Z - Development Agreement Gem Innovation Schools (H-2020-0043) 2020-117719 ADA COUNTY RECORDER Phil McGrane 2020-117719
BOISE IDAHO Pgs=35 KRISTINA LOWRY 09/10/2020 10:52 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Bouma, USA, Developer
3. Gem Innovation School, Owner
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this-04. day of �"� , 2020, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway
Avenue, Meridian, Idaho 83642 and Gem Prep: Meridian North, LLC whose address is PO
Box 86, Deary, ID 83823, hereinafter called OWNERS and Bouma, USA whose address is 3033
Orchard Vista Dr. Suite 309 Grand Rapids MI 48546 hereinafter called DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner,in law and/or equity,of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit"A",which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS,Idaho Code § 67-6511 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 of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS,Owners and/or Developer have submitted an application for the
annexation and zoning of 8 acres of land,from the RUT to the R-15 (Medium
Density Residential) zoning district for the property listed in the attached
Exhibit"A", 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
the Meridian City Council,as to how the Property will be developed and what
improvements will be made; and
DEVELOPMENT AGREEMENT—GEM INNOVATION SCHOOLS(H-2020-0043) PAGE I OF 9
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Bouma, USA, Developer
3. Gem Innovation School, Owner
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this-04. day of J"u j* , 2020, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway
Avenue, Meridian, Idaho 83642 and Gem Prep: Meridian North, LLC whose address is PO
Box 86, Deary, ID 83823, hereinafter called OWNERS and Bouma, USA whose address is 3033
Orchard Vista Dr. Suite 309 Grand Rapids MI 48546 hereinafter called DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner,in law and/or equity,of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit"A",which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS,Idaho Code § 67-6511 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 of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS,Owners and/or Developer have submitted an application for the
annexation and zoning of 8 acres of land,from the RUT to the R-15 (Medium
Density Residential) zoning district for the property listed in the attached
Exhibit"A", 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
the Meridian City Council,as to how the Property will be developed and what
improvements will be made; and
DEVELOPMENT AGREEMENT-GEM INNOVATION SCHOOLS(H-2020-0043) PAGE I OF 9
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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 21"' day of July, 2020, 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 Owner 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 of this Agreement,herein being established as a result of
evidence received by the City in the proceedings for zoning designation from
government subdivisions providing services within the planning jurisdiction
and from affected property owners and to ensure zoning designation are in
accordance with the amended Comprehensive Plan of the City of Meridian on
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.
3.2 OWNERS: means and refers to Gem Prep: Meridian North,LLC whose
address is PO Box 86,Deary,Idaho 83823,the parties that own said Property
and shall include any subsequent owner(s) of the Property.
DEVELOPMENT AGREEMENT—GEM INNOVATION SCHOOLS(H-2020-0043) PAGE 2 OF 9 Page 297
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3.3 DEVELOPER: means and refers to Bouma, USA, whose address is 3033
Orchard Vista Dr. Suite 309 Grand Rapids, MI 48546, the party that is
developing said 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 parcel to be bound by this Development Agreement 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. Future development of this site shall be generally consistent with the conceptual
site plan, conceptual building elevations, conceptual landscape plan and the
provisions contained in the Staff Report attached to the Findings of Fact and
Conclusions of Law attached hereto as Exhibit "B:.
b. All structures shall comply with the design standards listed in the Architectural -
Standards Manual and the design standards listed in UDC 11-3A-19. An
application for Design Review shall be submitted concurrently with the Certificate
of Zoning Compliance application and approved prior to submittal of building
permit applications.
c. Applicant shall construct a segment of the City's 10-foot multi-use pathway along
N. McDermott Road and the south boundary in accord with UDC 11-3A-8 and 1I-
3B-12. Prior to occupancy of any building, the applicant shall obtain City
Council's approval of a public pedestrian easement and record said document.
d. Applicant shall comply with any ACHD conditions of approval.
e. The applicant shall comply with the ordinances in effect at the time of application
submittal.
f. The only use allowed to develop on the property is an education institution. Said
use shall comply with the specific use standards in UDC 11-4-3-14.
DEVELOPMENT AGREEMENT—GEM INNOVATION SCHOOLS(H-2020-0043) PAGE 3 OF 9 Page 298
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g. The applicant shall work with Staff and the City Arborist to provide tree mitigation
plan at time of CZC.
h. The applicant shall construct a 10-foot wide landscape buffer on the north
boundary of Gem Street in accord with UDC 11-313-7C.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under
this Agreement.
7.2 Notice and Cure Period. In the event of 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 performance of the
covenants, agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either 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—GEM INNOVATION SCHOOLS(H-2020-0043) PAGE 4 OF 9 Page 299
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7.5 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 any 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 Ordinance in connection with the re-zoning of the Property
by the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, the
City shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall,following recordation of the duly approved Agreement,enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC,to insure the installation of required improvements,which the 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
OWNERS:
DEVELOPMENT AGREEMENT—GEM INNOVATION SCHOOLS(H-2020-0043) PAGE 5 OF 9 Page 300
Item#19.
