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HomeMy WebLinkAboutSilverstone CUP 03-044BEFORE THE CITY COUNCIL, OF THE CITY OF MERIDIAN C/C 11/05/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT IN A PROPOSED C-G ZONE FOR THE PROPOSED SILVERSTONE BUSINESS CAMPUS, LOCATED ON THE SOUTH SIDE OF EAST OVERLAND ROAD, APPROXIMATELY'/a MILE EAST OF SOUTH EAGLE ROAD (EAST OF SILVERSTONE CORPORATE CENTER), MERIDIAN, IDAHO SUNDANCE INVESTMENTS, APPLICANT Case No. CUP-03-044 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 November 5, 2003 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, and Cornel Larson, 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, 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 AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 29 FINDINGS OF FACT 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 November 5, 2003, before the City Council, the first publicaton 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 week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the November 5, 2003, 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 of Posting filed with the staff report. This proposed development request is in a C-G (General Retail and Service Commercial) 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 on the south side of East Overland Road, approximately'/ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTl'IONAL USE PERMIT PAGE 2 OF 29 mile east of South Eagle Road, (east of Silverstone Corporate Center), Meridian, Idaho, and the parcel is contiguous to existing city limits. 5. The owner of record of the subject property is Sundance Investments, 9100 W. Blackeagle Drive, Boise, Idaho. 6. Applicant is same as owner. 7. The subject property is currently zoned C-G (General Retail and Service Commercial). The zoning districts of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a Planned Development consisting of 49 new commercial lots and 4 common lots on 80.51 acres in a proposed C-G zone for Silverstone Business Campus. The C-G zoning designation requires that a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Code, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Mixed Use-Regional. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTPIONAL USE PERMIT PAGE 3 OF 29 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: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The Applicant shall add a minimum of 7,485 square feet of open space within the development if the ten (10) percent gross area open space is to be eligible as an amenity of the Planned Development. If this area is not added, a second amenity shall be provided and approved by the City Council. 2. The ACHD stormwater detention pond lot shall be designed as active open space, subject to ACHD's approval. 3. The hours of operation for all places of business that are located within Special Use Area "A" shall be limited to the hours of 6:OOam through 7:OOpm. 4. The Applicant's request to allow supplemental uses of the Michael's of Oregon business to be expanded into Silverstone Business Campus as permitted uses (see Exhibit C, page 5) is approved. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONAL USE PERMIT SITE SPECIFIC CONDITIONS 1. The Silverstone Business Campus Planned Development shall comply with all conditions approved as part of File No. PP-03-018 (Silverstone Business Campus preliminary plat) and File No. AZ-03-016 (Silverstone Business Campus annexation). 2. Exhibit "C" of the application shall be amended as follows: a. Permitted uses (page 1 and 2): Delete "Utility Facility -Major" and require this use only through the conditional use process; b. "Special Use Area - A" (page 2): The permitted use labeled as "Construction Business (Contractor's Shop and Yard)" shall now be labeled as "Construction FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERIVIIT PAGE 4 OF 29 Business (Contractor's Warehouse/Office)" and defined as a place ofbusiness which allows the outdoor storage ofmaterials that are incidental to the indoor business use, excluding all heavy equipment, contractor's equipment (e.g. backhoes) and demolition storage. Any outdoor storage yards shall be fenced and comply with the Zoning Ordinance standards in effect at the time. a "Special Use Area - A" (page 3): Add a qualifier to "Manufacturing" to restrict to indoor operations only; d. "Special Use Area- A" (page 3): Limit "Public Utility Yard" to minor public utilities, as defined by MCC 11-2-2; 3. Bicycle racks shall be installed at all buildings used for office and retail uses within the Silverstone Business Campus Subdivision. 4. The Planning and Zoning Department is hereby granted authority to approve modificafions to the original Master Site Plan (where Topaz Ave. is straight) that conform to either Site Plan #2 ('topaz Ave. is curved), Site Plan #3 (Copper Point Dr. is realigned to the north), or other modifications as permitted under MCC 11-17-10. However, a new Preliminary Plat application must be submitted if Site Plan #3 or other major modifications to the approved Preliminary Plat (see PP-03-018) are made in the future. (Per action of the City Council taken at their November 5, 2003 meeting.) As permitted under MCC 12-3-6 and MCC 12-6, the applicant may choose to phase the construction of this development. Each phase must comply with the approved Preliminary Plat and Planned Development, as described above. Ifthe phasing plan does not incorporate Copper Point Dr. in the first phase (e.g. only the northern portion of the development), a temporary fire access road, as approved by the Meridian Fire Department, shall be constructed to connect Topaz Avenue and S. Jade Avenue. (Per action of the City Council taken at their November 5, 2003 meeting.) 5. 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 Va1leyRide staff and submit a letter verifying said coordination to the P&Z Department prior to fmal approval of the perimeter landscaping plan. 6. The following amenities are required as part of the planned development: a public, multi-use pathway on the south side of the Eight Mile Drain (approximately 3,500 feet long) and three, common, open space lots. The total amount of open space within the subdivision shall equal at least 8.05 acres, or 350,658 square feet. At least ten (10) days prior to the next public hearing, the Applicant shall revise the conceptual masterplan to demonstrate how this open space requirement will be met or provide an additional amenity to be approved by the Commission and Council. STANDARD CUP/PD CONDITIONS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 5 OF 29 1. 