Z - Development Agreement Compass Charter H-2018-0048ADA COUNTY RECORDER Christopher D. Rich 2018-079763
BOISE IDAHO Pgs=50 LISA BATT 08/22/2018 02'11 PM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1 Y City of Meridian
2. Bouma, USA, Developers
3. Sunshine Landscape, Inc.; Gem State Home Buyers, LLC/A Star Properties
LLC; Rene A. and Cheryl Shoop; Owners
THIS DEVELOPMEN AGREEMENT (this Agreement), is made and entered into
this day of , 2018, by and between City of Meridian, a municipal
corporation of the State f Idaho, heare, , r called CITY whose address is 33 E. Broadway
Avenue, Meridian, Idaho 83642 and Sunshine Landscape, Inc., whose address is PO Box 724,
Meridian, ID 83680; Gem State Home Buyers, LLC/.A: Stam Properties, LLC, whose address is
PO Box 140191, Boise, ID 83714; and Rene A. and Cheryl Shoop, whose address is 382.2 W.
Lake Hazel Road, Meridian, ID 83642, hereinafter called OWNERS and Bouma, USA whose
address is 445 Pettis, Suite 201, Ada, Michigan 49301 hereinafter called DEVELOPER.
1, CITALS:
1.1 WHEREAS, Owners are 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 Cade § 67-6511 A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owners and/or Developer
make a written commitment concerning the use or development ofthe subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-58-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHER.A,S, Owners and/or Developer have submitted an application for the
annexation and zoning of 17.036 acres of land, described in Exhibit "A", from
the RUT to the ME (Mixed Employment) zoning district, under the Unified
Development 'Code, which generally describes how the Property will be
developed and what improvements will be made; and
1.5 WHEREAS, Owners and/or Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and before
DEVELOPMENT AGREEMENT —COPp�' M�a�Lti�� r ��1c��j$�t 21, 2018— Page 343 of 92AGE 1 OF 10
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
zoning of the Property held before the Planning & Zoning Commission, and
subsequently before the City Council, includes responses of government
subdivisions providing services within the City of Meridian planning
jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 8"' day of August, 2018, 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 Owners and/or Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owners and/or 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 Owners and/or 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 ofthis 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 afTected property owners and to ensure zoning designation are in
accordance with the amended Comprehensive Plan of the City of Meridian on
October 11, 2016, Resolution No. 16-1173, 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.
DFWLOPMENT AGRrEMENT 21, 2018'- Page 344 Of 9CRAGE 2 OF 10
3.2 OWNERS: means and refers to Sunshine Landscaping Inc., whose address
is PO Box 724, Meridian, ID 83680; Gem State Home Buyers, LLC/A Star
Properties, LLC, whose address is PO Box 140191, Boise, ID 83714; and
Rene A. and Cheryl Shoop, whose address is 3822 W. Lake Hazel Road,
Meridian, ID 83642, the parties that own said Property and shall include any
subsequent owner(s) of the Property,
3.3 DEVELOPER.- means and refers to Bouma, USA, whose address is 445
Pettis, Suite 201, Ada, Michigan 49301, the y part, that is developing said
party
Property and shall include any subsequent developer(s) of the Property,
3.4 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A" describing
the parcels to be re -zoned Mixed Employment, (ME) zoning district and
attached hereto and by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement,
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owners and/or Developer shall develop the Property in accordance with the
following special conditions:
a. Development of this site shall substantially comply with the design standards listed in,
UDC 11-3A-19; the guidelines contained in the Architectural Standards Manual, the site
plan and building elevations in Exhibit A of the Staff Report attached to Exhibit "B",1
Findings of Fact Conclusions of Law.
b. All future development of the subject property shall comply with City of Meridian
ordinances in effect at the time of development.
c. Certificate of Zoning, Compliance and Administrative Design Review applications are
required to be submitted to the Planning Division for approval of all future buildings/uses
on the site, prior to applying for a building permit.
d. The applicant shall comply with the Education Institution standards set forth in UDC 11 -
3A-14.
e. Prior to submitting an application for a Certificate of Zoning Compliance, the applicant
shall finalize a property boundary adjustment in order to consolidate the parcels into one
parcel.
Dr--vELopmrNT AomrMENT —COW 41'§nq*tTcFd%4*W&6fAAqA§W" 21, 2018'- Page 345 of 90iPAGI: 3 OF 10
f. All development within the 75 -foot wide Williams pipeline casement shall adhere to the
most current standards contained in the Williams Gas Pipeline Developers' Handbook.
g. Access to the future collector roadway shall be approved as shown on the concept plan in
Exhibit A.4 All future access point to the collector roadway shall be governed by UDC
11-3A-3.
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:
73 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 Owners and/or Developer's default
of this Agreement', Owners and/or Developer shall have thirty, (30) days from
receipt of written notice from City to initiate commencement of action to
correct the breach and cure the default, which action must be prosecuted with
diligence and completed within one hundred eighty (180) days; provided,
however, that in the case of any such default that cannot with diligence be
cured within such one hundred eighty (180) day period, then the time allowed
to cure such failure may be extended for such period as may be necessary to
complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owners and/or Developer that is not
cured after notice as described in Section 7.2, Owners and/or Developer shall
be deemed to have consented to modification of this Agreement and de -
annexation and reversal of the zoning designations described herein, solely
against the offending portion of Property and upon City's compliance with all
applicable laws, ordinances and rules, including any applicable provisions of
Idaho Code §§ 67-6509 and 67.6511. Owners and/or Developer reserve 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 Owners and/or 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 perform nce 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 Owners and/or 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.
DEVELOPMENT AGREEMENT'— 21, 2018 - Page 346 Of 90rA(3E 4 OF 10
7 Waiver. A waiver by City of any default by Owners and/or 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 away such or other covenants and
conditions.
8. INSPECTION: Owners and/or 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 Owners and/or Developer, prior to
the third reading of the Meridian Zoning Ordinal -Ice 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 ofthe, Property contemplated hereby, the City
shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein,
11. SURETY OF PERFORMANCE. The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owners and/or Developer agree
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 Owners and/or Developer to the City in accordance
with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES.- That Owners and/or Developer agree 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: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho; 83642
DEVELOPMEN'r AGREEMENT - 21, 2018 - Page 347 Of 90PAGE 5 OF 10
OWNERS:
Sunshine Landscape,ine.
PO Box, 724
Meridian, Idaho 83680
Rene A. and Cheryl Shoop
3822 W. Lake Hazel Road
Meridian, Idaho 83642
DEVELOPER:
Boma, USA
445 Pettis, Suite 201
Ada, Michigan 49301
Gem State Home Buyers, LLC/A Star Properties, LLC
PO Box 140191
Boise, Idaho 83714
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 Owners and/or Developer, each subsequent owner and any other person acquiring an interest in
the Property. Nothing, herein shall in any way prevent sale or alienation of the Property, or portions
thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees, upon written request of Ownersand/or Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had
determined that Owners and/or Developer have fully performed their 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, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
DEvFLOIIMF-,NT AGREEMENT — 21, 2018 — Page 348 of 90PACiF 6 -OF 10
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 AGREE MENT: This Agreement sets forth all promises, inducements
agreements, condition and understandings between Owners and/or 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 Owners and/or 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 ofthe
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]
DFVELOPMENIT AGRFMENT —ler t 21, 2018 - Page 349 of 902mx 7 off 10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNERS:
Sunshine Landscape, Inc.
Rene A. Shoop
DEVELOPER:
Bouma,USA
BY:
Its:
Gem State Home Buyers, LLC/
A Star Properties LLC
By:
Its:
Cheryl Shoop
CITY OF MERIDIAN ATTEST•
2
1 *TEDA/i _
Cif
W
Mayor T de Weerd Coles, CkVClerk
C) SEAL
e TRE
DEVELOPMENT AGREEMENT- COMPASS CHARTER SCHOOL (H-2018-0048) PAGE 8 or 10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNERS:
Sunshine Landscape, Inc.
By:
Its:
Rene A. Shoop
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By: P
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Its: e—hLef a -
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CITY OF MERIDIAN
By:
Mayor Tammy de Weerd
Gem State Rome Buyers, LLC/
A Star Properties LLC
By:
Its:
Cheryl Shoop
ATTEST:
Clay Coles, City Clerk
DEVELOPMENT AGREEMENT —COMPASS CHARTER SCHOOL (H-2018-0048) PAGE 8 OF 10
%OeMr-idian City Council Meeting Agenda August 1, 2018 — Page 351 of 902
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNERS:
Sunshine Landscape, Inc.
