Loading...
CC - Applicant Response to Conditions of ApprovalGIVENS PURSLEYLLP Attorneys and Counselors at Law 601 W. Bannock Street Gary G. Allen Neal A. Koskella W. Hugh O'Riordan, LL.M. PO Box 2720 Christopher J. Beeson Debora K. Kristensen Randall A. Peterman Boise, ID 83701 Jason J. Blakley Michael P. Lawrence Jack W. Relf Telephone: 208-388-1200 Clint R. Bolinder Franklin G. Lee Michael O. Roe Facsimile: 208-388-1300 Jeff W. Bower David R. Lombardi Jamie Caplan Smith Preston N. Carter Kimberly D. Maloney P. Mark Thompson www,givenspursley.com Jeremy C. Chou Kenneth R. McClure Jeffrey A. Warr William C. Cole Kelly Greene McConnell Robert B. White Michael C. Creamer Alex P. McLaughlin Jeff Bower Amber N. Dina Melodie A. McQuade jeffbower@givenspursley,com Bradley J. Dixon Christopher H. Meyer Thomas E. Dvorak L. Edward Miller Jeffrey C. Fereday Patrick J. Miller Martin C. Hendrickson Judson B. Montgomery Kenneth L. Pursley 11940-2015) Brian J. Holleran Emily G. Mueller James A. McClure (1924-2011) Kersti H. Kennedy Deborah E. Nelson Raymond D. Givens 11917-2008) October 19, 2018 via email sallengmeridiancity.org Sonya Allen, Associate City Planner 33 E Broadway Ave. Suite 102 Meridian, Idaho 83642 Re: H-2018-0075 Dear Ms. Allen: As you know, this firm represents Joint School District No.2 ("School District") a/k/a West Ada School District. We received the attached Staff Recommended Conditions of Approval from you via email on October 19, 2018. The purpose of this letter is to notify City Staff and the City Council that the School District is in support of all of the conditions outlined in the attached Staff Recommended Conditions of Approval. 61 JE Enclosure cc: Bill Nary <bnanL@meridiancity.org Bruce Freckleton <bfreckleton meridiancit .vr Scott Colaianni <scolaianni c@meridiancity.org Joe Bongiorno < bon iorno .meridiancity.org STAFF RECOMMENDED CONDITIONS OF APPROVAL 1. Planning Division 1.1 Development Agreement provisions (WASD Properties Parcel # SO432438650 and SO432438700): 1.1.1 Compliance with the specific use standards listed in UDC 11-4-3-14, Education Institution, is required, including the provisions for accessory uses and portable classrooms. 1.1.2 Any outdoor lighting provided on the site, including any stadium and parking lot lighting, is required to comply with the standards listed in UDC 11-3A-11. 1.1.3 Construct a detached 10 -foot wide multi -use pathway/sidewalk along the east side of the north/south half mile collector street from W. Ustick Rd. to the north boundary of the annexation area; and along the north side of W. Ustick Rd. to the east boundary of the annexation area in accord with the Pathways Master Plan. Pathway landscaping shall be provided in accord with the standards listed in UDC 11-313-12C. 1.1.4 To mitigate extended response times for the Police Department, a Student Resource Officer (SRO) will be added to the annual contract between West Ada School District (WASD) and the City of Meridian and placed at Owyhee High School for school safety, prevention and education outreach programming. Recognizing that the cost of placing an SRO at Owyhee High School is an operational expense, a new contract is approved/signed on an annual basis, and increases/decreases in funding determine priorities for WASD, an SRO must be provided for no less than the first three (3) years after opening (i.e. 2021-2022, 2022-2023, 2023-2024). 1.1.5 All improvements to adjacent roadways and intersections as required by ACHD shall be completed prior to issuance of Certificate of Occupancy for the high school. 1.1.6 A north/south collector street shall be constructed at the half mile along the west boundary of the site from W. Ustick Rd. to the north boundary of the annexation area in accord with the Master Street Map; this will include construction of a crossing over the McFadden Lateral. (Note: If the collector street is not extended to W. McMillan Rd. for a second public street access to the site, a temporary turnaround that meets ACHD and Fire Department requirements may be required.) 1.1.7 An east/west collector street shall be constructed along the north boundary of the high school site and stub to the Spriggel (#SO432141900) and Acclima (#SO432417350) parcels in accord with the Master Street Map with a temporary turnaround that meets ACHD and Fire Department requirements. 1.1.8 An east/west local street shall be constructed from the north/south collector street to the Flowers parcel (fiSO432438800) at the east boundary of the WASD property with a temporary turnaround that meets ACHD and Fire Department requirements prior to issuance of Certificate of Occupancy for the high school. The concept plan shall be revised accordingly. 