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HomeMy WebLinkAboutEl Dorado CUP 01-037--- ' ;;;�jvN "'00' ACHD ^Ivv� 5nerry K. Huber, President Ada County Highway District 318 Fq.,,t 37th Rfropf oubdi 1 J. MdbUdKe ist vice tresiaent Garden City ID 83714-6499 Dave Bivens, 2nd Vice President Phone (208) 387-6100 John S. Franden, Commissioner FAX (208) 387-6391 David E. Wynkoop, Commissioner E-mail: tellusaACHD.ada.id.us September 19, 2003 RECEIVED TO: W.H. Moore Company 600 N. Steelhead Way, Suite 144 SEP 2 2 2003 Boise, Idaho 83704 City of Meridiparx City Clerk Office; SUBJECT: MCZC-03-051 Flex Building Lot 5, Block 4, Bonito Subdivision On January 16, 2002 the Ada County Highway District Commissioners acted on Eldorado Business Campus (Bonito) Subdivision. The conditions and requirements also apply to MCZC-03 -05 1. If you have any questions, please feel free to contact this office at (208) 387-6170. Sincerely, Development Analyst Right-of-way & Development Services Planning Division Cc: Planning & Development/Project File Planning & Development Services: City of Meridian Construction Services Drainage/Utilities Larson Architects Cornel Larson 210 Murray Street Boise, Idaho 83714 U NP L TT F. A ''6YE r m � ,n n � �w, 1 c y b Z• 1 11 N ! m � Ian bonv7r' oo•on•tt�.• �� 011 p5 LIARM 1) HRAMNC E 6uuxw r.+rtr. np�p T„ r N y 1.' 1 1 IN 1 F} ��� s ra �. 3e�5 s� r� �~ ;! c- 4 sn.`urrt a tru Ltb O •—� i I fl '1 �' 00. � L r li v � hl! LIARM 1) HRAMNC E 6uuxw r.+rtr. np�p T„ r N y 1.' 1 1 IN 1 F} ��� s ra �. 3e�5 s� r� ;! 1 0*0 CbawlI 4 U •—� i I fl '1 �' n��7,• � L r li v � hl! Gf 0`n -- - ---- - -L�° C I'1 W o $ oz 10 A V Po �i^w - >i".7,'•" a G ji, ,9•p ��•• :F S'S `s�tr''+^ n'B,1'!ri S'U• v:ry e�ia �.I_ i:• � \n' gN ii t �J n r v ''471 r e n. R 1 ti kix `�jh i1 '�-. 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The applicant is requesting rezone approval from R-1 to C-C/C-G, annexation approval, as well as preliminary plat approval for the 85.36 acre subdivision. The site is located at the southwest corner of Overland Road and Eagle Road. This development is estimated to generate 8,262 additional vehicle trips per day based on the submitted traffic impact study. Roads impacted by this development: Overland Road Eagle Road Interstate 84 ACHD Commission Date — January 16, 2002 —12:00 noon. Facts and Findings: A. General information Owner — Winston Moore Applicant — W.H. Moore Company R-1 - Existing zoning (low-density residential) C-C/C-G — Proposed zoning (general commercial) 85.36 - Acres 32 - Proposed building lots 17 -Proposed common lots 4,950 - Total lineal feet of proposed public streets 285 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Eldoradoxmm Page 1 N 1000 0 1000 2000 Feet Eldorado.emm Page 2 Overland Road Minor arterial with bike lane designation Traffic count of 13,551 on 11-30-99 (e/o Eagle Road) Traffic count of 11,422 on 11-30-99 (w/o Eagle Road) D -Existing Level of Service Greater than E - Existing plus project build -out Level of Service 1,300 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 54 to 48 -feet required right-of-way from centerline Overland Road is improved with 2 -lanes with no curb, gutter or sidewalk abutting the site. There is a southbound turn lane on Overland Road at the Eagle Road intersection. The Overland/Eagle Road intersection currently operates at a level of service F. Eagle Road Minor arterial with bike lane designation Traffic count of 19,790 on 11-30-99 (n/o Overland Road) Traffic count of 7,498 on 2-2-00 (s/o Overland Road) Traffic count of 44,397 on 10-19-99 (n/o I-84) C - Existing Level of Service D - Existing plus project build -out Level of Service 2,700 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 52 to 48 -feet required right-of-way from centerline Abutting the site Eagle Road is improved with two travel lanes with no curb, gutter or sidewalk. North of Overland Road Eagle Road widens to 5 -lanes. North of I-84 Eagle Road is under the jurisdiction of ITD. Interstate 84 Traffic count on I-84 was not available 0 -feet of frontage Interstate 84 is three lanes eastbound and three lanes westbound. There is an "ON" and "OFF" ramp at Eagle Road. B. The Overland/Eagle Road and Meridian/Overland Road intersections operate at a Level of Service F (LOS F), and are listed as one of the 100 most critical intersections in Ada County. Access control within the operating area of the intersection is vital to the safe operations of the intersection. The subject site's additional traffic will exacerbate the .traffic problems at these intersections. Eldoradoxmm Page 3 C. The Overland Road / Eagle Road intersection is in the Five Year Work program. With the reconstruction of this intersection, the level of service for Eagle Road, Overland Road and the intersection are anticipated to improve. D. On March 14, 2001, the Commission approved the original Silverstone Corporate Center located directly across from the proposed Eldorado Business Campus. The