By:
Its:
Rene A. Shoop
DEVELOPER:
Bouma, USA
By:
Its:
CITY OF MERIDIAN
Gem State Home Buyers, LLC/
A Star Properties LLC
i
eR0(?'wrfe5- le -6
By: 4P 4, -e
ATTEST:
By:
Mayor Tammy de Weerd Clay Coles, City Clerk
DEVELOPMENT AGREEMENT - COMPASS CHARTER SCHOOL (H-2018-0048) PAGE 8 OF 10
Meridian City Council Meeting Agenda August 21, 2018 — Page 352 of 902
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNERS. -
Sunshine Landseape, Itic.
DEVELOPER:
Uouma, USA
By:
Its:
CITY OF MERIDIAN
Gem State Home Buyers, LLC/
A Star Properties LLC
By:
Its:
ATTEST!
By:
Mayor Tammy de Weerd C.Jay Coles, City Clerk
[)FVFL0PMEN,r AGRUNENT - COMPASS CHAwrm ScHOOL (H-20119-0048) PAGE, 8 OF 10
Meridian City Council Meeting Agenda August 21, 2018;— Page 353 of 902
ACKNOWLEDGMENTS'
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNERS:
Sunshine Landscape, Inc.
By
Its:
Rene A. Shoop
DEVELOPER:
Bouma, USA
By
Its:
CITY OF MERIDIAN
By
Mayor Tammy de Weerd
Gem State Home Buyers. LLC/
ATTEST:
C.7ay Coles, City Clerk
DEvaoPMFNT AGREE aNT — CowAss CHARna SCHOOL (H-2018-0048) PAGE 8 OF 10
Meridian City Council Meeting Agenda August 21, 2018 - Page 354 of 902
STATE OF )
ss:
County of _ )
On this day of _, 2018, before me, the undersigned, a Notary Public in and for said State, personally
appeared known or identified to me to be the . of Bouma, USA, and
the person who signed above and acknowledged to me that he executed the same on behalf of said entity.
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)
STATE OF Idaho
ss:
County of Ada
On this ay f
personally
appeared
of said corporate nv. 601
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IN WITNESSqWH4
certificate first above YO.—m6ert'
(SEAL)
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STATE OF Idaho
ss:
County of Ada
Notary Public for
Residing at:
My Commission Expires:
before me, the undersigned, a Notary Public in and for said State,
'known or identified to me to be the
e, Inc., and acknowledged to ine that he executed the same on behalf
XWZtke Vto set my hand and affixed my official seal the day and year in this
IPA A r-A—A
Notary Public for Who
OF 10 Residing at: C,
My Commission xpires:&12z)110
On this _ day of 2018, before me, the undersigned, a Notary Public in and for said State,
personally appeared known or identified to me to be the
— of Gem State Home Buyers, LLC/A Star Properties'LLC, and acknowledged to me that he
executed the same on behalf of said corporation.
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)
Notary Public for Idaho
Residing at:
My Commission Expires:
DEVELOPMENT AGREEMENT - 21, 2018;- Page 355 Of 90PAGF 9 OF 10
STATE OF
: ss:
County of
On thisS day Of
2018, before me, the undersigned, a Notary Public in and for said State, personally
appeared Q-4ut of 2018,
A -iv -A known or identified tome to be the too of Bouma, USA, and
the person who signed above and acknowledged to me that he executed the same on behalf of said entity.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
(SEAL)
0 ryPublic or
Residing at:
My Commission Expires:
V
LESA M SMIGIEL
Notary Public - Micligan
STATE OF Idaho Kent County
My Commission Expires :23, "18
County of Ada
ss: Acting in the County of
On this day of 2018, before me, the undersigned, a Notary Public in and for said State,
personally appeared , known or identified to me to be the
of Sunshine Landscape, Inc., and acknowledged to me that he executed the> same on behalf
of said corporation.
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)
STATE OF Idaho
: ss:
County of Ada
Notary Public for Idaho
Residing at:
My Commission Expires:
On this _ day of 2018, before me, the undersigned, a Notary Public in and for said State,
personally appeared 'known or identified to me to be the
of Gem State Home Buyers, LLC/A Star Properties LLC, and acknowledged to me that he
executed the same on behalf of said corporation.
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)
Notary Public for Idaho
Residing at:
My Commission Expires:
DEVELOPMENT AGREEMENT — ComPAss CHARTER SCHOOL (H-2018-0048) PAGE 9 OF 10
Meridian City Council Meeting Agenda August 21, 2018— Page 356 of 902
STATE OF
ss:
County of
On this — day of _, 2018, before me, the undersigned, a Notary Public in and for said State.. personally
appeared known or identified to me to be the of Bouma, USA, and
the person who signed above and acknowledged to me that he executed the same on behalf of said entity.
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)
STATE OF Idaho
: ss:
County of Ada
Notary Public for
Residing at:
My Commission Expires:
On this day of _, 2018, before me, the undersigned, a Notary Public in and for said State,
personally appeared , known or identified to me to be the
of Sunshine Landscape, Inc., and acknowledged to me that he executed the same on behalf
of said corporation.
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)
Notary Public for Idaho
Residing at:
My Commission Expires:
STATE 0
ss: 4
ofg'ot/
County Ili — 3
On this day2of�& ' "11'0t 21,018, before me, the undersigned, a Notary Public in and for said State,
--or--kientified to me to be the
i-sonally a pered ,-4mvwn
p — -4/1
o e Star Properties LLC:)and acknowledged to me that he
executed the same on behalf of said corporation;
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
(SE
-CHAD,EUBANKS Notary Public for Idaho
Notary P . ublic Residing at: Ctw 0 Atgc&�IM
Stats
My Commission Expires: Sto..–a.o 1c\
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Of Idaho
DEVELOPMENT AGREEMENT — COMPASS CHARTER SCHOOL (H-2018-0048)
PAGE 9 OF 10
Meridian City Council Meeting Agenda August 21, 2018 – Page 357 of 902
STATE OF Idaho
ss:
County of Ada
On this A day of 2018, before me, the undersigned, a Notary Public in and for said State,
personally appeared Rene A. Schoop1nown or identified to me to be the person who signed above and acknowledged to
me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat the day and year in this
certificate first above written.
(SEAL)
4'
otary Public for Idaho ter
NT0-%
Residingat: �V�zb
My Commission Expires:
I w6irAml fto AMS1 a—
My Commis -ZZ2 011-/
STATE OF ID
County of Ada
On this --2-1 %4- do), of - )NUQU5�- , 2018, before me, a Notary Public, personally appeared
Tummy de Weerd and C.Jay Coles, knowg 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,
(SEA
oyadvaWait,
Notary Public b - Idaho
Residing at:Akj� 460"
Commission expires: 3- Al
DEVELOPMENT AmEEMENT-CONIPASSCHARTER SCMOOL(H-2018-0048) PAGE 10 OF 10
STATE OF
ss:
County of
On this —day of 2018, before me, the undersigned, a Notary Public in and for said State, personally
appeared -known or identified to me to bethe ofBoumn, USA, and
the person who signed above and acknowledged to me that he executed the same on behalf of said entity.
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)
STATE OF Idaho
ss:
County of Ada
Notary Public for
Residing at:
My Commission Expires:
On this day of 2018, before me, the undersigned, a Notary Public in and for said State,
personally appeared known or identified to me to be the
of Sunshine Landscape, Inc., and acknowledged tome that he executed the same on behalf
of said corporation.
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):Notary Public for Idaho
Residing at:
My Commission Expires:
STATE OF Idaho
: s9*
County of Ada
0 &',,
n this ff day of 18. before me, the undersigned, a Notary Public in and for said State,
personally appeared �,U- r4—o known or identified to me to be the
V r -ILA tR'vf Gern State Rome Buvers. LLC/A,- and acknowledged to me that he
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)
Notary Public for lj�
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Residing at:
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My Commission Expires -
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Trn))VVTPtT. vilw,,"Wid"6ARTER Smom (H-2018-0048) PAGE 9 OF 10
City Council Meeting Agenda August 21, 2018,- Page 359 of 902
LAND SURVEYS
Fox
LEGAL DESCRIPTION
COMPASS PARCEL
1515 S. SHOSHONE ST.
BOISE, ID 88705
208.342.7957
www.foxiandsurveys.com
A parcel of land within the Southwest Quarter of Section 10, Township 3 North, :Range 1 West, Boise
Meridian, Ada County, Idaho, being a portion of the property grunted under WARRANTY DEED
Instrument No's. 2017-006807,114028934, and 9020532 and more particularly described os follows::
COMMENCING at the Corner of Sections 9, 10, 15 & 16 in the intersection of W. Franklin Road and N.
Black Cat Road monumented by a found aluminum cap as shown on Corner Record Instrument No.