Gem Prep: Meridian North, LLC
PO Box 86
Deary, ID 83823
DEVELOPER:
Bouma, USA
3033 Orchard Vista Dr. Suite 309
Grand Rapids, MI 48546
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 Owners and/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.
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.
DEVELOPMENT AGREEMENT—GEM INNOVATION SCHOOLS(H-2020-0043) PAGE 6 OF 9 Page 301
Item#19.
21. FINAL AGREEMENT: 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 of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
DEVELOPMENT AGREEMENT—GEM INNOVATION SCHOOLS(H-2020-0043) PAGE 7 OF 9 Page 302
Item#19.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNERS:
Gem Prep: Meridian North, LLC
By:
Its r 11 '
'� � G MA Agin N
DEVELOPER:
Bouma,USA
By: rr
Its: ►e�` Q5Vr4Pn4O r"C@r
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison Chris Johnson, City Clerk
DEVELOPMENT AGREEMENT—GEM INNOVATION SCHOOLS(H-2020-0043) PAOr 8 OF 9
Item#19.
STATE OF rr-i C,,
ss:
County of
On this Z-9 day of 2020, before►ne,the undersigned,a Notary Public in and for said State,personally
appeared known or identified to me to be the of Bourn a,USA,and
the person who signed above and acknowledged to the that he executed the same on behalf of said entity.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
(SEAL) 7ACUngin
BQU�IIhil1
C•STATE OF MICHIGAN Notary Public for
NTY OF KENT Residing a#:
n Expires Jan.26.2022 My Commission Expires: U 2 2
unty of t�
STATE OF IDAHO )
2)--~utk : ss:
County of#da )
On this_9ft day of 2020, before me, the undersigned, a Notary Public in and for said State,
personally appeared l-en.,,I ( Tu, cr known or identified to me to be the
hvr"-d CLe';{rw0-n of Gem Prep:Meridian North LLC and acknowledged tome that he executed the same on
behalf of said school.
ITj+W'Trt 44S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
ccrti Fic� aia�a�hKten.
�•� Notary Public for Idaho
' PUBLIC : Residing at: ,,.�[ Coca+ 61 �� &�rCw
No %O•,.` My Commission Expires; G-a r a t
bfpel
STATE OF IDXIO )
ss
County of Ada )
On this 8th day of September 2020, before me, a Notary Public, personally appeared
Robert E.Simison and Chris Johnson,known or identified tome 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, 1 have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Public for Idaho
Residing at: Meridian, Idaho
Commission expires: 3-28-2022
DEVELOPMENT AGREEMENT—GEM INNOVATION SCHOOLS(H-2020-0043) PAGE 9 OF 9 Page 304
Item#19.
EXHIBIT A
[`�AMH
>~�. , FOX
LAND SURVEYS engineering
EXHIBIT
ANNEXATION DESCRIPTION
GEM PREP MERIDIAN NORTH
TAX PARCEL NO.5042832566
A parcel of land within the Southwest 114 of the Northwest 114 of the Southwest 1/4 of Section 28,Township 4
North,Range 1 West,Boise Meridian,Ada County,Idaho,and more particularly described as follows.
COMMENCING at the Southwest Corner of Section 28 monumented by a found brass cap as described in CP&F
Instrument No.2019-017185 at the intersection of N.McDermott Road and W.McMillan Road,thence along the
section line, North 01'00'44"East,1315.33 feet to the S 1f 16 Corner to Sections 28&29,the southwes`,comer
of the Gem Prep Meridian North parcel and the POINT OF BEGINNING;
Thence continuing North 01'00'44°East,774.50 feet to the northwest corner of the Gem Prep Meridian North
parcel and the existing limits of Meridian City;
Thence along the existing limits of Meridian Cityand The Oaks North preliminary plat boundary,South 89'21'13"
East,450.06 feet to the northeast corner of the Gem Prep Meridian North parcel;
Thence continuing along toe existing limits of Meridian City and The Oaks North preliminary plat boundary,
South 01°00'44"West,774.77 feet to the southeast corner of the Gem Prep Meridian North parcel;
Thence along the existing limits of Meridian City and the Oakwind preliminary plat boundary,North 89'19'10"
West,450.06 feet to the POINT OF BEGINNING.
Containing 8.00 acres more or less.
Referto the attached EXHIBIT Survey Map_
END OF DESCRIPTION
Prepared by:
Ronald M.Hodge,PI-S
03-43-2020
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680 S.Progress Ave.,Suite#2B• Meridian,Idaho 83642 •Tel:208-342-7957• Web:hmh-Ilc.com
Equal Opportunity Employer
Gem Innovation School H-2020-0043 Page 305
Item#19.
EXHIBIT A
EXHIBIT
SURVEY MAPS
r S$9° 21' 13"E 450.06'
EXISTING CITY LIMITS 77
o ea iuo
SCALE: 1 100'
T
w GEM PREP P ��
MER01AN FORTH
�w TAX PARCEL Na. vtG
A o SO42837566 0
d
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71
it g fi
857 Q
5 x N,a3•o3-7c
1116 Comer
EXISTING CITY WITS FS -ir '
Point of
Beginning N89° 19' 10"VV 450.06' 940
o rn —
u,
in- � p � pR�Ul1�t�A
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LEGEND
29 28 ANNEXATION BOUNDARY
— — — SECTION
RM PRESCRIPTIVE RIGHT-OF-WAY
32 33 SURVEY MONUMENTS
McMillan Road FOX LAND SURVEYS
20009-01 Legal Sketch.dwg (208)342-7957
Gem Innovation School H-2020-0043 Page 306
Item#19. EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW C�f[EN
AND DECISION&ORDER
In the Matter of the Request for Annexation and Zoning of 8 acres of land with the R-15 zoning
district to develop a 42,408 SF 1-story college preparatory school by Gem Innovation School.