Silverstone Corporate Center was estimated to generate approximately 9,629 vehicle trips per day. The Eldorado Business Campus is estimated to generate approximately 8,262 vehicle trips per day. On November 7, 2001, the Commission considered and allowed the Silverstone Corporate Center to have a fourth access point on Eagle Road due to the fact that the Silverstone Corporate Center had an extraordinary circumstance before them. Staff supported a fourth access on Eagle Road because of three key major components: 1. The Silverstone Corporate Center did not anticipate ownership of the newly acquired parcel, 2. They placed the access point (a public street) in a safer location than if they had not been approved with this request and 3. The applicant did not request direct access to Eagle Road when a formal application was filed for the newly acquired parcel (Silverstone II) with the City of Meridian or the District. On January 9, 2002, the Commission formally acted on Silverstone II, the newly acquired parcel. Silverstone II did not request a new access point to Eagle Road. Rather, they subdivided the 7.83 acre site into 31 -lot commercial subdivision and took access from the fourth access point that was approved on November 7, 2001. E. The formal application that was submitted to the City of Meridian and the District showed three access points on Eagle Road. Since the District received the formal submittal, the applicant has requested a fourth access point located on Eagle Road approximately 1,150 -feet south of Overland Road. On January 16, 2002, the Commission formally acted on the Eldorado Business Campus and granted the fourth access point to Eagle Road. This access point was proposed to be a driveway located on Eagle Road approximately 1,150 -feet south of Overland Road. The following report reflects the Commissions formal action. F. The applicant hired Earth Tech Traffic Engineering to perform a traffic analysis of this site. The analysis has identified the following conclusions, and this information has been verified by District staff: ■ The proposed development is projected to generate an average daily traffic (ADT) of 8262 vehicles per day (vpd), of which the PM peak hour traffic (PHT) is 1085 vehicles per hour (vph). ■ At build -out, the project will add 5,420 vehicles per day to Eagle Road north of the site, of these trips 727 will take the westbound I-84 ramp, 2,148 will travel eastbound on I-84, and the remaining 2,545 will continue to the north. An additional 942 vehicles per day will travel south of the site on Eagle Road. The project will also add 1,182 vehicles per day to Overland Road east of the site and 727 vehicles per day on Overland Road west of the site. Eldoradoxnun Page 4 ■ The intersection of Eagle Road and Overland Road is currently operating at Level Of Service (LOS) F. It will operate at a LOS F under background conditions with or without the site traffic. This Development should be required to participate in improvements to this intersection to bring it up to an acceptable level of service. ■ The intersection of Eagle Road and the Eastbound and Westbound off ramps of 1-84 will function at an acceptable LOS with the addition of the site traffic. This assumes that the proposed signal in the Eastbound off -ramp is constructed by ITD. ■ The intersection of Eagle Road and Franklin Road will operate at LOS F with or without the project. Improvements to this intersection will require additional right-of-way and coordination with the other projects. Since the majority of the traffic will be coming from other growth in the area, widening of this intersection should be considered by ACHD and ITD. ■ The intersection of Overland Road and Meridian Road will operate at LOS F with or without the project. Additional lanes are required to make this intersection operate at an acceptable LOS D. This intersection is within the limits of a proposed project by ACHD. The site traffic should be included in the planning of the ACHD improvement project. ■ The intersection of Overland Road and Cloverdale Road will operate at LOS E under background traffic. This site traffic will reduce the operation to LOS F. Additional lanes are required to make this intersection operate at an acceptable LOS E. This area will probably see development in the coming years. ■ The intersection of Eagle Road and Victory Road will operate at LOS D under background traffic. The intersection operation will reduce to LOS F with the addition of site traffic. Adding a southbound left turn lane to this intersection would increase the operation to an acceptable LOS C. ■ Eagle Road south of the project will operate at an acceptable level of service after build out of the project. The site should contribute right -or -way for future roadway expansion. Since Eagle Road is on a section line, it is assumed that the future roadway will be a five -lane road. ■ Eagle Road north of the site will operate at an acceptable level of