2018-016068, from which the Quarter Corner common to Sections 10 and 15 monumented by a found
aluminum cap as shown on Corner Record Instrument No, 2018-016067 bears South 89015'37°' East,
2640.62 feet; Thence along the line common to said Sections 10 and 15, South 89°15'37" East, 291.09
feet;
Thence North 00°`34'50" East, 46.75 feet to the northerly right-of-way of W. Franklin Read monumented
by a set 5/8" rebar with plastic cap stamped "FLSI PLS 12454", the POINT OF BEGINNING,
Thence North 00°34'50 East, 810,74 feet to a found bent 1/2" rebar, replaced with a 5/8" rebar with
plastic cap stamped "FLSI PLS 12464";
Thence North 89'15`44'" West, 90.18 feet to a set 5/8" rebar with plastic cap stamped "FLSI PLS 12464";
Thence North 00038'26" East, 116.50 feet to a found 1/2" rebar, placed plastic cap stamped "FLSI PLS
12464"
Thence North 8907.5'44" West, 199.87 feet to the line common to Sections 9 and 10, witnessed by a set
5/8" rebar with plastic cap stamped "FLSI PLS 12464' bearing South 89°15'44" last, 25.00 feet;
Thence along said line common to Sections 9 and 10, North 00°38'57" East, 113.86 feet, witnessed by a
found 1/2" rebar, placed plastic cap, bearing South 89°15'44" East, 25.00 feet;
Thence South 89°15'44" East, 495.53 feet to a point from which a found 1/2" rebar, placed plastic cap,
bears North 00'3641" East, 0.57 feet;
Thence parallel with the easterly line of the Southwest quarter of the Southwest Quarter of Section'10,
South 00°36'41" West, 630.88 feet to a set 5/8" rebar with plastic cap stamped "FLSI PLS 12464";
Thence North 89°09'237 West, 102,95 feet to a set 5/8" rebar with plastic cap stamped "FLSI PLS
12.464";
8022 -PARCEL -COMPASS COMBINED.docx
Meridian City Council Meeting Agenda August 21, 2018— Page 360 of 902
Page I of 3
Fox
LAND SURVEYS
1525 & SHOSHONE ST.
BOISE, ID 83705
205.342. %957
www.foxiandsurveys.com
Thence parallel with the easterly line of the Southwest Quarter of the Southwest Quarter of Section 10,
South 00`36`41" West, 411.41 feet to the northerly right-of-way of W. Franklin Road monumented by a
found aluminum, cap;
Thence along said northerly right-of-way, North 82°16'35" West, 8.17 feet to a found 5/8" rebar, placed
plastic cap stamped "Fl -SI PLS 12464"
Thence continuing along said northerly right; -of -way, North 89015'37" West, 94,13 feet the POINT OF
BEGINNING.
TOGETHER WITH:
COMMENCING at the Corner of Sections 9, 10, 15 &;16 in the intersection of W. Franklin Road and N.
Black Cat Road monumented by a found aluminum cap as shown on Corner Record Instrument No.
2018-016068, from which the Quarter Corner to Sections 10 and 15 monumented by a found aluminum
cap; as shown on CornerRecord Instrument No. 2018-016067 bears South 89°1.5'37" East, 2640.62 feet;
Thence along the line common to said Sections 10 and 15, South 89°15'37" East, 496.25 feet;
Thence North 0170.36'41" East, 37.02 feet to the northerly right-of-way of W. Franklin Road monumented
by a set 5/8" rebar with plastic cap stamped "FLSI PLS 12464"
Thence parallel to the easterly Line of the Southwest Quarter of the Southwest Quarter of Section 10,
and along the boundary common to the Parcels described in Warranty Deed Instrument No's. 2017-
006807 and 114028934, North 00'36'41" East, 575.83 feet to a set 5/8" rebar with plastic cap stamped
"FLSI PLS 12464", the POINT OF BEGINNING;
Thence continuing along said parallel Eine and common boundary, North 00°36'41" East, 475.00 feet to
the southerly boundary of the Parcel described in Warranty Deed Instrument No. 9020532, from which a
found 1/2 rebar, placed plastic cap, bears North 00°3641" East, 04.57 feet,
Thence along the boundary common to the Parcels described in Warranty Deed Instrument No's.
114028934 and 9020532, South 89'15'44" East, 205.84 feet to a found 1/2" rebar, placed plastic cap
stamped "FLSI PLS 12464";
Thence parallel to the easterly line of the Southwest Quarter of the Southwest Quarter of Section 10
and along the boundary common to the Parcels described in Warranty Deed Instrument No's.
114028934 and 108011815, South 00°36'41` West, 475.00 feet to a set 5/8" rebar with plastic cap
stamped "FLSI PLS 12464";
Thence North 89°15'44" West, 205.84 feet to the POINT OF BEGINNING:.
Containing, 97,775 square feet. or 2.245 acres, more or less.,
Page 2 of 3
18022 -PARCEL -COMPASS COMIBINED.docx
Meridian City Council Meeting Agenda August 21, 2018— Page 361 of 902
ALSO TOGETHER WITH
1515 S. SHOSHONE ST.
BOISE, ID 83705
208.342.7957
www.foxlandsurveys.com
COMMENCING at the Corner of Sections 9, 10, 15 & 16 in the intersection of W. Franklin Road and N.
Black Cat Road monumented by a found aluminum cap as shown on Corner Record Instrument No.
201.8-016068, from which the Quarter Cerner common to Sections 9 and 10 monumented by a found
brass cap as shown on Corner Record Instrument No. 105185212 bears North 00038'5`7" East, 2653.05
feet;
Thence along the line common to said Sections 9 and 10, North 00038'57" Fast, 1621.78 feet to the
southerly railroad right-of-way;
Thence along said southerly railroad right-of-way, South 88°25'50" East, 495.25 feet to the POINT OF
BEGINNING, witnessed by a set 5/8" rebar with plastic cap stamped "FLSI PLS 12464", bearing South
00°36'4r West, 68.53 feet, and witnessed by a set 5/8" rebar with plastic cap stamped "FLSI PLS
12464", bearing South 8825'50" East,, 80.46 feet
Thence continuing along said southerly railroad right-of-way, South 88°25'50" East, 824.18 feet to the
easterly fine of the West Half of the Southwest Quarter of Section 10 monumented by a set 5/8" rebar
with plastic cap stamped "FLSI PLS 12464";
Thence along the easterly line of the West Half of the Southwest Quarter of Section 10, South 00036`'41"
West, 514.79 feet to a point witnessed by a set 5/8 rebar with plastic cap stamped "FLSI PLS 1.2464
bearing Forth 00036'41" East, 69.53 feet, and witnessed by a set 5/8" rebar with plastic cap stamped
"FLSI PLS 12464" bearing North 89°15'44" West, 78.26 feet;
Thence North 89015'44" West, 824.06 feet to a point witnessed by a found 1/2 rebar, placed plastic
cap, bearing North 00'36'41" East, 0.57 feet;
Thence North 00°36'41" East, 526.76 feet to the POINT OF BEGINNING.
Containing 429,151 square feet or 9.852 acres, more or less;
All together containing 742,097square feet or 17.036 acres, more or less.
Any modification, of this description shall render it void.
This description represents a surveyed boundary of the land described above by
Fox Land Surveys, Inc. A Record of Survey will be recorded with Ada County upon
project completion.
END OF DESCRIPTION
Prepared by:;
Aaron P. Rush, PLS
Senior Project Manager
18022 -PARCEL -COMPASS COMBINED.docx
0L LqIVp
CL 9AAA
Meridian City Council Meeting Agenda August 21, 2018— Page 362 of 902
9
'%<�ON P.
Page 3 of 3
EXHIBIT B
CITY OF MERIDIAN I
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER I DAHO
In the Matter of the Request for Annexation and Zoning of 21.93 Acres of Land with an M -E
Zoning District; and a comprehensive plan map amendment (CPAM) to change the land use
designation on approximately 25.05 acres of land from Medium -High Density Residential and Park
to Mixed Employment., by Bouma, USA.
Case No(s). H-2018-0048
For the City Council Hearing Date of. July 24, 2018 (Findings on August 7, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 24, 2018, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of July 24, 2018, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 24, 2018,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of July 24, 2018, 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
FILE NO(S), H-2018-0048 - I -
Meridian City Council Meeting Agenda August 21?Q088—P@gge436a)b6992
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of April 17, 2018, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application,
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for Annexation & Zoning and Comprehensive Plan Map Amendment is
hereby approved per the conditions of approval in the Staff Report for the hearing date of July
24, 2018, attached as Exhibit A.
D. Notice of Applicable Time Limits
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.
