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Compass Public Charter School East Expansion (H-2020-0042) ADA COUNTY RECORDER Phil McGrane 2020-117678 BOISE IDAHO Pgs=31 BONNIE OBERBILLIG 09/10/2020 10:44 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2, Bouma USA Management, LLC, Developer 3. Compass Public Charter School, Owner THIS DEVELOPMENT AGREEMENT(this Agreement), is made and entered into this -%,d` day of d S"f' 2020, by and between City of Meridian, a municipal corporation of the State o'Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Compass Public Charter School, whose address is 4540 E. Franklin Road, ID 83642, hereinafter called OWNERS and Bouma USA Management, LLC, whose address is 3033 Orchard Vista Dr., Suite 309, Grand Rapids, Michigan 48546 hereinafter called DEVELOPER. 1. RECITALS: 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 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 5.15 acres of land, from the RUT to the R-15 (Medium Density Residential) zoning district and for modification to an existing Development Agreement (#2018-079763) to incorporate the land described in the attached Exhibit"A" into one Agreement, 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 DLVELOPMEN-I'AG12EE\,IEN'r -COMPASS C;I IARTER SCHOOL EAST EXPANSION(H-2020-0042) PAGE I OF 9 Page 264 Item#18. the Meridian City Council,as to haw 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 7"'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 fiill. 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. DEver.or M r.r AGREEMENT—COMPASS CHARTER SCHOOL Ens'r E.xpiv sroN(11-2020-0042) PAGE-2 of 9 Page 265 Item#18. 3.2 OWNERS: means and refers to Compass Public Charter School whose address is 4667 W. Aviator Street, Meridian, ID 83642, the patties that own said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to Bouma USA Management, LLC, whose address is 3033 Orchard Vista Dr., Suite 309,Grand Rapids,Michigan 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. Development of this site shall substantially comply with the design standards listed in UDC 1 I-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", T--- 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- AIAVIV4I 4-3-14. e. 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. f. Access to the future collector roadway shall be approved as shown on the concept plan in Exhibit AA of the Staff Report attached to Exhibit`B",Findings of Fact Conclusions of Law. All future access point to the collector roadway shall be governed by UDC I I-3A-3. DEVELOPMENT AGREEMENT—COMPASS CHARTER SCIiOOL EAST EXPANSION(H-2020-0042) PAGE 3 OF 9 Page 266 Item#18. g. The applicant shall generally comply with the submitted concept plan and landscape plan attached as Exhibit VII. C and D of the Staff Report attached to Exhibit"B",Findings of Fact Conclusions of Law. Any future development on the southern portion of this property shall require an amendment to this DA and be subdivided in accord with UDC 11-613. h. If the southern parcel is developed, cross-access agreements will be required to the adjacent parcels to the east and west in accord with UDC 11-3A-3A (parcel numbers S 1210336377 & S 1210336450). i. Upon Council approval,the landscape buffer along the eastern property boundary abutting the proposed parking lot shall have a width of no less than 15-feet from the property line and be landscaped in accordance with UDC 11-313-9. 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(ISO)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. T3 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 67-65I 1. 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. DEVELOPMENT AGREEMENT—COMPASS CHARTER SCHOOL EAST E\PANSION(H-2020-0042) PAGE 4 OF 9 Page 267 Item#18. 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. 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. REQUIRENIENT 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 1 I 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: DEVELOPMENT AGREEMENT—COMPASS CHARTER SCHOOL EAST EXPANSION(H-2020-0042) PAGE 5 OF 9 Page 268 Item#18. 