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 will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confinnafion of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to 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. 3. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. 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. 5. 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. 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 7. 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 will be permitted. C. Adopt the Recommendations of ACHD as follows: SITE SPECIFIC CONDTI'IONS OF APPROVAL 1. The Board of Commissioners authorizes the expenditure of available collected impact fees, or other District funds, if available, for the purchase ofright-of--way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donafion (or through a development offset ageement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additiona123-feet ofright-of--way along Overland Road, and construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41-feet from the centerline of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMTT PAGE 6 OF 29 right-of--way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41-feet from the centerline of the right-of--way, in an easement provided to the District. c. Provide a road trust deposit in the amount of $26,660.00 to be used for future sidewalk construction along the applicant's property. 2. Construct a commercial roadway that intersects Overland Road approximately 400-feet east of Silverstone Way to align with Jade Avenue, as proposed. 3. Construct a commercial roadway that intersects Overland Road approximately 1,150-feet east of Silverstone Way to align with Topaz Avenue, as proposed. *****The applicant has proposed to construct the internal roadways as commercial roadways. The proposed street section will accommodate for vehicular traffic that is anticipated to be generated by this site. It appears that the City's comprehensive plan wishes to have bike lanes atlnear the half-mile. The commercial street section that is proposed will not accommodate for bike lanes. If the City requires the applicant to construct the roadway as a collector, the City should require the roadways to be constructed as 46-foot street section within 70-feet of right-of- way. This would allow for 3-traffic lanes with curb, gutter, bike lanes and a detached 5- foot sidewalk. 4. Construct the internal roadways as 40-foot street sections with curb, gutter and 5- foot concrete sidewalk within 54-feet ofright-of--way, as proposed. 5. Extend an existing stub street (Copper Point Way) from the west property line approximately 160-feet north of the south property line, as proposed. 6. Extend Copper Point Way as a stub street to the east property line approximately 305-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Extend Knapp Avenue from the south property line. 8. If the applicant would like a third access point to Overland Road, construct a 35- foot wide shared driveway that intersects Overland Road approximately 600-feet west of the east property line and aligns with the existing driveway at 3820 Overland Road. 9. If the applicant develops before the Overland Road project, construct a center turn lane for ALL of the approved access points that intersect Overland Road. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure direcfions. Coordinate the design of the turn lane with District staff. Dedicate sufficient FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 7 OF 29 right-of--way to accommodate for the tum lanes that have been identified by the traffic impact study. 10. Construct right-tum lanes for ALL of the approved access points that intersect Overland Road, as they become warranted. Coordinate the design of the taper with District staff: Dedicate sufficient right-of--way to accommodate for the tum lanes that have been identified by the traffic impact study. * *The applicant is required to provide a financial surety for the construction of the right turn lanes on Overland Road. Once the turn lanes have been constructed or the District has entered into a contract for the construction of this segment of Overland Road, the financial surety will be released. 11. Identify and complete the proposed wetlands mitigation that was proposed as a part of the Silverstone Corporate Center Subdivision in accordance with the wetlands mitigation permit that was issued by the United States Army Corps of Engineers. 12. Provide the District with a parcel that is equal to and greater in value and size than the previous parcel. 13. Provide the District with drainage calculations and drawings showing that the newly proposed pond will have a capacity that is equal to or greater in storage area than the previous parcel and will function at a level that is equal to or greater than what the District had originally designed. 14. Install an adequately sized drainage pipe that will extend from the proposed drainage pond to Overland Road through the Topaz Avenue right-of--way. 15. Provide the District with sufficient access to the site by providing the District by providing public road frontage and a permanent easement through the adjoining parking lot for additional access to the pond. 16. If the applicant chooses to landscape the drainage pond, the applicant shall obtain a license agreement for all landscaping that is proposed within the District'sright-of--way, drainage pond or easement. The applicant is required to have all landscape and sprinkler plans reviewed and approved by the ACRD Drainage Division. 17. Other than the access points that have specifically been approved with this application, direct lot or parcel access to Overland Road is prohibited. Notes of this are required to be placed on the final plat. 18. Comply with all Standazd Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 8 OF 29 STANDARD CONDITIONS OF APPROVAL Any existing irrigation facilities shall be relocated outside oftheright-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387- 6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair exisfing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the teens and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMIT PAGE 9 OF 29 upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restricfions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject propertyunless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That afire-flow as required by the Intemational Fire Code shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locafions shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combusfible vegetafion per section 1103.2.4 of the Uniform Fire Code. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 8. No vertical obstructions or mature landscaping which obstructs the outlets of the fire hydrant within 10'. 9. All building uses and processes to comply with the International Fire Code. 10. A 20' wide fire lane shall be maintained around all proposed buildings. 11. A vertical clearance of 13' 6" shall be maintained over fire lanes, this may affect mature trees. E. Adopt the Recommendations of Central District Health Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTl'IONAL USE PERMIT PAGE 10 OF 29 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. 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. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. 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. F: Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: Submit a Land Use Change Application to the Irrigation District prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's Eight Mile Drain courses through this project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any, construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review the drainage plans. 5. The developer must comply with Idaho Code 31-3805. G. Adopt the Recommendations of the Parks Department as follows: 1. Build the pathway to the recommended Pathway Standards. 2. Outdoor recreational areas considered under Special Use Area "B" approved uses, recommended to be coordinated with the Parks and Recreation Comprehensive Plan, if considered. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMTP PAGE 11 OF 29 13. It is found that the subject property is lazge enough to accommodate most of the uses allowed in the C-G zone. There were two conceptual site plans submitted with the application that demonstrate potential lot layouts and circulation patterns within the approved preliminary plat. These plans demonstrate that retail, office and warehouse uses could all be accommodated in various configurations within the development. 14. It is found that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use -Regional." The purpose of this designation is "to provide for a combination of compatible land uses that are typically developed under a master or conceptual plan...and to identify key areas [of the City] which aze either infill in nature or situated in highly visible or transitioning azeas of the City where innovative and flexible design opportunities aze encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." (See Chapter VII, pg. 97.) The requested C-G zoning generally conforms to this stated purpose and intent of the MU-Regional designation. • "Locate new community commercial azeas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Obj. B, #5) Silverstone proposed has frontage on Overland Road, a principal arterial roadway. If uses adjacent to the future residential land to the east are controlled either through a PD or zoning, this development would complement adjoining residential areas. • "Require screening and buffering of commercial and industrial properties and residential use with transitional zoning." (Chapter VII, Goal IV., Obj. A, #6) Transitional zoning is not proposed by the applicant but is being recommended by staff. • "Permit new...commercial...developments onlywhere urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter N, Goal I, Obj. A, #6) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTfIONAL USE PERNIIT PAGE 12 OF 29 Silverstone proposed is contiguous to existing city limits and sanitary sewer, water and other urban utilities can be extended to meet the needs of the development. • "Encourage high-tech, research, pharmaceutical firms and high-quality retail facilities." (Chapter N, Goal II, Obj. A) "Develop City pathway to connect Meridian with Boise." (Chapter VI, Goal III, Obj. A, #12) "Preserve and conserve our waterways, wetlands, wildlife habitat and other natural resources: ' (Chapter V, Goal I, Obj. A) 15. It is found, after review of the applicant's list of proposed uses (Exhibit C of applicafion), that they are almost identical to the uses approved for Silverstone-approved to the west. The majority ofthese uses would be designed and operated in a manner consistent with Silverstone- approved and with the existing C-G zoning to the south. Additionally, there are several C-G uses, including manufacturing, warehouses, and utility centers that are found that may not be harmonious with future residential to the east. However, the applicant has attempted to address this concern through the creation of "Special Use Areas." It is also found that the following proposed uses in Exhibit C would be prohibited unless otherwise approved under the subject PD application Bottling & Distribution Plant Electrical Equipment, Products Laboratories (medical, dental, optical) Molded Plastic Product Vocational, Trade, Industrial School Fabricated Metal Products Club, Lodge, Social Hall Hospitals Medical Research Facilities Seed and Gazden Supply Packaging Facilities Industrial Research Machine Shop Office Machines Public Utility Yards Small Machinery & Component Parts Woodworking Shop Bulk Storage: Flammable Liquids/Gasses Residential 16. It is found that the majority ofthe proposed uses will not adversely affect existing or future neighboring uses if all development and landscaping standards and ordinances aze exercised. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 13 OF 29 Of the proposed uses in Special Use Area "A," it is found that the following three uses could adversely affect future residential properties, depending upon the future users and their hours of operation: Contractor's Shop and Yard Manufacturing Public Utility Yards MCC 11-12-3.E, requires that all contractor's ,yards be located a minimum distance of 300 feet from any residence. No lot on the east side of S. Topaz Avenue has a depth greater than 272 feet. Therefore, since variances cannot be granted for land uses, it is found that contractor's yards should be removed from allowable uses within Special Use Area "A" as they would violate this ordinance. The impact of manufacturine uses depends lazgely upon whether the use is operated fully within enclosed structures or if it involves external uses. It is recommended that any manufacturing within this area be restricted to indoor operations only. Public utilitXyards aze not specifically defined by Meridian's code. MCC 11-2-2 does define "Public Utility Facility, Major" and "Public Utility Facility, Minor." The "major" category includes uses like power substations, water storage reservoirs, etc. The "minor" category includes uses like small wells and pump houses." It is recommended that this use in Special Use Area "A" be limited to minor public utilities, as defined by MCC 11-2-2. 