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HomeMy WebLinkAboutEl Dorado Campus PP 01-020 (5)RECEIVED MAR 2 7 2002 CITY OF MERIDIAN CIN CLERK OFFICE WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE &. ROSSMAN, P.A. KEVIN E. DiNIUS JULIE KLEIN FIscHER Wm. F. GIGRAY, III T. GUY HALLAW D. SAMUEL JOHNSON LARRY D. MOORE WILLIAM A. MORROW WILLIAM F. NICHoLs' CHRISTOPHER S. NYE 'Also admitted in OR •• Also admitted in WA PHILIP A. PETERSON ERICA S. PHILLIPS ERIC S. RosSMAN TODD A. RossMAN DAvID M. SwARTLEY PAMELA J. TARLOW TERRENcER. WHITE** NICHOLAS L. WOLLEN William G. Berg, Jr., City Cleric MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83 642 ATTORNEYS AT LAW 830 E. FIRST STREET, SUITE 200 POST OFFICE BOX 1 150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 March 27, 2002 NAMPA OFFICE 5700 E. FRANKLIN RD., SurrE 200 NAMPA, IDAHO 836538402 TEL. (208) 466.9272 FAX (208) 4664405 PLEASE REPLY TO MERIDIAN OFFICE Re: W.H. MOORE COMPANY / ANNEXATION AND ZONING FINDINGS / DEVELOPMENT AGREEMENT / AZ ORDINANCE & CERTIFICATION OF CLERK / SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / AZ -01-018 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of March 19, 2002, and which are on the agenda for April 2, 2002. I have also attached the original of the Development Agreement for owners and developer signatures. After the Council meeting of March 19, 2002, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owners and developer for signatures. Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk for the annexation and zoning for City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Rezone are ado ted. Additionally, I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the full annexation and zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. Very truly yours, _/J r Wm. F. Nichols Z:\Work\M\Meridian\Meridian 153 60M Dorado Bus Campus AZO 1-018 PPO 1-020 CUP01-03AFFCL Ord DevAgmtClk.doc CITY OF MERIDI.IN ORDINANCE NO. AN ORDINANCE FINDING THAT CERTAIN LAND OWNED BY KIMBALL PROPERTIES LIMITED PARTNERSHIP, MANAGING PARTNER: WINSTON J. MOORE TO BE KNOWN AS EL DORADO BUSINESS CAMPUS LOCATED AT THE SOUTHWEST CORNER OF E. OVERLAND ROAD AND S. EAGLE ROAD AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED COMMUNITY BUSINESS DISTRICT (C -C) AND GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C -G); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has ANNEXATION AND ZONING ORDINANCE (AZ -01-018) - 1 received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: C -C A parcel of land located in the NE 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the northeast corner of said Section 20; thence, along the northerly line of said section said northerly line also being the centerline of Overland Road South 89'46'18" West 1039.87 feet; thence leaving said northerly line South 00°0'00" West 155.00 feet to a point of curvature; thence Along said curve to the left, said curve having a radius of 800.00 feet, an arc length of 2 93.5 6 feet, a central angle of 21°01'29" and a chord bearing South 10°30'44" East 291.92 feet to a point of reverse curvature; thence Along said curve to the right, said curve having a radius of 2000.00 feet, an arc length of 1218.98 feet, a central angle of 34'55'16" and a chord bearing South 03°33'51" East 1200.19 feet to a the beginning of a non -tangent curve; thence Along said curve to the left, said curve having a radius of 300.00 feet, an arc length of 132.59 feet, a central angle of 25°19'19" and a chord bearing North 89°08'38" East 131.51 feet to a point of reverse curvature; thence Along said curve to the right, said curve having a radius of 600.00 feet, an arc length of 521.59 feet, a central angle of 49°48'29" and a chord bearing South 78°36'47" East 505.32 feet to a point of reverse curvature; thence Along said curve to the left, said curve having a radius of 300.00 feet, an arc length of 190.02 feet, a central angle of 36°17'27" and a chord bearing South 71°51'16" East 186.86 feet; thence ANNEXATION AND ZONING ORDINANCE (AZ -01-018) - 2 South 90°00'00" East 99.83 feet to the easterly line of said NE 1/4, said easterly line also being the centerline of South Eagle Road; thence along said easterly line North 00°14'45" East 1800.05 feet to the POINT OF BEGINNING. Said parcel contains 35.80 acres, more or less and subject to all Covenants, Rights, Rights -of -Way, and Easements of Record. C -G A parcel of land located in the NE 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the northeast corner of said Section 20; thence, along the northerly line of said section, said northerly line also being the centerline of Overland Road South 89'46'18" West 1039.87 feet to the POINT OF BEGINNING; thence, leaving said northerly line South 00°0'00" West 155.00 feet to a point of curvature; thence Along said curve to the left, said curve having a radius of 800.00 feet, an arc length of 293.56 feet, a central angle of 21°01'29" and a chord bearing South 10°30'44" East 291.92 feet to a point of reverse curvature; thence Along said curve to the right, said curve having a radius of 2000.00 feet, and arc length of 12 18.9 8 feet, a central angle of 34°55'16 " and a chord bearing South 03°33'51" East 1200.19 feet to the beginning of a non - tangent curve; thence Along said curve to the left, said curve having a