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 § 67-652 1, 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 July 24, 2018
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S), H-2018-0048 -2-
Meridian City Council Meeting Agenda August 21?2088—P@gge43ftb69Q2
By action of the City Council at its regular meeting held on the day of Pyk XO tA!�Dk-
2018. ij
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LUKE CAVENER, VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED Vn—
COUNCIL MEMBER TREG BERNT VOTED t)&4
COUNCIL MEMBER GENESIS MILAM VOTED �4
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
MayorTaVy Weerd
cily of
SEAL
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: N Dated: y 07- 04 19
City Clerk's Office r
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). R-2018-0048
Meridian City Council Meeting Agenda August 21, 2018,— Page 365 of 902
-3-
HEARING DATE:
TO:
SUBJECT:
July 24, 2018
Mayor & City Council
Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
Compass Charter School — CPAM, AZ (H-2018-0048)
L. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Bourna USA, has applied for the following:
1) a comprehensive plan map amendment (CPAM) to change the land use designation on
approximately 25.05 acres of land from Medium -High Density Residential and Park to Mixed
Employment.
2) Annexation (AZ) of 21.93 acres from RUT (Ada County) to the ME (Mixed Employment) zoning
district.
See Section VII, VIII '& IXfor more information.
11. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CPAM and AZ applications with the conditions of
approval in Exhibit B based on the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on June 21, 2018. At the
public hearing, the Commission moved to recommend approval of the subiect CPAM and AZ
requests.
a. Summary of Commission Public Hearing:
L In favor: Paul Berlein and Bill Hadlock (Applicant's Representatives)
fi. In opposition: Jane Byam, Cheryl Storrs, Steve Janoushek
iii. Commenting: Jane Byam, Cheryl Storrs, Steve Janoushek, Kelly Trudeau
iv. Written testimony: None
3L. Staff presenting application: Josh Beach
A. Other staff commenting on application: Bill Parsons
b. Key issue(s) of Public Testimony:
L Concerns about increase traffic congestion
ii. Concerns that the application was improperly noticed
iii Concerns that the irrigation water would continue to be provided to the down -stream
users.
c. Key Issues of Discussion by Commission:
L The Number of parking spaces
fi. The number and location of trash enclosures
d. Commission Changes) to Staff Recommendation:
i. The school shall only be allowed one access to the future collector road.
e. Outstandini! Issue(s) for City Council:
L None
Compass Charter School — CPAM, AZ (H-2018-0048)
Meridian City Council Meeting Agenda August 21 2088—PftgeOffiabbg02
PAGE?
The Meridian City Council heard these items on July 24, 2018. At the Dubuc hearing, the
Commission moved to approve of the subiect CPAM and AZ requests.
a. Summary of Commission Public Hearing:
L In favor: Paul Berlein and Don Hendrickson (Applicant's Representatives)
ii. In opposition: Jane Byam
iii. Commenting: Jane BVam,
iv. Written testimony: None
3L. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
L Concerns about increase traffic congestion
ii. Requesting that cars enter the sire from Franklin and busses from Black Cat
c. Key Issues of Discussion by Council:
L The Number of parking spaces
iL Additional parking requested
d. Council Changes) to Staff Recommendation:
L A reduction to a 5 foot buffer on the west side of the property.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2018-
0048 as presented for the hearing date of July 24, 2018, with the following modifications: (Add any
proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0048,
as presented in the staff report for the hearing date of July 24, 2018, for the following reasons: (You
should state specific reasons for, denial.)
Continuance
I move to continue File Number H-2018-0048 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 subject property is located near the northeast comer of W. Franklin Road and N. Black Cat
Road, in the SW 1/4 of Section 10, Township 3 North, Range I West.
B. Applicant/Representative:
Bouma, USA
445 Pettis, Suite 201
Ada, Michigan 49301
Compass Charter School — CPAM, AZ (H-2018-0048)
Meridian City Council Meeting Agenda August 21?Q088—P@gge436-bb69G2
PAGE 2
C. Owners:
Sunshine Landscape Inc.
PO Box 724
Meridian, ID 83680
Rene A and Cheryl Shoop
3822 W. Lake Hazel Road
Meridian, ID 83642
Gem State Home Buyers, LLC/A Star properties LLC
PO Box 140191
Boise, ID 83714
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject applications are for a comprehensive plan map amendment and annexation. A public
hearing is required before the Planning and Zoning Commission and City Council on this matter,
consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: June 1, 2018 (Commission); July 6, 2018 (Council)
C. Radius notices mailed to properties within 300 feet on: May 25, 2018 (Commission); June 29,
2018 (Council)
D. Applicant posted notice on site by: June 8, 2018 (Commission); July 12, 2018 (Council)
V1. LAND USE
A. Existing Land Use(s): The property is currently undeveloped, zoned RUT with a portion of the
property developed with a landscape business.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Single family residence, zoned RUT (Ada County)
2. East. Commercial business, zoned RUT (Ada County)
3. South: Vacant property zoned RUT (Ada County); Single-family residential, zoned RUT
(Ada County); W. Franklin Road
4. West: Single family residential properties, zoned RUT and C2 (Both in Ada County); and S.
Black Cat Road
C. History of Previous Actions: None
D. Utilities:
1. Location of sewer: The subject site is currently serviceable via mainline extensions from the
existing mains in W. Franklin and N. Black Cat Roads.
2. Location of water: The subject site is currently serviceable via mainline extensions from the
existing mains in W. Franklin and N. Black Cat Roads.
3. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: There are no major waterways that cross this site.
2. Hazards: The Williams pipeline bisect the property near the southern end of the subject
property.
3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District.
Compass Charter School — CPAM, AZ (H-2018-0048) PAGE 3
Meridian City Council Meeting Agenda August 21 ?2G8&—P9gg(436&)b6922
k, VAI K4 [0 M t] a ra t a L, KI A, VA A 2 W-1 11 Z V-1 C, E. I WVull
CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS:
Existing:
This property is designated Medium -High Residential on the Comprehensive Plan Future Land Use
Map (FLUM). Medium High Density Residential areas typically are relatively compact areas within a
larger neighborhood and generally should be located around and near more intensively developed
areas, such as Mixed Use Commercial or Employment areas, in order to provide convenient access to
these commercial activity and employment centers for the greatest number of residents. Within
relatively large Medium High Density areas, larger -scale, higher -density housing should be located
closest to higher intensity uses, or commercial or activity center, with a transition to smaller -scale and
lower density buildings as the distance from the higher intensity use or center increases.
Proposed:
The applicant proposes to change the FLUM designation from Medium -High Density to Mixed
Employment. The purpose of the Mixed Employment areas is to encourage a diversity of compatible
land uses that may include a mixture of office, research and specialized employment areas, light
industrial including manufacturing and assembly, and other miscellaneous uses. These areas generally
do not include retail and consumer service uses serving the wider community. However, a small
amount of retail and service establishments, primarily serving employees and users of the Mixed
Employment areas or nearby industrial areas, are allowed. Such retail would be the exception and not
the rule. Mixed Employment areas should provide a variety of flexible sites for small, local or start-up
businesses, as well as sites for large national or regional enterprises. Mixed Employment areas should
be designed to encourage multimodal travel and convenient circulation to supporting uses located
within the area. This would include multiple access points to help disperse traffic, and a complete
system of streets, sidewalks and pedestrian and bicycle paths to provide circulation within the area
and connections to the surrounding roadway, pedestrian and trail systems. Mixed Employment areas
should be designed as lower density suburban -style developments. Design and development standards
are recommended that would help to make developments more attractive, engaging and accessible
places. While there are no fixed limits on size of establishment or development intensity in Mixed
Employment areas, it is anticipated that buildings will range in height from 1-4 stories, have total
floor areas of 10,000- 1,000,000 square feet, and that FAR will exceed .75.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
1. 3.01.0113, "Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic
impacts, school enrollment, parks, etc.)."
ACHD has been notified and involved with the application. There are no impacts to school or
parks as the entire project area is non-residential. The application was forwarded on to partner
agencies for comment.
2. 3.01.01F, "Permit new development only where urban services can be reasonably provided at the
time of final approval and development is contiguous to the City."
The proposed project is located in an area where development has and is already occurring, and
City services are readily available,
3, 3.01.01J, "Work with transportation agencies and private property owners to preserve
transportation corridors, future transit routes and infrastructure, road and highway extensions, and
to facilitate access management planning."
The proposed site plan shows direct access to Franklin, and Black Cat Roads. An east -west
Compass Charter School — CPAM, AZ (H-2018-0048) PAGE 4
Meridian City Council Meeting Agenda August 21 2088—Pftge0ftbbg@2
collector road is proposed on the north side of the project. This will help to facilitate growth
further to the east of this project.