service after build out of the project. ■ Overland Road west of Eagle Road will operate at an acceptable level of service for athree-lane road. A three -lane road is proposed to be built by ACHD on this section of roadway. ■ Overland Road east of Eagle Toad will operate at a poor level of service after build out of the project. The Silverstone Corporate Center Traffic Impact Study suggests that right-of-way should be dedicated for a five -lane future roadway. ■ The project should be required to construct a signal at the south main entrance to the site on Eagle Road. ■ The on-site roadways will operate above LOS C. ■ The signalized entrance to El Dorado, along Eagle Road, will operate at a LOS C. ■ The north unsignalized entrance, along Eagle Road, will operate at a LOS E. ■ The south-unsignalized entrance, along Eagle Road, will operate at a LOS C. ■ The west unsignalized entrance along Overland Road will operate at a LOS C. ■ The middle unsignalized entrance, along Overland Road, will operate at a LOS C. ■ The east unsignalized entrance, along Overland Road, will operate at a LOS B. ■ The signalized entrance to El Dorado along Eagle Road will operate at a LOS C. Eldoradoxnun Page 5 Pending projects assumed to be built by build -out and included in the analysis. ■ Locust Grove Overpass, and associated projects (RD157, RD157B, F201-01, F201-0113). These projects are all either unfunded or pending and are not scheduled to begin acquiring R/W until at least 2004 for the overpass. ■ Overland Rd, Eagle Rd/Cloverdale Rd (RD072) — Reconstruct and widen to 5 -lane urban section. (unfunded) ■ Overland Rd, Locust Grove Rd/Eagle Rd (RD266) — 4/5 -lane rural section. (2005) Project not included in the traffic analysis that will affect the impact area. ■ Project RD201-02, on Cloverdale Road between Overland Road and the I-84 overpass. This project includes widening the overpass to three lanes and will also include intersection work at Cloverdale and Overland that will widen all four approaches to a 5 -lane rural section. This intersection. This project is scheduled to begin in Oct. 2002 and be completed by Summer 2003. G. The applicant should be required to 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 H. The applicant should be required to 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 1. - District policy 7204.7.3 states that access points on arterials are based on the following: One access point for less than 150 -feet of frontage ❖ Two access points for 150 -600 -feet of frontage ❖ Three access points for greater than 600 -feet of frontage. Access points are considered to be both public streets and driveways. Due to the fact that this parcel has approximately 1,300 feet of frontage, they are allowed a maximum of three access points to Overland Road. The applicant is proposing three access points on Overland Road. The access points are proposed to be located in the following locations: ♦ The applicant is proposing to construct a driveway on Overland Road approximately 240 -feet west of Eagle Road ♦ The applicant is proposing to construct a driveway on Overland Road approximately 550 -feet west of Eagle Road ♦ The applicant is proposing to construct a public road on Overland Road approximately 950 -feet west of Eagle Road Eldoradoxnun Page 6 District policy requires driveways on arterial roadways to align or offset a 150 -feet from any existing or proposed street. These Spacing requirements are illustrated in Figure 72-175. If the driveway is proposed to be located at or near a signalized intersection, the driveway should align or offset a minimum of 440 -feet for a full access driveway or 220 -feet for a right- in/right-out driveway. These spacing requirements are illustrated in Figure 72-F3. The driveway that is proposed to be located on Overland Road approximately 240 -feet west of Eagle Road meets District policy as a right-in/right-out driveway only. Because it meets District policy, it should be approved with this application. The driveway that is proposed to be located on Overland Road approximately 550 -feet west of Eagle Road meets District policy as a full -access driveway. Because it meets District policy, it should be approved with this application. District policy 7204.11.6 restricts access to collector and arterial roadways. Due to the fact that access is restricted on collector and arterial roadways the applicant should construct the new public streets entering onto the arterial public roadway system to align or offset a minimum number of feet from any existing or proposed street. These spacing requirements are listed on in policy number 7204.11.6 and states, "the optimum spacing for collector intersections along arterials is 1,700 -feet to allow adequate signal spacing. The minimum spacing for collector intersections along arterials is 1,300 -feet." The public roadwa access point that is proposed to be located on Overland Road approximately 950 -feet west of Eagle Road is a collector