Case No(s). H-2020-0043
For the City Council Hearing Date of. July 7, 2020 (Findings on July 21, 2020)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of July 7, 2020,incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of July 7, 2020, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 7, 2020,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of July 7, 2020, incorporated by reference)
B. Conclusions of Law
l. 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 as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17, 2019,Resolution No. 19-2179 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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of July 7, 2020, incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR GEM INNOVATION SCHOOL AZ H-2020-0043 - I - Page 307
Meridian City Council Meeting Agenda July 21,2020— Page 321 of 590
Item#19.
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code§ 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for Annexation and Zoning is hereby approved per the conditions of
approval in the Staff Report for the hearing date of July 7, 2020, 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 § 67-6521,any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight(28)days after the date of this decision and order
seek a judicial review as provided by Chapter 52,Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of July 7, 2020
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR GEM INNOVATION SCHOOL AZ H-2020-0043 -2- Page 308
Meridian City Council Meeting Agenda July 21,2020— Page 322 of 590
Item#19.
By action of the City Council at its regular meeting held on the 21st day of July
2020.
COUNCIL PRESIDENT TREG BERNT VOTED YEA
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED YEA
COUNCIL MEMBER JESSICA PERREAULT VOTED YEA
COUNCIL MEMBER LUKE CAVENER VOTED YEA
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED YEA
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison
Attest:
Chris Johnson
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By. Charlene Way Dated: 7-21-2020
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR GEM INNOVATION SCHOOL AZ H-2020-0043 -4- Page 309
Meridian City Council Meeting Agenda July 21,2020— Page 324 of 590
,rem#19. EXHIBIT A
STAFF REPORT E COMMUNITY
N ---
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 7/7/2020 r� ---- ----
Le gend
DATE: _F-
I'rc:ev-
TO: Mayor&City Council
r
FROM: Alan Tiefenbach, Associate Planner ----
208-489-0573 -------
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2020-0043
r
Gem Innovation School
LOCATION: The site is located at 5390 N. McDermott
Rd, approximately'/4 mile north of the
W. McMillan Rd/N. McDermott Rd
n4
intersection, in the SW 1/4 of Section 28,
Township 4N., Range 1 W.
1. PROJECT DESCRIPTION
Annexation &zoning of 8 acres of land with the R-15 zoning district to develop a 42,408 SF
I-story college preparatory school for grades K-12. Enrollment estimate is approximately
600 children. The applicant is Gem Innovation Schools.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 8 acres
Future Land Use Designation Medium Density Residential
Existing Land Use(s) SFR/Rural
Proposed Land Use(s) Educational Facility
Current Zoning RUT in Ada County
Proposed Zoning R-15
Neighborhood meeting date;#of March 3,2020—6 attendees.
attendees:
Page ]
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Meridian City Council Meeting Agenda July 21,2020— Page 325 of 590
Item#19.
b. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) Yes
• Requires ACHD Commission No
Action es/no
Access(Arterial/Collectors/State Three accesses are proposed. There are two accesses
Hwy/Local)(Existing and Proposed) proposed from N.McDermott Rd to the west,a collector,
and there is a third northern access planned to connect
Gem Street to a proposed stub street in the Oaks North
Subdivision.
Stub Street/Interconnectivity/Cross The property is proposed to connect to a stub street in the
Access Oaks North Subdivision to the north.The eastern stub
street is not being extended into the site however,the
applicant is proposing a pedestrian connection to the
residential development.This connectivity has been
coordinated with ACHD, Toll Brothers and the applicant.
Existing Road Network No existing streets within the site,property will connect to
a stub street at the north,N. McDermott Road exists to the
west.
Existing Arterial Sidewalks/ There are no existing buffers or sidewalk along N.
Buffers McDermott Rd at the west boundary of the site.
Proposed Road Improvements ACHD is requiring applicant to construct McDermott Road
as'/2 of a 36 foot with curb,gutter and detached sidewalk.
There will also be a new internal road(Gem Way)
connecting to the Oaks North.
Distance to nearest City Park(+ 2.3 miles to Keith Bird Legacy Park
size)
Fire Service The building will provide fire sprinklers.
There is a future fire station planned within the 5-minute
response time.
• Distance to Police Station 8.5 miles
• Police Response Time There is no available data,but the expected response time
to this area in an emergency is about 3-5 minutes.The
average response time in the City of Meridian is just under
4 minutes.
• Calls for Service 56 within 1-mile radius.
• Accessibility No issues with the proposed access
• Specialty/resource needs None
• Crashes Between 3/l/2019-2/29/2020,the Meridian Police
Department responded to 4 crashes within a mile of the
proposed development. See attached documents for details.
