Loading...
HomeMy WebLinkAboutEl Dorado CUP 01-037BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03/19/02 Revised 04/02/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR EL DORADO BUSINESS CAMPUS IN A C-C AND C-G ZONE, LOCATED AT THE SOUTHWEST CORNER OF E. OVERLAND RAOD AND S. EAGLE ROAD, MERIDIAN, IDAHO W.H. MOORE COMPANY, APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-01-037 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on March 19, 2002 at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, Jonathan Seal, Joseph Waters, Frank Harron, Chris McMasters, and Cornell Larsen, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 19, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one ~veek before said heating and the copies of all notices were made available to newspaper, radio and television stations as public service announce~nents; and the matter having been duly considered by the City Council at the March 19, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17- 5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 of Posting filed with the staff report. 3. This proposed development request is in an RUT zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at the southwest corner of E. Overland Road and S. Eagle Road, Meridian, Idaho. 5. The owner of record of the subject property is Kimball Properties Limited Partnership, Managing Partner: Winston H. Moore of Boise, Idaho. 6. Applicant is W. H. Moore Company of Boise, Idaho. 7. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to C-C and C-G before the City Council. The zoning districts of C-C and C-G are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application reqt~ests a conditional use permit for a planned development for a mix of uses such as office, retail, restaurants, and hotels/motels. The C-C and C-G zoning designations within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1 ). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT- z} A multi use pathway shall be constructed along the Ridenbaugh Canal. The Applicant shall work with the Parks Department to determine the location, dedication, maintenance, surfacing, landscaping, and other improvements associated with a Multi- use pathway. Ten copies of a revised site plan indicating the location, width, landscaping and associated improvements of the pathway(s) shall be submitted. The following standards shall apply to the multi use path: 1. A minimum 1 O-foot wide hard surface pathway shall be constructed by the Applicant; The pathway shall be constructed either within a permanent pedestrian easement in favor of the City of Meridian or within a separate common lot that is deeded to the City of Meridian; Said pedestrian easement or common lot shall connect to the public sidewalk adjacent to Eagle Road in the general area of the southeast comer of Lot 1, Block 1 and meander due west and terminate at the west subdivision boundary. The easement or common lot shall be at least 20 feet wide at its narrowest point and be 30 feet wide where building locations and topography will allow, and may, to the extent permitted by NMID, encroach upon that part of the Ridenbaugh Canal 100 feet right-of-way lying north of the canal maintenance road; A minimum 5-foot wide strip of landscaping or natural vegetation that creates a durable groundcover shall be provided between the fence and the south edge of pathway. Said vegetation may be provided either within the pedestrian easement or within NMID's easement; No solid fencing will be permitted on the north side of the pathway, between the buildings and the pathway, except as otherwise agreed upon in writing by the City; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 6. An open-vision fence shall be constructed on the south side of the pathway and north of the irrigation maintenance road, as close to the top of bani< as xvill be permitted by the Nampa Meridian Irrigation District; 7. The pathway and associated landscaping shall be improved prior to the first Certificate of Occupancy being issued south of Copper Point Drive or by the opening of the future city park west of E1 Dorado Business Campus Subdivision, whichever comes first. Buildings located on the properties adjacent to the Thousand Springs Subdivision (south property line) shall be restricted to a maximum of 35' feet to the top of the roof in height (as opposed to 40'). One building is permitted north of the stub road, along the west edge, prior to approved final plat. Bicycle racks shall be installed at all buildings used for office and retail use within the El-Dorado Subdivision. The applicant shall be responsible for reserving or dedicating an area within the development to be used for a future bus stop. Applicant shall coordinate the timing, size and location of the bus stop with the VIATrans staff and submit a letter to the P&Z Department prior to final approval of the perimeter landscaping plan. The proposed internal jogging path crosses through several parking lots within the subdivision. The pathway has been designed to cross though the parking lots by placing the pathway within the parking medians. The applicant shall provide a conceptual drawing of the pathways that are to be located within the medians. The design shall incorporate the required landscaping, the jogging path and other buffers, as needed, to eliminate vehicle overhang from interfering with the pathway. The drawing shall be submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 The project provides for two open spaces, jogging path and pedestrian pathway. The applicant comply with the demand of Nampa & Meridian Irrigation District that all laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 10. i1. 12. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 13. ¸14. be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Adopt the Recommendations of ACHD as follows: Special Recommendation to City of Meridian: 15. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. 16. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. 17. The Overland/Eagle Road and Meridian/Overland Road intersections operate at a Level of Service F (LOS F), and are listed as one of the 100 most critical intersections in Ada County. Access control within the operating area of the intersection is vital to the safe operations of the intersection. The subject site's additional traffic will exacerbate the traffic problems at these intersections. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 18. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service without modifications to Eagle Road and Overland Road, and the intersection. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 19. Dedicate 54 to 48:feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other reqtdred permits), whichever occurs first. 20. Dedicate 52 to 48-feet of right-of-way from the centefline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 21. Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2-feet within the new right-of-~vay. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 22. Construct a 5-foot wide detached concrete sidewalk on Overland Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of- way, provide an easement for the sidewalk. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 23. 24. 25. 26. 27. Construct the proposed driveway on Overland Road approximately 240-feet west of Eagle Road. This driveway meets District policy as a right-in/right-out driveway only and is approved with this application. The applicant shall coordinate with the Districts Traffic Services Division to determine a mean to restrict this driveway to a right-in/right- out driveway only (i.e. raised median, internal island, etc.). Construct the proposed driveway on Overland Road approximately 550-feet west of Eagle Road as a full-access driveway. This driveway meets District policy and is approved with this application. Construct the proposed public roadway access point located on Overland Road approximately 950-feet west of Eagle Road is a collector roadway. This location is granted a modification of policy and is approved with this application. Construct the proposed public roadway on Eagle Road approximately 700-feet south of Overland Road as a full-access roadway. This roadway meets District policy and is approved with this application. Construct the proposed driveway on Eagle Road located approximately 1,150-feet south of Overland Road. This driveway was granted as a modification of policy by the District's Commission on January 16, 2002. 28. Construct the proposed public roadway on Eagle Road approximately 1,700-feet south of Overland Road. This roadway meets District policy and is approved with this application. 29. Construct the proposed public roadway on Eagle Road approximately 2,400-feet south of Overland Road as a full access roadway. This roadway meets District policy and is approved with this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 30. Construct the proposed spine road with connections at Overland Road and Eagle Road, as proposed. This roadway shall be constructed as a 46-foot street section with curbs, 'gutters and sidewalks within 70-feet of right-of-way, as proposed. Parldng shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 31. Construct the proposed roadway on Eagle Road located approximately 1,700-feet south of Overland Road to align with the roadway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46-foot street section with curbs, gutters and sidewalks within 70-feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 32. Construct the proposed roadway on Eagle Road located approximately 700-feet south of Overland Road is proposed to offset a driveway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46- foot street section with curbs, gutters and sidewalks within 70- feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 33. Construct center mm lanes on Overland Road and Eagle Road for the proposed public street intersections and for all of the full access driveways. 34. Construct a left mm bay at the main entrance on Eagle Road. 35. Enter into a three way written agreement with the District for the cost and specific location of the traffic signal on Eagle Road. 36. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 1 37. maintained by a homeowners association. Notes of this shall be required on the final plat. Construct a stub street to the west property line. The applicant has proposed that the stub street be located approximately 450 feet north of the south property line. Staff is supportive of this location or any location that is located south of the proposed Lot 11. The applicant shall construct the stub street and provide a paved temporary turnaround at the west end of the stub street with a temporary easement provided to the District. The applicant shall be required to instal/a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround (if necessary) with District staff. 38. The turnarounds shall be constructed to provide a minimum turning radius of 55-feet. 39. Any existing irrigation facilities shall be relocated outside of the right-of-way. 40. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 41. 42. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Overland Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Meridian Fire Department Recommendations as follows: 43. A fire-flow consistent with Appendix III-A of the Uniform Fire Code shall be provided to service the entire project. Fire FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 hydrants shall be placed an average of 400' apart at approved locations. 44. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 45. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 46. Final approval for fire hydrant location shall be by the Meridian Fire Department. 47. All turning radii shall be a minimum of 28' inside and 48' outside. 48. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 49. The roadways shall be built to Ada County Highway standards. 