Cole Valley Christian H-2023-0011 ADA COUNTY RECORDER Trent Tripple 2024-015929
BOISE IDAHO Pgs=51 CHE FOWLER 03/28/2024 01:25 PM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Cole Valley Christian Schools,Inc.,Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this
day of _,2024,by and between City of Meridian,a municipal corporation
of the State of Idaho, herea er called CITY, whose address is 33 E. Broadway Avenue, Meridian,
Idaho 83642, and Cole Valley Christian Schools, Inc., whose address is 200 E. Carlton Avenue,
Meridian,ID, 83642,hereinafter called O ER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS,Owner is the sale 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 Cade § 67-651 IA provides that cities may,by ordinance,
require or permit as a condition of zoning that the Owner 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 11-5$-3 of the Unified Development Code("UDC"),which authorizes
development agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developer has submitted an application for annexation
and zoning of 71.28 acres of land with a request for the R-15 (Medium High-
Density Residential) zoning district on the property as shown in 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, Owner/Developer made representations at the public hearings
before Planning and Zoning Commission and the Meridian City Council as to
i
how the Property will be developed and what improvements will be made;and
1.6 WHEREAS, the record of the proceedings for requested annexation and
zoning held before Planning and Zoning Commission and 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, City Council has approved the aforementioned application for
annexation and zoning of that certain tract of land described in Exhibit "A"
with an R-8 (Medium-Density Residential)zoning district designation;and,
DEVELOPMENT AGREEMENT-COLE VALLEY CIRUSTIAN SCHOOL(H-2023-001 1) PAGE l OF 8
1 . 8 WHEREAS, on the 251b day of July, 2023 , 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 . 9 WHEREAS , the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1 . 10 WHEREAS, Owner/Developer deem 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 . 11 WHEREAS , City requires the Owner/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 is in accordance
with the amended Comprehensive Plan of the City of Meridian on December
19 , 2019 , Resolution No . 19-2179 , 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 . l 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 OWNER/DEVELOPER: means and refers to Cole Valley Christian
Schools , Inc. , whose address is 200 E . Carlton Avenue, Meridian, Idaho,
83642, hereinafter called OWNER/DEVELOPER, the party that owns and is
developing said Property and shall include any subsequent
owner(s)/developer(s) of the Property.
3 . 3 PROPERTY : means and refers to that certain parcel (s) of Property located
in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel
to bound by this Development Agreement and attached hereto and by this
reference incorporated herein as if set forth at length .
DEVELOPMENT AGREEMENT - COLS VALLEY CHRISTIAN SCHOOL (H-202MOI 1 ) PAGE 2 OF 8
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 . Owner/Developer shall develop the Property in accordance with the following
special conditions .
a . Future development shall be generally consistent with the site plan, landscape
plan, phasing plan and conceptual building elevations included in Section
VIII of the Staff Report attached to the Findings of Fact and Conclusions of
Law attached hereto as Exhibit "B" and the provisions contained herein .
b . Future development of this site shall incorporate design elements consistent
with the "modem rural" design theme outlined in the Fields Sub-Area Plan as
discussed in Section V and proposed with this application .
(Note: City Council approved the Applicant 's request to construct black
coated chain-link fencing along the west, north and east property
boundaries; the Applicant is not required to construct the split rail fence along
McMillan Rd. if they choose not to)
c . The McMillan Rd. improvements and the extension of Owyhee Storm Ave .
and Ersatz Rd. to the northern boundary of the parcel shall be completed with
the second phase of development at the width/street section required by the
Ada County Highway District prior to issuance of Certificate of Occupancy
for the high school building.
d . All detached sidewalks, multi-use pathways and street buffers along public
streets (i . e . , McMillan Rd . , Owyhee Storm Ave. and Ersatz Rd.) shall be
constructed by the Applicant, unless already constructed by ITD , prior to
issuance of the Certificate of Occupancy for the high school building.
(Note: A multi-use pathway is also required along the east side of Ersatz
Road, which will be required with construction of the eastern portion of the
street section by the developer of the adjacent property)
e . Compliance with the City noise ordinance (MCC 6-3 -6) is required.
f. If the 23 .4-acre portion of the site (5 -acre portion at southeast corner and 18 . 4 -
acre portion at the north end) develops in the future with a use(s) other than an
education institution and associated accessory uses, an amendment to the
Development Agreement is required to include an updated development plan .
g . Direct access via W . McMillan Rd. is prohibited.
DEVELOPMENT AGREEMENT - COLE VALLEY CHRISTIAN SCHOOL (H-202M011 ) PAGE 3 OF 8
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. In the event Owner/Developer, or Owner/Developer' s heirs, successors,
assigns , or subsequent owners of the Property or any other person acquiring an
interest in the Property, fail to faithfully comply with all of the terms and conditions
included in this Agreement in connection with the Property, this Agreement may be
terminated by the City upon compliance with the requirements of the Zoning
Ordinance .
7 .2 Notice and Cure Period . In the event of Owner/Developer' s default of this
agreement, Owner/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 Owner/Developer that is not cured after notice
from City as described in Section 7 .2, City shall , upon satisfaction of the notice and
hearing procedures set forth in Idaho Code section 67 -651 IA, have the right, but not
a duty, to de-annex all or a portion of the Property, reverse the zoning designations
described herein, and ternimate City services to the de-annexed Property, including
water service and/or sewer service. Further, City shall have the right to file an action
at law or in equity to enforce the provisions of this Agreement. Because the covenants,
agreements, conditions , and obligations contained herein are unique to the Property
and integral to City ' s decision to annex and/or re-zone the Property, City and
Owner/Developer stipulate that specific performance is an appropriate, but not
exclusive, remedy in the event of default . Owner/Developer reserves all rights to
contest whether a default has occurred .
7 .4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall
be governed by and construed in accordance with the laws of the State of Idaho ,
including all matters of construction, validity, performance, and enforcement. Any
action brought by any party hereto shall be brought within Ada County, Idaho .
7 . 5 Delay . In the event the performance of any covenant to be performed hereunder by
either Owner/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 . 6 Waiver. A waiver by City of any default by Owner/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 .
DEVELOPMENT AGREEMENT - COLS VALLEY CHRISTIAN SCHOOL (H-2023 -o011 ) PAGE 4 OF 8
8 . INSPECTION : Owner/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 Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the rezoning 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 .
i
lie 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 Owner/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 Owner/Developer to the City in accordance with
Paragraph 11 above.
13 . ABIDE BY ALL CITY ORDINANCES : That Owner/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
OWNER/DEVELOPER:
Cole Valley Christian Schools, Inc.
200 E. Carlton Ave .
Meridian, ID 83642
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 .
DEVBLOPMENT AGREEMENT - COLE VALLEY CHRISTIAN SCHOOL (H-2023 -0011 ) PAGE 5 OF 8
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 .
IT 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 Owner/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 Owner 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 Owner 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 . REMOVED PROPERTY : The City is hereby authorized, in its sole discretion, to
remove a portion of the Property ("Removed Property") from this Agreement at any time, provided
that the City and the owner of the Removed Property concurrently enter into a modified development
agreement governing the development and use of the Removed Property. The remaining portion of
the Property, which has not been removed from this Agreement as described above, shall continue to
be bound by the terms of this Agreement.
21 . 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.
22 . FINAL AGREEMENT : This Agreement sets forth all promises, inducements ,
agreements, condition and understandings between Owner/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 Owner/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.
DEVELOPMENT AGREEMENT - COLE VALLEY CHRISTIAN SCHOOL (H-2023 -0011 ) PAGE 6 OF 8
22 , 1 No condition governing the uses and/or conditions governing rezoning 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.
