Gem Prep South CZC, DES A-2021-0111CERTIFICATE OF ZONING
COMPLIANCE REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: 7/16/2021
TO: Elias Felix
Paradigm Design
FROM: Stacy Hersh, Assistant Planner
208-884-5533
SUBJECT: A-2021-0111
Gem Prep South CZC, DES
LOCATION: 1925 E. Lake Hazel Road
I. PROJECT DESCRIPTION
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The applicant, Elias Felix, requests Certificate of Zoning Compliance (CZC) and Administrative
Design Review (DES) approval to construct a 45,000 square foot 2-story GEM Prep Public
Charter School for grades K-12 on 5.95 acres of land in the C-C zoning district.
NOTE: The proposed school is completely surrounded by public streets and cannot comply
with UDC 11-3A-19.B.C, for properties greater than two (2) acres in size, no more than fifty
(50) percent of the total off street parking area for the site shall be located between building
facades and abutting streets. The site was approved with a Conditional Use Permit (H-2021-
0020) and provides connectivity to the future residential homes to the south, north, northwest,
and Discovery Park (77-acre public park) to the east. The school meets the Specific Use
Standards for an education Institution as set forth in UDC 11-4-3-14 (location criteria for
elementary schools). "Elementary schools to be located within the center of neighborhoods with
access encouraged from local streets. Elementary school locations adjacent to public parks or
open space are encouraged. At least thirty (30) percent of the perimeter of an elementary school
site should be open to streets or open space areas." Staff finds that requiring alternative
compliance to UDC 11-3A-19.B.C. is unnecessary.
II. DECISION
The applicant's request for Certificate of Zoning Compliance and Administrative Design Review are
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.
Page 1
Site Specific Conditions of Approval
1. 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.
2. Street buffer landscaping and walkways are required with the subdivision improvements
for Apex Southeast Subdivision No. 1; however, if this site develops first, it will be
responsible to construct and install all these improvements.
3. Per Council's approval, the applicant shall comply with the Williams Developer's
Handbook in regards to the 75-foot Williams gas pipeline easement that bisects the site.
4. All ground -level mechanical equipment must be screened to the height of the unit as viewed
from the property line; all rooftop mechanical equipment must be screened as viewed from
the farthest edge of the adjoining right-of-way.
5. The applicant shall provide a 20-foot easement all the way to the fire hydrant; fire hydrant
line and storm drain do not have the proper separation, storm drain line that is within 10-6
feet of the fire line should be constructed with potable -water class pipe and meet all other
code standards.
6. 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.
7. 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.
8. 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.
9. The site plan prepared by Paradigm Design on March 29, 2021, labeled C-102-S, C-203-S, and
C-1040-S, are approved by the City of Meridian Planning Division as shown in Exhibit A.
10. The landscape plan prepared by Cutting Edge Landscape on July 14, 2021, labeled L-1 and L-2,
are approved by the City of Meridian Planning Division as shown in Exhibit B with the following
conditions:
➢ The applicant shall replace the chain link fence depicted on the plan labeled "L-1" with
a vinyl fence as shown on the plan labeled "L-2".
➢ The applicant shall provide a detail of the bicycle rack per UDC 11-3C-5.C.
The changes noted above shall be incorporated on the plans submitted with the building
permit application.
11. The elevations prepared by Henrickson Architecture + Planning on May 12, 2021, labeled A200,
A201, and A202, are approved by the City of Meridian Planning Division as shown in Exhibit C.
12. The approved site plan, landscape plan and/or elevations may not be altered without prior written
approval of the City of Meridian Planning Division.
13. The applicant shall pay any applicable impact fees prior to the issuance of a building permit.
14. 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.
15. 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.
16. If the subject property is part of a final plat that has not yet recorded, the applicant shall be
responsible for all plat improvements prior to release of Certificate of Occupancy for the
first structure within such plat.
Page 2
17. 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.
18. 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.
19. 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
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 11-313-5, UDC 11-313-13 and UDC 11-313-14.
2. The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site (H-2020-0066, MDA #2020-178120; H-2020-0057; FP-2020-
0013; CUP H-2021-0020).
3. The issuance of this CZC does not release the applicant from any previous requirements of the
other permits issued for the site.
4. 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.
5. The applicant shall have an ongoing obligation to maintain all pathways.
6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
7. 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.
8. The applicant and/or assigns shall have the continuing obligation to meet the specific use
standards for an education institution 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 July 31, 2021,
within fifteen (15) days after the written decision is issued, and contain the information listed in UDC
11-5A-6B.
Page 3
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 July
16, 2022.
Page 4
V. EXHIBITS
A. Site Plan (date: 3/29/2021)
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