50. Provide an approved turnaround on the West end of Goldstone Way or provide a connection to the adjacent project. Adopt the Recommendation of the Nampa & Meridian Irrigation District as follows: 51. Applicant shall apply for a land use change/site application, and all laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code §31-3805. Adopt the Recommendation of the Meridian Parks and Recreation as follows: 52. The pathway construction shall include a stop sign at Eagle Road, non-motorized vehicle signs, and vehicle restriction bollards at both ends of the path shall be required also. Any other access points that the vehicles could enter, 33-gallon FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 garbage receptacles should be installed on small concrete slabs every 300 to 400 feet. Adopt the Recommendations of the Central District Health Department as follows: 53. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 54. Run-off is not to create a mosquito breeding problem. 55. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 56. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 57. Applicant shall submit plans for review for any and all food establishments, swimming pools or spas, beverage establishments. Adopt the Recommendations of Sanitary Services as follows: 58. The complex will generate approximately 3.5 cubic yards per day. Applicant shall allow a minimum of 12' inside gate post clearance and a clear obstruction free drive on capability for an 8 cubic yard container. 13. That the site is large enough to accommodate the proposed use and all yards, open spaces, parMng, landscaping, and other features as may be required by this ordinance; it is found that the subject property is large enough to accommodate FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 the requested use and all other required features. 14. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; it is found that the current Comprehensive Plan Land Use Map designates the property as "Mixed Planned Development". The proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. 15. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and ~vith the existing or intended character of the general vicinity and that such use will not adversely change the essential character o the same area. 16. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; it is found that the proposed use would not adversely affect other properties in the general vicinity. 17. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, seWer or that the person responsible for the establishment of proposed Conditional use shall be able to provide adequately any such services. 18. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 economic welfare of the community. I9. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 20. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets. 21. 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. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Tide 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17- 3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. 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; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. 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, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. 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; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. 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. 5. Prior to granting a conditional use permit in the Community Business District (C-C) and General Retail and Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Tide. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a planned development for a mix of uses such as office, retail, restaturants, and hotels/motels in C-C and C-G zones located at the southwest corner of E. Overland Road and S. Eagle Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the follo~v'lng: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: i. A multi use pathway shall be constructed along the Ridenbaugh Canal. The Applicant shall work with the Parks Department to determine the location, dedication, maintenance, surfacing, landscaping, and other improvements associated with a Multi-use pathway. Ten copies of a revised site plan indicating the location, width, landscaping and associated improvements of the pathway(s) shall be submitted. The following standards shall apply to the multi use path: 1. A minimum 10-foot wide hard surface pathway shall be constructed by the Applicant; 2. The pathway shall be constructed either within a permanent pedestrian easement in favor of the City of Meridian or within a separate common lot that is deeded to the City of Meridian; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 o Said pedestrian easement or common lot shall connect to the public sidewalk adjacent to Eagle Road in the general area of the southeast corner of Lot 1, Block 1 and meander due west and terminate at the west subdivision boundary. The easement or common lot shall be at least 20 feet wide at its narrowest point and be 30 feet wide where building locations and topography will allow, and may, to the extent permitted by NMID, encroach upon that part of the Ridenbaugh Canal 100 feet right-of-way lying north of the canal maintenance road; A minimum 5-foot wide strip of landscaping or natural vegetation that creates a durable groundcover shall be provided between the fence and the south edge of pathway. Said vegetation may be provided either within the pedestrian easement or within NMID's easement; ,¸ No solid fencing will be permitted on the north side of the pathway, between the buildings and the pathway, except as otherwise agreed upon in writing by the City; An open-vision fence shall be constructed on the south side of the pathway and north of the irrigation maintenance road, as dose to the top of bank as will be permitted by the Nampa Meridian Irrigation District; The pathway and associated landscaping shall be improved prior to the first Certificate of Occupancy being issued south of Copper Point Drive or by the opening of the futttre city park west of E1 Dorado Business Campus Subdivision, whichever comes first. 