17. It is found that roadway improvements will be required to handle the additional traffic generated by this development. The applicant is working with ACRD to potentially expedite the expansion of Overland Road. ACHD and the Applicant aze working together to determine the extent of the required improvements. All other public services and facilities appear to be adequate to service this property. 18. It is found that this development will not cause excessive additional requirements at public cost. The improvements will be funded and constructed by the developer. 19. It is found that several of the proposed uses for Silverstone-proposed will involve activities, processes, materials, equipment or conditions that could produce excessive traffic, and noise, and have other public impacts. MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of some uses such as fire hazards, bulk storage, and contractor's yazds. However, it is found that FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTPIONAL USE PERMTT PAGE 14 OF 29 other potential impacts may not be adequately addressed by the Zoning or Subdivision Ordinance. Some of the proposed uses would require a CUP, which would allow for mitigation standazds to be addressed at that time. To comply with this finding, the following use shall be changed from a permitted use to a conditional use: "Utility Facility -Major." 20. It is found that the proposed uses will impact the level and flow of traffic on the surrounding streets. By 2010, the Traffic Impact Studyprepazed by EarthTech estimates Silverstone- proposed to generate an average of 10,107 new vehicle trips per day (819 vph at AM peak and 1,069 vph at PM peak). Of these 10,107 trips, an estimated 6,310 would be external and 3,797 would be internal/captured. If all roadway improvements shown by the developer and in EarthTech's report are made, the studynotes that Eagle and Overland Roads in the vicinity of this site are projected to have adequate capacity to operate at LOS D (see page 22 of EarthTech report). In accordance with Comp Plan policy #12 (pg. 79) and policy #2 (pg.107), it is found that the number of vehiculaz access points to Overland Road should be restricted and comply with ACHD policies in order to preserve the capacity and movement on Overland Road at build-out. 21. It is found that the Eight Mile Drain and mitigated wetlands area exist on the property and must be protected. Some of the proposed uses listed in the application could cause some damage to these natural features if not adequately controlled and/or managed (e.g. bulk storage offlammable liquids, contractor's yazds, public utility yards, etc.). 22. The City Council recognizes the concerns of Edward J. Thomas in his letter stamped RECEIVED OCT 31 2003 City of Meridian City Clerk Office. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMTl' PAGE 15 OF 29 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, Title 67, Idaho Code (LC. §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. 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 maybe 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 16 OF 29 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; 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 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 Title. 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 beheld 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 the public hearing the Commission shall, transmit its recommendations to the Meridian City Council FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 29 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) 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 Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNLIT PAGE 18 OF 29 AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the above named applicant is granted a conditional use permit for a Planned Development consisting of 49 new commercial lots and 4 common lots on 80.51 acres in a proposed C-G zone for Silverstone Business Campus, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: The Applicant shall add a minimum of 7,485 square feet of open space within the development if the ten (10) percent gross area open space is to be eligible as an samenity of the Planned Development. If this area is not added, a second amenity shall be provided and approved by the City Council. 2. The ACHD stonnwater detention pond lot shall be designed as active open space, subject to ACHD's approval. 3. The hours of operation for all places of business that are located within Special Use Area "A" shall be limited to the hours of 6:OOam through 7:OOpm. 4. The Applicant's request to allow supplemental uses of the Michael's of Oregon business to be expanded into Silverstone Business Campus as permitted uses (see Exhibit C, page 5) is approved. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONAL USE PERMIT SITE SPECIFIC CONDTl'IONS The Silverstone Business Campus Planned Development shall comply with all conditions approved as part of File No. PP-03-018 (Silverstone Business Campus preliminary plat) and File No. AZ-03-016 (Silverstone Business Campus annexafion). 2. Exhibit "C" of the application shall be amended as follows: a. Permitted uses (page 1 and 2): Delete "Utility Facility- Major" and require this use only through the conditional use process; b. "Snecial Use Area - A" (page 2): The permitted use labeled as "Construction Business (Contractor's Shop and Yard)" shall now be labeled as "Construction FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 29 Business (Contractor's Warehouse/Office}"and defined as aplace ofbusiness which allows the outdoor storage ofmaterials that are incidental to the indoor business use, excluding all heavy equipment, contractor's equipment (e.g. backhoes) and demolition storage. Any outdoor storage yards shall be fenced and comply with the Zoning Ordinance standards in effect at the time. o. "Special Use Area - A" (page 3): Add a qualifier to "Manufacturing" to restrict to indoor operations only; d. "Special Use Area - A" (page 3): Limit "Public Utility Yard" to minor public utilities, as defined by MCC 11-2-2; 3. Bicycle racks shall be installed at all buildings used for office and retail uses within the Silverstone Business Campus Subdivision. 