Wastewater
• Distance to Sewer Services Approximately 360-feet to the east in The Oaks North
Subdivision.
• Sewer Shed North McDermott Trunkshed
• Estimated Project Sewer See Application
ERU's
• WRRF Declining Balance 13.92
• Project Consistent with WW Yes
Master Plan/Facility Plan
Page 2
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Meridian City Council Meeting Agenda July 21,2020— Page 326 of 590
Item#19.
Description Details Page
Water
• Distance to Water Services Applicant must connect water to the north in Gem Way to
Oaks North Subdivision. Also, stub a water main and
hydrant to the west at McDermott Rd.
• Pressure Zone I
• Estimated Project Water See Applicant
ERU's
• Water Quality No concerns
• Project Consistent with Water Yes
Master Plan
• Impacts/Concerns None
Page 3
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Meridian City Council Meeting Agenda July 21,2020— Page 327 of 590
Item#19.
Project Area Maps
Future Land Use Map Aerial Map
Legend Legend
I EllP�v"e•�- Lx -'ter � P ec' Lx❑ on
e
Law Den ity Medium Density —
Re idential Residential —� • Y;V-
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AAmed-High I
city s�
Residential
�• l�AU-�hl _
Zoning Map Planned Development Map
Legend Legend �.
Prrs}ent Locafian. l Pr j t Lana ian
a
City Lind#
RUT — Pllo"r ad Par is
in
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0
leR-15 R-1 S
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- RUT
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R_4
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}} RUT j
III. APPLICANT INFORMATION
A. Applicant:
Paul Bierlein, Bouma USA. —445 Pettis, Suite 201.,Ada, MI 49301
B. Owner:
Gem Innovation Schools—2750 E. Gala Street.,Meridian, ID 83642
C. Representative:
Paul Bierlein, Bouma USA. —445 Pettis, Suite 201.,Ada, MI 49301
— Page 4
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Meridian City Council Meeting Agenda July 21,2020— Page 328 of 590
Item#19.
IV. NOTICING
Planning & Zoning City Council
Posting Date Posting Date
Newspaper Notification 5/13/2020 6/19/2020
Radius notification mailed to
properties within 300 feet 5/12/2020 6/16/2020
Site Posting Date 5/14/2020 6/22/2020
Nextdoor posting 5/12/2020 6/16/2020
V. STAFF ANALYSIS
a. Annexation:
The proposed annexation area is contiguous to City annexed property and is within the
Area of City Impact Boundary. A legal description and exhibit map for the annexation
area is included in Section VII.A.
b. Future Land Use Map Designation(https:llwww.meridiancity.or /g compplan)
Medium Density Residential—This designation allows for dwelling units at gross
densities of three to eight dwelling units per acre. Density bonuses may be considered
with the provision of additional public amenities such as a park, school, or land dedicated
for public services.
The applicant is requesting the R-15 zoning district because schools are a permitted use
in this zoning district and would result in a more expeditious review. A subsequent
development agreement will limit the allowed uses to an educational facility in
perpetuity. A DA is recommended as a condition of the annexation with the provisions
included in Section VIII.A1. The DA is required to be signed by the property
owner(s)/developer and returned to the City within 6 months of the Council granting the
annexation for approval by City Council and subsequent recordation.
The MDR designation of the FL UM emphasizes the importance of adequate access to
schools. Providing adequate schools is supported in the Comprehensive Plan as
discussed below. Staff finds the proposed annexation and zoning to R-15 with a
development agreement that restricts uses only to an educational facility to be generally
consistent with the Future Land Use Map designation of Medium Density Residential.
c. Comprehensive Plan Policies (hgps:11www.meridiancity.org/compplan):
Goals, Objectives, & Action Items: Staff finds the following Comprehensive Plan
policies to be applicable to this application and apply to the proposed use of this property
(staff analysis in italics):
Page 5
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Meridian City Council Meeting Agenda July 21,2020— Page 329 of 590
Item#19.
2.03.01 —"Jointly plan and site schools and subdivisions to ensure mutual benefits,
neighborhood identity, and community health."
Several large subdivisions have been approved recently in the vicinity. This includes the
Oaks North and South which comprise approximately 1,000 lots total. Many of the lots in
the Oaks South are presently building out. The proposed school and adjacent
neighborhoods are generally developing along similar timelines, and the school is
proposed to be integrated into these surrounding neighborhoods via an internal road at
the north and two pedestrian pathways. The first pathway is a 14' wide pathway at the
south perimeter of the property which will begin at N. McDermott Road and run along
the Creason Lateral at the south perimeter of the property. The second pathway is a
pedestrian connection into the eastern portion of the North Oaks neighborhood at Double
Rock Road.
The capacity of educational facilities has been a concern often raised in recent public
meetings. The Gem Innovation School will be a charter school, open to the public, which
is planned to serve approximately 600 children and is proposed to be developed along a
similar timeline as the Oaks North and South neighborhoods. Facilities within an easy
walk to the adjacent neighborhood is a mutual benefit to the school and the adjacent
community. Also, local educationalfacilities are often associated with a neighborhood's
identity and serve as community meeting places.
