Loading...
Owyhee High School AZ, CUP H-2018-0075 Joint School District No. 2ADA COUNTY RECORDER Phil McGrane 2019-005924 BOISE IDAHO Pgs=38 CHE FOWLER 01/24/2019 09:06 AM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. Joint School District No. 2, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this CO day of C0 y and between City of Meridian, a municipal corporation of the State of Idaho, Lrea�t r ca CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Joint School District No. 2, whose address is 1303 E. Central Drive, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "All (93,333 acres of land), which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 12 WHEREAS, Idaho Code § 67-6511 A 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 13 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 annexation and zoning of 108.76 acres of land (93.333 acres of land are owned by Joint School District #2 and subject to this Development Agreement with the remainder of land owned by Robert G. Spriggel and subject to a separate Development Agreement), with an R-8 (Medium Density Residential) zoning district,), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 15 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested annexation and DEVELOPMENT AGREEMENT— OWYHEE HIGH SCHOOL (H-2018-0075) — JOfNT SCHOOLDISTRICTNo. 2 PAGE 1 OF 9 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 2 2 , 2 0 1 9 – P a g e 1 7 0 o f 5 9 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 2 2 , 2 0 1 9 – P a g e 1 7 1 o f 5 9 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 2 2 , 2 0 1 9 – P a g e 1 7 2 o f 5 9 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 2 2 , 2 0 1 9 – P a g e 1 7 3 o f 5 9 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 2 2 , 2 0 1 9 – P a g e 1 7 4 o f 5 9 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 2 2 , 2 0 1 9 – P a g e 1 7 5 o f 5 9 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 2 2 , 2 0 1 9 – P a g e 1 7 6 o f 5 9 4 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Joint School District No. 2 By: &Am L AJ CITY OF MERIDIAN By: Mayor Tammy de W rd STATE OF IDAHO ss: County of Ada, ATTEST -0 gED AUGUST 2 � C y Cole , ity Clerk E IDIAN T 'DAHO SEAL On this /(o day of 2019, before me, the undersigned, a Notary Public in and for said State, personally appearedf� _ _ l5 , known or identified to me to be the "/ of Joint School District No. 2 and acknowledged to me that he executed the same on behalf of saiJ School IN WITT jIKitijj��EOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate fico"', A040. ��/��/ (SEAL) 4��� • �(PUB(/Gi •.� • // Notary Public for Idaho Residing at: tt,e t; ,/�C i S 'e"21 y EyP p; My Commission Expires:-//- s STATE &F A;l &ATE County of Ada "'IF11IIII1y I,- nd On this 22day of OFU) , 2019, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, 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. sEALryHARLENE WAY Notary Public daho U J COMMISSION #67390 Residing at: adWD NOTARY PUBLIC Commission expires: - 'off 8�� STATE OF IDAHO MY COMMISSION EXPIRES 3/222 SCHOOL (H -2018 -0075) -JOINT SCHOOL DISTRICTNo. 2 PAGE 9 OF 9 EXHIBIT A Meridian City Council Meeting Agenda January 22, 2019 – Page 178 of 594 Meridian City Council Meeting Agenda January 22, 2019 – Page 179 of 594 Meridian City Council Meeting Agenda January 22, 2019 – Page 180 of 594 Meridian City Council Meeting Agenda January 22, 2019 – Page 181 of 594 Meridian City Council Meeting Agenda January 22, 2019 – Page 182 of 594 Meridian City Council Meeting Agenda January 22, 2019 – Page 183 of 594 CITY OF MERIDIAN E IDIAN.- FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER C iyU In the Matter of the Request for Annexation and Zoning of 108.76 Acres of Land with an R-8 Zoning District and Conditional Use Permit for: 1) a Public Education Institution (i.e. High School) in an R-8 Zoning District; 2) Lighted Fields and an Outdoor Speaker System adjoining a Residential District; 3) the Generation of Vehicle Trips per Day in Excess of 1,500; and 4) Access Proposed from a Collector Street and there is not Safe, Separate Pedestrian and Bikeway Access between the Neighborhood and the School Site, by Joint School District No. 2. Case No(s). H-2018-0075 For the City Council Hearing Date of: October 23, 2018 (Findings on November 7, 2018) A. Findings of Fact Hearing Facts: Following proper notice, on October 2 and 23, 2018, the