roadway. This specific location does not meet District policy. Earth Tech, the applicants Traffic Engineer, states, and "the internal roadways will adequately handle projected traffic volumes at a LOS C or greater according to the Ada County Roadway Capacity Guidelines. These roads should be constructed to an ACHD standard for a collector road in a business district." Due to the fact that the District approved a similar design on the east side of Eagle Road and the applicants Traffic Engineer feels that a collector roadway is warranted with this development, District staff believes that a modification of policy 7204.11.6 is, both, warranted and justifiable. J. District policy 7204.7.3 states that access points on arterials are based on the following: d• One access point for less than 150 -feet of frontage •A Two access points for 150 -600 -feet of frontage ❖ Three access points for greater than 600 -feet of frontage. Access points are considered to be both public streets and driveways. Due to the fact that this parcel has approximately 1,300 feet of frontage, they are allowed a maximum of three access points to Overland Road. The applicant is proposing four access points on Eagle Road. The access points are proposed to be located in the following locations: Eldoradoxrmn Page 7 ♦ The applicant is proposing to construct a public roadwa on Eagle Road approximately 700 -feet south of Overland Road ♦ The applicant is proposing to construct a driveway located on Eagle Road approximately 1,150 -feet south of Overland Road. ♦ The applicant is proposing to construct a public roadway on Eagle Road approximately 1,700 -feet south of Overland Road ♦ The applicant is proposing to construct a public roadwa on Eagle Road approximately 2,400 -feet south of Overland Road District policy 7204.11.6 restricts access to collector and arterial roadways. Due to the fact that access is restricted on collector and arterial roadways the applicant should construct the new public streets entering onto the arterial public roadway system to align or offset a minimum number of feet from any existing or proposed street. These spacing requirements are listed on in policy number 7204.11.6. The public roadwa access point that is proposed to be located on Eagle Road approximately 700 -feet south of Overland Road is a collector roadway. This specific location does not meet District policy. Earth Tech, the applicants Traffic Engineer, states, "the internal roadways will adequately handle projected traffic volumes at a LOS C or greater according to the Ada County Roadway Capacity Guidelines. These roads should be constructed to an ACHD standard for a collector road in a business district." Due to the fact that the District approved a similar design on the east side of Eagle Road and the applicants Traffic Engineer feels that a collector roadway is warranted with this development, District staff believes that a modification of policy 7204.11.6 is, both, warranted and justifiable. The driveway that is proposed to be located on Eagle Road approximately 1,150 -feet south of Overland Road was approved as a modification of policy by the District Commission on January 16, 2002. The public roadway that is proposed to be located on Eagle Road approximately 1,700 -feet south of Overland Road meets District policy. Because it meets District policy, it should be approved with this application. The public roadwa access point that is proposed to be located on Eagle Road approximately 2,400 -feet south of Overland Road is a collector roadway. This specific location meets District policy and should be approved with this application. K. The applicant is proposing to construct a spine road through the site with connections at Overland Road and Eagle Road. This roadway (Copper Point Way) is proposed to align with the roadway that was approved with the Silverstone Corporate Center. Due to the volumes of traffic this development is expected to generate, the recommendation of the applicants Traffic Engineer, and the applicant's proposed site plan, the applicant should construct this roadway as a 46 -foot street section with curbs, gutters and sidewalks. The street should be constructed within 70 -feet Eldoradoxmm Page 8 of right-of-way. Parking should be restricted on the proposed street, and the applicant should submit a signage plan prior to final plat approval. L. The proposed roadway on Eagle Road located approximately 1,700 -feet south of Overland Road is proposed to align with the roadway that was approved with the Silverstone Corporate Center. Due to the volumes of traffic this development is expected to generate, the recommendation of the applicants Traffic Engineer, and the applicants proposed site plan, the applicant should construct this roadway as a 46 -foot street section with curbs, gutters and sidewalks. The street should be constructed within 70 -feet of right-of-way. Parking should be restricted on the proposed street, and the applicant should submit a signage plan prior to final plat approval. M. 