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: Compass Public Charter School 4667 W. Aviator Street Meridian, Idaho 83642 DEVELOPER: Bouma USA Management, LLC 3033 Orchard Vista.Dr., Suite 309 Grand Rapids, Michigan 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 panties 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 deterimined that Owners and/or Developer have fully performed their obligations under this Agreement. I8. 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. DEVEI..OPM}.iN,r AGREE-MENT—COMPASS CHARTER SCHOOL EAST EXPANSION(H-2020-0042) PAGE 6 OF 9 Page 269 Item#18. 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. 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 oil 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, acknowledgennents, and Exhibits A and B follow] DEVELOPMENT AGREEMENT—COMPASS CHARTER SCHOOL EAST L"XPANSION(H-2020-0042) PAGE 7 OF 9 Page 270 Item#18. ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: Compass Public Charter School By: J- / crwYtn�i ti Its: yt DEVELOPER: Bouma USA Management, LLC By: Its: 6pgr ,?:, 0 '2ir.oi' CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk DEVELOPMENT AGREEMENT—COMPASS CHARTER SCHOOL EAST EXPANSION(H-2020-0042) PAGIi 8 OF 9 Page 2 Item#18. STATE-OF PA 1 ) ss: County of Vcr-i ) On this 2i�, day of 2020,before me,the undersigned,a Notary Public in and for said State,personally appeared +J0 kno%�ii or identified to me to be the (,pp of Bot>ma USA Alanagement,LLC and the person��ho signed above 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) ATTI LYNN `BOUMA Notary Public for ��t�\�_ a iyT NOTARY PUBLIC-STATE OF MICHIGAN Residing at: COUNTY OF KENT My Commission Expires: t 12-co I ZZ My Commission Expires Jan.26,2022 Acting in the County of b r-,r-- -- STATE OF IDAI IO ) ss: County of Ada i On this iii day of i\ 2020, before me, the undersigned, a Notary Public in and for said State, personally appeared U-- ,, d' .known or identified to me to be the J6,ca,-A C.4� �,✓ of Compass Charter School and acknowledged to me that he executed the same on behalf of said school. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above wt•itten. itlf ii8$gg� •. �g49 dip � (SEAL) ���`°„ Cll�d© 6'P�Or � �Qt�'r'� 0 00ci���� Notary Public for Id ho / Residing at: 114,11, f c',17g a $ 0 x My Commission Expires: t I,Z c zy ® � 0 + 0 10 00 10 STATE OF IDAI IO rr�S'e�eceit♦°�t County of Ada j On this 8th day of September 2020. before me, a Notary Public, personally appeared Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of N-lei•idian, 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. Notar•,Public for Id ho Residing at: Meridian, Idaho Commission expires: 3-28-2022 DEVELOPMENT AGREEMENT—COMPASS CHARTER SCI IOOI,FAST EXPANSION(1-I-2020-0042) PAGE 9 OF 9 Item#18. FOX JHMH LAND SURVEYS engineenng REVISED EXHIBIT DEVELOPMENT AGREEMENT LEGAL DESCRIPTION A parcel of land within the Southwest Quarter of the Southwest Quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows, COMMENCING at the Corner of Sections 9, 10, 15 & 16 at the intersection of W. Franklin Road and N. Black Cat Road, monumented by a found Aluminum Cap as described in Corner Record Instrument No. 2018-016068, from which the Quarter Corner to Sections 10 and 15 bears South 89°15'37" East, 2640.62 feet, monumented by a found Aluminum Cap as described in Corner Record Instrument No. 2018-016067, thence along the Section line, South 89°15'37" East, 908.47 feet; thence North 00°35'11" East, 35.88 feet to the Northerly Right-of-Way for West Franklin Road, monumented by a found 5/8- inch rebar with cap stamped "PLS 7612" and the POINT OF BEGINNING; Thence continuing North 00°35'11" East, 1051.99 feet to a found 5/8-inch rebar with cap stamped "FLS 7612"; Thence North 89°15'44" West, 205.90 feet to a found 5/8-inch rebar with cap stamped "PLS 12464"; Thence South 00°36'41" West, 55.00 feet to the Southerly Right-of-Way for West Aviator Street monumented by a found 5/8-inch rebar with cap stamped "PLS 12464"; Then continuing along said Right-of-Way the following three (3) courses and distances: Thence North 89°15'44" West, 451.45 feet to a found 5/8-inch rebar with cap stamped "PLS 12464"; Thence South 85°01'37" West, 50.25 feet to a found Copper Cap stamped "PLS 7612"; Thence North 89°15'44" West, 139.50 feet to the Easterly Right-of-Way for North Black Cat Road, monumented by a found 5/8-inch rebar with cap stamped "PLS 12464"; Thence along said Right-of-Way, South 34°58'48" West, 22.08 feet to a found 