23 . 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; acknowledgements , signatures and Exhibits A and B follow]
I
i
DEVELOPMENT AGREEMENT - COLE VALLEY CHRISTIAN SCHOOL (H-2023 -0011 ) PAGE 7 OF 8
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
Cole Valley Christian Schools,Inc.
By:
STATE OF IDAHO )
ss:
County of Ada )
On this 2,1 day of 2024,before me,the undersigned,a otary Public in and for said State,
personally appeared �-pM Ee ,known or identified to me to be the��of Cole
Valley Christian Schools,Inc.and the person who signed above and acknowledged to me that they executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
r TABITHA BROOK EPLER T&K1v\
Nota0UbAkI state of Idaho Notary,Public Z—j
Commission Number 20213095 My Commission Expires:
My Commission Expires Jul 7, 2027
CITY OF MERIDIAN ATTEST:
SEAL
By: c
Mayor obert E Simi on Chris John n, City
STATE OF IDAHO )
:ss
County of Ada )
On this261f]day of March , 2024, 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 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,I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
(SEAL) Notary Public for Idaho 8
My Commission Expires: -28-2C128
CHARLENE WAY
COMMISSION No. 67390
NOTARY PUBLIC
STATE OF IDAHO
DEVELOPMENT AGREEMENT— OLE VALLEY HRISTIAN SCHOOL(H-2023-0011) PAGE 8 OF 8
EXHIBIT A
LEGAL DESCRIPTION
THE
� LAND Page 1 OF 1
GROUP
February 1, 2024
Project No , : 121048
EXHIBIT "A"
COLE VALLEY CHRISTIAN SCHOOLS
McMILLAN ROAD PROPERTY
PARCEL A DESCRIPTION
A parcel of land located in the West Half of the Southeast Quarter of Section 29, Township 4 North,
Range 1 West, Boise Meridian, Ada County Idaho, being more particularly described as follows :
Commencing at the Southeast Corner of Section 29 of said Township 4 North , Range 1 West;
Thence North 89022' 00" West, a distance of 2642 . 71 feet on the South line of said Section 29 to the
South Quarter Corner of said Section 29, said point being the POINT OF BEGINNING ;
Thence North 000 51 ' 06" East, a distance of 2630 . 21 feet on the north-south mid-section line of
said Section 29 to the Center Quarter Corner of said Section 29,
Thence South 89 ° 22 ' 35 " East, a distance of 1325 . 02 feet on the east-west mid -section line of
said Section 29 to the Center- East 1/ 16th Corner of said Section 29;
Thence South 000 56' 00 " West, a distance of 2630 . 45 feet on the north -south 1/ 16th Section
line of the Southeast Quarter of said Section 29 to the East 1/16th Corner common to Sections
29 and 32;
Thence North 89 ° 22 ' 00 " West, a distance of 454 . 52 feet on the South line of said Section 29;
Thence North 00 ° 56 ' 00 " East, a distance of 487 . 34 feet;
Thence North 89 ° 43 ' 44 " West, a distance of 774 . 21 feet,
Thence South 00° 16' 16" West, a distance of 21 . 70 feet;
Thence South 000 51 ' 07 " West, a distance of 460 . 74 feet to a point on the South line of said
Section 29 ,
Thence North 890 22 ' 00" West, a distance of 93 .49 feet on said South line of Section 29 to the
POINT OF BEGINNING .
The above described parcel contains 71 . 28 acres more or less .
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EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN*.�'
AND DECISION & ORDER I D A H O
In the Matter of the Request for Annexation and Zoning of 71 .28 -Acres of Land with an R45
(Medium High-Density Residential) Zoning District; and Conditional Use Permit (CUP) for
a Private Education Institution for Pre-kindergarten through 12th Grade on 48 .48-Acres of
Land in the R45 Zoning District, by LKV Architects .
Case No(s) . H=2023A011
For the City Council Hearing Date of: July 11 , 2023 (Findings on July 25, 2023 )
A . Findings of Fact
1 . Hearing Facts (see attached Staff Report for the hearing date of July 11 , 2023 , incorporated by
reference)
2 . Process Facts (see attached Staff Report for the hearing date of July 11 , 2023 , incorporated by
reference)
3 . Application and Property Facts (see attached Staff Report for the hearing date of July 11 , 2023 ,
inco orated b reference
� by reference)
4 . Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of July 11 , 2023 , 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 § I I m5A.
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 - AZ, CUP H-202MO11
- I -
7 . That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of July 11 , 2023 , 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 § 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 & zoning is hereby approved with an R-8 zoning
district, instead of the requested R- 15 zoning district, with the requirement of a Development
Agreement ; and the request for a conditional use permit is hereby approved per the provisions
in the Staff Report for the hearing date of July 11 , 2023 , attached as Exhibit A .
D . Notice of Applicable Time Limits
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 constriction 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) .
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 .
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FOR COLE VALLEY CHRISTIAN SCHOOL - AZ, CUP H-202MO 11
. 2 -
E. Judicial Review
Pursuant to Idaho Code § 67- 6521 ( 1 ) (d) , if this final decision concerns a matter enumerated in Idaho
Code § 67-6521 ( 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 -740 , 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
§ § OO
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 July 11 , 2023
I
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FOR COLE VALLEY CHRISTIAN SCHOOL - AZ, CUP H-2023 -0011
- 3 -
By action of the City Council at its regular meeting held on the 25th day of July
2023 .
COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE
COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE
COUNCIL MEMBER JESSICA PERREAULT VOTED AYE
COUNCIL MEMBER LUKE CAVENER VOTED AYE
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robe imison 7.25 -2023
Attest :
:)A
Chri o son 7 -
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
00�lwkmB Y Dated : 7 -25 -2023
City Clerk ' s Office
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FOR COLE VALLEY CHRISTIAN SCHOOL - AZ, CUP H-2023 -0011
- 4 -
E IDIAN%am-
iDAHO
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING July 11 , 2023 LegendUL
DATE: -
[dI F#Iojec e Loc a =o r
TO : Mayor & City Council — _- � ' � loss
FROM : Sonya Allen, Associate Planner
208 -884-5533 „. r
SUBJECT : Cole Valley Christian School - AZ, i, —
CUP
H-2023-0011 _
LOCATION: 7080 W. McMillan Rd. , in the NE '/a of
Section 29, Township 4N. , Range 1 W.
(Parcel #SO429427800)
I. PROJECT DESCRIPTION
Annexation and Zoning (AZ) of 71 .28 acres of land with an R- 15 (Medium High-Density Residential)
zoning district; and Conditional Use Permit (CUP) for a private education institution for pre-
kindergarten through 12th grade on 48 .48 acres of land in the R45 zoning district.
He SUMMARY OF REPORT
A . Project Summary
Description Details
Acreage 71 .28-acres
Future Land Use Designation Medium Density Residential (MDR) with a school designation
Existing Land Use Agricultural
Proposed Land Use(s) Private education institution for pre-K through 12' grades
Current Zoning RUT in Ada County
Proposed Zoning R- 15 (Medium High-Density Residential)
Phasing Plan 2 phases
Physical Features (waterways, None
hazards flood lain hillside
plain, )
Neighborhood meeting date 2/16/23
History (previous approvals) ROS #2713 ( 1993) . A property boundary adjustment has been tentatively
approved by Ada County but has not yet received final approval.
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C. Representative:
Same as Applicant
IV, NOTICING
Planning & Zoning City Council
Notice Dates Notice Dates
Newspaper Notification 5/3 /2023 06/25/2023
Radius notification mailed to 4/28/2023
properties within 300 feet 06/23/2023
Site Posting Date 5/ 18/2023 6/23/2023
Next Door posting 4/28/2023 06/23/2023
V. COMPREHENSIVE PLAN ANALYSIS
Land Use : This property is designated as Medium Density Residential (MDR) on the Future Land
Use Map (FLUM) contained in the (Comprehensive Plan) . This designation allows for dwelling units
at gross densities of 3 to 8 dwelling units per acre. There is also a school designation on this property,
which indicates a school should be developed in this general area.