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. Due to the volumes of traffic this development is expected to generate, the recommendation of the applicants Traffic Engineer, and the applicants proposed site plan, the applicant should construct this roadway as a 46 -foot street section with curbs, gutters and sidewalks. The street should be constructed within 70 -feet of right-of-way. Parking should be restricted on the proposed street, and the applicant should submit a signage plan prior to final plat approval. N. The Silverstone Corporate Center has a comparable impact on the public roadway system. The Silverstone Corporate Center was required to construct center turn lanes on Eagle Road and Overland Road. To promote consistency and mitigate traffic in the area, the applicant should be required to construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for full access driveways. O. The applicant's site plan indicates a traffic signal on Eagle Road located approximately 1/3 -mile south of Overland Road. According to the submitted traffic study that was submitted by the Eldorado Business Campus' and the Silverstone Corporate Center's traffic impact studies, at full build -out, the projects should be required to construct the signal, and the necessary site improvements associated with the signal. The Eldorado Business Campus' traffic impact study specifically addresses the proposed signalized intersection and states that the Eldorado Business Campus should construct a left turn bay at the main entrance on Eagle Road. Based on ACHD Commission action, traffic signals cannot be installed at these intersections until there is a warrant. The applicant's traffic engineer should work with ACRD Traffic Services staff to determine when the warrant is met, or is close to being met. The developer should be financially responsible for the cost of one-half of the signal due to the fact that the Silverstone Corporate Center was required to contribute the half of the signal. This applicant should enter into a three way written agreement with the District for the cost and specific location of the traffic signal. P. The applicant is proposing to construct several landscape islands throughout the site. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should Eldoradoxrmn Page 9 be owned and maintained by a homeowners association. Notes of this should be required on the final plat. Q. The applicant is proposing to construct a stub street to the west property line. District staff recommends that a stub street be constructed to the west property line to provide connectivity throughout the area. District policy requires temporary turnarounds at the end of stub streets that serve more than one lot, or are greater than 150 -feet in length. The applicant should be required to provide a paved temporary turnaround at the west end of the stub street with a temporary easement provided to the District. The applicant should 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. R. The turnarounds should be constructed to provide a minimum turning radius of 55 -feet. S. Any existing irrigation facilities should be relocated outside of the right-of-way. T. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. U. 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 should be borne by the developer. V. ACHD's Park & Ride Division Staff have indicated the need for a park and ride location at the applicant's site. The District requests that applicant grant the District an easement for a 10 to 12 - space Park & Ride area at this site. Commuteride staff will contact the applicant to coordinate the location of the Park & Ride area. W. In order to reduce trips to and from this development it is recommended that Tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Pat Nelson at 387-6160. X. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) 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. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, carpools, bicycle and walking Eldoradoxnim Page 10 enhancements). An annual survey will be required of the TMA/TMO to monitor participation in alternative transportation programs and forwarded to the ACHD Commuteride Office. Y. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service without modifications to Eagle Road and Overland Road, and the intersection. Special Recommendation to City of Meridian: 1. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Ms. Pat Nelson at 387-6160. 2. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. The Overland/Eagle Road and Meridian/Overland Road intersections operate at a Level of Service F (LOS F), and are listed as one of the 100 most critical intersections in Ada County. Access control within the operating area of the intersection is vital to the safe operations of the intersection. The subject site's additional traffic will exacerbate the traffic problems at these intersections. 4. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service without modifications to Eagle Road and Overland Road, and the intersection. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 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. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. The applicant shall coordinate the dedication of right-of-way on Overland Road with District staff. Eldoradoxmm Page 11 2. 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. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. The applicant shall coordinate the dedication of right-of-way on Eagle Road with District staff. 3. 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 4. 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 5. Construct the proposed driveway on Overland Road approximately 240 -feet west of Eagle Road. This driveway meets District policy as a right-in/right-out driveway only and is approved with this application. The applicant shall coordinate with the Districts Traffic Services Division to determine a mean to restrict this driveway to a right-in/right-out driveway only (ie raised median, internal island, etc.). 6. 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. 7. Construct the proposed public roadwa access point located on Overland Road approximately 950 -feet west of Eagle Road is a collector roadway. This location is granted a modification of policy and is approved with this application. 8. Construct the proposed public roadwa 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. 9. 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. 10. Construct the proposed public roadwa on Eagle Road approximately 1,700 -feet south of Overland Road. This roadway meets District policy and is approved with this application. 11. Construct the proposed public roadwa 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. Eldorado.cmm Page 12 12. 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. 13. 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. 14. Construct the proposed roadway on Eagle Road located approximately 700 -feet south of Overland Road is proposed to offset a driveway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46 -foot street section with curbs, gutters and sidewalks within 70 -feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 15. Construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for all of the full access driveways. 16. Construct a left turn bay at the main entrance on Eagle Road. 17. Enter into a three way written agreement with the District for the cost and specific location of the traffic signal on Eagle Road. 18. 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. 19. 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. 20. The turnarounds shall be constructed to provide a minimum turning radius of 55 -feet. 21. Any existing irrigation facilities shall be relocated outside of the right-of-way. Eldoradoxmm Page 13 22. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 23. 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 24. 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. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9.00 a m on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. 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. Eldoradoxmm Page 14 5. 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. 6. 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. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. 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. 8. 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. 9. 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. Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Commission Action: Planning and Development Staff Eldoradoxmm Page 15 5nerry R. Huber, President Susan S. Eastlake 1st Vice President Dave Bivens, 2nd Vice President John S. Franden, Commissioner David E. Wvnkonn_ rnmmicei.,. — Ada County Highway District 318 East 37th Street Garden City ID 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 ail: tellus@ACHD.ada.id.us TO: Idaho Banking Company September 19, 2003 RECEIVED 6010 Fairview Avenue, P.O. Box 44639 SEP 2 2 2003 Boise, Idaho 83704 CityfMeridiiri SUBJECT: MCZC-03-049 City ClerkOffi'p�' Bank 1875 South Eagle Road On January 16, 2002 the Ada County Highway District Commissioners acted on Eldorado Business Campus (Bonito) Subdivision. The conditions and requirements also apply to MCZC-03-049. If you have any questions, please feel free to contact this office at (208) 387-6170. Sincerely, Development Analyst Right-of-way & Development Services Planning Division Cc: Planning & Development/Project File Planning & Development Services: City of Meridian Construction Services Drainage/Utilities Kimball Properties Limited Partnership 600 N. Steelhead Way, Suite 144 Boise, Idaho 83704 Larson Architects Cornel Larson 210 Murray Street Boise, Idaho 83714 Sep 03 03 10:08a QCI O m (yi 0 (n ^17hb11 K,V lnww�y. ^,lhb rJ�1-I- f•1 �WJ (>Vqy$, s � � O m (yi 0 (n ^17hb11 O�tV tt-Jr lnww�y. ^,lhb rJ�1-I- hm�R �WJ (>Vqy$, s � � � gO�o4,4��•,J t��30044��� 20Q 342 0092 !,•' u ✓J "k'u� ?R YSs ?'aI o'te �7r' Ui.