2.03.011)Ensure the location and design of schools are compatible with existing and planned
neighborhoods and land uses.
In general, a school is a community use that can be very compatible with a residential
neighborhood. The more the school is integrated into the neighborhood, the more of a
benefit to the community and the safer for the students. That said, compatibility with the
neighborhood can also be a function of design. This proposal includes landscape buffers
of a minimum width of 10'along the perimeter of the property as well as a 40' landscape
buffer along N. McDermott Road. Building heights have been kept below 30',primary
access is being directed to McDermott Road, and there are requirements of the UDC
regarding lighting being downcast and shielded. In addition, the building design will be
subject to the City's design review standards in the UDC and the Architectural Design
Manual.
2.03.01E Work with West Ada School District to locate and connect schools to safe and
accessible walking,bicycle, transit, and automobile routes.
As mentioned, there are two non-motorized connections being provided into the adjacent
neighborhood via a pathway along the Creason Lateral and from the eastern side of the
school to Double Rock Road. There is an internal vehicular access to the local
neighborhood at the north, and primary access occurs from N. McDermott Road, a
Principal Arterial. There is also a 10'wide proposed pathway planned along the length
of the property fronting N. McDermott Road.
Page 6
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Meridian City Council Meeting Agenda July 21,2020— Page 330 of 590
Item#19.
d. Existing Structures/Site Improvements:
An existing residence, constructed in 1940, exists on the property. This residence is
proposed for removal. All structures should be removed from the property with
development of the school site.
e. Proposed Use Analysis:
This proposal includes an approximately 42,500 square foot charter school providing
education from kindergarten to 12th grade, including college preparation. This is
considered an educational use and is allowed by right in the R-15 zone district, subject to
the specific use standards below.
f Specific Use Standards (UDC 11-4-3-14):
UDC 11-4-3-14. (Education Institutions) requires elementary schools to be located within
the center of neighborhoods with access encouraged from local streets. Middle and high
schools may take access off a designated arterial or collector street. Elementary school
locations adjacent to public parks or open space are encouraged. At least thirty percent
(30%)of the perimeter of an elementary school site should be open to streets or open
space areas.
Gem Innovation School is intended to serve Kindergarten to Grade 12. The school is
located adjacent to the developing Oaks North and South Subdivisions, and will be
connected to the neighborhood via Gem Way (local street) at the north. There are also
two proposed access from N. McDermott Rd, a collector street. A significant percentage
of the site is open to streets and open space; a 10'wide multiuse pathway is proposed
along the entire western perimeter of the site (adjacent to N. McDermott Road) and a 10'
multiuse pathway is proposed along the southern periphery. In addition, 440'of the 775'
eastern perimeter remains open by locating playfields in this area.
g. Dimensional Standards (UDC 11-2):
The zoning is proposed to be R-15. This requires a street setback of 25' (for garages),
rear setback of 12' and interior side setbacks of 3' Landscape buffers of 25' are required
along arterial streets. Building height is limited to 40'.
The building maintains a street setback from N. McDermott Road and a rear setback
from the property line of at least 170'. There is more than a 200'setbackfrom the north
property line and 75'from the eastern side property line. There is a 40'landscape buffer
proposed along N. McDermott Road which is comprised of Kentucky Bluegrass, a 10'
wide pathway and a landscaped berm of undulating height east of the pathway. The
height of the building is proposed at 30; 10'less than the allowed maximum. As will be
discussed in the landscaping section, landscape buffers are proposed along all four
perimeters of the property as well.
Page 7
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Meridian City Council Meeting Agenda July 21,2020— Page 331 of 590
Item#19.
h. Access/Traffic(UDC 11-3A-3):
As mentioned above, three accesses are proposed. There are two accesses proposed from
N. McDermott Rd to the west, a collector, and there is a third northern access planned to
connect Gem Street to a proposed stub street in the Oaks North Subdivision. Three
pedestrian pathways are proposed to connect the site. The first is a 10'pathway the
applicant will construct that runs along the property paralleling N. McDermott Road.
The second will be a 10'multiuse pathway along the southern periphery adjacent to the
Creason Lateral. The third is a pedestrian connection into the eastern portion of the
North Oaks neighborhood at Double Rock Road.
ACHD did not express any additional issues regarding access and supported the road
extension and McDermott Road access. Further, ACHD communicated to staff that the
stub street on the east boundary did not need to extend into the site. Pedestrian
connection would suffice. This was discussed with ACHD, and both affected land owners.
However, Staff has not received a staff report from ACHD to verify the connectivity is
acceptable by the transportation authority.
i. Parking (UDC 11-3C):
Parking requirements for Educational Institutions per section 11-4-3-14 of the UDC
requires one parking space for every four hundred(400) square feet of gross floor area.
Based on a proposed size of 42,398 square feet this amounts to 106 spaces. The concept
plan shows I10 parking spaces of a minimum size of 9'x 19'as required by 11-3C-5 of
the UDC.