4. The Planning and Zoning Department is hereby granted authority to approve modifications to the original Master Site Plan (where Topaz Ave. is straight) that conform to either Site Plan #2 (Topaz Ave. is curved), Site Plan #3 (Copper Point Dr. is realigned to the north), or other modifications as permitted under MCC 11- 17-10. However, a new Preliminary Plat application must be submitted if Site Plan #3 or other major modifications to the approved Preliminary Plat (see PP-03- 018) are made in the future. (Per action of the City Council taken at their November 5, 2003 meeting.) As permitted under MCC 12-3-6 and MCC 12-6, the applicant may choose to phase the construction of this development. Each phase must comply with the approved Preliminary Plat and Planned Development, as described above. If the phasing plan does not incorporate Copper Point Dr. in the first phase (e.g. only the northern portion of the development), a temporary fire access road, as approved by the Meridian Fire Department, shall be constructed to connect Topaz Avenue and S. Jade Avenue. (Per action of the City Council taken at their November 5, 2003 meeting.) 5. 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 Va1leyRide staff and submit a letter verifying said coordination to the P&Z Department prior to final approval of the perimeter landscaping plan. 6. The following amenities are required as part of the planned development: a public, multi-use pathway on the south side of the Eight Mile Drain (approximately 3,500 feet long) and three, common, open space lots. The total amount of open space within the subdivision shall equal at least 8.05 acres, or 350,6$8 square feet. At least ten (10) days prior to the next public hearing, the Applicant shall revise the conceptual master plan to demonstrate how this open space requirement will be met or provide an additional amenity to be approved by the Commission and Council. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 20 OF 29 STANDARD CUP/PD CONDITIONS 1. 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 will need to 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. 2. Any existing domestic wells and/or septic systems within this project will have to 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. 3. Off-street pazking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. 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. 5. 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 pazking 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. 6. Outside lighting shall be designed and placed so as not to direct illumination on any neazby residential areas and in accordance with City Ordinance. 7. 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 will be permitted. C. Adopt the Recommendations of ACHD as follows: SITE SPECIFIC CONDITIONS OF APPROVAL The Board of Commissioners authorizes the expenditure of available collected impact fees, or other District funds, if available, for the purchase ofright-of--way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additiona123-feet ofright-of--way FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 29 along Overland Road, and construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41-feet from the centerline of the right-of--way. b. Do not dedicate addifional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41-feet from the centerline of the right-of--way, in an easement provided to the District. c. Provide a road trust deposit in the amount of $26,660.00 to be used for future sidewalk construction along the applicant's property. 2. Construct a commercial roadway that intersects Overland Road approximately 400-feet east of Silverstone Way to align with Jade Avenue, as proposed. 3. Construct a commercial roadway that intersects Overland Road approximately 1,150-feet east of Silverstone Way to align with Topaz Avenue, as proposed. *****The applicant has proposed to construct the internal roadways as commercial roadways. The proposed street section will accommodate for vehicular traffic that is anticipated to be generated by this site. It appears that the City's comprehensive plan wishes to have bike lanes at/near the half-mile. The commercial street section that is proposed will not accommodate for bike lanes. If the City requires the applicant to construct the roadway as a collector, the City should require the roadways to be constructed as 46-foot street section within 70- feet ofright-of--way. This would allow for 3-traffic lanes with curb, gutter, bike lanes and a detached 5-foot sidewalk. 4. Construct the internal roadways as 40-foot street sections with curb, gutter and 5- foot concrete sidewalk within 54-feet ofright-of--way, as proposed. 5. Extend an existing stub street (Copper Point Way) from the west property line approximately 160-feet north of the south property line, as proposed. 6. Extend Copper Point Way as a stub street to the east property line approximately 305-feet north of the south property line, as proposed. Install a sign at the ternvnus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Extend Knapp Avenue from the south property line. If the applicant would like a third access point to Overland Road, construct a 35- foot wide shazed driveway that intersects Overland Road approximately 600-feet west of the east property line and aligns with the existing driveway at 3820 Overland Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTfIONAL USE PERNIIT PAGE 22 OF 29 9. If the applicant develops before the Overland Road project, construct a center turn lane for ALL of the approved access points that intersect Overland Road. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Dedicate sufficient right-of--way to accommodate for the turn lanes that have been identified by the traffic impact study. 10. Construct right-turn lanes for ALL of the approved access points that intersect Overland Road, as they become warranted. Coordinate the design of the taper with District staff. Dedicate sufficient right-of--way to accommodate for the turn lanes that have been identified by the traffic impact study. **The applicant is required to provide a financial surety for the construction of the right turn lanes on Overland Road. Once the turn lanes have been constructed or the District has entered into a contract for the construction of this segment of Overland Road, the financial surety will be released. 11. Identify and complete the proposed wetlands mitigation that was proposed as a part of the Silverstone Corporate Center Subdivision in accordance with the wetlands mitigation permit that was issued by the United States Army Corps of Engineers. 