• M O.j S , b -NV .V r'^u t• t, .i� ° �` ''H s � �2i'7 � `•'�fr,!p k•.�$�:# ��� , u�'!` N ,�'�,�, i �l�h �ttR � � a� 1< , E`Ii��.� •-�"�'-vL^J' f., �, >�:' •t �� $ � "�� `. 3' °iii Rv �'�e tlwa8�y4w�': (1a. fan ;lbw K 11 IR, ".�%' `i t, �: �+ pyo � 3•ei 1",. Cr �o � y.�:! W,� � '6 �� � A t�.q # 4�� � %�� r{ I sC,•"`. 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SIN/'INC ZOOI Td 'SIJll19)YI NOSY9i O lowdo I Q I J I : fIIIbih, N mp- g F" � m F Q 0 S mp- g ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat — Eldorado Business Campus s/w/c Overland Road/Eagle Road 15 -lots MCUP0I-037 / MAZO1-018 The application has been referred to ACRD by the City of Meridian for review and comment. The Eldorado Business Campus is a 32 -lot office/commercial subdivision on 85.36 -acres. The applicant is requesting rezone approval from R-1 to C-C/C-G, annexation approval, as well as preliminary plat approval for the 85.36 acre subdivision. The site is located at the southwest corner of Overland Road and Eagle Road. This development is estimated to generate 8,262 additional vehicle trips per day based on the submitted traffic impact study. Roads impacted by this development: Overland Road Eagle Road Interstate 84 ACHD Commission Date — January 16, 2002 —12:00 noon. Facts and Findings: A. General Information Owner — Winston Moore Applicant — W.H. Moore Company R-1 - Existing zoning (low-density residential) C-C/C-G — Proposed zoning (general commercial) 85.36 - Acres 32 - Proposed building lots 17 -Proposed common lots 4,950 - Total lineal feet of proposed public streets 285 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Eldorado.cmm Page 1 Overland Road Minor arterial with bike lane designation Traffic count of 13,551 on 11-30-99 (e/o Eagle Road) Traffic count of 11,422 on 11-30-99 (w/o Eagle Road) D -Existing Level of Service Greater than E - Existing plus project build -out Level of Service 1,300 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 54 to 48 -feet required right-of-way from centerline Overland Road is improved with 2 -lanes with no curb, gutter or sidewalk abutting the site. There is a southbound turn lane on Overland Road at the Eagle Road intersection. The Overland/Eagle Road intersection currently operates at a level of service F. Eagle Road Minor arterial with bike lane designation Traffic count of 19,790 on 11-30-99 (n/o Overland Road) Traffic count of 7,498 on 2-2-00 (s/o Overland Road) Traffic count of 44,397 on 10-19-99 (n/o I-84) C - Existing Level of Service D - Existing plus project build -out Level of Service 2,700 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 52 to 48 -feet required right-of-way from centerline Abutting the site Eagle Road is improved with two travel lanes with no curb, gutter or sidewalk. North of Overland Road Eagle Road widens to 5 -lanes. North of I-84 Eagle Road is under the jurisdiction of ITD. Interstate 84 Traffic count on I-84 was not available 0 -feet of frontage Interstate 84 is three lanes eastbound and three lanes westbound. There is an "ON" and "OFF" ramp at Eagle Road. B. The Overland/Eagle Road and Meridian/Overland Road intersections operate at a Level of Service F (LOS F), and are listed as one of the 100 most critical intersections in Ada County. Access control within the operating area of the intersection is vital to the safe operations of the intersection. The subject site's additional traffic will exacerbate the traffic problems at these intersections. Eldoradoxnitn Page 3 C. The Overland Road / Eagle Road intersection is in the Five Year Work program. With the reconstruction of this intersection, the level of service for Eagle Road, Overland Road and the intersection are anticipated to improve. D. On March 14, 2001, the Commission approved the original Silverstone Corporate Center located directly across from the proposed Eldorado Business Campus. The Silverstone Corporate Center was estimated to generate approximately 9,629 vehicle trips per day. The Eldorado Business Campus is estimated to generate approximately 8,262 vehicle trips per day. On November 7, 2001, the Commission considered and allowed the Silverstone Corporate Center to have a fourth access point on Eagle Road due to the fact that the Silverstone Corporate Center had an extraordinary circumstance before them. Staff supported a fourth access on Eagle Road because of three key major components: 1. The Silverstone Corporate Center did not anticipate ownership of the newly acquired parcel, 2. They placed the access point (a public street) in a safer location than if they had not been approved with this request and 3. The applicant did not request direct access to Eagle Road when a formal application was filed for the newly acquired parcel (Silverstone 11) with the City of Meridian or the