Meridian City Council held a public hearing on a request for annexation and zoning of 108.76 acres of land from the RUT zoning district in Ada County to the R-8 zoning district in the City for the development of a public education institution (i.e. high school); and conditional use permit for the following: 1) public education institution (i.e. high school) in an R-8 zoning district; 2) lighted fields (and an outdoor speaker system) adjoining and within a residential district; 3) the generation of vehicle trips per day in excess of 1,500; and 4) access proposed from a collector street and there is not safe, separate pedestrian and bikeway access between the neighborhood and the school site, in accord with UDC Table 11-2A-2 and the specific use standards listed in 11-4-3-14, Education Institution. 2. Process Facts: a. The City Council finds that the parties have fully complied with all applicable notice and hearing provisions. b. A public hearing is required before the City Council on this matter, pursuant to UDC section 11 -5B -3(F) and Idaho Code section 67-6511A. c. Newspaper notifications published on: August 17, 2018 (Commission); September 14, 2018 City Council) d. Radius notices mailed to properties within 1,000 feet on: August 10, 2018 (Commission); September 7, 2018 (City Council) e. Applicant posted notice on site by: August 21, 2018 (Commission); September 21, 2018 (City Council) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0075 - t - Meridian City Council Meeting Agenda November 13, 2018 — Page 124 of 173 EXHIBIT B Meridian City Council Meeting Agenda January 22, 2019 – Page 184 of 594 3. Application and Property Facts: a. Site Address/Location: The site is located at 7020 W. Ustick Rd., in the east''/2 of Section 32, Township 4N., Range 1 W. b. Existing Land Use(s): There is an existing home on the parcel at the northeast corner of the site (Spriggel property) and a dairy on the property at the south end of the site with the remainder agricultural property, zoned RUT in Ada County. c. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding property to the north, west and east consists of rural residential/agricultural land uses, zoned RUT in Ada County; the property to the south lies in Canyon County. d. History of Previous Actions: A Record of Survey (#11348) was recorded on the southern portion of this property in March 2018 that adjusted the existing property boundaries between Parcel No. SO43243 8650 & SO432438700. The boundary of the property proposed to be annexed was not affected. e. Owners: Joint School District No. 2 Robert G. Spriggel 4005 N. McDermott Rd. 4005 N. McDermott Rd. Meridian, ID 83646 Meridian, ID 83642 f. Applicant: Joe Yochum, Assistant Superintendent of Operations Joint School District No. 2 1303 E. Central Dr. Meridian, ID 83642 g. Representative: Matt Adams, The Land Group 462 E. Shore Drive, Ste. 100 Eagle, ID 83616 B. Findings of Fact and Conclusions of Law 1. The City of Meridian exercises herein 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. This approval is subject to compliance with all provisions of the development agreement and conditions associated with the conditional use permit, which are incorporated herein by reference. The conditions in the development agreement are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0075 -2- Meridian 2 - Meridian City Council Meeting Agenda November 13, 2018 — Page 126 of 173 Meridian City Council Meeting Agenda January 22, 2019 – Page 185 of 594 1. ANNEXATION & ZONING 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 City Council finds that the proposed map amendment to the R-8 zoning district is consistent with the Medium Density Residential (MDR) FLUM designation and the Comprehensive Plan. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statement of the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment and subsequent development of a public education institution on this site will not be detrimental to the public health, safety, or welfare. 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 and subsequent development will not adversely impact the delivery of services by any political subdivision providing public services within the City and will actually improve service for the school district. e. The annexation is in the best of interest of the City (UDC 11-511-3.E). The City Council finds the proposed annexation of this property is in the best interest of the City for the reasons stated above. 2. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0075 -3- Meridian 3 - Meridian City Council Meeting Agenda November 13, 2018 — Page 126 of 173 Meridian City Council Meeting Agenda January 22, 2019 – Page 186 of 594 The City Council finds that the site is large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-8 zoning district and the specific use standards listed in UDC 11-4-3-14, Education Institution. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed education institution in the R-8 zoning district is a desired use and is consistent with the goals, objectives and policies of the Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Based on testimony provided at the public hearing, the City Council finds that the general design, construction, operation and maintenance of the education institution should be compatible with existing residential and agricultural uses in the vicinity. Therefore, the City Council finds that the proposed project will be compatible with the existing and intended character of the area and will not adversely change or affect the character thereof. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the Applicant complies with all development agreement provisions and conditions of approval associated with this application. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property; however, it will require significant off-site improvements to bring utilities to and through the site, which will be the responsibility of the developer. Substantial improvements to Ustick Road and intersections in the square mile are required by ACHD prior to occupancy. Further, the City Council finds that due to the rural location of this site at the City's west periphery boundary, longer response times are expected from emergency personnel. However, the City Council finds the proposed use will be adequately served by all essential public facilities and services. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0075 -4- Meridian 4 - Meridian City Council Meeting Agenda November 13, 2018 — Page 127 of 173 Meridian City Council Meeting Agenda January 22, 2019 – Page 187 of 594 The City Council finds that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. C. Decision and Order: Pursuant to the City Council's authority as provided in Idaho Code section 67- 6511A, nor UDC section 11 -5B -3(F) and based upon the above Findings of Fact which are herein adopted, it is hereby ordered that the applicant's requests for annexation and zoning and conditional use permit are hereby approved. D. Notice of Applicable Time Limits: Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11 (UDC 11 -5B -6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. 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 six (6) month approval period. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0075 -5- Meridian 5 - Meridian City Council Meeting Agenda November 13, 2018 — Page 128 of 173 Meridian City Council Meeting Agenda January 22, 2019 – Page 188 of 594 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: 1. Development Agreement Provisions and Conditions of Approval 2. Exhibits CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0075 -6- Meridian 6 - Meridian City Council Meeting Agenda November 13, 2018 — Page 129 of 173 Meridian City Council Meeting Agenda January 22, 2019 – Page 189 of 594 By action of the City Council at its regular meeting held on the 13r day of JQy2m Bek, 2018. COUNCIL PRESIDENT JOE BORTON VOTED /L'OA COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED\a COUNCIL MEMBER TY PALMER VOTED /" O COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor TamXy' Weerd Attest: J y Coles City Clerk m Copy served upon Applicant, Community Attorney. A 11 Cily of w E IDIAN IDAHO SEAL / By: 0 Dated: City Clerk's Office Public Works Department and City CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0075 CWj h ee - 7 - Meridian City Council Meeting Agenda January 22, 2019 – Page 190 of 594 DEVELOPMENT AGREEMENT PROVISIONS ANIS CONWTRONS 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 nortb/south collector street to the Flowers parcel (#S0432438800) 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. Further, an easement shall be provided over the portion of the subject property as depicted on the revised conceptual roadway plan (dated: 11/2/18) to the Woodside Avenue Investor LLC parcel (#SO432429350) for future right -of - ay dedication and construction of a public street which construction shall be at the adiacent propQ& owner's expense. Tl . eone apt „' ,,, RI .n . , ..,,a aeee akt . Page 1 Meridian City Council Meeting Agenda November 13, 2018 — Page 131 of 173 Meridian City Council Meeting Agenda January 22, 2019 – Page 191 of 594 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 D104.2, 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 (er- ethe..., eatis fi„+ listed-). i. 