radius of 300.00 feet, an arc length of 132.59 feet, a central angle of 25°19'19" and a chord bearing North 89°08'38" East 131.51 feet to a point of reverse curvature; thence Along said curve to the right, said curve having a radius of 600.00 feet, an arc length of 521.59 feet, a central angle of 49°48'29" and a chord bearing South 78°36'47" East 505.32 feet to a point of reverse curvature; thence Along said curve to the left, said curve having a radius of 300.00 feet, an arc length of 190.02 feet, a central angle of 36°17'27" and a chord bearing South 71°51'16" East 186.86 feet; thence ANNEXATION AND ZONING ORDINANCE (AZ -01-018) - 3 South 90°00'00" East 99.83 feet to the easterly line of said NE 1/4, said easterly line also being the centerline of South Eagle Road; thence along said easterly line South 00°14'45" West 851.84 feet to the southeast corner of said NE 1/4; thence along the easterly line of the SE 1/4 of said Section 20 South 00°00'01" West 196.19 feet; thence leaving said easterly line North 68020'09" West 26.90 feet to the northeast corner of Lot 34, Block 4 of Thousand Springs Subdivision No. 1, as shown on the official plat thereof recorded in Book 78, at pages 8248 through 8249, Ada County Records; thence along the northerly boundary of said subdivision the following courses: North 68°20'09" West 339.38 feet to a point of curvature; thence Along said curve to the left, said curve having a radius of 250.00 feet, an arc length of 222.33 feet, a central angle of 50°57' 18", and a chord bearing and distance of South 86°11'12" West 215.08 feet; thence South 60°42'33" West 121.50 feet to a point of curvature; thence Along said curve to the right, said curve having a radius of 200.00 feet, an arc length of 116.45 feet, a central angle of 33°21'36", and a chord bearing and distance of South 77°23'21" West 114.81 feet; thence North 85°55'51" West 561.11 feet to the westerly line of the East 1/z of the SE 1/4 of said Section 20; thence, leaving said Subdivision line along said westerly line North 00°11'26" East 118.03 feet to the southwest corner of the NE 1/4 of said Section 20; thence along the southerly line said NE 1/4 South 89°54'44" West 84.07 feet; thence leaving said southerly line North 01°42'52" East 2649.75 feet to the northerly line of the NE 1/4 of said Section 20; thence along said northerly line North 89°46'18" East 20.10 feet to the East 1/16th corner common to said Sections 17 and 20; thence continuing along said northerly line, North 89'46'18" East 288.54 feet to the POINT OF BEGINNING. Said parcel contains 51.98 acres, more or less and subject to all Covenants, Rights, Rights -of -Way, and Easements of Record. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. ANNEXATION AND ZONING ORDINANCE (AZ -01-018) - 4 SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Community Business District (C -C) and General Retail and Service Commercial District (C -G). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning neaps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of , and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the ANNEXATION AND ZONING ORDINANCE (AZ -01-018) - 5 following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2002. MAYOR ATTEST: CITY CLERIC First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902 Yes: No: Second Reading: Third Reading: ANNEXATION AND ZONING ORDINANCE (AZ -01-018) - 6 STATE OF IDAHO,) ss. County of Ada. ) On this day of , 2002, before me, the undersigned, a Notary Public in and for said State, Personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric of the CITY of Meridian, Idaho, and who executed the within instrument, and aclalowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ( SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: Z:\Wor1c\Ivt\Meridian\Meridian 15360M\EI Dorado Bus Campus AZO1-018 PPO1-020 CUPO1-037WZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ -01-018) - 7 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho 1, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. , passed by the City Council of the City of Meridian, on the day of , 2002, is a true and correct copy of the original of said document which is in the care, custody and control of the City Cleric of the City of Meridian. STATE OF IDAHO, ss. County of Ada, WILLIAM G. BERG, JR. On this day of , in the year , before me, , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires:_ Z;\Work\M\Meridian\Meridian 15360M\El Dorado Bus Campus AZO1-018 PPO1-020 CUP01- 037\CertificationOfClerlcOrd. doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ -01-018 1 REXEIVED MAR 2 7 200/ CITY OF MERIDIAN CITY CLERK OFFICF WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEvIN E. DINRIs PHILP A. PETERSON JULIE KLEIN FISCHER ERICA S. PHILLws Wm. F. GIGRAY, III ERIC S. ROSSMAN T. Guy HALLAM* TODD A. ROSSMAN D. SAMUEL JOHNSON DAvm M. SwARTLEY LARRY D. MOORE PAMELA J. TARLow WIII" A. MoRRow T ERRENCE R. WHITE** WE.LIAM F. NICHOLS* NICHOLAS L. WoLLEN CHRISTOPHER S. NYE *Also admitted in OR ** Also admitted in WA William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 ATTORNEYS AT LAW 830 E. FIRST STREET, SUITE 200 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 March 27, 2002 NAMPA OFFICE 5700 E. FRANKLIN RD., SurrE 200 NAMPA, IDAHO 83653-8402 TEL. (208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE Re: Ordinance No. 02- , (Kimball Properties Limited Partnership, Managing Partner: Winston H. Moore) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for an annexation and zoning ordinance for James F. Griffin, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code § 50-901(A). Very truly yours, Wm. F. Nichols Enclosure Z:\Worlc\M\Meridian\Meridian 15360M\EI Dorado Bus Campus AZOI-018 PPOI-020 CUP01-037\BergSumOrdO32102Ltr.doe NOTICE AND PUBLISHED SUMMARY OR ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 02-_ PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land owned by Kimball Properties Limited Partnership, Managing Partner: Winston H. Moore, to be lulown as El Dorado Business Campus consisting of 85.36 acres with a zoning designation of C -C Community Business and C -G General Retail And Service Commercial; and to provide providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. Legal Description C -C A parcel of land located in the NE '/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the northeast corner of said Section 20; thence, along the northerly line of said section said northerly line also being the centerline of Overland Road South 89°46'18" West 1039.87 feet; thence leaving said northerly line South 00°0'00" West 155.00 feet to a point of curvature; thence Along said curve to the left, said curve having a radius of 800.00 feet, an arc length of 293.56 feet, a central angle of 21°01'29" and a chord bearing South 10°30'44" East 291.92 feet to a point of reverse curvature; thence Along said curve to the right, said curve having a radius of 2000.00 feet, an arc length of 1218.98 feet, a central angle of 34°55'16" and a chord bearing South 03°33'51" East 1200.19 feet to a the beginning of a non - tangent curve; thence Along said curve to the left, said curve having a radius of 300.00 feet, an arc length of 132.59 feet, a central angle of 25°19'19" and a chord bearing North 89°08'38" East 131.51 feet to a point of reverse curvature; thence Along said curve to the right, said curve having a radius of 600.00 feet, an arc length of 521.59 feet, a central angle of 49°48'29" and a chord bearing South 78°36'47" East 505.32 feet to a point of reverse curvature; thence Along said curve to the left, said curve having a radius of 300.00 feet, an arc length of 190.02 feet, a central angle of 36°17'27" and a chord bearing South 71°51'16" East 186.86 feet; thence South 90°00'00" East 99.83 feet to the easterly line of said NE 1/4, said easterly line also being the centerline of South Eagle Road; thence along said easterly line North 00°14'45" East 1800.05 feet to the POINT OF BEGINNING. Said parcel contains 35.80 acres, more or less and subject to all Covenants, Rights, Rights -of -Way, and Easements of Record. C -G A parcel of land located in the NE '/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the northeast corner of said Section 20; thence, along the northerly line of said section, said northerly line also being the centerline of Overland Road South 89°46'18" West 1039.87 feet to the POINT OF BEGINNING; thence, leaving said northerly line South 00°0'00" West 155.00 feet to a point of curvature; thence Along said curve to the left, said curve having a radius of 800.00 feet, an arc length of 293.56 feet, a central angle of 21°01'29" and a chord bearing South 10°30'44" East 291.92 feet to a point of reverse curvature; thence Along said curve to the right, said curve having a radius of 2000.00 feet, and arc length of 1218.98 feet, a central angle of 34'55'16" and a chord bearing South 03°33'51" East 1200.19 feet to the beginning of a non - tangent curve; thence Along said curve to the left, said curve having a radius of 300.00 feet, an arc length of 132.59 feet, a central angle of 25'19'19" and a chord bearing North 89°08'38" East 131.51 feet to a point of reverse curvature; thence Along said curve to the right, said curve having a radius of 600.00 feet, an arc length of 521.59 feet, a central angle of 49°48'29" and a chord bearing South 78°36'47" East 505.32 feet to a point of reverse curvature; thence Along said curve to the left, said curve having a radius of 300.00 feet, an arc length of 190.02 feet, a central angle of 36°17'27" and a chord bearing South 71°51'16" East 186.86 feet; thence South 90°00'00" East 99.83 feet to the easterly line of said NE 1/4, said easterly line also being the centerline of South Eagle Road; thence along said easterly line South 00°14'45" West 851.84 feet to the southeast corner of said NE 1/4; thence along the easterly line of the SE '/4 of said Section 20 South 00°00'01" West 196.19 feet; thence leaving said easterly line North 68°20'09" West 26.90 feet to the northeast corner of Lot 34, Block 4 of Thousand Springs Subdivision No. 1, as shown on the official plat thereof recorded in Book 78, at pages 8248 through 8249, Ada County Records; thence along the northerly boundary of said subdivision the following courses: North 68°20'09" West 339.38 feet to a point of curvature; thence Along said curve to the left, said curve having a radius of 250.00 feet, an arc length of 222.33 feet, a central angle of 50°57'18", and a chord bearing and distance of South 86°11'12" West 215.08 feet; thence South 60°42'33" West 121.50 feet to a point of curvature; thence Along said curve to the