2. Buildings located on the properties adjacent to the Thousand Springs Subdivision (south property line) shall be restricted to a maximum of 35' feet to the top of the roof in height (as opposed to 40'). One building is permitted north of the stub road, along the west edge, prior to approved final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 ! 3. Bicycle raclcs shall be installed at all buildings used for office and retail use within the El-Dorado Subdivision. The applicant shall be responsible for reserving or dedicating an area within the development to be used for a future bus stop. Applicant shall coordinate the timing, size and location of the bus stop with the VIATrans staff and submit a letter to the P&Z Department prior to final approval of the perimeter landscaping plan. The proposed intemal jogging path crosses through several parking lots within the subdivision. The pathway has been designed to cross though the parking lots by placing the pathway within the parking medians. The applicant shall provide a conceptual drawing of the pathways that are to be located within the medians. The design shall incorporate the required landscaping, the jogging path and other buffers, as needed, to eliminate vehicle overhang from interfering with the pathway. The drawing shall be submitted. The project provides for two open spaces, jogging path and pedestrian pathway. The applicant comply with the demand of Nampa & Meridian Irrigation District that all laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 9. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordhaance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 10.Off-street parldng shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1 l.Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12.A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 13.Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 14.All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporaDr signage, flags, banners or flashing signs shall be permitted. Adopt the Recommendations of ACHD as folloxvs: Special Recommendation to City of Meridian: 15. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Ahemative Transportation Program for employees and provide an annual report to ACHD on FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 23 employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. 16. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is fom~ed with a boundary that includes this site or is adjacent to this development. 17. The Overland/Eagle Road and Meridian/Overland Road intersections operate at a Level of Service F (LOS F), and are listed as one of the I00 most critical intersections in Ada County. Access control within the operating area of the intersection is vital to the safe operations of the intersection. The subject site's additional traffic will exacerbate the traffic problems at these intersections. 18. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service without modifications to Eagle Road and Overland Road, and the intersection. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 19. Dedicate 54 to 48-feet of tight-of-way from the centedine of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 24 20. 21. 22. 23. 24. 25. 26. Dedicate 52 to 48-feet of right-of-way from the centefline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. Construct a 5-foot wide detached concrete sidewalk on Overland Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of- way, provide an easement for the sidewalk. Construct the proposed driveway on Overland Road approximately 240-feet west of Eagle Road. This driveway meets District policy as a right-in/right-out driveway only and is approved with this application. The applicant shall coordinate with the Districts Traffic Services Division to determine a mean to restrict this driveway to a right-in/right- out driveway only (i.e. raised median, internal island, etc.). Construct the proposed driveway on Overland Road approximately 550-feet west of Eagle Road as a full-access driveway. This driveway meets District policy and is approved with this application. Construct the proposed public roadway access point located on Overland Road approximately 950-feet west of Eagle Road is a collector roadway. This location is granted a modification of policy and is approved with this application. Construct the proposed public roadway on Eagle Road approximately 700-feet south of Overland Road as a full-access FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 25 27. 28. 29. 30. 31. 32. roadway. This roadway meets District policy and is approved with this application. Construct the proposed driveway on Eagle Road located approximately 1,150-feet south of Overland Road. This driveway was granted as a modification of policy by the District's Commission on January 16, 2002. Construct the proposed public roadway on Eagle Road approximately 1,700-feet south of Overland Road. This roadway meets District policy and is approved with this application. Construct the proposed public roadway on Eagle Road approximately 2,400-feet south of Overland Road as a full access roadway. This roadway meets District policy and is approved with this application. Construct the proposed spine road with connections at Overland Road and Eagle Road, as proposed. This roadway shall be constructed as a 46-foot street section with curbs, gutters and sidewalks within 70-feet of right-of-way, as proposed. Parldng shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. Construct the proposed roadway on Eagle Road located approximately 1,700-feet south of Overland Road to align with the roadway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46-foot street section with curbs, gutters and sidewalks within 70-feet of right-of-way. Parkh~g shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. Construct the proposed roadway on Eagle Road located approximately 700-feet south of Overland Road is proposed to offset a driveway that was approved with the Silverstone FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 26 33~ 34. 