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. In 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. l .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 #50432141900): 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 hook up 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. Page 2 Meridian City Council Meeting Agenda November 13, 2018 — Page 132 of 173 Meridian City Council Meeting Agenda January 22, 2019 – Page 192 of 594 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 11-313-7C and 11-313-8C. 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 -3B -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 -3B -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 specific 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. Page 3 Meridian City Council Meeting Agenda November 13, 2018 — Page 133 of 173 Meridian City Council Meeting Agenda January 22, 2019 – Page 193 of 594 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 -5B -6F; or a time extension must be requested in accord with UDC 11 -5B -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 2.1.2 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. 2.1.3 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. 2.1.4 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. 2.1.5 An easement for extension of the sewer distribution line to the properties to the east shall be granted by the Applicant in the corridor south of the stadium and north of the main baseball diamond as depicted on the revised site context plan (dated: 11/2/18) tThe Applican shall work with the adjoining property owners to define the scope of the easement and coordinate the scope of the work per requirement of City Council at the hearing on October 23 2018 The sewer construction to the properties to the east shall be at the adjacent property owner's expense. 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. Page 4 Meridian City Council Meeting Agenda November 13, 2018 — Page 134 of 173 Meridian City Council Meeting Agenda January 22, 2019 – Page 194 of 594 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 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. 2.2.4 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. Page 5 Meridian City Council Meeting Agenda November 13, 2018 — Page 135 of 173 Meridian City Council Meeting Agenda January 22, 2019 – Page 195 of 594 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 ACRD. 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. Page 6 Meridian City Council Meeting Agenda November 13, 2018 — Page 136 of 173 Meridian City Council Meeting Agenda January 22, 2019 – Page 196 of 594 EXHIBITS A. Vicinity/Zoning Map dev i / Y CHINDE- Page 7 Meridian City Council Meeting Agenda November 13, 2018 — Page 137 of 173 t I If ;I IFI_ I It z 1z LU AJ It" All W FRANKLAN= AN Page 7 Meridian City Council Meeting Agenda November 13, 2018 — Page 137 of 173 Meridian City Council Meeting Agenda January 22, 2019 – Page 197 of 594 B. Site Context Plan (dated: 11/ 2/18) iL SPRIGGEL 1} -gin + c NNSc j [ l Vicinity Map z , I v;Aso Ij I j 'xifrwuE\ I m C /'LCr-OwERS II Site Conted Plan _ — L,R I 1ViSIa '17 EX 1 Page 8 Meridian City Council Meeting Agenda November 13, 2018 – Page 138 of 173 Meridian City Council Meeting Agenda January 22, 2019 – Page 198 of 594 C. Landscape Plan (dated: 6/21/18) Page 9 Meridian City Council Meeting Agenda November 13, 2018 — Page 139 of 173 Meridian City Council Meeting Agenda January 22, 2019 – Page 199 of 594 Meridian City Council Meeting Agenda January 22, 2019 – Page 200 of 594 CR iL Oil WEST USTICK ROAD j 10 20 23r - Page 11 Meridian City Council Meeting Agenda November 13, 2018 — Page 141 of 173 mull 23r - Page 11 Meridian City Council Meeting Agenda November 13, 2018 — Page 141 of 173 Meridian City Council Meeting Agenda January 22, 2019 – Page 201 of 594 A Conceptual Building Elevations (dated: 