1.1.9 The school district shall provide bus service for all students attending the high school and future elementary school until such time as safe, separate pedestrian and bicycle access between neighborhoods and the school site is provided, as determined by the Safety Bussing Committee in accord with WASD Policy 702.51 and §33-1501 ("The Board may transport any pupil a lesser distance when in its judgement the age or health or safety of the pupil warrants.") (UDC 11-4-3- 14E.4). 1.1.10 Detached sidewalks/pathways (as applicable) shall be provided along the frontage of the annexation area on W. Ustick Rd. and N. McDermott Rd. (on the Spriggel parcel) as set forth in UDC 11-3A-17. 1.1.11 Another public street access, in addition to the collector street access proposed via Ustick Rd., that meets Fire Department separation requirements per International Fire Code Appendix D 104.2, shall be constructed to the site prior to issuance of Certificate of Occupancy for the high school. This may be accomplished through one of the following means (or other means not listed): Extension of the north/south collector street at the half mile from the WASD property to W. McMillan Road; this will include construction of a bridge over the Five Mile Creek, water and potentially sewer main infrastructure in the street, and a detached 10 -foot wide multi -use pathway/sidewalk along the east side of the street. ii. Extension of an east/west public street from N. McDermott Rd. to the north/south collector street. hi the event SH -16 is extended and access is cut off from N. McDermott Rd. before the north/south collector street is extended to W. McMillan Rd., another public street access shall be constructed that meets Fire Department requirements prior to the access being closed. 1.1.12 Except for the proposed north/south collector street at the half mile, direct access via W. Ustick Rd. is prohibited in accord with UDC 11-3A-3. 1.1.13 A property boundary adjustment application may be submitted to reconfigure the existing parcels to create a buildable parcel for the future elementary school; otherwise, the property will be required to be subdivided to create a buildable parcel. 1.1.14 With future development of the elementary school site, construct a public street along the east boundary of the site from the east/west collector street to the north property boundary as shown on the conceptual development plan; this will include construction of a crossing over the McFadden Lateral. 1.1.15 Future development of this site shall generally comply with the site plan submitted with the conditional use permit for the high school and the conceptual development plan submitted for the future residential area adjacent to W. Ustick Rd. and the elementary school at the north boundary of the site. 1.2 Development Agreement Provisions (Spriggel, Parcel #SO432141900): 1.2.1 Future development of the subject property shall be generally consistent with the conceptual development plan unless otherwise amended through a Development Agreement modification application. 1.2.2 The existing home shall hookup to City water and sewer services within 60 calendar days of services becoming available. At such time, the existing well may only be used for irrigation purposes and the septic system shall be abandoned as set forth in Meridian City Code 9-1-4. 1.3 Conditional Use Permit — Site Specific Conditions of Approval: (only applicable to high school site) 1.3.1 The site/landscape plan submitted with the Certificate of Zoning Compliance application shall be revised as follows (as applicable): a. Depict vegetative groundcover in required landscape areas per the standards listed in UDC 11- 3B -7C and 11 -3B -8C. b. The east/west local street at the half mile shall be built to ACHD's collector street standards and in accord with the Master Street Map. c. Depict a minimum 20 -foot wide street buffer along the south side of the east/west collector street at the half mile as set forth in UDC Table 11-2A-6, landscaped in accord with the standards listed in UDC 11-313-7C; depict minimum 5 -foot wide detached sidewalks on both sides of the street in accord with UDC 11-3A-17. d. Depict a minimum 20 -foot wide street buffer along the east side of the north/south collector street at the half mile as set forth in UDC Table 11-2A-6, landscaped in accord with the standards listed in UDC 11-313-7C. e. Depict a 10 -foot wide detached sidewalk/multi-use pathway along the east side of the north/south half mile collector street in accord with the Pathways Master Plan, landscaped per the standards listed in UDC 11-313-12C. f. Depict an east/west local street from the north/south collector street to the Flowers parcel (#SO432438800) at the east boundary of the annexation area with a Fire Department approved turnaround; minimum 5 -foot wide sidewalks are required on both sides of the street in accord with UDC 11-3A-17. 