35. 36. 37. 38. Corporate Center. This roadway shall be constructed as a 46- foot street section with ctzrbs, gutters and sidewalks within 70- feet of right-of-way. Parldng shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. Construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for all of the full access driveways. Construct a left turn bay at the main entrance on Eagle Road. Enter into a three way written agreement with the District for the cost and specific location of the traffic signal on Eagle Road. Any proposed landscape islands/medians within the public fight-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. Construct a stub street to the west property line. The applicant has proposed that the stub street be located approximately 450 feet north of the south property line. Staff is supportive of this location or any location that is located south of the proposed Lot 11. The applicant shall construct the stub street and provide a paved temporary turnaround at the ~vest end of the stub street with a temporary easement provided to the District. The applicant shall be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround (if necessary) with District staff. The turnarounds shall be constructed to provide a minimum turning radius of 55-feet. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 27 39. Any existing Lrrigation facilities shall be relocated outside of the fight-of-way. 40. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 41. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 42. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Overland Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Meridian Fire Department Recommendations as follows: 43. A fire-flow consistent with Appendix III-A of the Uniform Fire Code shall be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 44. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 45. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 46. Final approval for fire hydrant location shall be by the Meridian Fire Department. 47. All turning radii shall be a minimum of 28' inside and 48' outside. 48. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 49. The roadways shall be built to Ada County Highway standards. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 28 50. Provide an approved turnaround on the West end of Goldstone Way or provide a connection to the adjacent project. Adopt the Recommendation of the Nampa & Meridian Irrigation District as follows: 51. ApPlicant shall apply for a land use change/site application, and all laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code §31-3805. Adopt the Recommendation of the Meridian Parks and Recreation as follows: 52. The pathway construction shall include a stop sign at Eagle Road, non-motorized vehicle signs, and vehicle restriction bollards at both ends of the path shall be required also. Any other access points that the vehicles could enter, 33-gallon garbage receptacles should be installed on small concrete slabs every 300 to 400 feet. Adopt the Recommendations Department as follows: 53. of the Central District Health The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 54. Run-off is not to create a mosquito breeding problem. 55. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 56. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 9 57. system that prevents groundwater and surface water degradation. Applicant shall submit plans for review for any and all food swimming pools or spas, beverage establishments, establishments. Adopt the Recommendations of Sanitary Services as follows: 58. The complex will generate approximately 3.5 cubic yards per day. Applicant shall allow a minimum of 12' inside gate post clearance and a dear obstruction free drive on capability for an 8 cubic yard container. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit 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 Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 30 or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2 h/Z/ day of ~ ., 2002. ROLL CALL: COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS VOTED VOTED VOTED COUNCILMAN WILLIAM L.M. NARY VOTED___~ MAYOR ROBERT D. CORRIE (TIE BREAICER) DATED: 4~g'-O ~ VOTED -'"--- MOTION: /'7)0ASh ~ APPROVED ~1[~~ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. B "C~t~r Clerk ' ~/ '! ~4i Z:\WorkVvlkMeridianVderidian 15360N1~1 Dorado Bus Campus AZ01-018 PP01-020 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ORDER GRANTING CONDITIONAL USE PERMIT - 31 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03/19/02 Revised 04/02/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR EL DORADO BUSINESS CAMPUS IN A C-C AND C-G ZONES, LOCATED AT THE SOUTHWEST CORNER OF E. OVERLAND ROAD AND S. EAGLE ROAD, MERIDIAN, IDAHO W.H. MOORE COMPANY, APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-01-037 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the March 19, 2002, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a planned development for a mix of uses such as office, retail, ORDER CONDITIONAL USE PERMIT - 1 (CUP-01-037) restaurants, and hotels/motels in a C-C and C-G zones located at the southwest corner of E. Overland Road and S. Eagle Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. A multi use pathway shall be constructed along the Ridenbaugh Canal. The Applicant shall work with the Parks Department to determine the location, dedication, maintenance, surfacing, landscaping, and other improvements associated with a Multi- use pathway. Ten copies of a revised site plan indicating the location, width, landscaping and associated improvements of the