6/21/ 18) FRONT ELEVATION 810E ELEVATION REAR ELEVATION • CLASSROOM WINO SIDE ELEVATION Nuc DESM 7VVESr REAR ELEVATION • GYMNASIUM OVIYHEE HIGH SCHOOL EXTERIOR ELAVATION8 Meridian City Council Meeting Agenda November 13, 2018 — Page 142 of 173 Page 12 JUNE 71, 1018 Meridian City Council Meeting Agenda January 22, 2019 – Page 202 of 594 Page 13 Meridian City Council Meeting Agenda November 13, 2018 — Page 143 of 173 Meridian City Council Meeting Agenda January 22, 2019 – Page 203 of 594 E. Annexation Legal Dese6ption & Exhibit Map May 14, 2018 Project No. 118001 THL LAND GROUP, INC. ANNEXATION CITY of MERIDIAN A parcel of land being a portion of the cast one half of Section 32, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING at the South One Quarter corner of said Section 32, marked by a 5/ 8" iron rod, thence on the north -south mid-section line of said Section 32, North 00' 36'39" East, 2631..82 feet, to the Center One Quarter corner of said Section 32; Thence continuing on sold mid-section line, North 00"36'39" East, 641.84 feet; Thence leaving said mid-section line, South 86'41'44" East, 581.69 feet; Thence South 82°03'34" East, 557.33 feet; Thence North 66°26'46" East, 280.00 feet; Thence South 75"07'44" East, 1296.05 feet to a point on the easterly section line of aforementioned Section 32, from which the northeast corner of said Section 32 bears, North 00°32'39" East, 2292.08 feet; Thence on said easterly section line, South 00'32' 39" West, 341.62 feet; Thence leaving said easterly section line, North 89'19'39" West, 1323.00 feet, to the center east one - sixteenth corner marked by an aluminum cap monument; Thence South 00'33'03" West, 1316.33 feet; Thence South 00"33' 19" West, 917.73 feet, to the northeasterly corner of property described in Record of Survey #11348, as recorded at Instrument #2018-036119, Ada County records; Thence North 67'07'23" West, 478.51 feet; Thence South 00`33'19" West, 579.05 feet, to a point on the south section line of aforementioned Section 32, from which the southeast corner of said Section 32 bears, South 89°17'50" East, 1768.22 feet; Thence on said south section line, North 89`17'50" West, 882.80 feet, to the POINT OF BEGINNING. The above described parcel contains 108.76 acres, more or less and is subject to all existing easements and right-of-ways of record. Attached hereto is Map Exhibit "B" and by this reverence is made a part thereof. PREPARED BY: THE LAND GROUP, INC. Michael S. Femenia 550 Meridian City Council Meeting Agenda November 13, 2018 — Page 144 of 173 I of 2 Page 14 Meridian City Council Meeting Agenda January 22, 2019 – Page 204 of 594 Annexation Situate in a portion of the East 1/2 of Section 32 Township 4 North, Range 1 West, Boise Meridian Ada County, Idaho 2018 r586041'44'E 581.89' S82`03'341 557.33'--- Q I N66°26'46'1: 280,00'— k 0 II SW OF HE S89019'39'E 1322,79' CEI/ 16 COR SEC 32 1 HE COR SEO 32 CP&F#10602332.6 N00"32'39'E 2292,08' SE OF NE SOO°32'39'W 341.67---" N8Vl0'39'W 1323.00' E1/4 COR SEC 32 J PER ROS#8659 I M CP&F#2016-120634 C1/4 COR SEC 32 I m r CP&F#8827104 g T ° NW OF SE NE OF SE , o o CM NI 108.76 [Acres I /- N W 8'32H89 -1832' W 1324.17' N89°20'14'1N 1324.23' pif CF rn SW OF SE IwI N67o07'23' W 478.51' I M Cn SE OF SE - Iw o) I L 1/4 COR SEC 32 0 F#2018-021692 SE COR SEC 32 z CP&F#111049877 33'19'141 579.05' 1 T50'1N 682.80' _ S89" 17'50'E 1768.22' t --- POR West Ustick Road 550 OF a em ia:v Annexation m 11MUNr61acnie. V- MV 1 Page 15 Meridian City Council Meeting Agenda November 13, 2018 — Page 145 of 173 w THE LAN GROUP:+ eraF eop5a;d tNooMMrnn Annexation -City of Meridian w,um: n"lit,. IB2C118n awn 6tt?in3 1fakD:°°",° West Ustick Road u". P1cra208.[Q):lon-iaa:{tk3i.itds Exhibit iig,i Aft County Idaho 1 Page 15 Meridian City Council Meeting Agenda November 13, 2018 — Page 145 of 173 Meridian City Council Meeting Agenda January 22, 2019 – Page 205 of 594 F. Conceptual Roadway Plan (dated: 11/2/18) e o m I 50 -FT WIDE FUTURE R.O.W. EASEMEtlT t i a-aci gyp` iJ 50Ff WIDE R.O.W. AND I i t I LOCAL STREET CONSTRUCTION t % !%" ii z 1.1.i 1 .., ROWERS wooDslDe m m 7'l I I nnuxtccusrcur 1 _ PARCEL PARCEL I ' I I I i I I I I [] a III t------ 1 =-1--J-- 1-=J- - /' YLIr'F.ST US'TTC-K rRO4D r F Conceptual Roadway Plan M1 0 i Y CY4 Ex a Page 16 Meridian City Council Meeting Agenda November 13, 2018 — Page 146 of 173 Meridian City Council Meeting Agenda January 22, 2019 – Page 206 of 594