Cole Valley Christian School MDA H-2024-0002 CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI
DIAN
AND DECISION& ORDER
In the Matter of the Request for a Six(6)Month Time Extension for the Property Owner to Sign
and Return the Development Agreement to the City for Cole Valley Christian School(H-2023-
0011),by LKV Architects.
Case No(s). H-2024-0002
For the City Council Hearing Date of: March 26,2024 (Findings on March 26,2024)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of March 26, 2024, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of March 26,2024, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 26,2024,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of March 26,2024,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 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR COLE VALLEY CHRISTIAN SCHOOL MDA H-2024-0002
- 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of March 26,2024, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § I I-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 6-month time extension to sign and return the development
agreement to the City is hereby approved in accord with the Staff Report for the hearing date of
March 26,2024, 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 67-651 IA. 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. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of March 26, 2024
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR COLE VALLEY CHRISTIAN SCHOOL MDA H-2024-0002
-2-
By action of the City Council at its regular meeting held on the day of ,
2024.
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LIZ STRADER VOTED
COUNCIL MEMBER DOUG TAYLOR VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOHN OVERTON VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert Simison
Attest:
Chris Johnson
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated:
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR COLE VALLEY CHRISTIAN SCHOOL MDA H-2024-0002
-3-
EXHIBIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT D A H O
HEARING March 26,2024 IMF
DATE:
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner
208-884-5533
SUBJECT: H-2024-0002
Cole Valley Christian School—MDA
LOCATION: 7080 W.McMillan Rd.,in the NE 1/4 of :.: .
Section 29,Township 4N.,Range 1 W.
(Parcel#S0429427800) -
r
I. PROJECT DESCRIPTION
Request for a 6-month time extension for the property owner to sign the development agreement required
with H-2023-0011 for Cole Valley Christian School.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 71.28-acre
Future Land Use Designation Medium Density Residenital(MDR)with a school designation
Existing Land Use Agricultural
Proposed Land Use(s Private education institution for pre-K through 12th grades
Current Zoning RUT in Ada County '
Proposed Zoning R-15 (Medium-High Density Residential)
Physical Features(waterways, None I
hazards,flood plain,hillside)
Neighborhood meeting date 1/17/24
History(previous approvals) ROS#2713 (1993)and ROS#14284(2024)
Pagel
III. APPLICANT INFORMATION
A. Applicant:
Amber Van Ocker,LKV Architects—2400 E. Riverwalk,Boise, ID 83706
B. Owner:
Cole Valley Christian Schools 200 E. Carlton Ave., Meridian,ID 83642
C. Representative:
Same as Applicant
IV. NOTICING
City Council
Posting Date
Newspaper notification
published in newspaper 3/10/24
Radius notification mailed to
property owners within 300 feet 3/1/24
Public hearing notice sign posted
o 3/13/24
n site
Nextdoor posting 3/4/24
V. STAFF ANALYSIS
The Findings of Fact, Conclusions of Law and Decision and Order associated with annexation(H-2023-
0011) of the subject property were approved by City Council on July 25,2023. The UDC(11-5B-3F)
requires the Development Agreement(DA)associated with the annexation to be signed by the property
owner(s) and returned to the City within six(6)months of the City Council granting the annexation. A
modification to the DA may be initiated prior to the end of the six(6)month period to extend the time
allowed for the agreement to be signed.
The Applicant submitted the subject request for a 6-month time extension for the property owner to sign the
development agreement prior to the end of the six(6)months as required.
The reason for the delay in signing the agreement is that a provision of the annexation required the Applicant
to obtain final approval of the property boundary adjustment(Project#202300414-PBA)from Ada County
prior to City Council approval of the Annexation Ordinance. The property boundary adjustment was
approved by Ada County on March 7,2024(ROS#14284)and the DA has been signed by the property
owner and returned to the City. City Council approval of the subject modification for a time extension is
needed in order for City Council to approve the associated DA(and addendum for a time extension)and the
annexation ordinance.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed modification to the Development Agreement to extend the
period of time in which the DA can be signed and returned to the City for six(6)months.
Page 2