There is an existing landscape business east of this project site that will he annexed into the City
as part of the project. The business will be allowed to keep their direct access to Franklin Road
until such time as that property is further developeJ
5. 3.02.01B, "Support the location of school sites within every square mile."
Though not a public school, the addition o a school in the square mile will help the West Ada
)f
School district to alleviate current concerns with overcrowded schools.
6. 3.02.017, Ensure compatibility of schools with neighborhoods and adjacent land uses."
The design of the site including landscape buffers will help to ensure that the school is
compatible to the existing residential and commercial uses adjacent to the school.
7. 3.03.02N, "Reduce the number of existing access points onto arterial streets by using methods
such as cross access agreements, access management, and frontage / backage roads."
The site maintains existing curb cuts onto two arterial roadways. There are a number of smaller
parcels that currently have direct access to Black Cat Road. The applicant has proposed three
cross access points to the parcels along Black Cat Road so that in the future the direct access to
Black Cat can be eliminated for those parcels. The applicant is also proposing a cross access to
the west as well as stubbing a collector to the east property line.
8. 3.03.04K, "Consider ACHD's MSM (Master Street Map) in all land use decisions."
The MSM shows an eastlwest collector roadway to be constructed on the north boundary of the
proposed school property. The applicant is proposing to construct their portion of the collector
roadway which will equate to % of the collector plus 12 feet of additional asphalt to
accommodate, the other lane of traffic. The property owner to the north of the school will
construct their portion of the collector upon development of their parcel.
9. 3.06.01F, "Protect existing residential properties from incompatible land use development on
adjacent parcels."
Adjacent residential properties to the west will be separated by a 25 foot landscape buffer as
required by UDC 11-2B-3, or shall apply for alternative compliance. A reduced buffer between
non-residential and residential uses can be reduced by City Council during the public hearing
process. The applicant is requesting to install a 6foot tall buffer along this boundary and has
received support from the adjacent neighbors.
The applicant is requesting a comprehensive plan map amendment for these properties and It is
anticipated that these properties once annexed will also be zonedM-E and will be nonresidential
in, nature, thus not requiring a landscape buffer.
10. 3.06.01H, "Support land uses that do not harin natural systems and resources."
There are no known natural resources in the project area that should be protected.
11. 3.06.02D, "Restrict private curb cuts and access points on collectors and arterial streets."
The proposed site plan maintains the same number of existing curb cuts as exist, while, creating
an opportunity for a reduction from other parcels in the future::
12. 3.07.02N, "Ensure development provides safe routes and access to schools, parks and other
community gathering places"
There is a newly constructed sidewalk along W Franklin road that will facilitate Pedestrian
travel both to the east and to the west. There is not currently a sidewalk place 'along Black Cat
Compass Charter School — CPAM, AZ (H-2018-0048)
Meridian City Council Meeting Agenda August 2122088—PftgeW(bb69132
PAGE 5
that would facilitate pedestrian travel to the north or to the south from the proposed collector
roadway.
Based on the above analysis, staff is supportive of the proposed development as it is generally
consistent with the comprehensive plan.
STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS
Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review,
and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements
which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell
out how these policies are to be achieved.
The order in which the following policies are presented implies no order or priority.
a. Community Design
The purpose of this element is to ensure a pattern of planned growth resulting in orderly and
attractive developments, within the City of Meridian. The proposed CP" and AZ will change the
residential nature of the property to more of a commercial use. That being said, a school is a use
that can in most cases be very compatible with a residential neighborhood. In this case, there are
some existing residential properties that surround the property. To ensure that both proposed and
future commercial developments are compatible with the adjacent properties, these development
will be subject to the City's design review standards in the UDC and the Architectural Design
Manual.
b. Population
The City of Meridian must ensure that population growth is accommodated in an orderly pattern.
Residential and commercial developments must be easily served by City infrastructure and public
services. The proposal is to annex this property into the City and to connect to City services.
c. Housing
The City of Meridian is charged with ensuring an adequate and attractive living environment
which meets the needs of City residents of different ages, family sizes, lifestyles, and income
levels. To accomplish this, the plan identifies areas appropriate for residential development and
areas not appropriate. The proposed CTAM removes a portion of Medium High Density
designated property from the comprehensive plan. The development proposal does not
incorporate a housing element.
d. Economic Development
Meridian's economic base has been gradually shifting over the last 20 years from a farming -based
economy to a retail, service, and manufacturing -based economy. During this time, local policy
with regard to the types of lands needed to support the economic and employment needs of the
community has also changed. The Comprehensive Plan forecasts the need to continually adjust
the provision of commercial lands in order to gradually broaden economic opportunity throughout
the City.
The subject properties are located adjacent to a large undeveloped area within the City's Low
Density Employment Comprehensive Plan designation as well as two major mobility corridors.
The amount of visibility and the level of public investment in infrastructure and services like
roads make it a prime candidate for redevelopment. Specifically the established transportation
networks in the area and the visibility that this parcel will have make this parcel a good option
fora school site.
e. Public Services, Facilities, and Utilities
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Meridian City Council Meeting Agenda August 2122088—P@gge0gbb69132
The proposal is to annex this property into the City. Once annexed, the property, will be required
to connect to City services.
f, School Facilities and Student Transportation
The purpose of this element is to direct new residential development to areas with adequate
school facilities and student transportation. The subject application does not include a housing
element and rather than impacting the school system in terms of additional schools needed, this
development should help to increase capacity to the public school system.
Transportation
The purpose of this element is to promote an efficient and safe transportation system within the
City. The property is located in an area that has an established roadway network to adequately
serve the proposed development. The Ten Mile Interchange Specific Area Plan has specific
requirements for a collector road for this property and to comply with that requirement, the
applicant will be constructing a portion of a collector roadway as well as several cross access
easements in order to provide future transportation connectivity in the area.
g. Natural Resources
The purpose of this element is to promote conservation of areas of natural significance, where
appropriate. Staff is not aware of any natural resources that exist on this site that would be
impacted by the proposed development.
h. Special Areas
The subject amendment does not directly impact any lands designated for open space, natural
resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural
resources.
i, Hazardous Areas
The purpose of this element is to ensure regulation of development in hazardous areas, such as
floodplains, unstable slopes, etc. The Williams Pipeline bisects the property and the applicant is
required to comply with their development handbook.
j. Recreation
Recreation resources within Meridian include 18 developed City parks totaling approximately
240 acres. The City is in the process of developing new park facilities, The City also maintains
several pathways. A portion of the site is designated as "Park, " however the Parks Department
doesn't have any plans or interest in developing a park on the property. Aside from any
recreation areas proposed specifically for student use, this site is not formally designated for
recreational purposes,
k. Land Use
The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies
and goals of Meridian's Comprehensive Plan. The Map has been prepared to identify suitable
areas for future residential, commercial, and industrial development. The Map is designed to be a
projection of growth patterns for the City. Therefore, the Map is to be used as a guide for
decisions regarding request for land use changes.
The area west of the Black Cat will be designated as Low Density Employment and with this
application and the proposal to amend the Comprehensive Plan to Mixed Employment; this area
specifically located adjacent to N. Black Cat will be designated as Mixed Employment, which is a
commercial designation that will allow for a mixture of commercial and industrial zoning
designations.
Compass Charter School — CPAM, AZ (H-2018-0048) PAGE 7
Meridian City Council Meeting Agenda August 21?2088—P@gge43@2)b69Q2
m. Implementation
The City provides the necessary staff andfacilities to administer and enforce the policies and
goals of the Comprehensive Plan. The City of Meridian Planning Division will administer the
Comprehensive Plan and its policies through the Unified Development Code. The Planning and
Zoning Commission is also authorized by the Council to review, approve and make
recommendations on proposals affecting the public's interest in land use. The City, Council is the
ultimate decision making authority on most land use applications.
n. Property Rights
The purpose of this element is to ensure that the land use policies, restrictions, conditions, and
fees do not unconstitutionally violate private property rights, and establish a consistent review
process that enable the City to ensure that any proposed actions will not result in an
unconstitutional taking of private property without due process of law. Staff believes that the
requested Comprehensive Plan Land Use Map change would not unconstitutionally violate
private property rights. The current property owner has consented to the application, submittal,
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone(s):
Mixed Employment District (M -E) - The purpose of the M -E district is to provide for the office,
medical center, research and development and light industrial needs of the community in
accordance with the Meridian Comprehensive Plan,
B. Schedule of Use: Table 11-213-2 lists the principal permitted (P), accessory (A), conditional (C),
and prohibited (-) uses in the M -E zoning district. Any use not explicitly listed, or listed as a
prohibited use is prohibited.