right, said curve having a radius of 200.00 feet, an arc length of 116.45 feet, a central angle of 33°21'36", and a chord bearing and distance of South 77°23'21" West 114.8.1 feet; thence North 85°55'51" West 561.11 feet to the westerly line of the East 1/2 of the SE 1/4 of said Section 20; thence, leaving said Subdivision line along said westerly line North 00°11'26" East 118.03 feet to the southwest corner of the NE 1/4 of said Section 20; thence along the southerly line said NE 1/4 South 89°54'44" West 84.07 feet; thence leaving said southerly line North 01°42'52" East 2649.75 feet to the northerly line of the NE 1/4 of said Section 20; thence along said northerly line North 89'46'18 " East 20.10 feet to the East 1/16`x' corner common to said Sections 17 and 20; thence continuing along said northerly line, North 89°46'18" East 288,54 feet to the POINT OF BEGINNING. Said parcel contains 51.98 acres, more or less and subject to all Covenants, Rights, Rights -of -Way, and Easements of Record. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the day of , 2002. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Cleric First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: Z:\Work\M\N1eridian\Meridian 15360M\EI Dorado Bus Campus AZO 1-018 PPO 1-020 CUPO1- 03 7\SUMANNEXZONGORD. doc 1/16 COR. SECTION L - & CENTERLINE OF EAST OVERLAND ROAD L13 L14 _ Li Ij II II t� rI 1� s Im T3N,R;E6,BM INK Quadrant 17 20 21 Consulting, Inc. 1 f. PROPOSED ZONING DESIGNATIONS j ELDORADO BUSINESS CAMPUS j ( SUBDIVISION j� N r L Iw I. z o r �Q r , �O r CY- f 1 z Uj UJ I � �UQ -w w e` Z fn O Uj IV) PROPOSED C -G ZONING DESIGNATION 1/16, COR. vi J 1/4'COR. 20 � 21 (D J CURVE TABLE CURVE I LENGTH RADIUS C1 2-93.561 800.00 C2 1218.97 2000.00 C3 132.59 300.00 C4 521.59 600.00 C51 190.02 300.00 C61 222.33 250.00 C71 116.45 200.00 CENTERLINE OF 'v RIDENBAUGH CANAL 405 S. 8th Street, Ste. 295 • Boise, ID 83702 o Phone (208) 342-0091 • Fax (208) 342-0092 • Internet: quadrant@quadrant.cc Civil Engineering > Surveying • Construction Management UNE TABLE UNE I BEARING I _ LENGTH 1-1 S89 -46'18"W 1039.87 L2 S00'00'00"W 155.00 L3 N90'00'00"El 99.83 L4 S0014'45"W 1 1800.05 L5 S00'14'45"W 1 851.84 L6 SOO-0o'01"WI 196.19 L7 N68-20'09"WI 366.28 L8 S60'42'33*Wl 121.50 L9 N85-55'51'WI 561.11 L10 NOO-11'26'El 118.03 L11 S89'54'44"W 84.07 L12 N01 *42'52"E 2649.75 L13 S89'46'19"W 20.10 L14 N89'46'18"E]--?88-54 CENTERLINE OF 'v RIDENBAUGH CANAL 405 S. 8th Street, Ste. 295 • Boise, ID 83702 o Phone (208) 342-0091 • Fax (208) 342-0092 • Internet: quadrant@quadrant.cc Civil Engineering > Surveying • Construction Management .RECEIV,P-1F- "` OP MERIDIAN CITY ._F C WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE &. ROSSMAN, P.A. IfEVIN E. DINIUS JULIE KLEIN FISCHER Wtif. F. GiGRAY, III T. Guy HALLAM* D. SAMUEL JOHNSON LARRY D. MOORE PHILIP A. PETERSON ERICA S. PHILLIPS ERIC S. ROSSMAN TODD A. ROSSMAN„y., DAVID M. SWARI""''a PAMELA J. TARLo'� William G. B( MERIDIAN C 33 East Idaho Meridian, Ida ATTORNEYS AT LAW 830 E. FIRST STREET, SUITE 200 POST OFFICE BOX 1 150 TnoHnx.3680-1150 NAMPA OFFICE 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83653- 8402 TEL. (208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE Re: W.H. MOORE COMPANY / ANNEXATION AND ZONING FINDINGS & DEVELOPMENT AGREEMENT / AZ -01-018 Dear Will: Please find enclosed the revised originals of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING and DEVELOPMENT AGREEMENT prepared as per instructions from the Council meeting of April 2, 2002, and which were approved at that April 2, 2002 meeting with the revisions. Since the Council meeting of April 2, 2002, the Council approved the Findings of Fact and Conclusions of Law, with revisions, for the above matter, then the Findings will need to be attached to the Development Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owners and developer for signatures. Also, please find enclosed the above AZ Ordinance and the Certification of the Cleric for the annexation and zoning for City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Rezone are adopted. Additionally, I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the full annexation and zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. Very truly yours, r' f Wm. F. Nichols Z:\Wor1,\M\Meridian\Meridian 15360M\EI Dorado Bus Campus AZO1-018 PPO1-020 CUP01-037\Revised FFCL Ord Dev AgmtClk.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF W.H. MOORE COMPANY, THE APPLICATION FOR ANNEXATION AND ZONING OF 85.36 ACRES FOR PROPOSED EL DORADO BUSINESS CAMPUS, LOCATED AT THE SOUTHWEST CORNER OF E. OVERLAND ROAD AND S. EAGLE ROAD, MERIDIAN, IDAHO C/C 03-19-02 Revised 04/02/02 Case No. AZ -01-018 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on March 19, 2002 at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, and 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 therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ -01-018 ) FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivisions 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 adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 85.36 acres in size, is located at the southwest corner of E. Overland Road and S. Eagle Road, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is Kimball Properties Limited Partnership, Managing Partner: Winston H. Moore, and the Applicant is W. H. Moore Company. 