The proposed use of the property as a private education institution is consistent with the school
designation depicted on the FLUM. Although dwelling units are typically desired in the MDR
designation, the UDC (Table 11 -2A-2) does allow school uses with approval of a conditional use
permit.
Transportation : The Master Street Map (MSM) depicts a north/south residential collector street
along the west boundary of this site. The Applicant has negotiated a land swap with the property
owner at the southwest corner of this site to obtain the property necessary to complete the extension
of Owyhee Storm Ave . to the school property.
A local street (Ersatz Place Road) is proposed along the east boundary of the site that extends off-site
from McMillan Rd. to the north that will provide access to the properties fronting on future SH- 16 . A
Traffic Impact Study (TIS) was submitted to ITD and ACHD for review of this project.
Design : This property is located within a four-square mile area governed by the Fields Sub Area Plan
located at the northwest corner of the Area of City Impact boundary. This area is bounded by Ustick
Rd. on the south, Can-Ada Rd. on the west, Chinden Blvd./US Highway 20/26 on the north, and
McDermott Rd./SH- 16 on the east.
The Fields area is primarily designated for future residential development, with a mixe&use
community center at the southeast corner of Star and McMillan Roads, and multiple school and park
sites . Interchange and regional mixed-use designations are incorporated along both Ustick Road and
Chinden Boulevard, generally from the SH- 16 extension to Star Road. The southwest corner of the
Subarea has been reserved for expanded industrial and non-residential mixed-use area within the
southwest quadrant, and is aligned with the existing Intermountain Gas Facility, currently located on
Can-Ada Road.
In accord with the Fields Sub -Area Plan, the general character, design and identity of this area should
have a cohesive theme that is "modern rural," which applies to housing, amenities, streetscape/open
space, and retail/commercial . Because the proposed school does not front on W. McMillan Rd. and is
not oriented toward N. Owyhee Storm Ave. and because it' s not residential or retail/commercial, Staff
does not recommend the building is required to have a modern rural design theme . However, some of
the other thematic design elements that contribute to the desired character of the area should
be adhered to such as lighting, fencing (e.g. split rail), landscaping (e.g. tall fescues, dry creek
materials, wildflowers, street trees, etc.) , public art, on-street bike lanes and/or off-street multi-
use pathways, signage (e.g. metal roof on sign), etc. — see the Character Framework — Amenities
(pg. 342) and Streetscape (pg. 343) in the Plan for more information. A high-quality of design
is expected in this area.
In response to the modern rural design theme, the Applicant proposes to develop some of the areas
adjacent to building entrances with dry stream beds with a mix of rock types, boulders and plantings .
In the portions of the site that will not be developed with Phase 1 , a "meadow seed" mix is proposed
to be planted for wild flowers and grass to grow. Detached sidewalks, landscaping and street lights
are proposed along all public streets , which will provide pedestrian connectivity to the school from
adjacent existing and future neighborhoods in the area. A 10400t wide sidewalk/pathway is proposed
along Owyhee Storm Ave. , which should provide a safe off-street route for school children to
bicycle/walk to school; and a 5 -foot wide sidewalk is proposed along McMillan Rd. and Ersatz Place
Rd.
Building materials will consist of a combination of masonry, deep ribbed metal and smooth metal
with large expansions of glazing. The ball fields will be fenced from general use by the public;
however, those areas help preserve the open space and views from adjacent developments and
properties. Fencing and signage designs have not been fully developed yet but the Applicant
anticipates incorporating the "modern rural' design theme in those elements at the perimeter
of the development. Details of such should be submitted prior to the City Council hearing.
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) :
• "Permit new development only where it can be adequately served by critical public facilities
and urban services at the time of final approval, and in accord with any adopted levels of
service for public facilities and services." (3o03 . 0317)
City water service is available and can be extended by the developer with development in
accord with UDC 11 -3A-21 . City sewer service will not be available until the Can-Ada lift
station project is complete at the end of fiscal year 2025.
• "Require urban infrastructure be provided for all new developments, including curb and
gutter, sidewalks, water and sewer utilities ." (3 .03 . 03G)
Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be
provided with development of this site.
• "Ensure development provides safe routes and access to schools , parks, and other community
gathering places . " (2 .02. 01G)
Detached sidewalks are proposed adjacent to all public streets, which should assist in
providing safe access to the proposed school. The walkway along Owyhee Storm Ave. is
proposed to be a 10 feet wide multi-use pathway, which will provide an off-street route for
bicyclists.
• "Ensure the location and design of schools are compatible with existing and planned
neighborhoods and land uses . " (2 . 03 . 01D)
The proposed school should be compatible with adjacent existing and future residential uses
in the vicinity.
i
VI. STAFF ANALYSIS
A. Annexation & Zoning (AZ) .
The Applicant proposes to annex 71 .28 acres of land with an R45 (Medium-High Density
Residential) zoning district for the development of a private education institution for pre-
kindergarten through 12" grade on approximately 48 .48 acres of the site. The remaining 23 .4-
acres of the site is to be used for agricultural purposes until further development occurs in the
future . As discussed above in Section V, the proposed use is desired and consistent with the
Comprehensive Plan for this area.
There are no existing structures on this site; the property is currently being used for agricultural
purposes . The site is within the Area of City Impact (AOCI) boundary at the periphery of the
current City limits and is contiguous to City annexed land to the south.
Because the R-8 zoning district is the most appropriate district for the MDR FLUM
designation, Staff recommends an R-8 instead of R45 zone for the subject property.
A private education institution is listed as an allowed use in the recommended R-8 (and requested
R- 15) zoning district with approval of a conditional use permit, per UDC Table I14A -2, subject
to the specific use standards listed in UDC 11 -4-344.
A property boundary adjustment application has been tentatively approved by Ada County
Development Services for the reconfiguration of this property as shown in the annexation legal
description and exhibit map in Section VIII .A below. Final approval is required to be obtained
prior to City Council approval of the annexation ordinance.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. To ensure this property develops as proposed and required,
Staff recommends a DA with the provisions discussed herein and included in Section IX.A.
If the 23 .4-acre portion of the site not proposed to develop at this time is proposed to
develop with any use(s) other than an education institution and associated accessory uses in
the future, Staff recommends an amendment to the Development Agreement is required to
include an updated development plan.
B. Conditional Use Permit (CUP) .
A Conditional Use Permit (CUP) is proposed, as required by UDC Table 11 -2A-2, for a private
education institution in an R4/R- 15 zoning district. The education institution requires CUP
approval because it exceeds 250,000 square feet (s . f.) within a residential district; includes lighted
fields adjoining/within a residential district; will generate in excess of 1 , 500 vehicular trips per
day; takes access from a collector street (i . e. Owyhee Storm Ave .) and there is not a safe, separate
pedestrian and bikeway access between the neighborhood and the school site, per UDC I1 -4-3-
14E.
Cole Valley currently has two existing campuses that will be relocated and consolidated into one
259,919 square foot building on the subject property. The proposed school will be for pre-
kindergarten through 12th grade and the development area will include parking, access drives,
open space for student play area and outside athletic venues on 48 .48 acres of land. The new
facility will service approximately 1 , 825 students with the potential to add 12 additional
classrooms with future building additions on the south, east and west wings, totaling 15 ,300
square feet, to serve an additional 300 students .