C. Dimensional Standards: Development of the site shall comply with the dimensional standards
listed in UDC 11-213-3 for the M -E zoning district.
D. Landscaping:
Street buffer landscaping shall be installed in accordance with the standards listed in UDC
Table 11-213-3 for the M -E zoning district.
Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in
UDC 11-313-8C,
E. Off -Street Parking: Off-street parking is required in accord with UDC Table UDC 11 -3C -6B for
the proposed industrial lots.
F. Structure and Site Design Standards: Development, of this site must comply with the, design
standards listed in UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual
(ASM).
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
COMPREHENSIVE PLAN MAP AMENDMENT (CPAM) AND ANNEXATION (AZ).- The applicant
proposes to amend the future land use map (FLUM) contained in the Comprehensive Plan to change
the land use designation on approximately 25.05 acres of land from Medium -High Density
Residential and Park to Mixed Employment and to annex 21.93 acres of land into the City from RUT
to the M -E (Mixed Employment) zoning designation.
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Meridian City Council Meeting Agenda August 21?2088—P@gge420a)b69Q2
PAGE 8
The Comprehensive Plan Map Amendment is desired so the applicant can develop the parcel with a
private school and annex in property that is operating with a landscape business approved through the
County. To ensure the site develops in conjunction with the submitted concept plan and elevations
,and the existing landscape business meets the standards of the City, staff recommends the applicant
enter into two separate development agreements; one for the Compass Charter School property and
one for the landscape business. The recommended DA provisions are located in Exhibit B of the staff
report.
Concept Plan: With this application, the applicant has submitted a concept plan for the Compass
charter school including parking, cross access to adjacent properties, bus access and included a
concept plan for Sunshine Landscape Inc. that includes a secured storage yard and the associated
parking area.
The City has received several concept plans for the property. Staff feels that it is important to discuss
the differences between the two and to describe which elements of each need to be included in the
overall design of the site.
Concept Plan #1: This site plan shows the entire area to be included in the comprehensive plan
map amendment, so it is impossible to include this site plan in the development agreement.
This site plan shows how the whole area could develop in the future as well as indicates how the
school plans to expand in the future.
Concept Plan #2: This site plan provides the first phase of development for the school as well as
shows the landscape business site. The landscape business is showing several improvements to
their site including paving the parldng area and fully screening the outdoor storage to the north
of their building.
The future use of the site must comply with the specific use standards for the specific use. The school
and the landscape business each have separate standards that shall be met. They are as follows:
School: UDC 11-4-3-14, UDC 11-3A-14 and UDC 11-4-3-33 for Outdoor Storage Facilities.
Landscape Business: 11-4-3-45 for Dispatch Center for Mobile Services
The Commission should be aware that a school is a principally permitted use within the M -E zoning
district, so any expansion of the school will only require a Certificate of Zoning Compliance and
Design Review application to move forward. On the other hand, a dispatch center for mobile services
use is considered a condition use within the M -E zoning district, so any expansion of this use will
require a Conditional Use Permit,
Property Boundary Adjustment: The landscape business located on parcels 51210336321 and
51210336377 is selling the north portion of their property to Compass Charter School and will
be required to apply for a property boundary adjustment prior to submitting a certificate of
zoning compliance application for the school.
Separately, because the landscape business will be located on a separate property from the
school once the property boundary adjustment is finalized; staff is recommending that the
school and landscape business be placed into separate development agreements. The applicant
shall provide staff with separate legal descriptions for the school and landscape business in
order to facilitate the two separate development agreements.
Building Elevations: Conceptual building elevations were submitted for the proposed building as
shown in Exhibit A.5. Design features include a large amount of glass, what appear to be EIFS
panels, metal and Hardiboard. Staff does not have concerns with using these specific materials but
wants to express that the applicant needs to meet the standards set forth in the City's Architectural
Compass Charter School — CPAM, AZ (H-2018-0048)
Meridian City Council Meeting Agenda August 21 2Q08&—P@@ge42Ibb69Q2
PAGE 9
Standards Manual. The extensive use of metal on several of the elevations may not meet the standards
as previously mentioned.
Access: The UDC (11-3A-3) restricts access to arterial streets when access is available from a local
street. This property has frontage on Franklin Road and Black Cat Road. There is one existing access
point to the site from both E. Franklin Road and N. Black Cat Road, both classified =arterial roadways.
Since the only access to this property is from these two roads and the applicant is requesting to
construct a portion of a collector roadway as part of their development that will eliminate direct
access to their parcel from Black Cat Road. Per ACHD, the applicant will only be allowed to have a
right-in/right-out access to Franklin Road.
Additionally, staff has concern about the buses only being able to access Franklin Road with a right-
in/right-out access. The applicant shall reconfigure
The applicant is also proposing several cross -access easements as part of the project. The cross
accesses as proposed appear to meet the requirements of the UDC to facilitate internal circulation in
the future. The locationas of the cross access easements generally located where The number and
location of the cross access easements will be further defined with the certificate of zoning
compliance application.
Landscaping: A 25 -foot wide street buffer is required to be provided along the residential properties
west of the school as set forth in UDC Table 11-2B-3. A 25 -foot landscape buffer is required along
W. Franklin Road and N. Black Cat Road, both arterial roadways, as set forth in UDC 11-2B-3;.
Landscaping within the street buffer should be provided in accord with the standards listed in UDC
11 -3B -7C. A 20 foot landscape buffer is also required along the proposed collector roadway per the
previously named standards.
Any interior parking lot landscaping will be required with development of the property.
Fencing: No fencing is depicted on the landscape plan for this site. Any new fencing should comply
with the standards listed in UDC 11-3A-7.
Sidewalks: Sidewalks are required to be provided with development in accord with the standards
listed in UDC 11-3A=17. A 7 -foot wide attached sidewalk exists along W. Franklin Road. The
applicant will be required to install detached sidewalk along N. Black Cat Road as well as along the
future collector roadway.
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
Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for
the development in accord with UDC 11-3A-15 as proposed.
Storm Drainage: An adequate storm drainage system is required in all developments in accord with
the City's adopted standards, specifications, and ordinances, per UDC 11-3A-18.
Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of
Zoning Compliance application prior to construction to ensure all construction and site improvements
comply with the conditions in this report and the provisions of the UDC, per UDC '11-5B-1.
Design Review: The applicant is required to submit an application for Design Review concurrent
with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site layout
and design of all structures on the site is required to be consistent with the design standards listed in
UDC 11-3A-19 and in the Architectural Standards Manual.
Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the
Findings in Exhibit D.
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Meridian City Council Meeting Agenda August 21 2088—POgge422,%b6992
A. Drawings/Other
1. Vicinity Map
2. Existing & Proposed Future Land Use Map
3. Legal Description & Exhibit Map of Annexation Area
4. Proposed Concept Plans;
5. Proposed Building Elevations
B. Agency Comments
C. Required Findings from Unified Development Code
Compass Charter School – CPAM, AZ(H-2018-0048),
Meridian City Council Meeting, Agenda August 21 20®8&-PNgQel23(b55g02'
PAGE 11
Exhibit A.I: Vicinity Map
Vicinity Map
Legend
= Parcels - Meridian
PkirJ D.I.611412015
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Compass Charter School — CPAM, AZ (H-2018-0048)
utiles
Meridian City Council Meeting Agenda August 2120088—PlRgge424bb5902
PAGE 12
Exhibit A.2: Existing & Proposed Future Land Use Map
Date: 8I2 01 8
Existing Land Uses
Compass Charter School — CPAM, AZ (H-2018-0048)
Meridian City Council Meeting Agenda August 2120088—P@gge4258)b5902
PAGE 13
Exhibit A.3: Legal Description & Exhibit Map of Annexation Area
EXHIBIT "'A"
LEGAL DESCRIPTION
ANNEXATION PARCEL
A parcel of land within the Southwest Quarter of the Southwest Quarter of Section 10, Township 3 North,
Range I West, Boise Meridian, Ado County, Idaho, being all thatproperty granted under WARRANTY
DEED Instrument No's. 2017-006807,114028934, and 9020532 and more particularly described as
follows.