5. The property is presently zoned RUT and consists of vacant land. 6. The Applicant requests the property be zoned as C -C and C -G, with the intent to develop and construct 34 building lots and 17 other lots for a proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ -01-018 ) commercial development known as the El Dorado Business Campus, consisting of a mix of uses such as office, retail, restaurants, and hotels/motels, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Development. 7. The subject property is bordered to the north and west by County zoned residential property, to the east by the Silverstone Corporate Center, and to the south by Thousand Springs Subdivision. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. The City Council has taken into consideration the concerns of Bradley Miller, a neighboring property owner, and Thomas and Nancy Connolly, residents of a neighboring subdivision. 10. 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: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. A Development Agreement shall be entered into between the City of Meridian and the Applicant. The Development Agreement shall require that certain uses FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ -01-018 ) within the subdivision shown as conditional in the attached exhibit be approved though the Conditional Use Permit process. The list of permitted uses shall include all those listed in the exhibit submitted with the application, with any modifications, if required. Development of the properties South of the proposed Copper Pointe Drive lying across the Ridenbaugh Canal from Thousand Springs Subdivision shall be required to obtain a separate Conditional Use Permit unless professional office or flex uses are proposed, which were defined by the Commission to be "uses permitted in the L -O zone", such uses do not require a CUP. Buildings in this area shall not exceed a height of 35 feet. 2. A condition of the Development Agreement shall be to construct a multi -use pathway adjacent to the Ridenbaugh Canal's north bank in accordance with the design and alignment requirements of the Meridian Parks &. Recreation Department proposed standards under CUP Site Specific Conditions, item #1) and the Nampa Meridian Irrigation District. The pathway along the canal must be constructed before the first building permit may be issued for any buildings South of Copper Pointe Drive. 3. New legal descriptions for new zone boundaries shall be submitted. 4. Zoning of C -C is restricted to all property north of Goldstone Way and east of King Salmon Way. The southern boundary of property along the Canal and south of Copper Point shall be zoned C -G. The remainder of the property shall be zoned C -G. Adopt the Recommendations of the ACHD as follows: 1. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building shall be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff shall coordinate the Alternative Transportation Program with the applicant 2. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) shall 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ -01-018 ) 3. 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 shall exacerbate the traffic problems at these intersections. 4. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system shall 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. 5. 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 required permits), whichever occurs first. 6. Dedicate 52 to 48 -feet of right-of-way from the centerline 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. 7. 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 8. 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. 9. Construct the proposed drivewa 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 means to restrict this driveway to a right-in/right-out driveway only (i.e. raised median, internal island, etc.). FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ -01-018 ) 10. 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. 1 1. Construct the proposed public roadway access point located on Overland Road approximately 950 -feet west of Eagle Road as a collector roadway. This location is granted a modification of policy and is approved with this application. 12. Constrict 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. 13. 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. 14. Constrict 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. 15. 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. 16. 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. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 17. 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. 18. Construct the proposed roadway on Eagle Road located approximately 700 - FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ -01-018 ) 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. 19. Construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for all of the full access driveways. 20. Construct a left turn bay at the main entrance on Eagle Road. 21. Enter into a three way written agreement with the District for the cost and specific location of the traffic signal on Eagle Road. 22. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a property owners' association. Notes of this shall be required on the final plat. 23. 