Development will likely occur in two phases but may occur in one. If phased, Phase 1 will consist
of all of the outside athletic venues except the tennis courts, a portion of the southeast parking lot,
public restroom outbuilding, construction of Ersatz Rd. and the extension of Owyhee Storm Ave.
i
(the length and width to be determined by the City and ACHD) , and the adjustment and piping of
the Creason Lateral. Phase 2 will consist of building construction, remaining site development of
parking lots, access points, play structures, full road sections to the north property line and public
utility connections . Although shown as part of the 2"d phase, the storage, maintenance and CTE
building likely won't be constructed for a few years per the Applicant.
Dimensional Standards : The proposed development is required to comply with the dimensional
standards listed in UDC Table 11-2A- 7 for the proposed R- 15 zoning district (or UDC Table 11-
2A -6 for the R-8 district recommended by Staff) . Education facilities are allowed a maximum
building height of 50 feet as set forth in UDC 11-2A-3E. 3 .
Specific Use Standards : The proposed use is required to comply with the specific use standards
listed in UDC 114-3- 14F, Education Institution, as follows : Staffs analysis is in italics.
A. Accessory uses . Accessory uses including, but not limited to, daycare facilities,
community events, community services, social services, curricular and extracurricular
activities, meeting facilities for clubs and organizations, and school administration may
be allowed.
1 . Community events shall include, but are not limited to, events organized by an
association of persons for a social, literary, political, educational or recreational
purpose. Community events shall not include retail or other services that are
customarily carried on as a business .
2 . Curricular or extracurricular activities at an education institution shall include any
sporting, musical, dramatic, artistic, fundraising or educational activities associated
with any group, association, or classroom of said education facilities . Curricular or
extracurricular activities shall not include retail or other services of businesses not
directly associated with the education facility.
3 . When conducted within an existing structure and site modifications are not proposed
and/or required allowed accessory uses do not require a certificate of zoning
compliance.
4 . Uses not deemed as an accessory use by the Director shall require approval as a
principal permitted or conditional use consistent with this title or as a temporary use
consistent with title 3 , chapter 4 of this Code.
B . Location criteria for elementary schools . Elementary schools should 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 . The site is not located within the center of a neighborhood but may be in the
future as much of the property surrounding this area has yet to annex but has a
residential FLUMdesignation; a local street (Ersatz Rd.) is proposed along the east
boundary of the site. Over 30 % of the proposed school site is open to streets.
C. Location criteria for middle schools and high schools . Middle and high schools may take
access off a designated arterial or collector street. The proposed school takes access off a
collector street (Owyhee Storm Ave).
D . Exemption. An education institution with less than one hundred fifty ( 150) students or
located within the TN-R district may be exempt from the requirements for open space,
landscaping, parking and drop off areas . Not Applicable
E. Conditional use requirement. A conditional use permit shall be required for any education
institution in which any of the following circumstances exist:
1 . The education institution is in excess of two hundred fifty thousand (250 ,000) square
feet within a residential district; The proposed school is 259, 919 square feet.
2 . The education institution includes lighted fields adjoining or within a residential
district; The football field is proposed to be lighted within a residential district.
3 . The education institution will generate in excess of one thousand five hundred
( 1 ,500) vehicular trips per day; The proposed school will exceed 1, 500 vehicle trips
per day at 4, 132 trips per day.
4 . The education institution takes access from a collector or an arterial street and there
is not a safe, separate pedestrian and bikeway access between the neighborhood and
the school site. The proposed school takes access from a collector street (Owyhee
Storm Ave.); a 10 foot wide detached multi-use pathway is proposed on the school
site adjacent to the street for safe pedestrian/bicycle access to the site. There are no
abutting neighborhoods to the west, north or east at this time as the adjacent land is
yet to redevelop; an arterial street separates this site from the development to the
south (i. e. Gander Creek subdivision) .
F. Portable classrooms (temporary and permanent) . The site plan for all education
institutions shall include the location of any future portable classrooms (temporary and/or
permanent) . Four (4) portable future classrooms are proposed on the west side of the site
just north of the elementary wing totaling 8, 400 sf. (2, 100 sf. each) .
1 . Temporary portables . A temporary portable classroom shall be an accessory use valid
for a maximum period of four (4) years from the date of issuance of a certificate of
occupancy.
a . Temporary portable classrooms that meet the standards as set forth in subsection
(F) (4) of this section shall require a certificate of zoning compliance approval but
shall not be subject to design review.
b . Temporary portable classrooms that do not meet the standards as set forth in
subsection (F)(4) of this section shall require a conditional use permit but shall
not be subject to design review.
2 . Permanent portables . Prior to the termination of the four-year permit, the applicant
may request to convert a temporary portable classroom to a permanent portable
classroom.
a. Permanent portable classrooms that meet the standards as set forth in subsection
(F)(4) of this section shall require a certificate of zoning compliance and design
review approval .
b . Permanent portable classrooms that do not meet the standards as set forth in
subsection (F)(4) of this section shall require a conditional use permit and design
review approval.
3 . Permit termination. Upon termination of the four-year permit, the temporary portable
classroom approval shall be null and void and the applicant shall remove the structure
immediately.
4. Standards.
a. The portable classroom shall not be located in the front yard of the principal
school structure.
b . The portable classroom shall not be located in any required yard.
c. The placement of the portable classroom shall not reduce the number of required
off street parking spaces .
d. The portable structures shall comply with the building code in accord with title
10 of this Code .
e. Exterior colors of the portable classrooms shall be compatible with the color of
the primary school building.
f. The roofing material on the portable classrooms shall be of a finish that emits a
minimal amount of glare.
g. Where the portable classroom is located within two hundred (200) feet of a street
and is visible from such a street, the portable classroom shall be screened from
view of the street with a minimum of one ( 1 ) evergreen tree per fifteen ( 15) feet
of linear structure. The tree shall be a minimum of six (6) feet in height.
G. Additional standards for education institution, private. The applicant shall provide written
documentation that the facility meets the minimum site area guidelines as established by
the Idaho State Department of Education. The Applicant shall comply with this
i
standard.
H. Additional standards for vocational or trade schools. The applicant shall provide written
documentation that the school will have a major curriculum relating to technological
industrial research and processes . Not applicable.
I. Parking space requirement. In all commercial and residential districts, education
institutions shall provide one ( 1 ) parking space for every four hundred (400) square feet
of gross floor area. The proposed parking complies with this standard. See below for
more detailed analysis on parking.
Road Improvements : The Applicant proposes to extend Owyhee Storm Ave . , a collector street,
and Ersatz Rd., a local street, from the south boundary at McMillan Rd. to the north boundary of
the subject property with development. The extension of these streets is proposed in two (2)
phases as shown on the phasing plan in Section VIII.B . To ensure the timely extension of
II. Owyhee Storm Ave. and Ersatz Rd. for future development in the area, Staff recommends
these streets (and associated detached sidewalks/multi-use pathways) are constructed to the
northern boundary of the subject property with the first phase of development. The
Applicant states ITD has acquired the property necessary to complete the extension of Ersatz but
not to a local street section with sidewalks, etc. The street section will start at the eastern ROW
that ITD has acquired and the street section will extend the necessary dimension onto the subject
property. The multi-use pathway required along the east side of Ersatz will be constructed with
future development of the adjacent land.
Access : Two (2) driveway accesses are proposed via Owyhee Storm Ave. , a future collector
street, along the west boundary of the site and two (2) driveway accesses are proposed via Ersatz
Place Rd. , a future local street, along the east boundary of the site, no access is proposed via W.
McMillan Rd.
The southern driveway via Ersatz will provide access to the eastern parking lot and drop -off areas
that are primarily dedicated to the high school and middle school portion of the building and
campus . The northern driveway will provide access to the smaller secondary parking lot that will
include a bus drop-off area, a future career technical building and the emergency vehicle access
lane that extends west to Owyhee Storm Ave.