The conceptual site plan, circulation plan and landscape plan reflect multiple drive aisles
and a design which shows separate drop off and pick up areas. Staff understands the
incentive to ensure safety and satisfactory circulation but believes a significant amount of
asphalt is being employed. If there were a more efficient design, less paving would be
required. This would reduce heat island effects, reduce the amount of necessary drainage
improvements and decrease impairment to water quality. Staff will discuss these issues
with the Applicant at length during the subsequent Certificate of Zoning Compliance
(CZC).
j. Pathways (UDC 11-3A-8):
There is proposed 10 foot multi-use pathway proposed along N. McDermott Road and
another 10 foot multi-use pathway proposed along the southern perimeter,paralleling
Creason Lateral. This pathway is an extension from a future phase of the Oaks North
development. Per UDC I1-3B-12C, the applicant shall provide 5-feet of landscaping
along both sides of the pathway. Prior to occupancy of the structure, the applicant should
submit and obtain approval of a pedestrian pathway easement from City Council.
Further, the applicant should coordinate with the applicable irrigation district and
conform to any requirements of the district.
Page 8
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Meridian City Council Meeting Agenda July 21,2020— Page 332 of 590
Item#19.
k. Sidewalks (UDC 11-3A-17):
No sidewalks presently exist along N. McDermott Road. The Applicant proposes to install
a 10'detached walkway along the length of the property in this area. 6'wide sidewalks
are proposed on both sides of Gem Street which connects the site to the neighborhood at
the north.
1. Parkways (UDC 11-3A-17):
No parkways are proposed with this application.
in. Waterways (UDC 11-3A-6):
The Creason Lateral runs along the south boundary. This proposal includes a paved walkway
paralleling this area. The Applicant intends to culvert this ditch. Any improvements that occur
within the easement area will require coordination with the irrigation district.
n. Fencing(UDC 11-3A-6, 11-3A-7):
The landscape plan indicates 6'high vinyl coated chain linkfence along the eastern portion of
the site. The applicant will be required to comply with the fence standards in the UDC 11-3A-7.
o. Utilities (UDC 11-3A-21):
Connection to City water and sewer services is proposed in accord with UDC 11-3A-21.
The property will have an 8-inch water and sewer lines which will connect to Doublerock
Drive. Street lighting is required to be installed in accord with the City's adopted
standards, specifications and ordinances. See Section VIII.B below for Public Works
comments/conditions.
p. Landscaping(UDC 11-3B):
A landscape buffer of at least 35' is required along N. McDermott Road, an entryway
corridor. A minimum density of one tree per thirty-five (35) linear feet is required in this
buffer. A five-foot (5) wide minimum landscape buffer is required adjacent to parking,
loading, or other paved vehicular use areas, including driveways. Interior parking lot
landscaping shall be required on any parking lot with more than twelve (12) spaces. No
linear grouping of parking spaces shall exceed twelve (12) in a row,without an internal
planter island.
The conceptual site plan shows a landscape buffer of 40'wide along N. McDermott
Road. This includes grass directly adjacent to the road, a 10'wide paved pathway, and
additional landscaped area of widths varying between 20'and 25'east of the pathway,
terminating in undulating berms.
Based on a frontage length of approximately 776 feet, 22 trees are required within the
buffer. It appears at least 28 trees are in this area. The final landscape plan will be
reviewed at the time of the CZC.
Page 9
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Meridian City Council Meeting Agenda July 21,2020— Page 333 of 590
Item#19.
q. Tree Preservation(UDC 11-3B-10):
The UDC requires mitigation for all existing trees four inch(4") caliper or greater that are
removed from the site. This mitigation includes equal replacement of the total calipers
lost on site up to an amount of one hundred percent(100%)replacement.
The Applicant has requested a "council waiver"of the required tree mitigation.
According to their narrative, 37 trees must be removed, which amounts to a total caliper
of 508 inches. The Applicant's calculations deduce this to be 254 additional trees of 2"
caliper whereas they are proposing replacing the 37 trees being removed with 167 new
trees. The Applicant states it is important to provide sufficient open space including
sports courts and playfields and requiring additional trees would prove difficult.
The City Arborist considered the Applicant's request and noted there are several trees
which are probably in such a condition as to not require mitigation and is amenable to
deeming them inappropriate for mitigation. However, staff is not convinced there are no
other options for either retention of existing trees or replacement with new trees. Also,
there is a significant amount of paving proposed for the parking area as well as the
paved playfields at the eastern perimeter of the site. Staff believes there are additional
opportunities to buffer the site and reduce heat island effects. Staff will work with the
Applicant on the required trees and tree preservation during the subsequent Certificate of
Zoning Compliance. A Council Waiver is not the appropriate mechanism; any deviations
would occur through the Alternative Compliance process as indicated in Section 11-5B-5
of the UDC.
r. Building Elevations (UDC 11-3A-19 I Architectural Standards Manual):
The Applicant has submitted colored elevations that proposes a flat-roofed design with
muted earth tone colors and building materials including lap siding, hardie board, and
metal panels. The proposed architecture will be reviewed in detail during the Certificate
of Zoning Compliance and must meet the requirements of the City of Meridian
Architectural Standards Manual and the site and structure design standards in UDC I I-
3A-19.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed Annexation with the requirement of a
Development Agreement per the provisions and comments included in Section VII in
accord with the Findings in Section VIII.
B. The Meridian Planning &Zoning Commission heard this item on May 28, 2020. At the
public hearing, the Commission moved to recommend approval of the subject AZ
request.