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. 24. The turnarounds shall be constructed to provide a minimum turning radius of 55 -feet. 25. Any existing irrigation facilities shall be relocated outside of the right-of-way. 26. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 27. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ -01-018 ) frontages abutting the site shall be borne by the developer. 28. 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: 1. 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. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 4. Final approval for fire hydrant location shall be by the Meridian Fire Department. 5. All turning radii shall be a minimum of 28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. The roadways shall be built to Ada County Highway standards. 8. 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 Sz Meridian Irrigation District. 1. Applicant shall apply for a land use change/site application. 2. If a pressure urban irrigation system will be owned, operated and maintained by the District, then the Developer shall contact the District concerning the installation of the pressure system. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ -01-018 ) 3. Fill out and return the required questionnaire pertaining to the initiation process of contractual agreements between the owner or developer and the District, for the ownership, operation and maintenance of the pressure urban irrigation system. Adopt the Recommendations of the Central District Health Department as follows: The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health SL Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. 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. 11. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 10, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 12. It is also found that the development considerations as referenced in Finding No. 10 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ -01-018 ) will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. But, additional landscaping buffers and design features will be required to make the proposed use more harmonious with the general vicinity and to comply with City Ordinances. 13. It is found that the zoning of the subject real property as Community Business District (C -C) and General Retail And Service Commercial (C -G) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Development. 14. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan 15. The property can be physically serviced with City water and sewer, since the applicant has extended the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ -01-018 ) request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975 ", codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals 1 through 10, inclusive. 5. The zoning of Community Business District (C -C) and General Retail and Service Commercial (C -G) are defined in the Zoning Ordinance at § 11-7-2 1 and K as follows: (C -C) Community Business District: The purpose of the C -C District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ -01-018 ) and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal water and sewer systems of the City. (C -G) General Retail And Service Commercial District: The purpose of the C -G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel - related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ -01-018 ) DECISION AND ORDER 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: 1. The applicant's request for annexation and zoning of approximately 85.36 acres to Community Business District (C -C) and General Retail And Service Commercial (C -G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 85.36 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development, to -wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. A Development Agreement shall be entered into between the City of Meridian and the Applicant. The Development Agreement shall require that certain uses within the subdivision shown as conditional in the attached exhibit be approved though the Conditional Use Permit process. The list of permitted uses shall FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ -01-018 ) include all those listed in the exhibit submitted with the application, with any modifications, if required. Development of the properties South of the proposed Copper Pointe Drive lying across the Ridenbaugh Canal from Thousand Springs Subdivision shall be required to obtain a separate Conditional Use Permit unless professional office or flex uses are proposed, which were defined by the Commission to be "uses permitted in the L -O zone", such uses do not require a CUP. Buildings in this area shall not exceed a height of 35 feet. 2. A condition of the Development Agreement shall be to construct a multi -use pathway adjacent to the Ridenbaugh Canal's north bank in accordance with the design and alignment requirements of the Meridian Parks &. Recreation Department proposed standards under CUP Site Specific Conditions, item #1) and the Nampa Meridian Irrigation District. The pathway along the canal must be constructed before the first building permit may be issued for any buildings South of Copper Pointe Drive. 3. New legal descriptions for new zone boundaries shall be submitted. 