The southern driveway via Owyhee Storm will provide access to the western parking lot and
drop-off areas that are primarily dedicated to the pre-school and elementary portions of the
building and campus .
Parking : Off-street parking is required to be provided as set forth in UDC 11 -4-344. 1 (i . e. one
space per 400 square feet of gross floor area) . Based on 273 ,344 square feet (s .f.) of gross floor
area (259,919 s .f. school building + 13 ,425 s .f. storage, maintenance & CTE building), a
minimum of 683 parking spaces are required that comply with the standards listed in UDC Table
11 -3C-5. If future classroom additions occur as anticipated, an additional 38 parking spaces will
be required based on 15 ,300 square feet of gross floor area. If temporary portable classrooms are
added as anticipated, an additional 21 parking spaces will be required based on 8 ,400 s . f. of gross
floor area. The site plan depicts a total of 843 parking spaces at full build-out, which exceeds the
minimum standards by 101 spaces . The Applicant proposes to only construct the minimum
amount of parking (i .e. 650 spaces) required with the initial building construction.
Bicycle parking is required to be provided as set forth in UDC 11 -3C-6G. Based on 843 vehicle
spaces, a minimum of 34 bicycle parking spaces are required that meet the location and design
standards listed in UDC 11-3C-5C; a total of 48 spaces are proposed, exceeding the minimum
standards.
Sidewalks/Pathways : A 1046ot wide detached sidewalk/multi-use pathway is proposed within
the street buffer along Owyhee Storm Ave . in accord with the Pathways Master Plan; and 5 -foot
wide detached sidewalks are proposed along W. McMillan Rd. and Ersatz Rd. Note: A multi-use
pathway is also required along the east side of Ersatz Rd. , which will be required with
construction of the eastern portion of the street section by the developer of the adjacent property.
Five-foot wide detached sidewalks are typically required within street buffers along arterial
streets. However, because ACHD is changing policy to require detached 10400t wide
multiple-use pathways (MUP) along arterial streets (i.e. McMillan Rd.) in lieu of on-street
bike lanes, and because school children will be using this sidewalk to bike and walk to
school, Staff recommends a 10400t wide sidewalk/MUP is required along McMillan as a
provision of the development agreement.
The multi-use pathway is required to be placed in a 14400t wide public use easement if it' s
outside of the right-of--way. The easement should be submitted to the Planning division with
the Certificate of Zoning Compliance application for the first phase of development.
To ensure pedestrian safety, Staff recommends the sidewalk/multi-use pathways are
constructed along all streets with the first phase of development.
Landscaping : A landscape plan was submitted as shown in Section VIII. C.
A minimum 25 -foot wide street buffer is required along W. McMillan Rd. , an arterial street and a
minimum 20 -foot wide street buffer is required along Owyhee Storm Ave . , a collector street,
landscaped in accord with the standards listed in UDC I1 -3B- 7C. Buffers are required to be
planted with a variety of trees, shrubs, lawn, or other vegetative groundcover. The
landscape plan should be revised in accord with the aforementioned standards. Where the
buffer is encumbered by an easement, the buffer area is required to include a minimum 5-
foot wide area for planting shrubs and trees outside of the easement; the plans should be
revised accordingly to accommodate the required p lantin gs.
Parking lot landscaping is required in accord with the standards listed in UDC 11 -3B-8C.
Utilities ( UDC 11 -3A-21) : Connection to City water and sewer services is required in accord with
UDC 11 -3A-21 . Street lighting is required to be installed in accord with the City' s adopted
standards , specifications and ordinances .
All utilities, except for City sewer, are available to the site or in close proximity. Sewer service to
this site will be provided from the Can-Ada Lift Station, which has not yet been
built. Construction is planned to be completed towards the end of Fiscal Year 2025. The
City plans to install a trunk sewer from the lift station (to be located near McMillan
Road/Can-Ada Road) one mile to the east near the intersection of McMillan Road/Star
Road as a part of the Can-Ada Lift Station Project. The school will need to extend sewer
down McMillan Rd. and Owyhee Storm Ave. to the school campus in accord with the Sewer
Master Plan. The City is amenable to allowing a temporary lift station for the sports field
concession and restroom buildings only, which shall be taken off-line as part of the construction
of the school.
Waterways : The West Tap Sublateral runs along the southern boundary of this site adjacent to
McMillan Rd. and the Creason Lateral bisects this site within a 30-foot wide easement. The UDC
(11-3A- requires all waterways that lie on the property being developed to be piped or
otherwise covered unless being improved as a water amenity of linear open space. The
easement for the Creason Lateral shall be depicted on the site and landscape plans.
Pressurized Irrigation System (UDC 11-3A45) : Underground pressurized irrigation water is
required to be provided to the development as set forth in UDC 11 -3A- 15 . On-site pressurized
irrigation is proposed utilizing existing water rights from the Creason Lateral and a secondary
irrigation well and pumping system will be installed to supplement irrigation needs during the
"shoulder season" watering times .
Storm Drainage (UDC 11 -3A -18): An adequate storm drainage system is required in all
developments in accord with the City' s adopted standards, specifications and ordinances .
Hours of Operation : The primary hours of operation for the campus will be from 7 . 00 am to
3 : 00 pm Monday through Friday. Extended hours of operation will be based on athletic events
and various activities throughout the school year. Compliance with the City noise ordinance
(MCC 6-3_ is required.
Building Elevations : Building elevations were submitted as shown in Section VELD for the
proposed 2-story school building. Building materials consist of a combination of masonry in
smooth-face and split-face in two colors, deep ribbed metal and smooth metal with large
expansions of glazing, which should be low maintenance. Raised parapets are proposed for
modulation and screening of rooftop mechanical equipment. Proposed building heights are as
follows : auditorium/gymnasium — 45 ' 8"; classroom wings — 35 ' 0".
Certificate of Zoning Compliance/Design Review : A Certificate of Zoning Compliance (CZC)
and Design Review application is required to be submitted to the Planning Division and approved
prior to submittal of building permit application(s) . The application materials should be updated
as necessary to comply with the conditions contained in Section IX . Compliance with the design
standards in the Architectural Standards Manual is required. As discussed above in Section V, a
"modern rural" design theme should be integrated into the project as desired in the Fields Sub-
Area Plan,
VII, DECISION
A. Staff:
Staff recommends approval of the proposed annexation & zoning with an R-8 instead of R. 15
zoning district, and conditional use permit with the provisions included in Section IX per the
Findings in Section X.
B . The Meridian Planning & Zoning Commission heard these items on May 18 June 1 and 15 ,
2023 At the public hearing, the Commission moved to continue the subject AZ and CUP
i
requests to June Pt in order to review the ACHD report The ACHD report wasn' t received by the
1St so the Commission continued the project to the June 15 `' hearing date.
1 . SummM of Commission public hearing:
a. In favor: Amber Van Ocker, LKV Architects (Applicant' s Representative) ; Sonia
Dalejden Kittleson & Assoc • Wayne Thowless LKV Architects
IL. In opposition: None
c. Commenting_ Patrick Nichols
d. Written testimony Amber Van Ocker, Applicant' s Representative
e. Staff presenting, application: Sonya Allen
f. Other Staff commenting on application : Bill Parsons
2 . Key issue s) of public testimony:
A.. The Applicant requests to not be required to construct Owyhee Storm & Ersatz (& the
associated sidewalks/pathways and street buffers) to the northern property boundary,
just to the northern boundary of the school campus proposed to develop at this time; and
the street buffer & pathway along McMillan to be constructed with future development
of that area.
b . Concerns with how traffic generated from the proposed school will impact already
congested traffic and intersections in the vicinity.