5/8-inch rebar with cap stamped "PLS 12464"; Thence continuing along said Right-of-Way, South 00°38'57" West, 35.60 feet to a found 5/8-inch rebar with cap stamped "PLS 12464"; 680 S. Progress Ave., Suite #213 • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hmh-Ilc.com page 273 Equal Opportunity Employer Item#18. Thence South 89°15'44" East, 151.87 feet to a found 1/2-inch rebar with no cap; Thence South 00°38'26" West, 116.50 feet to a found 5/8-inch rebar with cap stamped "PLS 12464"; Thence South 89'15'44" East, 90.18 feet to a found 5/8-inch rebar with cap stamped "PLS 12464"; Thence South 00°34'50" West, 810.74 feet to the Northerly Right-of-Way for West Franklin Road, monumented by to a found 5/8-inch rebar with cap stamped "PLS 12464"; Thence along said Right-of-Way, South 89°15'37" East, 94.13 feet to a found Copper Cap stamped "PLS 7612"; Thence continuing along said Right-of-Way, South 82°16'35" East, 8.17 feet to a found Aluminum Cap stamped "PLS 117778"; Thence North 00°36'41" East, 411.41 feet to a found 5/8-inch rebar with cap stamped "PLS 12464"; Thence South 89°09'23" East, 102.95 feet to a found 5/8-inch rebar with cap stamped "PLS 12464"; Thence North 00°36'41" East, 155.88 feet to a found 5/8-inch rebar with cap stamped "PLS 12464"; Thence South 89°15'44" East, 204.84 feet to a 1-foot Witness Corner monumented by a found 5/8-inch rebar with cap stamped "PLS 12464"; Thence continuing South 89°15'44" East, 1.00 feet; Thence South 00°36'41" West, 576.98 feet to the North Right-of-Way for West Franklin Road monumented by a found 5/8-inch rebar with cap stamped "PLS 12464"; Thence along said Right-of-Way, South 89°15'37" East, 206.36 feet to the POINT OF BEGINNING. Containing 11.189 acres, more or less. END OF DESCRIPTION Prepared by: Ronald M. Hodge, PLS Survey Department Mang er G\ rER G 0. 85 5 �, o a •oz•Zv� 0 f RMHJR development agreement legal description revised Pag Page 274 Item#18. REVISED DEVELOPMENT AGREEMENT 77 EXHIBIT o 100 Zoo SCALE: 1"=200' R/W R/W O O Of I � I O I � O O IU I� U a Flt� /k zOf � I , I 9 10 O O O O F — — — — — — — — — 10 16 15 W. FRANKLIN ROAD Basis of Bearings 15 R/W R/W — N LEGEND �, \S BOUNDARY o — — — SECTION a 857 0 — — — RECORD BOUNDARY o R/W RIGHT-OF-WAY ba•p2'2 0 ® o N O SURVEY MONUMENTS �0 9TF OF FOX LAND SURV S20009-04 Sketch.dwg (208) 342-7957 Page 275 EXHIBIT B Item#18. CITY OF MERIDIAN T T FINDINGS OF FACT,CONCLUSIONS OF LAW C�((IEN �IAl V�• AND DECISION&ORDER In the Matter of the Request for Annexation and Zoning,by Bouma USA. Case No(s).H-2020-0042 For the City Council Hearing Date of: June 16, 2020 (Findings on July 7, 2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 16, 2020, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 16, 2020,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 16,2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 16,2020,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 as Title I I 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 § I I-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 June 16,2020, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(COMPASS Charter School East Expansion—FILE#H-2020-0042) - I - Page 276 Meridian City Council Meeting Agenda July 7,2020— Page 324 of 814 Item#18. 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 June 16,2020, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC I I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(COMPASS Charter School East Expansion—FILE#H-2020-0042) -2- Meridian City Council Meeting Agenda July 7,2020— Page 325 of 814 Item#18. 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 June 16,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(COMPASS Charter School East Expansion—FILE#H-2020-0042) -3- Page 278 Meridian City Council Meeting Agenda July 7,2020— Page 326 of 814 Item#18. By action of the City Council at its regular meeting held on the 7th day of July 2020. COUNCIL PRESIDENT TREG BERNT VOTED YEA COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED YEA COUNCIL MEMBER JESSICA PERREAULT VOTED ----- COUNCIL MEMBER LUKE CAVENER VOTED YEA COUNCIL MEMBER JOE BORTON VOTED YEA 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: Dated: 7-7-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(COMPASS Charter School East Expansion—FILE#H-2020-0042) -4- Page 279 