4. Zoning of C -C is restricted to all property north of Goldstone Way and east of King Salmon Way. The southern boundary of property along the Canal and south of Copper Point shall be zoned C -G. The remainder of the property shall be zoned C -G. Adopt the Recommendations of the ACHD as follows: 1. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building shall be required to provide an Alternative Transportation Program for employees and provide an annual report to ACRD on employee participation. Commuteride staff shall coordinate the Alternative Transportation Program with the applicant 2. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) shall 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. 3. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ -01-018 ) 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 shall exacerbate the traffic problems at these intersections. 4. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system shall 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. 5. 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 required permits), whichever occurs first. 6. Dedicate 52 to 48 -feet of right-of-way from the centerline 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. 7. 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 8. 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. 9. 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 means to restrict this driveway to a right-in/right-out driveway only (i.e. raised median, internal island, etc.). 10. Construct the proposed driveway on Overland Road approximately 550 -feet west of Eagle Road as a full -access driveway. This driveway meets District FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ -01-018 ) policy and is approved with this application. 11. Construct the proposed public roadway access point located on Overland Road approximately 950 -feet west of Eagle Road as a collector roadway. This location is granted a modification of policy and is approved with this application. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 17. 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. 18. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ -01-018 ) 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. 19. Construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for all of the full access driveways. 20. Constrict a left turn bay at the main entrance on Eagle Road. 21. Enter into a three way written agreement with the District for the cost and specific location of the traffic signal on Eagle Road. 22. 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. 23. 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. 24. The turnarounds shall be constructed to provide a minimum turning radius of 55 -feet. 25. Any existing irrigation facilities shall be relocated outside of the right-of-way. 26. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 27. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ -01-018 ) 28. 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: 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. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 4. Final approval for fire hydrant location shall be by the Meridian Fire Department. 5. All turning radii shall be a minimum of 28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. The roadways shall be built to Ada County Highway standards. 8. 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. I. Applicant shall apply for a land use change/site application. 2. If a pressure urban irrigation system will be owned, operated and maintained by the District, then the Developer shall contact the District concerning the installation of the pressure system. 3. Fill out and return the required questionnaire pertaining to the initiation process of contractual agreements between the owner or developer and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ -01-018) District, for the ownership, operation and maintenance of the pressure urban irrigation system. Adopt the Recommendations of the Central District Health Department as follows: 1. 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. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. 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. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C -C) Commercial Business District and (C -G) General Retail and Service Commercial, and Meridian City Code § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate snapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11 -2 1 -1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ -01-018 ) 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 is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who 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 W. day of �� , 2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED_��_ COUNCILWOMAN CHERIE Mc CANDLESS VOTED_7w COUNCILMAN WILLIAM L.M. NARY VOTED_0'� MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: �. 2 ,0 2" FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ -01-018 ) MOTION: A Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: �z City Clerk Dated: \\204.229.127.194\SERVERZ\Work\M\Meridian\Meridian 15360M\El Dorado Bus Campus 037\AZFfC1&0rder.doc o'. AZO 1.018 01 - FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ -01-018 )