pathway(s) shall be submitted. The following standards shall apply to the multi use path: A minimum 10-foot wide hard surface pathway shall be constructed by the Applicant; The pathway shall be constructed either within a permanent pedestrian easement in favor of the City of Meridian or within a separate common lot that is deeded to the City of Meridian; Said pedestrian easement or common lot shall connect to the public sidewalk adjacent to Eagle Road in the general area of the southeast corner of Lot 1, Block 1 and meander due west and terminate at the west subdivision boundary. The easement or common lot shall be at least 20 feet wide at its narrowest point and be 30 feet wide where building locations and topography will allow, and may, to the extent permitted by NMID, encroach upon that part of the Ridenbaugh Canal I00 feet fight-of-way lying north of the canal maintenance road; A minimum 5-foot wide strip of landscaping or natural vegetation that creates a durable groundcover shall be ORDER CONDITIONAL USE PERMIT (CUP-01-037) -2 provided between the fence and the south edge of pathway. Said vegetation may be provided either within the pedestrian easement or within NMID's easement; No solid fencing will be permitted on the north side of the pathway, between the buildings and the pathway, except as otherwise agreed upon in writing by the City; An open-vision fence shall be constructed on the south side of the pathway and north of the irrigation maintenance road, as close to the top of bank as will be permitted by the Nampa Meridian Irrigation District; The pathway and associated landscaping shall be improved prior to the first Certificate of Occupancy being issued south of Copper Point Drive or by the opening of the future city park west of E1 Dorado Business Campus Subdivision, whichever comes first. Buildings located on the properties adjacent to the Thousand Springs Subdivision (south property line) shall be restricted to a maximum of 35' feet to the top of the roof in height (as opposed to 40'). One building is permitted north of the stub road, along the west edge, prior to approved final plat. Bicycle racks shall be installed at all buildings used for office and retail use within the El-Dorado Subdivision. The applicant shall be responsible for resevfing or dedicating an area within the development to be used for a future bus stop. Applicant shall coordinate the timing, size and location of the bus stop with the VIATrans staff and submit a letter to the P&Z Department prior to final approval of the perimeter landscaping plan. The proposed internal jogging path crosses through several parking lots within the subdivision. The pathway has been designed to cross though the parking lots by placing the pathway within the parking medians. The applicant shall ORDER CONDITIONAL USE PERMIT (CUP-OI-037) -3 10. 11. provide a conceptual drawing of the pathways that are to be located within the medians. The design shall incorporate the required landscaping, the jogging path and other buffers, as needed, to eliminate vehicle overhang from interfering with the pathway. The drawing shall be submitted. The project provides for two open spaces, jogging path and pedestrian pathway. The applicant comply with the demand of Nampa & Meridian Irrigation District that all laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Any existing irrigation/drainage ditches Crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development ORDER CONDITIONAL USE PERMIT (CUP-O1-037) -4 Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 13. Outside lighting shall be designed and placed so as not to direct illumh~ation on any nearby residential areas and in accordance with City Ordinance. 14. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Adopt the Recommendations of ACHD as follows: Special Recommendation to City of Meridian: 15. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. 16. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. 17. The Overland/Eagle Road and Meridian/Overland Road intersections operate at a Level of Service F (LOS F), and are listed as one of the 100 most critical intersections in Ada ORDER CONDITIONAL USE PERMIT (CUP-01-037) -5 County. Access control within the operating area of the intersection is vital to the safe operations of the intersection. The subject site's additional traffic will exacerbate the traffic problems at these intersections. 18. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service without modifications to Eagle Road and Overland Road, and the intersection. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 19. Dedicate 54 to 48-feet of fight-of-way from the centefline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 20. Dedicate 52 to 48-feet of fight-of-way from the centefline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 21. Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 22. Construct a 5-foot wide detached concrete sidewalk on Overland Road located 2-feet within the new fight-of-way. Coordinate the location and elevation of the sidewalk with ORDER CONDITIONAL USE PERMIT (CUP-01-037) -6 23. 24. 25. 26. 27. District staff. If the sidewalk meanders outside of the right-off way, provide an easement for the sidewalk. Construct the proposed driveway on Overland Road approximately 240-feet west of Eagle Road. This driveway meets District policy as a right-in/right-out driveway only and is approved with this application. The applicant shall coordinate with the Districts Traffic Services Division to determine a mean to restrict this driveway to a right-in/right- out driveway only (i.e. raised median, internal island, etc.). Construct the proposed driveway on Overland Road approximately 550-feet west of Eagle Road as a full-access driveway. This driveway meets District policy and is approved with this application. Construct the proposed public roadway access point located on Overland Road approximately 950-feet west of Eagle Road is a collector roadway. This location is granted a modification of policy and is approved with this application. Construct the proposed public roadway on Eagle Road approximately 700-feet south of Overland Road as a full-access roadway. This roadway meets District policy and is approved with this application. Construct the proposed driveway on Eagle Road located approximately 1,150-feet south of Overland Road. This driveway was granted as a modification of policy by the District's Commission on January 16, 2002. 