1.3.2 Accessory uses and future portable classrooms shall comply with the speck use standards listed in UDC 11-4-3-14. 1.3.3 Outdoor lighting, including parking lot and stadium lighting, shall comply with the standards listed in UDC 11-3A-11. 1.3.4 The proposed site layout and structures are required to comply with the design standards listed in UDC 11-3A-19 in the Architectural Standards Manual (ASM). 1.3.5 Submit a Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) application to the Planning Division for approval of the proposed use and final site layout and building design prior to submittal of a building permit application. 1.3.6 Development of this site shall substantially comply with the site plan, landscape plan and building elevations included in Exhibit A as amended by the conditions of approval in this report. 1.3.7 The applicant shall comply with the Specific Use Standards listed in UDC 11-4-3-14, Education Institution. 1.3.8 Prior to issuance of Certificate of Occupancy, a 14 -foot wide public pedestrian access easement is required to be submitted to the Planning Division for the multi -use pathways within the annexation area that are located outside of the right-of-way for approval by City Council and subsequent recordation. 1.3.9 The applicant shall comply with the provisions of the Development Agreement associated with the annexation and zoning of this property. 1.3.10 The applicant shall have a maximum of two (2) years to 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 as set forth in UDC 11-513-6F; or a time extension must be requested in accord with UDC 11- 513-6F. 1.3.11 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval: 2.1.1 A street light plan will need to be included in the final plat and/or building permit application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public works.aspx?id=272 2.1.3 Water system capacity is available to serve this development with the two 12 -inch mainline connections shown on the development plans. A new 12 -inch diameter water main will be required under the collector roadway connection to Ustick Road in compliance with the Water System Master Plan. 2500 gpm is available at any location in loop around school. Prior to occupancy of the high school, Applicant shall coordinate with property owners to the east to ensure access to water by providing easements to proposed water improvements for this project. 2.1.4 The provision of water and sewer service to this development will require significant off-site improvements to bring utilities to and through the site, which will be the responsibility of the developer. The site is also subject to reimbursement fees, and upgrade expenses associated with the Oaks Lift Station, as well as other reimbursement fees associated with the water system. 2.1.5 Upon cursory review of the proposed infrastructure design within Ustick and McDermott Roads, it does not appear that any of the mainlines are being planned above and beyond what is contemplated in the approved Meridian Water and Wastewater Master Plans. Therefore they would not be eligible for reimbursement under Meridian City Code (MCC) 8-6-5. Pump upgrades to the existing lift station may be eligible for reimbursement, and therefore Applicant will need to follow the provisions of MCC 8-6-5. 2.2 General Conditions of Approval: 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (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. 2.2.3 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 EMBIT 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. 2.2.4 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, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being developed 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. 2.2.6 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 Street signs are to be in place, water system shall be approved and activated, and at a minimum, a compacted gravel access road shall be approved, prior to issuance of building permits. 2.2.9 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 2.2.10 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities 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. 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 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 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. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211.