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CZC - A-2020-0157-CZC Staff Report Page 1 DATE: 8/25/2020 TO: Dwayne Johnson Henrickson Architecture FROM: Alan Tiefenbach, Associate Planner 208-884-5533 SUBJECT: A-2020-0157 Gem Innovation School LOCATION: The site is located at 5390 N. McDermott Rd, approximately ¼ mile north of the W. McMillan Rd / N. McDermott Rd intersection, in the SW ¼ of Section 28, Township 4N., Range 1W. I. PROJECT DESCRIPTION Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) to develop a 42,408 SF 1-story college preparatory school for grades K-12. Enrollment estimate is approximately 600 children. The applicant is Gem Innovation Schools. It should be noted that Gem Way, an internal road which will eventually connect to the residential subdivision to the north, is not being completed to the property line per a request from ACHD. ACHD has requested the applicant construct a portion of the road and pay money into a “road trust.” ACHD will provide this money to the developer of the property to the north (presently Toll Brothers) to complete and connect to this road in the future. II. DECISION The applicant's request for Certificate of Zoning Compliance and Administrative Design Review is approved with the conditions listed in this report. Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to verify if you need a building permit and/or inspection. If you do need a building permit, you must complete that process before you commence the use or construction. Please contact Building Services for additional details about building permits and inspections. Site Specific Conditions of Approval 1. The applicant shall dedicate right-of-way for Gem Way to ACHD and construct it to approximately 170’ north of the N. McDermott Rd access as indicated on the site plan. The applicant shall pay an agreed upon amount to ACHD to be placed in a road trust. ACHD will CERTIFICATE OF ZONING COMPLIANCE REPORT COMMUNITY DEVELOPMENT DEPARTMENT Page 2 provide this money to the property owner to the north (presently Toll Brothers) to complete this portion of the road and connect to the Oaks North. 2. The applicant shall comply with all ACHD conditions in regard to dedication and construction of W. McMillan Rd. improvements. 3. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 4. Prior to issuance of Certificate of Occupancy, the applicant shall remove or relocate any existing structures that do not conform to setbacks and/or use in the zone. 5. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 6. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 7. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 8. The site plan prepared by Bouma USA on August 18, 2020, labeled “Overall Site Layout”, is approved by the City of Meridian Planning Division as shown in Exhibit A. 9. The landscape plan prepared by Cutting Edge Landscape on August 18, 2020, labeled ”Landscape Plan”, is approved by the City of Meridian Planning Division as shown in Exhibit B. 10. The elevations prepared by Henrickson Architecture and Planning on August 19, 2020, labeled “Exterior Elevations”, are approved by the City of Meridian Planning Division as shown in Exhibit C. 11. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 12. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 13. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Division for approval prior to issuance of the building permit. 14. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. 15. Prior to Certificate of Occupancy, the applicant shall submit a public access easement for the multi-use pathway(s) to the Park's Department for approval by City Council and subsequent recordation. 16. Prior to Certificate of Occupancy, the applicant shall dedicate right-of-way for future Gem Way and submit copy of said right-of-way dedication to the Planning Division in accord with the provisions of UDC 11-3A-3A2. 17. The City of Meridian requires that the owner enter into a Warranty Surety Agreement and post a Warranty Surety in the amount of 20% of the total construction cost for all completed public sewer and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond, and must be in place prior to Certificate of Occupancy. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Services for more information at 208-887-2211. 18. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights Page 3 shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. General Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 2. The applicant shall comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ H-2020-0043 and DA XXXXX). 4. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 5. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 6. The applicant shall have an ongoing obligation to maintain all pathways. 7. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 8. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 9. The applicant and/or assigns shall have the continuing obligation to meet the specific use standards for the proposed use as set forth in UDC 11-4-3-14. III. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Division on or before September 9, 2020, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11-5A-6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. IV. EXPIRATION The Certificate of Zoning Compliance shall expire if the construction, alteration or the use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until August 25, 2021. V. EXHIBITS Page 4 A. Site Plan (date: 6/22/2020) B. Landscape Plan (date: 8/18/2020) Page 5 C. Building Elevations (date: 8/19/2020)