Meridian City Council Meeting Agenda July 7,2020— Page 327 of 814 Item#18. Exhibit A STAFF REPORT C> E IDIAN - COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 6/16/2020 Legend DATE: - Project Location TO: Mayor&City Council 01FROM: Joseph Dodson,Associate Planner 208-884-5533 ----`- °' -' - - , 4 Bruce Freckleton,Development Services Manager 208-887-2211 SUBJECT: H-2020-0042 COMPASS Charter School East Expansion LOCATION: 4540 W. Franklin Rd., in the SW '/4 of the SW '/4 of Section 10,Township 3N., ------ -- Range 1 W. I. PROJECT DESCRIPTION • Annexation of 5.15 acres of land from RUT in Ada County to the R-15 zoning district to develop the property with additional parking and recreational fields for an existing Education Institution. • Modification to the existing Development Agreement(Inst. #2018-079763)to incorporate the subject property and revise the concept plan based on the proposed expansion of the Education Institution. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 5.15 acres Future Land Use Designation Medium-High Density Residential Existing Land Use Rural residential/agricultural(one single-family home) Proposed Land Use(s) Expansion of existing Education Institution Current Zoning RUT in Ada County Proposed Zoning R-15 Lots(#and type;bldg/common) 1 lot Amenities N/A Physical Features(waterways, None known hazards,flood plain,hillside) Neighborhood meeting date;#of February 10,2020; 9 attendees. attendees: Page 1 — Page 280 Meridian City Council Meeting Agenda July 7,2020— Page 328 of 814 Item#18. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) No • Requires ACHD No Commission Action (yes/no) Access(Arterial/Collectors/State Existing access to Franklin Rd.will be closed;Access to Hwy/Local)(Existing and Proposed) proposed parking area will be off of collector street extension, W.Aviator St. Stub Street/Interconnectivity/Cross There will pedestrian connection between the proposed Access parking area and the school directly to the west;no vehicular connection beyond access to W.Aviator St. See staff analysis below for further information. Existing Road Network W.Franklin Road is built to its ultimate configuration. 5- travel lanes,bike lanes,curb,gutter and detached sidewalk. Existing Arterial Sidewalks/ There is existing detached sidewalk but no landscape buffer Buffers from the existing residence to Franklin Rd.A landscape buffer is required and shown on the landscape plans. C. Project Area Maps Future Land Use Map Aerial Map Lz:Jm��� � �� Legend jIff 0 Legend i Project Location D2r1__-_, Project Location i � sdential MUTC. - Med`High Density Gene ral Residential - A- i Industrial, Mixed High Density � ._. Employmenf Residential i MU-Res .. Low Density-Employment MU-Corn , Zoning Map Planned Development Map �- Page 2 — Page 281 Meridian City Council Meeting Agenda July 7,2020— Page 329 of 814 Item#18. Legend � � (� Legend - 0 Project Location \ Project Location R-1-1 L J City LimitsEH Rl Planned Parcels ----------- M-E C-G ----- R�1 ; Ml Ml R1� r LC2 L-77RUT Ml R-8 R-8 R-40' C-C , WE TN-C C-C _ III. APPLICANT INFORMATION A. Applicant/Representative: Paul Bierlein,Bouma USA—445 Pettis, Suite 201,Ada, MI 49301 B. Owner/Developer: Stephen Janoushek—4540 W. Franklin Road,Meridian,ID 83642 C. Contact: Bouma USA—445 Pettis, Suite 201, Ada, MI 49301 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published 5/l/2020 5/29/2020 Radius notification mailed to properties within 300 feet 4/28/2020 5/26/2020 Public hearing notice sign posted 5/6/2020 6/4/2020 Nextdoor posting 4/28/2020 5/27/2020 V. STAFF ANALYSIS The land proposed to be annexed is designated on the Comprehensive Plan Future Land Use Map (FLUM) as Medium High Density Residential(MHDR). This designation allows for a mix of dwelling types including townhouses, condominiums, and apartments. Residential gross densities should range from eight to twelve dwelling units per acre. These areas are relatively compact within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful Page 3 Page 282 Meridian City Council Meeting Agenda July 7,2020— Page 330 of 814 Item#18. site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and a project identity. The Applicant is requesting annexation with a zoning designation of R-15,which is an allowed zoning district under the MHDR future land use