28. Construct the proposed public roadway on Eagle Road approximately 1,700-feet south of Overland Road. This roadway meets District policy and is approved with this application. 29. Construct the proposed public roadway on Eagle Road approximately 2,400-feet south of Overland Road as a full ORDER CONDITIONAL USE PERMIT (CUP-01-037) -7 30. 31. 32. 33. 34. 35. access roadway. This roadway meets District policy and is approved with this application. Construct the proposed spine road with connections at Overland Road and Eagle Road, as proposed. This roadway shall be constructed as a 46-foot street section with curbs, gutters and sidewalks within 70-feet of right-of-way, as proposed. Parldng shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. Construct the proposed roadway on Eagle Road located approximately 1,700-feet south of Overland Road to align with the roadway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46-foot street section with curbs, gutters and sidewalks within 70-feet of right-of-way. Parldng shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. Construct the proposed roadway on Eagle Road located approximately 700-feet south of Overland Road is proposed to offset a driveway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46- foot street section:with curbs, gutters and sidewalks within 70- feet of right-of-way. Parldng shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. Construct center mm lanes on Overland Road and Eagle Road for the proposed public street intersections and for all of the full access driveways. Construct a left turn bay at the main entrance on Eagle Road. Enter into a three way written agreement with the District for the cost and specific location of the traffic signal on Eagle Road. ORDER CONDITIONAL USE PERMIT (CUP-01-037) -8 36. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 37. Construct a stub street to the west property line. The applicant has proposed that the stub street be located approximately 450 feet north of the south property line. Staff is supportive of this location or any location that is located south of the proposed Lot 11. The applicant shall construct the stub street and provide a paved temporary turnaround at the west end of the stub street with a temporary easement provided to the District. The applicant shall be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround (if necessary) with District staff. 38. The turnarounds shall be constructed to provide a minimum turning radius of 55-feet. 39. Any existing irrigation facilities shall be relocated outside of the right-of-way. 40. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 41. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 42. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Overland Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Meridian Fire Department Recommendations as follows: ORDER CONDITIONAL USE PERMIT (CUP-01-037) -9 43. A fire-flow consistent with Appendix III-A of the Uniform Fire Code shall be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 44. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 45. Acceptance of water supply for fire protection is contingent upon acceptance of the ~vater system by the City of Meridian. 46. Final approval for fire hydrant location shall be by the Meridian Fire Department. 47. All turning radii shall be a minimum of 28' inside and 48' outside. 48. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 49. The roadways shall be built to Ada County Highway standards. 50. Provide an approved tumaromrd on the West end of Goldstone Way or provide a connection to the adjacent project. Adopt the Recommendation of the Nampa & Meridian Irrigation District as follows: 51. Applicant shall apply for a land use change/site application, and all laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must revie~v drainage plans. The developer must comply with Idaho Code §31-3805. Adopt the Recommendation of the Meridian ParLs and Recreation as follows: 52. The pathway construction shall include a stop sign at Eagle Road, non-motorized vehicle signs, and vehicle restriction bollards at both ends of the path shall be required also. Any ORDER CONDITIONAL USE PERMIT (CUP-01-037) -10 other access points that the vehicles could enter, 33-gallon garbage receptacles should be installed on small concrete slabs every 300 to 400 feet. Adopt the Recommendations of the Central District Health Department as follows: 53. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 54. Run-off is not to create a mosquito breeding problem. 55. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 56. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. 57. Applicant shall submit plans for review for any and all food establishments, swimming pools or spas, beverage establishments. Adopt the Recommendations of Sanitary Services as follows: 58. The complex will generate approximately 3.5 cubic yards per day. Applicant shall allow a minimum of 12' inside gate post clearance and a dear obstruction free drive on capability for an 8 cubic yard container. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. ORDER CONDITIONAL USE PERMIT (CUP-01-037) -11 Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the day of ~ ,2002. rt~ ). Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Worl~ Department and City Attorney. City Clerk Dated: Z:\Work~ViLMeridian'gVleridian 15360M~1 Dorado Bus Campus AZ01-018 PP01-020 CUPOl-037\OrderCk ORDER CONDITIONAL USE PERMIT (CUP-01-037) - 12