Page 10
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Meridian City Council Meeting Agenda July 21,2020— Page 334 of 590
Item#19.
1. Summary of Commission public heariM
a. In favor: Dan Henrickson and Bill Hadlock, Paradigm Design(Applicant's
Representative)
b. In opposition: None
c. Commenting: Dan Henrickson and Bill Hadlock, Paradigm Design(Applicant's
Representative)
d. Written testimony: None
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application: Bill Parsons
2. Key issue(s) of public testimony
a. None
3. Key issue(s) of discussion by Commission:
a. Commission discussed whether Meridian Fire was supporting the proposed
turn-around at the northeast portion of the site. Applicant responded that they
did support it as proposed.
b. Commission discussed staff s recommended condition to pipe the Creason
Lateral. The applicant stated this had already been done.
C. Commission discussed the applicant's request to change the condition of
approval that the required the applicant to comply with tree preservation
mitigation standards to "the applicant and staff will work with the City arborist
to provide a tree mitigation plan." The Commission was agreeable to this
request.
d. Commission discussed staffs recommendation for a 10' buffer along;the north
side of Gem Way. The applicant was initially opposed to this because they
believed the adjacent property owner had already designed a buffer tract into
their development. As it ended up, they had not. Since this time, the applicant is
agreeable to this condition and has revised the site plan and landscape plan
accordingly.
4. Commission change(s) to Staff recommendation:
a. Remove Condition a.viii that requires tiling of the Creason Lateral.
b. Change the language of Condition a. v.iii that requires the applicant to comply
with all tree mitigation requirements to "the applicant will work with the CitX
Arborist to provide a tree mitigation plan at time of CZC."
5. Outstandingissue(s)ssue(s) for City Council:
a. Add the following Public Works conditions of approval:
Page 11
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Meridian City Council Meeting Agenda July 21,2020— Page 335 of 590
Item#19.
1. The applicant shall be required to pay the Oaks Lift Station and Pressure
Sewer Reimbursement Fees in the amount of$265.25 per equivalent
residential unit (ERU). The reimbursement fees for this application shall be
paid with the first building permit.
2. The applicant shall be required to pay the Oaks Lift Station Pump Upgrades
Reimbursement Fees in the amount of$185.43 per equivalent residential
unit (ERU). The reimbursement fees for this application Shall be paid with
the first building permit.
C. The Meridian City Council heard these items on July 7, 2020. At the public hearing, the
Council moved to approve the subject Annexation and Zoning request.
1. Summary of the City Council public hearing_
a. In favor: Paul Bierlein from Bouma USA.
b. In opposition: None
c. Commenting: Paul Bierlein from Bouma USA..
d. Written testimony: None
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony
a. None
3. Key issue(s) of discussion by City Council:
a. None.
4. City Council change(s) to Commission recommendation:
a. Add the following Public Works conditions of approval:
1. The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer
Reimbursement Fees in the amount of$265.25 per equivalent residential unit
(ERU). The reimbursement fees for this application shall be paid with the first
building permit.
2. The applicant shall be required to pay the Oaks Lift Station Pump Upgrades
Reimbursement Fees in the amount of$185.43 per equivalent residential unit
(ERU). The reimbursement fees for this application Shall be paid with the first
building permit.
Page 12
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Meridian City Council Meeting Agenda July 21,2020— Page 336 of 590
Item#19.
VII. EXHIBITS
A. Annexation Legal Description and Exhibit Map
*FOX' HMH
16 LAND SURVEYS engineering
EXHIBIT
ANNEXATION DESCRIPTION
GEM PREP MERIDIAN NORTH
TAX PARCEL NO,SO42832566
A parcel of land within the Southwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 28,Township 4
North,Range 1 West,Boise Meridian,Ada County,Idaho,and more particularly described asfollows.
COMMENCING at the Southwest Corner of Section 28 monumented by a Found brass cap as described in CP&F
Instrument No.2019-017185 at the intersection of N.McDermott Road and W.McMillan Road,thence along the
section line,North 01'00'44"East,1315.33 Feet to the S 1f 16 Comer cc Sections 28&29,the southwest comer
of the Gem Prep Meridian North parcel and the POINT OF BEGINNING;
Thence continuing North 01'00'44"East,77430 feet to the northwest corner of the Gem Prep Meridian North
parcel and the existing limits of Meridian City;
Thence along the existing limits of Meridian Cityand The Oaks North preliminary plat boundary,South 89°21'13"
East,450.06 feet to the northeast corner of the Gem Prep Meridian North parcel;
Thence continuing along the existing limits of Meridian City and The Oaks North preliminary plat boundary,
South 01'00'44"West,774.77 feet to the southeast corner of the Gem Prep Meridian North parcel;
Thence along the existing limits of Meridian Cityand the Oakwind preliminary plat boundary,North 89'19'10"
West,450.06 feet to the POINT OF BEGINNING.
Containing 8.00 acres more or less.
Refer to the attached EXHIBIT Survey Map.
