendix D Section D 105.
1.15 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,
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Section A5.2.18.
5. REPUBLIC SERVICES
5.1 The trash enclosure needs to be an 18 -foot wide double enclosure; submit a detail for approval by
Republic Services.
6. PARKS DEPARTMENT
6.1 The Park's Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
The Ada County Highway District (ACHD) staff has completed an initial review of the
submitted traffic impact study for St. Ignatius Elementary School. Below are the
comments/recommendations that will be required to be addressed prior to the District
proceeding with its review of the development application.
1. The intersection capacity analysis shown in in the study did not include the intersection level of
service by lane group. The study should be revised to provide this information and resubmitted to
staff for review.
2. The existing conditions analysis did not review crash history, as required by District policy
7106.8.3. Please provide a crash analysis for the intersections and roadway segment included in the
study for staff's review.
3. Staff questions the traffic volumes shown on Figure 17. How is the traffic volume only increasing
by approximately 10 vehicles on Meridian Road in the AM peak hour? Please review and submit any
modifications to staff for review.
4. The proposed driveway on Meridian Road does not currently have a left turn lane or center land
lane as stated on page 29 of the study. Please provide the left turn lane analysis and submit the
information to staff for review.
5. It is unclear to staff how the proposed student drop-off/pick-up area is going to work. Is the length
of the drop-off adequate for the proposed queues? Do pedestrians have to cross the drop-off/pick-up
area? Is there adequate parking/stacking during pick-up?
6. Figure 14 on page 23 shows a gap in the sidewalk (across an out parcel) on Meridian Road. It
would be beneficial to have a sidewalk constructed across the out parcel; it appears that the out parcel
is owned by the applicant.
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C. Legal Description & Exhibit Map for Annexation Boundary
March 3, 2016
Project No. 115210
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_a
Tfir LAND GROUP, 1NG
ANNEXATION PARCEL
Roman Catholic Diocese of Boise
Holy Apostles Catholic Church
A parcel of land situated in a portion of Government Lot 1 of Section 30, Township 4 North, Range 1
East, Boise Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at the Northwest Section Corner of said Section 30, marked by a brass cap
monument; thence on the west section line of said Section 30, South 00°25'09" West, 769.42 feet,
to a point, said point being the POINT OF BEGINNING;
Thence leaving said west section line, North 88°20'02" East, 217.97 feet;
Thence North 44'08'46" East, 39.13 feet;
Thence South 89'52'46" East, 494.67 feet;
Thence North 00"29'32" East, 290.00 feet;
Thence South 89'52'46" East, 361.45 feet, to a point on the easterly line of aforenentioned
Government Lot 1;
Thence on said easterly line, South 00'29'32" West, 625.02 feet, to the northeasterly comer
of Hacienda Subdivision, Book 96, Page 11825, as recorded in official records of Ada County,
Thence on the northerly line of said Hacienda Subdivision, North 89'52'46" West, 1100.56
feet, to a point on the aforementioned west section line, from which the West One Quarter
Corner of said Section 30 bears South 00'25'09" West, 1591.61 feet;
Thence on said west section line North 00'25'09" East, 300.08 feet, to the POINT OF
BEGINNING.
The above described parcel of land contains 10.71 acres more or less, subject to all existing
easements and rights-of-way of record, A
PREPARED BY:
THE LAND GROUP, INC.
462 E. SHORE DRIVE, SUITE 100
EAGLE, IDAHO 83616
208-939-4041
208-939-4445(fax)
Michael S. Femenia
Off/ 05,/ 2016
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362 E. Shoee Erivx, Stu. 11Y), Engle, i:=aho 8 36%, . IF 1;089'01,4,14 5 rnvw.theiandaroupiry n7
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NW COR SEC 30
— — — — HIGHIVAY 20-26(CHINDEN BLVD) N 114 COR SEC 30
8.24 S.19_ N89'60'45°W 2420,86'
S.251 8.30 ----- 1318.94'
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03/ 03/ 2016
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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 10.71 acre property with a C -C zoning
district and develop a private school on the site consistent with the NU -C FLUM designation
for this property. The City Council finds that the proposed map amendment complies with the
provisions of the Comprehensive Plan and should be compatible with the adjacent church,
residential and commercial uses (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 C -C zoning district is
consistent with the purpose statement for the commercial 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 map amendment will not be detrimental to
the public health, safety, or welfare. City utilities will be extended at the expense of the
applicant. The Commission recommends that the Council consider any oral or written
testimony that may be provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The 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 a C -C zoning district is in the best interest
of the City.
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