3 . Key issue(s) of discussion by Commission :
a. The timing for construction of Owyhee Storm & Ersatz to the northern property
boundary and pedestrian walkwUs and street buffers along public streets ;
b . Concerns pertaining to traffic and existing congestion in this area and impacts from the
proposed development.
4 . Commission change(s) to Staff recommendation:
a. At Staff s request include a clarification to DA provision #A. l . ld in Section IX that all
street buffers adjacent to public streets (i.e. McMillan Owyhee Storm & Ersatz) also be
constructed by the Applicant unless already constructed by ITD prior to issuance of
Certificate of Occupancyfor the high school building.
b . Commission required the McMillan Rd improvements and the extension of Owyhee
Storm Ave and Ersatz to the northern parcel boundary to be completed either by the
Applicant or ITD as applicable prior to issuance of Certificate of Occupancy for the
high school building in the second phase of development (see Section IX.A. 1 a 1 c) .
5 . Outstanding issue(s) for City Council :
a. The Applicant should provide more details on how perimeter fencing signage, public
art etc planned for the site incorporates the "modern rural" design theme in accord
with the Fields Sub-area Plan.
C . The Meridian Citv Council heard these items on July 11 , 2023 . At the public hearing, the Council
moved to approve the subject AZ and CUP requests .
1 . Summary of the Citv Council public hearing:
a. In favor Amber Van Ocker LKV Architects (Applicant ' s Representative)
b . In opposition• None
c Commenting: None
d. Written testimony: None
e . Staff presenting application: Sonya Allen
f. Other Staff commenting on application: None
2 . Key issue(s) of public testimony:
a. Applicant requested Council not require the extension of Owyhee Storm & Ersatz to the
northern property boundary at this time just the northern boundary of the school site
proposed to develop at this time.
3 . Key issue(s) of discussion by City Council :
a. The appropriateness of black coated chain4inlc fencing in the Fields Sub-Area and
necessity of fencing along McMillan Rd
b . The Applicant' s request to defer construction of Owyhee Storm & Ersatz along w ith the
associated sidewalks/pathways and street buffers on the future development area at the
northern boundav of the site until future development occurs .
4 . City Council change(s) to Commission recommendation:
a. Council approved the project with the allowance of black coated chain-link fencing
along the west north and east boundaries of the site (the Applicant is not required to
construct the split rail fence along McMillan Rd. if they choose not to.) .
I
VIII. EXHIBITS
A. Annexation & Zoning Legal Description and Exhibit Map
LEGAL DESCRIPTION
�'= T H E Page 1 OF 1
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10 LAND
GROUP
March 2, 2023
Project No . : 121048
EXHIBIT "A"
COLE VALLEY CHRISTIAN SCHOOL
ANNEXATION DESCRIPTION
A parcel of land located in the West Half of the Southeast Quarter of Section 29, Township 4 North,
Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the South One Quarter Corner of Section 29 of said Township 4 North, Range 1 West,
(from which point the Southeast Corner of said Section 29 bears South 89' 22' 00" East, 2642.71 feet
distant), said South One Quarter Corner being the POINT OF BEGINNING;
Thence North 00° 51' 06" East, a distance of 2630 . 21 feet on the north-south mid-section line of
said Section 29 to the Center One Quarter Corner of said Section 29 ;
Thence South 890 22' 35 " East, a distance of 1325 .02 feet on the east-west mid-section line of
said Section 29 to the Center- East 1/16th Corner of said Section 29;
Thence South 00° 56' 00" West, a distance of 2630 .45 feet to a point on the southerly Section
line of said Section 29 ;
Thence North 89° 22' 00" West, a distance of 454 . 52 feet on said southerly Section line;
Thence North 00° S6' 00" East, a distance of 487 . 34 feet;
Thence North 890 43 ' 44" West, a distance of 774 .21 feet;
Thence South 00° 16' 16" West, a distance of 21 .70 feet;
Thence South 006 51' 07" West, a distance of 460.74 feet to a point on the southerly Section line
of said Section 29;
Thence North 89 ° 22' 00" West, a distance of 93.49 feet on said southerly Section line to the
POINT OF BEGINNING .
The above described parcel contains 71.28 acres more or less.
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IX. CITY/AGENCY COMMENTS & CONDITIONS
Prior to the City Council hearing, additional site development details (i.e. landscaping, fencing,
signage, public art, etc.) shall be submitted to the Planning Division that demonstrate
compliance with the "modern rural' design theme in the Fields Sub-Area Plan.
Final approval of the property boundary adjustment application by Ada County Development
Services shall be obtained prior to City Council approval of the Annexation Ordinance.
Fr4oir to City Council approval of the Development Agreement, an amended phasing plait s
be submitted that includes the extension of Owyhee Storm Ave. and Ersatz Plaee Road to the
northern propert-y boundary and detaebed sidewalkshnulti use pathways along MeAfillan .,
. Done
A. PLANNING DIVISION
1 . Annexation & Zoning
1 . 1 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 :
a. Future development of this site shall be generally consistent with the site plan, landscape
plan, phasing plan and conceptual building elevations included in Section VHl and the
provisions contained herein.
b. Future development of this site shall incorporate design elements consistent with the
"modern rural" design theme outlined in the Fields Sub-Area Plan as discussed in Section
V and proposed with this application. ote: City Council approved the Applicant 's
request to construct black coated chain-link fencing along the west, north and east
property boundaries: the Applicant is not required to construct the split rail fence along
McMillan Rd. ifthev choose not to. )
c. The McMillan Road improvements and the extension of Owyhee Storm Ave. and Ersatz
Rd. &MIbe e „ s+,., . +oa the 441 lengthfthe subjeet pfepeFty to the northern boundary of
-------------
the parcel shall be completed with the fist second phase of development at the
width/street section required by the Ada County Highway District, prior to issuance of
Certificate of Occupancy for the high school building.
d. All detached sidewalks,.-arid multi-use pathways and street buffers along public streets
(i . e . McMillan Rd. , Owyhee Storm Ave . and Ersatz Rd.) shall be constructed b the
Applicant, unless already constructed b Iy TD, wit +,, e l: ,...+ ,.,� o ao. ,e, ,.,,,, e„+prior
to issuance of the Certificate of Occupancy for the high school building.
e. Compliance with the City noise ordinance (MCC 6-3- is required.
f. If the 23 .4-acre portion of the site (5 -acre portion at southeast corner and 18 .4-acre
portion at the north end) develops in the future with a use(s) other than an education
institution, an amendment to the Development Agreement is required to include an
updated development plan.
g. Direct access via W. McMillan Rd. is prohibited.
2. Conditional Use Permit
2 . 1 Compliance with the standards listed in UDC 114-344 — Education Institution, is required.
2 . 2 Compliance with the dimensional standards listed in UDC Table 11 -2A-6 for the R4 zoning
district is required with the exception of building height. Education facilities are allowed a
maximum building height of 50 feet as set forth in UDC 11-2A -3E. 3 .
2 . 3 The site/landscape plan submitted with the Certificate of Zoning Compliance application shall
be revised as follows :
a. Depict a minimum 25 -foot wide street buffer along W. McMillan Rd. and a minimum 20 -
foot wide street buffer along Owyhee Storm Ave. , measured fiom back of curb .
b . Depict landscaping within street buffers in accord with the standards listed in UDC 11 -3B-
7C. 3, which requires a variety of trees, shrubs, lawn, or other vegetative groundcover
among other specifications . Where the buffer is encumbered by an easement, the buffer
area shall include a minimum S foot wide area for planting shrubs and trees outside of the
easement as set forth in UDC 11 -3B- 7C. 1 b.
c. Depict the 30400t wide easement for the Creason Lateral.
d. Depict a 10400t wide detached sidewalk/multi-use pathway within the required street
buffers along Owyhee Storm Ave. and W . McMillan Rd.