12. Provide the District with a parcel that is equal to and greater in value and size than the previous parcel. 13. Provide the District with drainage calculations and drawings showing that the newly proposed pond will have a capacity that is equal to or greater in storage area than the previous parcel and will function at a level that is equal to or greater than what the District had originally designed. 14. Install an adequately sized drainage pipe that will extend from the proposed drainage pond to Overland Road through the Topaz Avenue right-of--way. 15. Provide the District with sufficient access to the site by providing the District by providing public road frontage and a permanent easement through the adjoining parking lot for additional access to the pond. 16. If the applicant chooses to landscape the drainage pond, the applicant shall obtain a license agreement for all landscaping that is proposed within the District's right- of-way, drainage pond or easement. The applicant is required to have all landscape and sprinkler plans reviewed and approved by the ACRD Drainage Division. 17. Other than the access points that have specifically been approved with this application, direct lot or parcel access to Overland Road is prohibited. Notes of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 29 this are required to be placed on the final plat. 18. Comply with all Standard Conditions of Approval. STANDARD CONDITIONS OF APPROVAL Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construcfion Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTPIONAL USE PERMIT PAGE 24 OF 29 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: That afire-flow as required by the International Fire Code shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 8. No vertical obstructions or mature landscaping which obstructs the outlets of the fire hydrant within 10'. 9. All building uses and processes to comply with the International Fire Code. 10. A 20' wide fire lane shall be maintained around all proposed buildings. 11. A vertical clearance of 13' 6" shall be maintained over fire lanes, this may affect FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 25 OF 29 mature trees. E. Adopt the Recommendations of Central District Health Department as follows: This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfaze, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. 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. F. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. Submit a Land Use Change Application to the Irrigation District prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's Eight Mile Drain courses through this project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review the drainage plans. 5. The developer must comply with Idaho Code 31-3805. G. Adopt the Recommendations of the Pazks Department as follows: Build the pathway to the recommended Pathway Standards. 2. Outdoor recreational areas considered under Special Use Area "B" approved uses, recommended to be coordinated with the Pazks and Recreation Comprehensive Plan, if considered. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 26 OF 29 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 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 Ciry 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 EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. 'The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 27 OF 29 the first phase. hi the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the fmal decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 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 maybe adversely affected by the issuance or denial of the conditional use permit approval may withintwenty-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 25~ day of ~pli8!'n ~ , 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED_ j~~ _~ COUNCILWOMAN TAMMY deWEERD VOTED~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 28 OF 29 COUNCILWOMAN CHERIE Mc LANDLESS VOTED ~~~~~ COUNCILMAN WILLIAM L.M. NARY VOTED~[v~ MAYOR ROB RT D. CORRIE (TIE BREAKER) VOTED .~ DATED: ~Z~ ~3 MOTION: APPROVED: DISAPPROVED: Attest: ~~ William G. Berg, Jr., City ```\``\`55OF5r~~rrp7tii~i~~~fYehi~ G~~/.t/-~P~t.G~J ~y ' °~lq~j~Cfl~Pir~' ~f'~ ~6Gt3cr.~i C)' \~pRpORq r~O ry •~ EAL 9 O~ 9p ~+~r'SS ~ P~`\ 9 ~`. ~QIlU H f i 1t 155555, Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. BY~~`'_~~° " i/'JJ"" Dated: 6~ G(/~~ City Clerk Z:\WorlNvnMeridian~Meridian I5360M55Ilversloae Business Campus CUP-03-044~FfCIsCUP03-044.doc 55~,5,uininnr,~ G~ `~~aPp~ r~o '°L SEAL y 9M :9~~~srtsz•, PLO`: ~% ,q O \\, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 29 OF 29 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 11/05/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT IN A PROPOSED C-G ZONE FOR THE PROPOSED SiLVERSTONE BUSINESS CAMPUS, LOCATED ON THE SOUTH SIDE OF EAST OVERLAND ROAD, APPROXIMATELY'/< MILE EAST OF SOUTH EAGLE ROAD (EAST OF SLIVERSTONE CORPORATE CENTER), MERIDIAN, IDAHO Case No. CUP-03-044 ORDER GRANTING CONDITIONAL USE PERMIT SUNDANCE INVESTMENTS, APPLICANT This matter coming before the City Council on November 5 2003, 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 Recommendafion 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 consisting of 49 new commercial lots and 4 common lots on 80.51 acres in a proposed C-G zone for Silverstone Business Campus. The requested conditional use permit for the Planned Development located on the south side of East Overland Road, approximately'/ ORDER CONDTTIONAL USE PERMIT (CUP-03-044) PAGE 1 OF 12 mile east of South Eagle Road (East of Silverstone Corporate Center), Meridian, Idaho, is subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The Applicant shall add a minimum of 7,485 square feet of open space within the development if the ten (10) percent gross area open space is to be eligible as an amenity of the Planned Development. If this area is not added, a second amenity shall be provided and approved by the City Council. 2. The ACHD stormwater detention pond lot shall be designed as active open space, subject to ACHD's approval. 3. The hours of operation for all places of business that are located within Special Use Area "A" shall be limited to the hours of 6:OOam through 7:OOpm. 4. The Applicant's request to allow supplemental uses of the Michael's of Oregon business to be expanded into Silverstone Business Campus as permitted uses (see Exhibit C, page 5) is approved. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONAL USE PERMIT SITE SPECIFIC CONDITIONS 1. The Silverstone Business Campus Planned Development shall comply with all conditions approved as part of File No. PP-03-018 (Silverstone Business Campus preliminary plat) and File No. AZ-03-016 (Silverstone Business Campus annexation). 2. Exhibit "C" of the applicafion shall be amended as follows: a. Permitted uses (page 1 and 2): Delete "Utility Facility -Major" and require this use only through the conditional use process; b. "Snecial Use Area- A" (page 2): The permitted use labeled as "Construction Business (Contractor's Shop and Yard)" shall now be labeled as "Construction Business (Contractor's Warehouse/Office)" and defined as aplace ofbusiness which allows the outdoor storage ofmaterials that are incidental to the indoor business use, excluding all heavy equipment, contractor's equipment (e.g. backhoes) and demolition storage. Any outdoor storage yards shall be fenced and comply with the Zoning Ordinance standards in effect at the time. ORDER CONDITIONAL USE PERNIIT (CUP-03-044) PAGE 2 OF 12 a "Special Use Area - A" (page 3): Add a qualifier to "Manufacturing" to restrict to indoor operations only; d. "Special Use Area - A" (page 3): Limit "Public Utility Yard" to minor public utilities, as defined by MCC 11-2-2; 3. Bicycle racks shall be installed at all buildings used for office and retail uses within the Silverstone Business Campus Subdivision. 4. The Planning and Zoning Department is hereby granted authority to approve modifications to the original Master Site Plan (where Topaz Ave. is straight) that conform to either Site Plan #2 (Topaz Ave. is curved), Site Plan #3 (Copper Point Dr. is realigned to the north), or other modifications as permitted under MCC 11-17-10. However, a new Preliminary Plat application must be submitted if Site Plan #3 or other major modifications to the approved Preliminary Plat (see PP-03-018) are made in the future. (Per action of the City Council taken at their November 5, 2003 meeting.) As permitted under MCC 12-3-6 and MCC 12-6, the applicant may choose to phase the construction of this development. Each phase must comply with the approved Preliminary Plat and Planned Development, as described above. Ifthe phasing plan does not incorporate Copper Point Dr. in the first phase (e.g. only the northern portion of the development), a temporary fire access road, as approved by the Meridian Fire Department, shall be constructed to connect Topaz Avenue and S. Jade Avenue. (Per action of the City Council taken at their November 5, 2003 meeting.) 5. 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 Va1leyRide staff and submit a letter verifying said coordination to the P&Z Department prior to final approval of the perimeter landscaping plan. 6. The following amenities are required as part of the planned development: a public, multi-use pathway on the south side of the Eight Mile Drain (approximately 3,500 feet long) and three, common, open space lots. The total amount of open space within the subdivision shall equal at least 8.05 acres, or 350,658 square feet. At least ten (10) days prior to the next public hearing, the Applicant shall revise the conceptual masterplan to demonstrate how this open space requirement will be met or provide an additional amenity to be approved by the Commission and Council. STANDARD CUP/PD CONDITIONS 1. Any existing irrigation drainage ditches crossing the property to be included in this ORDER CONDITIONAL USE PERNIIT (CUP-03-044) PAGE 3 OF 12 project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to 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 vaziances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to 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. 3. Off-street parking shall be provided in accordance with City ofMeridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. 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. 5. 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 pazking areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilifies shall be developed for inclusion in the CC&R's of the subdivision. 6. Outside lighting shall be designed and placed so as not to direct illumination on any neazby residential areas and in accordance with City Ordinance. 7. All signage shall be in accordance with the standazds set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. C. Adopt the Recommendations of ACHD as follows: SITE SPECIFIC CONDITIONS OF APPROVAL 1. The Boazd of Commissioners authorizes the expenditure of available collected impact fees, or other District funds, if available, for the purchase ofright-of--way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donafion (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additiona123-feet ofright-of--way along Overland Road, and construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41-feet from the centerline of the ORDER CONDITIONAL USE PERNIIT (CUP-03-044) PAGE 4 OF 12 right-of--way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41-feet from the centerline of the right-of--way, in an easement provided to the District. c. Provide a road trust deposit in the amount of $26,660.00 to be used for future sidewalk construction along the applicant's property. 2. Construct a commercial roadway that intersects Overland Road approximately 400-feet east of Silverstone Way to align with Jade Avenue, as proposed. 3. Construct a commercial roadway that intersects Overland Road approximately 1,150-feet east of Silverstone Way to align with Topaz Avenue, as proposed. *****The applicant has proposed to construct the internal roadways as commercial roadways. The proposed street section will accommodate for vehicular traffic that is anticipated to be generated by this site. It appears that the City's comprehensive plan wishes to have bike lanes at/neaz the half-mile. The commercial street section that is proposed will not accommodate for bike lanes. If the City requires the applicant to construct the roadway as a collector, the City should require the roadways to be constructed as 46-foot street section within 70-feet of right-of- way. This would allow for 3-traffic lanes with curb, gutter, bike lanes and a detached 5- foot sidewalk. 4. Construct the internal roadways as 40-foot street sections with curb, gutter and 5- foot concrete sidewalk within 54-feet ofright-of--way, as proposed. 5. Extend an existing stub street (Copper Point Way) from the west property line approximately 160-feet north of the south property line, as proposed. 