COMMENCING at the Corner of Sections 9,1(0,15 & 15 the intersection of W. Franklin Road and N. Black
Cat Road, from which the Quarter Corner to Sections 9 and 10 in the intersection of W. Pine Ave, and N,
Black Cat Road bears North 00'3857" East, 2653.05 feet;
Thence along said line common to Sections 9 and 10 and, North 00'38'57" East, 973.97 feet to the most
westerly southwest corner of the parcel described in Warranty Deed Instrument No. 2017-006807, and
the POINT OF BEGINNING;
Thence continuing along line common to Sections 9 and 10, North 00'38'57" East, 113.86 feet to the
northwesterly corner of the parcel described in Warranty Deed Instrument No. 2017-006807;
Thence along northerly line of said parcel, South 89'15'44" East, 495.53 feet to the corner common to
the parcels described in Warranty Deed Instrument No's. 2417-[046847,114028934, and 9020532,
Thence along the westerly line of the parcel described in Warranty Deed Instrument No. 9020532 and
its! northerly extension, North 00'36'41" East, 626.77 feet to the centerline of the U.P.R.R, railroad right-
of-way;
Thence along said railroad right-of-way, South 88*25'5,0" East, 824.18 feet to the easterly line of the
Southwest 1/4 of the Southwest 1/4 of Section 10;
Thence along the easterly line of the Southwest 1/4 of the Southwest 1/4 of Section 10 and the easterly
line of the parcel described in Warranty Deed Instrument No, 9020532 and its northerly extension,
South 00'36'41" West, 614.81 feet to the southeasterly cornier of sold parcel;
Thence along the southerly line of said parcel, North 89*15'44" West, 618.22 feet to the northeasterly
corner of the parcel described in Warranty Deed Instrument No 114028934-,
Thence along the westerly line of the parcel described in Warranty Deed Instrument No. 114028934 and
its' southerly extension, South OG036'41" West, 1,087.86 feet to the line common to Sections 10 and 15;
Thence along the line common to Sections 10 and 15, North 89'15'37" West, 205,84 feet;
Compass Charter School — CPAM, AZ (H-2618'-0 0481
Meridian City Council Meeting Agenda August 21 ?2G8&—P9gg(4215,%bfi922
PAGE 14
Thence along the westerly line of the parcel described in Warranty Deed Instrument No. 114028934 and
its' southerly extension, North 00036'41" East, 456,98 feet to the easterly -most southeast corner of the
parcel destribed in Warranty Deed Instrument No. 2017-006807;
Thence along the southerly line of said parcel, North 8,9'09'23" West, 102.95 feet,
Thence along the easterly line of said parcel and Its'southerly extension South 00*36'41" West, 457.16
feet to the line common to Sections 10 and 15;
'Thence along said common sectional line, North 89015'37" West, 102,21 feet;
Thence along the westerly line of the parcel described in Warranty Deed Instrument No. 2017-006807
and its' southerly extension, North 00034'50" East, 857.49 feet;
Thence along the southerly line of said parcel, North 99'15'44" West, 90.18 feet;
Thence along the westerly line of said parcel, North 00'38'26" East, 116,50 feet;
Thence along the southerly line of said parcel, North 89015'44" West, 199,87 feet to the POINT OF
BEGINNIING.
Containing 955,442 square feet or 21.93 acres, more or less.
Refer to the accompanying sketch.
Any modification of this description shall render it void.
This description represents a surveyed boundary of the land described above by Fox Land Surveys, Inc. A
Record of Survey will be recorded with Ada County upon completion.
END OF DESCRIPTION
Prepared by:
Aaron P. Rush, PLS
Senior Project Manager
Compass Charter School — CPAM, AZ (H-2018-0048)
Meridian City Council Meeting Agenda August 2122088-139gg(429U6922
PAGE 15
ANNEXATION EXHIBITMAP
SIU 114 GE "H5U+ 1/4 SECTION 10, T N, RIW, BM
Compass Charter School — CPAM, AZ' (H-2018-0048) PAGE; 16
Meridian City Council Meeting Agenda August 21?0®88—PRgg(428bb5992
Exhibit A.4: Proposed Concept Plan
Concept Plan #1
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Compass Charter School — CPAM, AZ (H-2018-0048)
Meridian City Council Meeting Agenda August 21?Q088—P@gge4282)b69G2
PAGE 17
Concept Plan #2
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Meridian City Council Meeting Agenda August 212Q038—PRgget383)b6'092'
PAGE, 18
Exhibit A.5: Proposed Building Elevations
Compass Charter School — CPAM, AZ (H-2018-0048)
Meridian City Council Meeting Agenda August 2,1 �g088—PftgeOftb69132
PAGE 19
B. Agency Comments
1. PLANNING DIVISION
1.1.1 DA FOR THE COMPASS CHARTER SCHOOL: A Development Agreement (DA) is required as a
provision of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be
entered into between the City of Meridian, the property owner(s) and the developer at the time of
rezone ordinance adoption. A certificate of zoning compliance application will not be
accepted until the DA is recorded. The applicant shall contact the City Attorney's Office to
initiate this process. The DA shall be signed by the property owner and returned to the City
within six (6) months of the City Council granting the rezone. Currently, a fee of $303.00 shall be
paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall,
at minimum, incorporate the following provisions:
a. Development of this site shall substantially comply with the design standards listed in UDC
11-3A-19; the guidelines contained in the Architectural Standards Manual, the site plan and
building elevations in Exhibit A.
b. All future development of the subject property shall comply with City of Meridian ordinances
in effect at the time of development.
c. Certificate of Zoning Compliance and Administrative Design Review applications are required
to be submitted to the Planning Division for approval of all future buildings/uses on the site,
prior to applying for a building pern-fit.
d. The applicant shall comply with the Education Institution standards set forth in UDC 11-3A-
14.
e. Prior to submitting an application for a Certificate of Zoning Compliance, the applicant shall
finalize a property boundary adjustment in order to consolidate the parcels into one parcel.
f. All development within the 75 -foot wide Williams pipeline easement shall adhere to the most
current standards contained in the Williams Gas Pipeline Developers' Handbook.
g. Access to the future collector roadway shall be aj3proved as shown on the concept plan
in Exhibit A.4. All future access point to the collector roadway shall be governed b
UDC 11-3A-3.
1.1.2 DA for the Landscape business located on parcels 51210336321 and 51210336377: A
Development Agreement (DA) is required as a provision of the 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) and the developer at the time of rezone ordinance adoption.
A certificate of zoning compliance application will not be accepted until the DA is
recorded. The applicant shall contact the City Attorney's Office to initiate this process. The
DA shall be signed by the property owner and returned to the City within six (6) months of
the City Council granting the rezone. Currently, a fee of $303.00 shall be paid by the
applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at
minimum, incorporate the following provisions:
a. Development of this site shall substantially comply with the design standards listed in UDC
11-3A-19; the guidelines contained in the Architectural Standards Manual, the site plan and
building elevations in Exhibit A.
b. All future development of the subject property shall comply with City of Meridian ordinances
in effect at the time of development.
c. Certificate of Zoning Compliance and Administrative Design Review applications are required
Compass Charter School — CPAM, AZ (H-2018-0048) PAGE 20
Meridian City Council Meeting Agenda August 21 2088—Pftge0ftbbg@2
to be submitted to the Planning Division for approval of all future buildings/uses on the site,
prior to applying for a building permit.
d. The applicant shall comply with the accessory outdoor storage standards set forth in UDC 11 -
3A-14.
e. The current parcel is granted the single access point to W. Franklin Road and the
parcel will lose direct access to W. Franklin upon further development of the parcel or
when cross access to the parcel is provided from an adiacent parcel, whichever occurs
first.
f. The applicant shall comply with the Dispatch for Mobile Services standards set forth in UDC
11-4-3-45.
g. The applicant shall provide a separate legal description for the landscape business in order to
facilitate a separate development agreement.
h. Once annexed and prior to applying for a certificate of zoning compliance for the school; the
applicant shall apply for a property boundary adjustment to incorporate the north portion of
parcel 51210336321 into the school property.
i. The landscape business located on parcels S1210336321 and 51210336377 shall provide a
cross -access both to the east and to the west in order to provide access to surrounding
properties once they redevelop.
1.1.3 The school shall provide a 5 foot landscape buffer along its west ptoperty boundary in stead
of the otherwise required 25 foot buffer.
1.1.4 The applicant shall provide all of the cross -access agreements as shown on the concept plan
as shown in exhibit A.4.
1.1.5 The landscape business located on parcels S1210336017 and 51210336351 is required to
bring their parcel into the standards of the UDC. The applicant shall provide the following
items on their site:
a. Any storage areas shall meet the requirements of UDC 11-4-3-33.
b. The storage area shall be comprised of asphalt, crushed asphalt or gravel. Dirt is not an
approved material for storage areas.
c. The storage area shall be completely screened from view and the fence/wall used to
screen the area shall meet the requirements of UDC 3A-7.
d. The landscape buffer along W. Franklin shall meet the requirements of UDC 11-313-7
and 11-213-3.
e. The site shall provide a cross access to both the east and to the west.
f. The cross access to the east shall align with the cross access from the Compass Charter
School property.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 There currently exists an Agreement for Extension of Domestic Water and Sewer Service Outside
of Meridian City Limits', that affects a portion of the subject site, recorded in Ada County Records
as Instrument #114045763.