designation. This development is not proposed as a residential project but instead an extension of the COMPASS Charter School, defined as an Education Institution in our Unified Development Code(UDC). An Education Institution is a principally permitted use in the R-15 zoning district. There are no buildings proposed with this annexation and zoning, only a proposed parking lot for additional parking and a sports field for the students. The parking lot and additional 88 spaces is a requirement for the recently approved classroom expansion at the existing school site directly to the west of the subject site. A condition of approval in the approved CZC and Design Review for that building expansion was related to this annexation and the proposed parking lot(A-2020-0008). A legal description for the annexation area is included in Section VILA of this staff report. Currently,the existing development agreement(DA)on site shows additional parking and a conceptual sports field on the parcel directly to the north of this site and across W.Aviator St. Since the original annexation and development of the COMPASS Charter School,the Applicant's desired location for the additional parking and sports field has changed. Citing potential safety issues of children and staff crossing W. Aviator and the costs of installing a signal from that northern parcel to the main school site,the Applicant has decided to move these development items to this subject site. Because this concept plan is not in line with the approved plan within the existing DA, a modification to that DA is required and any additional DA provisions are in Section VIII.A1 of this staff report. Staff believes that this new concept plan will offer better integration of the sports field into the existing school site and help eliminate the need of children to cross a street from the parking area to get to school. The proposed use of Education Institution requires a 25-foot land use buffer to residential uses, landscaped per the standards in UDC 11-313-9. The submitted landscape plan shows compliance with this requirement along its eastern boundary except for the area directly abutting the proposed parking lot. In order to fit the required number of spaces in this area,the dimensions of the parking area push into the 25-foot buffer. Because of this,the Applicant is requesting a modification to the buffer size by City Council, only for this area abutting the parking lot. Staff supports this request as the submitted landscape plan shows a landscape buffer of at least 15 feet with landscaping. If this were to be labeled as only a parking lot instead of an Education Institution,UDC standards would only require a 5-foot landscape buffer. The Applicant's landscape plan shows extensive landscaping and a 6-foot vinyl privacy fence along the entire eastern boundary of the site, including that area along the parking lot. Staff finds the proposed landscaping to be greater than or equal to the required 25-foot buffer. VI. DECISION A. Staff: Staff recommends approval of the Applicant's request for annexation&zoning and a modification to their existing Development Agreement with the conditions of approval in Section VIII per the Findings in Section IX of this staff report. B. The Meridian Planning&Zonina Commission heard these items on May 21, 2020. At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning requests. 1. Summary of Commission public hearing_ a. In favor: Paul Bierlein,Bouma USA—Applicant representative Page 4 Page 283 Meridian City Council Meeting Agenda July 7,2020— Page 331 of 814 Item#18. b. In opposition:None c. Commenting: Paul Bierlein, Bouma USA d. Written testimony: None e. Staff presenting application: Joseph Dodson f Other Staff commenting on application: Bill Parsons;Andrea Pogue 2. Key issue(s) testimony a. None 3. Key issues)of discussion by Commission: a. Applicant's request to modify condition within the staff report regarding future access to Franklin Road if subject parcel were to ever be subdivided. b. Applicability of condition of approval to construct the full street section for the extension of W. Aviator St. 4. Commission change(s)to Staff recommendation: a. Revise condition of approval VIII.A.4 to reflect relaxed language regarding access to Franklin Road. 5. Outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard these items on June 16,2020.At the public hearing.the Council moved to approve the subiect Annexation and Zoning request. 