2 .4 All waterways on the subject property shall be piped or otherwise covered unless improved as
a water amenity of linear open space as set forth in UDC 11 -3A-6.
2 . 5 A 14400t wide public use easement shall be submitted to the Planning Division with the first
Certificate of Zoning Compliance application for the 10400t wide multi-use pathway along
Owyhee Storm Ave. if the pathway is outside of the right-of-way.
2. 6 The applicant shall provide written documentation that the facility meets the minimum site area
guidelines as established by the Idaho State Department of Education per UDC I14-344G
with the Certificate of Zoning Compliance application.
2 . 7 A Certificate of Zoning Compliance application shall be submitted for the proposed use that
complies with all UDC conditions and the provisions contained herein.
2 . 8 The future temporary portable classrooms shall comply with the standards listed in UDC 114-
3-14F. A Certificate of Zoning Compliance application shall be submitted for approval of the
portable classrooms . These structures are not subject to design review. Temporary portable
classrooms that do not meet the aforementioned standards shall require a conditional use
permit but shall not be subject to design review.
2. 9 A Design Review application shall be submitted for the proposed structures that complies with
the design standards listed in the Architectural Standards Manual . Design elements should be
incorporated in the site consistent with the "modern rural" design theme outlined in the Fields
Sub-Area Plan as discussed in Section V. B .
2 . 10 The conditional use permit is 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 as set forth in UDC 11 -5B-6. A time extension may be requested
as set forth in UDC 11 -5B -6F.
B . PUBLIC WORKS DEPARTMENT
1 . Site Specific Conditions of Approval
1 . 1 At the applicant' s request the City will allow a temporary lift station for the sports field
concession stand and restrooms subject to the following requirements :
• The lift station is only for the sports fields concession & restrooms. No other flows can
be added to it in the future.
No connections from neighboring properties will be allowed. The only flow for the lift
station must be from the school property.
It must be taken offline as part of the construction of the school. It cannot be done
separately at a later date.
• The discharge line must discharge to a manhole that has an H2S liner.
The manhole must be vented above the surround houses . One suggestion is to run a vent
up a telephone pole or similar.
The force main discharge line must connect perpendicular to the manhole and not run
parallel in the ROW. A force main cannot run along the road.
The lift station itself (which will most likely be a little grinder pump) will not require a
QLPE. It will be private infrastructure and DEQ only reviews public infrastructure. It will be
more of a plumbing code issue. However, the discharge configuration does need to be
reviewed by the City. This includes the manhole and ventilation process . This could be
submitted with the plans for the development to the east to which this will discharge. We
would review and provide comments for that.
2. General Conditions of Approval
2 . 1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is three
feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall
be used in conformance of City of Meridian Public Works Departments Standard
Specifications .
2 .2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8 -6-5 .
2 . 3 The applicant shall provide easement(s) for all public water/sewer mains outside of public
right of way (include all water services and hydrants) . The easement widths shall be 20 -feet
wide for a single utility, or 304eet wide for two . Submit an executed easement (on the form
available from Public Works), a legal description prepared by an Idaho Licensed Professional
Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an
81 /2" x 11 " map with bearings and distances (marked EXHIBIT B) for review. Both exhibits
must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD .
2 .4 The City of Meridian requires that pressurized n-rigation systems be supplied by a year-round
source of water (UDC 11 -313 -6) . The applicant should be required to use any existing surface
or well water for the primary source. If a surface or well source is not available, a single-
point connection to the culinary water system shall be required. If a single-point connection is
utilized, the developer will be responsible for the payment of assessments for the common
areas prior to prior to receiving development plan approval.
2. 5 Any structures that are allowed to remain shall be subject to evaluation and possible
reassignment of street addressing to be in compliance with MCC.
2 . 6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed
per UDC 11 -3A-6 . In performing such work, the applicant shall comply with Idaho Code 42-
1207 and any other applicable law or regulation .
2 . 7 Any wells that will not continue to be used must be properly abandoned according to Idaho
Well Construction Standards Rules administered by the Idaho Department of Water
Resources . The Developer' s Engineer shall provide a statement addressing whether there are
any existing wells in the development, and if so, how they will continue to be used, or
provide record of their abandonment.
2 . 8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9 . 14 and 9 4 8 . Contact Central District Health for abandonment
procedures and inspections (208)375-5211 .
2 . 9 All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures .
2 . 10 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2 . 11 It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act,
2 . 12 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers .
2 . 13 Developer shall coordinate mailbox locations with the Meridian Post Office.
2 . 14 Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material .
2 . 15 The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 34eet above the highest established peak groundwater elevation. This is to
ensure that the bottom elevation of the crawl spaces of homes is at least 1400t above.
2 . 16 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD. The design engineer shall provide certification that the facilities have been
installed in accordance with the approved design plans . This certification will be required
before a certificate of occupancy is issued for any structures within the project.
2 . 17 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards . These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2 . 18 A street light plan will need to be included in the civil construction plans . Street light plan
requirements are listed in section 6 -5 of the Improvement Standards for Street Lighting. A
copy of the standards can be found at
http://www. meridiancity. oMIpublic works. aspx?id=272 .
2 . 19 The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125% of the total construction cost for all incomplete sewer, water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost
estimate 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. Applicant must file an application for surety,
which can be found on the Community Development Department website . Please contact
Land Development Service for more information at 887-2211 .
2 .20 The City of Meridian requires that the owner post to the City a warranty surety in the amount
of 20% of the total construction cost for all completed sewer, water and reuse infrastructure
for duration of two years . This surety will be verified by a line item cost estimate 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. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service
for more information at 887-2211 .
C . FIRE DEPARTMENT
https://weblink. meridianci( . org/WebLink/DocView. aspx?id=292608&dbid=0&repo =MeridianC
D. PARK' S DEPARTMENT
https://weblink. meridiancit�org/WebLink/Doc View. gWx ?id=292614&dbid=0&repo =MeridianC
E. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID)
https:llweblink. meridiancit . corkIWebLinkIDocView. aspx?id=294319&dbid= 0&repo =MeridianC
F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS)
https://weblink. meridiancity. org/WebLink/DocView. aspx?id=294389&dbid= 0&repo =MeridianC
i
G. ADA COUNTY DEVELOPMENT SERVICES
https://weblink. meridianciV. org/WebLinklDocView. gWx?id=293650&dbid=0&repo =MeridianC
i�
H. IDAHO TRANSPORTATION DEPARTMENT (ITD)
TIS Acceptance :
https://weblink. meridiancit . 00rg/WebLink/DocView. aspx?id=292597&dbid=0&repo =MeridianC
i
I. ADA COUNTY HIGHWAY DISTRICT (ACHD)
TIS Acceptance :
https:llweblink. meridiancit y�org/WebLinkIDocView. gWx?id=292599&dbid= 0&repo =MeridianC
it
Staff report:
hitps://weblink. meridiancity. org/WebLink/DocView. aspx?id=300166&dbid=0&repo =MeridianC
X. FINDINGS
A. Annexation (UDC 11 -511-3E)
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 City Council finds the Applicant 's request to annex the subject property with the
recommended R4 zoning district for the development of a private education institution on the
site is consistent with the MDR and school designations on the FLUM in the Comprehensive
Plan .
2 . The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds the map amendment to the recommended R-8 zoning district and
associated development is consistent with the regulations outlined for the district.