6. Extend Copper Point Way as a stub street to the east property line approximately 305-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Extend Knapp Avenue from the south property line. 8. If the applicant would like a third access point to Overland Road, construct a 35- foot wide shared driveway that intersects Overland Road approximately 600-feet west of the east property line and aligns with the existing driveway at 3820 Overland Road. 9. If the applicant develops before the Overland Road project, construct a center tum lane for ALL of the approved access points that intersect Overland Road. Provide a ORDER CONDTTIONAL USE PERNIIT (CUP-03-044) PAGE 5 OF 12 minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Dedicate sufficient right-of--way to accommodate for the turn lanes that have been identified by the traffic impact study. 10. Construct right-turn lanes for ALL of the approved access points that intersect Overland Road, as they become warranted. Coordinate the design of the taper with District staff. Dedicate sufficient right-of--way to accommodate for the taro lanes that have been identified by the traffic impact study. **The applicant is required to provide a financial surety for the construction of the right turn lanes on Overland Road. Once the turn lanes have been constructed or the District has entered into a contract for the construction of this segment of Overland Road, the financial surety will be released. 11. Identify and complete the proposed wetlands mitigation that was proposed as a part of the Silverstone Corporate Center Subdivision in accordance with the wetlands mitigation permit that was issued by the United States Army Corps of Engineers. 12. Provide the District with a parcel that is equal to and greater in value and size than the previous parcel. 13. Provide the District with drainage calculations and drawings showing that the newly proposed pond will have a capacity that is equal to or greater in storage area than the previous parcel and will function at a level that is equal to or greater than what the District had originally designed. 14. Install an adequately sized drainage pipe that will extend from the proposed drainage pond to Overland Road through the Topaz Avenue right-of--way. 15. Provide the District with sufficient access to the site by providing the District by providing public road frontage and a permanent easement through the adjoining parking lot for additional access to the pond. 16. If the applicant chooses to landscape the drainage pond, the applicant shall obtain a license agreement for all landscaping that is proposed within the District's right-of--way, drainage pond or easement. The applicant is required to have all landscape and sprinkler plans reviewed and approved by the ACHD Drainage Division. ORDER CONDTl'IONAL USE PERMIT (CUP-03-044) PAGE 6 OF 12 17. Other than the access points that have specifically been approved with this application, direct lot or parcel access to Overland Road is prohibited. Notes of this are required to be placed on the final plat. 18. Comply with all Standard Conditions of Approval. STANDARD CONDITIONS OF APPROVAL 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be home by the developer. 3. Replace any exisfing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development.. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in wrifing by the District. Contact the District's Utility Coordinator at 387- 6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standazds and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepaze and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees aze required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. ORDER CONDTl'IONAL USE PERNIIT (CUP-03-044) PAGE 7 OF 12 9. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject propertyunless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That afire-flow as required by the International Fire Code shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. Insure that all yet undeveloped pazcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. The roadways shall be built to Ada County Highway Standazds. UFC 902.2.1 ORDER CONDITIONAL USE PERNIIT (CUP-03-044) PAGE 8 OF 12 8. No vertical obstnzctions or mature landscaping which obstructs the outlets of the fire hydrant within 10'. 9. All building uses and processes to comply with the Intemafional Fire Code. 10. A 20' wide fire lane shall be maintained around all proposed buildings. 11. A vertical clearance of 13' 6" shall be maintained over fire lanes, this may affect mature trees. E. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. 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. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. 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. F. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. Submit a Land Use Change Application to the Irrigation District prior to final platting. All laterals and waste ways must be protected. The District's Eight Mile Drain courses through this project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage ORDER CONDTTIONAL USE PERMIT (CUP-03-044) PAGE 9 OF 12 leaves the site, the District must review the drainage plans. 5. The developer must comply with Idaho Code 31-3805. G. Adopt the Recommendations of the Parks Department as follows: 1. Build the pathway to the recommended Pathway Standazds. 2. Outdoor recreational areas considered under Special Use Area "B" approved uses, recommended to be coordinated with the Parks and Recreation Comprehensive Plan, if considered. 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. 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. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or iri the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the ORDER CONDTTIONAL USE PERMIT (CUP-03-044) PAGE 10 OF 12 conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one yeaz from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 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 maybe adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by ORDER CONDITIONAL USE PERMIT (CUP-03-044) PAGE 11 OF 12 Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~i~~~e1~J?i~/C.. , 2003. Attest: William G. Berg, Jr., City 25~ day of ~~/ ~`~ Iu/~ /''~i G aPO~T ti i~_ .~ Fo , s~AL - Y~ Ih ~~ ~: 90 GST tsT • 10~~, '9 P o ,~''O~ COUNTY . ~~p`~p l~lllllH ll ri i1t11NP Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and Clty Attorney. `~„11,11il11J1 By: ~c•--./~-- Dated: City Clerk Z:\Work\M\MeridianlMeridian 15360M\Silversmne Business Campus CUP-03-X44\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-03-044) PAGE 12 OF 12 ~.~°~y OF ~~Rfp/ ~~''% ~~ G~ \~oaPOR,q rF 92 ''. °- EAL -~ ~~ ~% 90 ~GST 1St . ° ~O `~, llllllllNl i[llllllll`