1. Summary of the City Council public hearing: a. In favor: Bill Hadlock,Paradigm Design _project engineer;Norm Varin,COMPASS Board Chair b. In opposition: None c. Commenting: Bill Hadlock;Norm Varin. d. Written testimony:None e. Staff presenting application: Joseph Dodson 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. Clarify plans for future development of the subject site. 4. City, Council change(s)to Commission recommendation: a. Strike out provision from existing DA.provision"e."regarding lot consolidation as it has been satisfied with previous applications. Page 5 Page 284 Meridian City Council Meeting Agenda July 7,2020— Page 332 of 814 Item#18. VII. EXHIBITS A. Annexation&Zoning Legal Description and Exhibit FOX HMH LAND SURVEYS engineering 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 1 West,Boise Meridian,Ada County,Idaho,being all that property granted under PERSONAL REPRESENTATIVES CORRECTION DEED Instrument No.108011815 together with existing Ada County Highway District Right-of-Way more particularly described as follows. COMMENCING at the Corner of Sections 9,10,15&16 the intersection of W.Franklin Road and N.Black Cat Road,from which the Quarter Corner to Sections 10 and 15 South 89°1s'37"East,2640.52 feet; Thence along said line Section line common to Sections 10 and 15,South 89'15'37"East,908.47 feet to the POINT OF BEGINNING; Thence leaving said Section line,North 00'35'11"East,1087.87 feet to a found 1J2"Iron Pin with no cap,set plastic cap marked"FLSI PL57612"; Thence North 89'15'44"West,205.90 feet to a found 5/8"Iron Pin with plastic cap marked"FLSI PL512646"; Thence South 00'36'41"West,1087.85 feet to the Section line common to said Sections 10 and 15; Thence along said Section line,South 89°15'37"East,206.37 feet to the POINT OF BEGINNING. Containing 224,249 square feet or 5.148 acres,more or less. Refer to the accompanying"Exhibit B Annexation 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: TimothyS.Fox,PLS Senior Project Manager R,.VROSECTS12020)S20009 PARADIGM\S20009-04 COMPASS CIrTR EASTIIMII DOCSMESCRIPTIONSLS20009-04 ANNE ng 680 5.Progress Ave.,Suite#213• Meridian,Idaho 83842•Tel:208-342-7957•Web:hmh-llc.com Equal Opportunity Employer — Page 6 Page 285 Meridian City Council Meeting Agenda July 7,2020— Page 333 of 814 Item#18. EXHIBIT B ANNEXATION SKETCH 77 a 1 OR zoo SCALE: 1"=200' RM R N89'15'44"W — 205.90' 3 II Q � 00 o c I r o LLI U io in rn t o I � F Fc:) z 1 I + I I I I 1 I I I I I Point of Beginning 908.47' _ _ _ O — F 10 16-15 S89°15'37"E 2640.62' — W. FI2ATgT<_L TN ROAD Rvv Basis of Bearings_ 15 S89°15'37"E 206,37' LAty� LEGEND c3��N BOUNDARY jS7ER p G — — — SECTION o RECORD BOUNDARY a R= RIGHT-OF-WAY TI EIDETAIL y''Z 0 O N O SURVEY MONUMENTS ffF of A CALCULATION POINT ArNY F FOX LAND SURVEYS SK009-N Sketch.dwg (208)342-7957 Page 7 Page 286 Meridian City Council Meeting Agenda July 7,2020— Page 334 of 814 Item#18. B. Existing Development Agreement Provisions 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", 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 steal l 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 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. — Page 8 — Page 287 Meridian City Council Meeting Agenda July 7,2020— Page 335 of 814 Item#18. C. Concept Plan to replace existing(Development Agreement Modification) II IS b I A aA =� alll A io s m nF r , I I _ J 10 i --- _ j t -I rF �M t a E� o a 15 �f COry rRu [14CO MPASS EASTPARCEL Bou� EP,o 0 m USA Page 9 — Page 288 Meridian City Council Meeting Agenda July 7,2020— Page 336 of 814 Item#18. D. Landscape Plans zo a 5 N ' a IF- 2E cn me aa� IIIILIf. � m Q 9 2 m N ,............ R' ..... F i - I :............................. i r�u u,uoscn.nuunnnnaemRaiaenrsms unwRran = g_ F a_mV -OFFS�P[IIt�FO� FRnnnIMPtKo —_ K n� z c a a� x vm AO oA lsu on mp n,n„ 3G) M 1 - 1 £ m m Page 10 Page 289 Meridian City Council Meeting Agenda July 7,2020— Page 337 of 814 Item#18. E. Applicant Narrative Compass Charter School East Parcel-Project Narrative Compass Public Charter School is an established K-12 charter school in the City of Meridian. Compass began operating within the City of Meridian in 2005. Compass's initial facility, which currently houses their elementary students, is located on Cherry Lane between Ten Mile and Lander. In August of 2019, Compass moved the secondary(6-12)students to the current school building on the Black Cat Campus. The ownership contact for the property is: Compass Public Charter School Inc. 4667 W.Aviator Street Meridian, ID 83642 Phone: (208)888-5847 Contact: Melly Trudeau Compass Charter Schools is seeking annexation of property located near the intersection of North Black Cat Road and Aviation Street in the City of Meridian with a proposed zoning of R-15. The property consists of a single parcel which is located within the ADA County jurisdictional boundary and is contiguous to the City limits. This property will have an 8-inch water line within Aviator Street which will be extended across this parcel's northern frontage. An existing 12-inch water main and a 36-inch sewer line are in Franklin Road along the property frontage. In March 2020, Compass Public Charter School began constructing their next phase to house their elementary school and combine their campuses.The proposed expansion will build out the overall school site,as originally planned.At the time the original 68,134 sf building was approved, 167 parking spaces were provided, 30 more than what was required by the ordinance in place at the time (1 space per 500 square feet of gross floor area).With the elementary school addition, the square footage of the building will total 101,377 sf,requiring 253 parking spaces(1 space per 400 square feet of gross floor area),which would require the addition of 86 spaces to the campus. The construction of the parking on this project will replace the Alternative of Compliance requirements granted as part of the Compass Expansion project(A-2020-0008). The original master plan which was included in the Development Agreement intended to provide additional parking on the property the school owns on the north side of Aviator Street.There were concerns with pedestrians crossing a public street (Aviator) to access the school site. This concern grows as development continues in the area and as Aviator gets extended to the east. Summary of Applications/Rectuests The Compass Charter School East Parcel site plan design will provide 88 parking spaces and future play fields on 5.148 acres.The applicant is requesting the following approvals- • Annexation/Zoning • Development Agreement Modification to reflect relocating the additional parking from the north parcel to this east parcel. • Request for a Council waiver to reduce the landscape buffer along east property line A pre-application meeting was held with the City of Meridian Planning and Development staff on February 6, 2020. A neighborhood meeting was held on March 10, 2020 at Compass Public Page 11 Page 290 Meridian City Council Meeting Agenda July 7,2020— Page 338 of 814 Item#18. Charter School,4667 VV.Aviator Street, Meridian, ID 83642. There was no opposition from the neighbors who attended. Annexation Compass Charter School is requesting the following parcel identified below be annexed into the City of Meridian. PROPERTY FOR ANNEXATION APPLICATION Parcel Address Current Zone Proposed Zone S1210336403 4540 W. Franklin Road RUT R-15 Ada County Assessor .� Legend - nsnnca,..ic ae,d.tamaa-earo I _ arks 'I are u '� ❑ 1 MUM. l `g ❑ sow. 4 0.14 Mlles Yap Scale: 7,7MAO ]1Ptlk029 Development Agreement Modification As there has been a change in the Master Concept Plan to relocate the parking, it is necessary to revise the Development Agreement approved at City Council on August 16,2018,recorded at the Ada County Recorder's office on August 22, 2018 as Instrument No. 2018-079763. By developing this site immediately adjacentto their existing school,they can create a more cohesive campus-Accompanying this submittal is a revised Concept Plan that includes the existing school and proposed improvements. Page 12 Page 291 Meridian City Council Meeting Agenda July 7,2020— Page 339 of 814 Item#18. Request for a Council waiver The City of Meridian requires a 25-foot landscape buffer adjacent to residential uses according to their Unified Development Code. Given the narrowness of the parcel, the proposed parking lot geometry overlaps this landscape buffer.Compass Charter Schools is proposing to provide a 6- foot tall solid