3 . The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The City Council finds the proposed map amendment should not be detrimental to the public
health, safety and welfare as the proposed use should be compatible with adjacent existing
and future residential uses in the vicinity.
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 City Council finds City water service is available to be extended to this development;
however, City sewer service will not be available until the Can-Ada lift station project has
been completed toward the end of fiscal year 2025. The provision of a school in this area will
assist in providing for the education needs of the community in this area of the City.
5 . The annexation (as applicable) is in the best interest of city.
The City Council finds the proposed annexation is in the best interest of the city.
B. Conditional Use (UDC 11-513-6)
Findings : The commission shall base its determination on the conditional use permit request upon
the following.
1 . That the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
The City Council finds the site is large enough to accommodate the proposed use and meet
all dimensional and development regulations of the recommended R-8 zoning district.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in
accord with the requirements of this title .
The City Council finds the proposed education institution will be harmonious with the
Comprehensive Plan and is consistent with applicable UDC standards with the conditions
noted in Section VIII of this report.
I
3 . That the design, construction, operation and maintenance will be compatible with other uses
in the general neighborhood and with the existing or intended character of the general vicinity
and that such use will not adversely change the essential character of the same area.
The City Council finds the design, construction, operation and maintenance of the proposed
use should be compatible with other uses in the general neighborhood, with the existing and
intended character of the vicinity and will not adversely change the essential character of the
area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
The City Council finds the proposed use will not adversely affect other properties in the
vicinity if it complies with the conditions in Section VIII of this report.
5 . That the proposed use will be served adequately by essential public facilities and services
such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal , water, and sewer.
The City Council finds the proposed use will be served by essential public facilities and
services as required once the City 's Can Ada lift station project is completed.
6 . That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
The City Council finds the proposed use will not create additional costs for public facilities
and services and will not be detrimental to the economic welfare of the community.
7 . That the proposed use will not involve activities or processes , materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors .
The City Council finds the proposed use will not be detrimental to any persons, property or
the general welfare by the reasons noted above.
8 . That the proposed use will not result in the destruction, loss or damage of a natural, scenic or
historic feature considered to be of major importance. (Ord. 05 - 1170, 8-30 -2005 , eff. 945-
2005)
The City Council finds the proposed use will not result in the destruction, loss or damage of
any such features.
9 . Additional findings for the alteration or extension of a nonconforming use :
a. That the proposed nonconforming use does not encourage or set a precedent for
additional nonconforming uses within the area; and,
This finding is not applicable.
b . That the proposed nonconfol ing use is developed to a similar or greater level of
conformity with the development standards as set forth in this title as compared to the
level of development of the surrounding properties .
This finding is not applicable.
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES : 1 . City of Meridian
2 . Cole Valley Christian Schools, Inc., Owner/Developer
THIS ADDENrn TM TO DEVELOPMENT AGREEMENT ("ADDENDUM") is made and entered into this
day of . �VCr ' � , 2024) by and between City of Meridian , a municipal corporation of the State
of Idaho ("CI1 i ), w„use address is 33 E . Broadway Avenue, Meridian, Idaho 83642 and Cole Valley
Christian Schools, Inc. ("OWNER/DEVELOPER"), whose address is 200 E. Carlton Avenue, Meridian , ID,
! 83642 .
I
RECITALS
A . OWNER/DEVELOPER submitted an application for a Modification to the existing
Development Agreement concerning Cole Valley Christian School (1-1-2023 -0011 ) ("Development
Agreement"). The Meridian City Council approved said application with Findings of Fact and Conclusions of
Law as in the attached Exhibit "A . "
B . CITY and OWNER/DEVELOPER now desire to amend said Development Agreement,
which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67 -
6511A .
NOW, THEREFORE , in consideration of the covenants and conditions set forth herein, the
parties agree as follows :
1 . OWNER/DEVELOPER shall be bound by the terms of the Development Agreement except as amended
as follows :
That Section 6 of said Development Agreement shall be replaced in its entirety with the following :
6 . APPROVAL PERIOD : This Agreement must be fully executed within six (6) months after the
date of the Findings ("Approval Period") or it shall be null and void. Notwithstanding the foregoing, the
City may, in its sole discretion, enlarge the Approval Period ("Enlarged Approval Period") in accord
with the UDC , in which case this Agreement must be fully executed within the Enlarged Approval
Period or it shall be null and void .
MODIFIED DEVELOPMENT AGREEMENT - COLE VALLEY CHRISTIAN SCHOOL (H-20234011 ) (H-2024-0002)
i
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this ADDENDUM and made it
effective as hereinabove provided.
OWNER/DEVELOPER:
Cole Valley Christian Schools,Inc.
za,
By:
STATE OF IDAHO )
ss:
County of Ada )
On thi day of 2024,before me,the undersi ed,a Nota Public in and for said State,personally
appeared Y1 , known or identified to me to be the �� of Cole Valley Christian
Schools,Inc.and the person who signed above and acknowledged to me that they the same.
' IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above
° Fotary
BROOK EPLER
c•State of Idaho `,�/4
ber20213095 Notary Publlc r1pires Jul 7,2027 My Commission Expires:
i
I
' CITY OF MERIDIAN ATTEST:
By. :L
c IFAL
Mayor Robert E. imis 3-26-2024 Chris Johnson, jityCler "` -26-2024
I STATE OF IDAHO )
ss
County of Ada )
26th March
On this day of ,2024,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 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,I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
Notary Public for Idaho g T"
C ENE WAY My Commission Expires: `� _28-2028
COMMISSION No. 67390
NOTARY PUBLIC
STATE OF IDAHO
MODIFIED DEVELOPMENT AGREEMENT—COLE VALLEY CHRISTIAN SCHOOL(H-2023-0011) (H-2024-0002)
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW wl IDIAN'^'
AND DECISION & ORDER 1 ,m, n H O
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 snaps 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 § 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 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 -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. Judicial Review
Pursuant to Idaho Code § 67-652 1 ( 1 ) (d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521 ( 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 -740, 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 674003 , 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 26th day of March
2024 .
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE
COUNCIL MEMBER DOUG TAYLOR VOTED
COUNCIL MEMBER LUKE CAVENER VOTED AYE
COUNCIL MEMBER JOHN OVERTON VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Ifo Simis Un
Attest:
ag4dMA4'br
SP.11.
Chris Johnso
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
3-26M202A
By; Dated:
City Clerk' s Office
i
I
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FOR COLE VALLEY CHRISTIAN SCHOOL MDA 11-2024-0002
- 3 -
EXHIBIT A
STAFF REPORT fERIDIAN�,
COMMUNITY DEVELOPMENT DEPARTMENT 1 D A H t)
HEARING March 26, 2024
DATE : ' -
ip
a
TO : ri Council&Mayor City
y �
ILL
FROM : Sonya Allen, Associate Planner -- 1y. ;
i . : rj
208 - 884 -5533 ..'; ;
-
SUBJECT : H-2024-0002 +1 , ' �� _ L .
Cole Valley Christian School — MDALL
� . �J '•. �j
_ _ 1
LOCATION: 7080 W. McMillan Rd. , in the NE '/a of
Section 29, Township 4N, , Range 1 W.
(Parcel #SO429427800)
• - �� f r . . r ' :
Illy N At h �
MM
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
IIIIN
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
hazards, flood plain , hillside)
Neighborhood meeting date 1 / 17/24
History (previous approvals) ROS #2713 ( 1993) and ROS # 14284 (2024)
Pagel
I
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 3/ l /24
property owners within 300 feet
Public hearing notice sign posted 3/ 13/24
on site
Nextdoor posting 3/4/24
V. STAFF ANALYSIS
The Findings of Fact, Conclusions of Law and Decision and Order associated with annexation (11-2023 -
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 .
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