END OF DESCRIPTION
Prepared by:
Ronald M.Hodge,PLS
03-43-2020
fI� f �� LAkIJ
680 S.Progress Ave.,Suite#213• Meridian,Idaho 83642 *Tel:208-342-7957• Web:hmh-Ilc.com
Equal Opportunity Employer
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Meridian City Council Meeting Agenda July 21,2020— Page 337 of 590
Item#19.
EXHIBIT
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Page 14
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Meridian City Council Meeting Agenda July 21,2020— Page 338 of 590
Item#19.
B. Revised Conceptual Site Plan(date: 6/22/2020)
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Meridian City Council Meeting Agenda July 21,2020— Page 339 of 590
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Meridian City Council Meeting Agenda July 21,2020— Page 341 of 590
Item#19.
E. Conceptual Building Elevations (date: 3/27/2020)
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Page 18
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Meridian City Council Meeting Agenda July 21,2020— Page 342 of 590
Item#19.
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
a. A Development Agreement (DA) is required as a provision of annexation of this
property. Prior to approval of the annexation ordinance, a DA shall be entered into
between the City of Meridian, the property owner(s) at the time of annexation ordinance
adoption, and the developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior
to commencement of the DA. The DA shall be signed by the property owner and returned
to the Planning Division within six(6) months of the City Council granting the
annexation. The DA shall, at minimum, incorporate the following provisions:
i. Future development of this site shall be generally consistent with the conceptual
site plan, conceptual building elevations, conceptual landscape plan and the
provisions contained herein.
ii. All structures shall comply with the design standards listed in the Architectural
Standards Manual and the design standards listed in UDC 11-3A-19. An
application for Design Review shall be submitted concurrently with the
Certificate of Zoning Compliance application and approved prior to submittal of
building permit applications.
iii. Applicant shall construct a segment of the City's 10-foot multi-use pathway along
N. McDermott Road and the south boundary in accord with UDC I I-3A-8 and
11-313-12. Prior to occupancy of any building, the applicant shall obtain City
Council's approval of a public pedestrian easement and record said document.
iv. Applicant shall comply with any ACHD conditions of approval.
V. The applicant shall comply with the ordinances in effect at the time of application
submittal.
vi. The only use allowed to develop on the property is an education institution. Said
use shall comply with the specific use standards in UDC 11-4-3-14.
vii.
standards pef UDC 113B 1-0. The applicant shall work with Staff and the City
Arborist to provide tree mitigation plan at time of CZC.
viii. The applieapA shall be r-e"ied to tile the Gr-easen Later-a! in aeeer-danee wit
the Nampa and Meridian 1frigation Distr-iet.
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Meridian City Council Meeting Agenda July 21,2020— Page 343 of 590
Item#19.
ix. The applicant shall construct a 10-foot wide landscape buffer on the north
boundary of Gem Street in accord with UDC 11-3B-7C.
X. The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer
Reimbursement Fees in the amount of$265.25 per equivalent residential unit
(ERU). The reimbursement fees for this application shall be paid with the first
building permit.
xi. The applicant shall be required to pay the Oaks Lift Station Pump Upgrades
Reimbursement Fees in the amount of$185.43 per equivalent residential unit
(ERU). The reimbursement fees for this application Shall be paid with the first
building permit.
B. PUBLIC WORKS
1. Applicant will be responsible for the off-site extension of new sanitary sewer and water
mainlines to the east to connect with the mainlines in The Oaks North Subdivision.
2. Applicant shall be responsible for the water mainline extension in Gem Way, from the
north boundary to N. McDermott Road. A stub and hydrant will also be required west to
McDermott Rd.
C. ACHD
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=190639&dbid=0&repo=Meridi
anCi
D. CITY ARBORIST
https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=188578&dbid=0&repo=Meridi
anCi
E. POLICE DEPARTMENT
https://weblink.meridianci02.org/WebLink/Doc View.aspx?id=188194&dbid=0&r0o=Meridi
anCi
F. ADA COUNTY HIGHWAY DISTRICT (ACHD)
https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=188577&dbid=0&repo=Meridi
anCi
G. NMID
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Meridian City Council Meeting Agenda July 21,2020— Page 344 of 590
Item#19.
https:llweblink.meridiancit .org/WebLinkIDocView.aspx?id=187578&dbid=0&repo=Meridi
anCi
IX. FINDINGS
A. Annexation and/or Rezone (UDC 11-5B-3E)
Required 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 and/or rezone, the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The Council finds annexation of the subject site with an R-15 zoning designation is
consistent with the Comprehensive Plan MDR FLUM designation for this property use
will be limited to educational facility by a subsequent development restriction (see
Section V for more information).
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that a map amendment to the R-15 zoning district is consistent with
Comprehensive Plan as the Plan puts high priority on the provision of adequate
educational facilities.
3. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The Council finds that the proposed zoning map amendment should not be detrimental to
the public health, safety, or welfare. Staff recommends the Commission and Council
consider any oral or written testimony that may be provided when determining this
finding.
4. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the city including, but not
limited to, school districts; and
The 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.
5. The annexation(as applicable) is in the best interest of city
As the need for adequate educational facilities is supported by Comprehensive Plan, the
Council finds that the proposed annexation is in the best interest of the City.
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Meridian City Council Meeting Agenda July 21,2020— Page 345 of 590