fence and landscaping along the east property which is an equal to or better than option. The ability to utilize a fencing selection rather than vegetation has been discussed with the property owner and they support this requested waiver. We are requesting a City Council waiver for a reduction landscape buffer along the proposed parking lot limits. Summary Wth continued growth of our campus,we look forward to working with the City of Meridian on this next step. We are respectfully asking for approval of this application for Annexation, and Development Agreement Modification and Council Waiver for Landscape Buffer Requirements. Page 13 Page 292 Meridian City Council Meeting Agenda July 7,2020— Page 340 of 814 Item#18. VIII. CITY/AGENCY COMMENTS A. PLANNING DIVISION 1. Within six(6)months of Council's approval of the Annexation Findings and prior to submittal of a certificate of zoning compliance(CZC),the owner shall sign and obtain Council approval of the amended development agreement that includes an updated development plan as shown in Section VII.0 and includes the following additional provisions: a. The applicant shall generally comply with the submitted concept plan and landscape plan attached as Exhibit VII. C and D. Any future development on the southern portion of this property shall require an amendment to this DA and be subdivided in accord with UDC 11-6B. b. If the southern parcel is developed, cross-access agreements will be required to the adjacent parcels to the east and west in accord with UDC 11-3A-3A(parcel numbers S1210336377 & S1210336450). c. Upon Council approval,the landscape buffer along the eastern property boundary abutting the proposed parking lot shall have a width of no less than 15-feet from the property line and be landscaped in accordance with UDC 11-313-9. d. This provision is being added to this addendum from DA Inst.#2018-079763 in order to be stricken as Mproved by City Council -Frio.to submitting an plieation f v ,.dust,, e t; order-t eenselidate too 2. The Applicant shall extend W.Aviator St. to the eastern boundary of the subject site as a complete 36-foot street section with vertical curb, gutter, and-75-foot wide detached concrete sidewalk on both sides of the roadway. 3. The Applicant shall construct the required offset temporary turnaround at the terminus of W. Aviator St. with a minimum turning radius of 45-feet. 4. The Applicant shall close the existing driveway connections to W.Franklin Rd. with landscaping as depicted on the concept plan with the expansion of the parking lot and play fields as depieted on the oa , ept plan; a;-eet lot, o s t W F-a*k is Rea ; and that future access from Franklin Road will be reviewed and approved with any future subdivision in accordance with UDC 11-3A-3. B. ADA COUNTY HIGHWAY DISTRICT(ACHD) 04y a 19refiniinway,staff report has been subniioed to staff at this finie. https:llweblink.meridianciV.orglWebLink/DocView.aspx?id=188561&dbid=0&repo=MeridianC fty C. CENTRAL DISTRICT HEALTH(CDH) https://weblink.meridianciU.org/WebLink/DocView.aspx?id=18742 1&dbid=0&repo=Meridian C Ly D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancio!.org/WebLink/DocView.aspx?id=187163&dbid=0&r0o=MeridianC iu Page 14 — Page 293 Meridian City Council Meeting Agenda July 7,2020— Page 341 of 814 Item#18. E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:Ilweblink.meridianciU.org/WebLink/DocView.aspx?id=187151&dbid=O&repo=Meridian C Lty 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; Council finds annexation of the subject site with an R-15 zoning designation is consistent with the Comprehensive Plan MHDR FL UM designation for this property(see Section V for more information). 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that a map amendment to the R-15 zoning district is consistent with the purpose statement for the residential districts in UDC 11-2A-1 and the proposed use of Public Education Institution will contribute to an array of uses in a growing area of the City, consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; 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 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. Council finds the proposed annexation is in the best interest of the City. Page 15 — Page 294 Meridian City Council Meeting Agenda July 7,2020— Page 342 of 814