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Meridian City Council Meeting Agenda August 21?Q088—P@gge438Ebb69G2
PAGE 21
2.1.2 Coordinate with the Meridian Public Works Department and Fire Department to ensure hydrants
provide adequate flow for building. As proposed, there appears to be at least 1500 gpm at 20 psi
residual pressure.
2.1.3 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.meridianciiy.org/public works. aspx?id=272
2.2 General Conditions of Approval
2.2.1 The applicant shall provide easement(s) for any public water/sewer mains outside of public right
of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a
single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document.
2.2.2 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.3 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.4 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.5 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.
2.2.6 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.
2.2.7 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards for any new public sewer and/or water infrastructure.
These record drawings must be received and approved prior to the issuance of a certification of
occupancy for any structures within the project.
2.2.8 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 public sewer, water and reuse infrastructure
for duration of two years. This surety will be verified by aline item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
3. FIRE DEPARTMENT
3.1 The Fire Department has no comment on this application.
4. POLICE DEPARTMENT
4.1 The Police Department has no comment on this application.
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Meridian City Council Meeting Agenda August 21 2088—Pftge0g-bbbg02
PAGE 22
5. REPUBLIC SERVICES
5.1 No comments were received from Republic Services on this application.
6. PARKS DEPARTMENT
6.1 The Park's Department has no comment on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 SITE SPECIFIC CONDITION OF APPROVAL
7.1.1 The Compass Charter School shall be responsible for all costs associated with the design,
hardware, and construction of any pedestrian facilities needed to accommodate future pedestrian
needs of the school. This includes flashing beacons, crosswalk striping and signage, and HAWK
signals or RRFBs.
7.1.2 Replace any broken or deteriorated curb, gutter, or sidewalk on Franklin Road abutting the site.
7.1.3 Dedicate right-of-way to total 48 -feet from the center line of Black Cat Road abutting the site, as
proposed.
7.1.4 Construct a 5 -foot wide detached concrete sidewalk on Black Cat Road located a minimum of 41 -
feet from the centerline of Black Cat Road abutting the site.
7.1.5 Widen the pavement on Black Cat Road to a minimum width of 17 -feet from centerline plus a 3 -
foot wide gravel shoulder adjacent to the entire site.
7.1.6 Construct the new east/west collector onto Black Cat Road located at the site's north property
line, as proposed.
7.1.7 Construct the 3 lane section of the collector as 1/2 of a 46 -foot collector street section with 23 -feet
of pavement, plus 12 additional feet of pavement (to total 35 -feet of pavement) with vertical curb,
gutter, and a 7 -foot wide attached concrete sidewalk on the south side of the roadway, with a 3 -
foot wide gravel shoulder and borrow ditch sized to accommodate the roadway storm runoff shall
be constructed on the north side of the roadway. The right-of-way should extend from the 2 -feet
behind the back of the sidewalk and encompass the borrow ditch.
7.1.8 As the collector roadway continues east and transitions to a 2 lane roadway, construct it as 1/2of a
36 -foot wide collector roadway with 18 -feet of pavement, plus 12 additional feet of pavement (to
total 30 -feet of pavement) with vertical curb, gutter, and a 7 -foot wide attached concrete sidewalk
on the south side of the roadway, with a 3 -foot wide gravel shoulder and; borrow ditch sized to
accommodate the roadway storm runoff shall be constructed on the north side of the roadway.
The right-of-way should extend from the 2 -feet behind the back of the sidewalk to encompass the
borrow ditch.
7.1.9 Construct the collector roadway as a complete 36 -foot street section with vertical curb, and gutter
on both sides of the roadway, with a 7 -foot wide attached sidewalk on the south side of the road
where the applicant controls both sides of the roadway.
7.1.10 Construct 1 stub street to the east, the new east/west collectorl, I00 -feet north of Franklin Road.
Extend the right-of-way for the stub street to the east property line. Install a sign at the terminus
of the stub street stating that, "THIS IS A DESIGNATED COLLECTOR ROADWAY. THIS
STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE."
7.1.11 Construct an offset temporary turnaround at the terminus of the stub street, as proposed. The
temporary turnaround shall be paved and constructed to meet the same dimensional requirements
of a standard cul-de-sac.
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7.1.12 Grant a temporary turnaround easement to the District for those portions of the temporary cul-de-
sac which extend beyond the dedicated street right-of-way. In the instance where a temporary
easement extends onto a buildable lot, the entire lot shall be encumbered by the easement and
identified as a non -buildable lot until the street is extended.
7.1.13 Close the existing driveway onto Franklin Road with vertical curb, gutter, and sidewalk to match
the improvements on either side.
7.1.14 Construct one right-inhight-out only driveway onto Franklin Road located approximately 480
feet east of Black Cat, as proposed. Construct the driveway as a curb return driveway with a 30
foot radii and to a maximum width of 36 -feet.
7.1.15 Extend the existing median on Franklin Road 75 -feet east beyond the driveway to restrict the
driveway to right-in/right-out only. Install a RIGHT OUT ONLY sign on site at the driveway exit
onto Franklin Road.
7.1.16 Construct four driveways onto the east/west collector roadway, located as proposed:
• Driveway I located 185 -feet east of Black Cat Road.
• Driveway 2 located 265 -feet east of Black Cat Road. Sign this driveway as "ENTER ONLY".
• Driveway 3 located 370 -feet east of Black Cat Road. Sign this driveway as "EXIT ONLY".
- Driveway 4 located 650 -feet cast of Black Cat Road.
7.1.17 All 4 of the driveways should be constructed as curb return type driveways and to a maximum
width of 36 -feet.
7.1.18 Other than access specifically approved with this application, direct lot access to Franklin Road
and Black Cat Road is prohibited.
7.1.19 Payment, of impact fees is due prior to issuance of a building permit.
7.1.20 Comply with all Standard Conditions of Approval.
7.2 STANDARD CONDITIONS OF APPRovAL
7.2.1 1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including
all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-
way (including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 A lice -use agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
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Meridian City Council Meeting Agenda August 21?2088—P@gge4369.)b69Q2
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7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approvedi in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
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PAGE; 25`
C. Required Findings from Unified Development Code
1. COMPREHENSIVE PLAN AMENDMENT 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 amendment to the
Comprehensive Plan, the Council shall make the following findings:
a. The proposed amendment is consistent with the other elements of the Comprehensive
Plan.
Council finds that the proposed changes to the Future Land Use Map are consistent with
elements of the Comprehensive Plan as detailed in Section V11 above.
b. The, proposed amendment provides an improved guide to future growth and
development of the city.
Council finds that the proposal to modify the Future Land Use Map to allow for the school
use -uses on this site will be compatible with existing and future residential, commercial and
industrial uses.
c. The proposed amendment is internally consistent with the Goals, Objectives and
Policies of the Comprehensive Plan.
Council finds that the proposed amendment is internally consistent with the Goals,
Objectives, and Policies of the Comprehensive Plan (see Section V11 for detailed analysis).
d. The proposed amendment is consistent with the Unified Development Code.
Council finds that the proposed amendment is consistent with the Unified Development
Code.
e. The amendment will be compatible with existing and planned surrounding land uses.
Council finds the proposed amendment will be compatible with the surrounding existing
residential and future commercial and industrial uses.
f. The proposed amendment will not, burden existing and planned service capabilities.
Council finds that the proposed amendment would not burden existing and planned service
capabilities in this area of the city. Sewer and water services are available to be extended to
this site.
g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses
that allows sufficient area to mitigate any anticipated impact associated With the
development of the area.
Council finds the proposed private school development of this property is consistent with the
proposed map amendment, will not significantly impact development in this area and
provides a logical juxtaposition of uses.
h. The proposed amendment is in the best interest of the City of Meridian.
For the reasons stated in Sections V11 and V111 and the subject findings above, Council finds
that the proposed amendment is in the best interest of the City if the applicant enters into a
development agreement with the City.
2. 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
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Meridian City Council Meeting Agenda August 21 2088—Pftge0ftb69132
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 21.93 acre property with an M -E zoning
district to develop a charter school. Commission finds that the proposed map amendment
complies with the provisions of the Comprehensive Plan and should be compatible with
adjacent residential uses (see section VIII above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement,•
Council finds that the proposed map amendment to the M -E zoning district is consistent with
the purpose statement for the residential districts as detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
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.
Council considers 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,
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).
Council finds annexing this property with an M -E zoning district is in the best interest of the
City if the applicant revises the plat per Commission's recommendation and enters into a
development agreement.
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Meridian City Council Meeting Agenda August 21 ?2G8&—PRgg(4392)b6922
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