District. On January 9, 2002, the Commission formally acted on Silverstone II, the newly acquired parcel. Silverstone II did not request a new access point to Eagle Road. Rather, they subdivided the 7.83 acre site into 31 -lot commercial subdivision and took access from the fourth access point that was approved on November 7, 2001. E. The formal application that was submitted to the City of Meridian and the District showed three access points on Eagle Road. Since the District received the formal submittal, the applicant has requested a fourth access point located on Eagle Road approximately 1,150 -feet south of Overland Road. On January 16, 2002, the Commission formally acted on the Eldorado Business Campus and granted the fourth access point to Eagle Road. This access point was proposed to be a driveway located on Eagle Road approximately 1,150 -feet south of Overland Road. The following report reflects the Commissions formal action. F. The applicant hired Earth Tech Traffic Engineering to perform a traffic analysis of this site. The analysis has identified the following conclusions, and this information has been verified by District staff: ■ The proposed development is projected to generate an average daily traffic (ADT) of 8262 vehicles per day (vpd), of which the PM peak hour traffic (PHT) is 1085 vehicles per hour (vph). ■ At build -out, the project will add 5,420 vehicles per day to Eagle Road north of the site, of these trips 727 will take the westbound I-84 ramp, 2,148 will travel eastbound on I-84, and the remaining 2,545 will continue to the north. An additional 942 vehicles per day will travel south of the site on Eagle Road. The project will also add 1,182 vehicles per day to Overland Road east of the site and 727 vehicles per day on Overland Road west of the site. Eldoradoxnim Page 4 ■ The intersection of Eagle Road and Overland Road is currently operating at Level Of Service (LOS) F. It will operate at a LOS F under background conditions with or without the site traffic. This Development should be required to participate in improvements to this intersection to bring it up to an acceptable level of service. ■ The intersection of Eagle Road and the Eastbound and Westbound off ramps of I-84 will function at an acceptable LOS with the addition of the site traffic. This assumes that the proposed signal in the Eastbound off -ramp is constructed by ITD. ■ The intersection of Eagle Road and Franklin Road will operate at LOS F with or without the project. Improvements to this intersection will require additional right-of-way and coordination with the other projects. Since the majority of the traffic will be coming from other growth in the area, widening of this intersection should be considered by ACHD and ITD. ■ The intersection of Overland Road and Meridian Road will operate at LOS F with or without the project. Additional lanes are required to make this intersection operate at an acceptable LOS D. This intersection is within the limits of a proposed project by ACRD. The site traffic should be included in the planning of the ACHD improvement project. ■ The intersection of Overland Road and Cloverdale Road will operate at LOS E under background traffic. This site traffic will reduce the operation to LOS F. Additional lanes are required to make this intersection operate at an acceptable LOS E. This area will probably see development in the coming years. ■ The intersection of Eagle Road and Victory Road will operate at LOS D under background traffic. The intersection operation will reduce to LOS F with the addition of site traffic. Adding a southbound left turn lane to this intersection would increase the operation to an acceptable LOS C. ■ Eagle Road south of the project will operate at an acceptable level of service after build out of the project. The site should contribute right -or -way for future roadway expansion. Since Eagle Road is on a section line, it is assumed that the future roadway will be a five -lane road. ■ Eagle Road north of the site will operate at an acceptable level of service after build out of the project. ■ Overland Road west of Eagle Road will operate at an acceptable level of service for athree-lane road. A three -lane road is proposed to be built by ACHD on this section of roadway. ■ Overland Road east of Eagle Toad will operate at a poor level of service after build out of the project. The Silverstone Corporate Center Traffic Impact Study suggests that right-of-way should be dedicated for a five -lane future roadway. ■ The project should be required to construct a signal at the south main entrance to the site on Eagle Road. ■ The on-site roadways will operate above LOS C. ■ The signalized entrance to El Dorado, along Eagle Road, will operate at a LOS C. ■ The north unsignalized entrance, along Eagle Road, will operate at a LOS E. ■ The south-unsignalized entrance, along Eagle Road, will operate at a LOS C. ■ The west unsignalized entrance along Overland Road will operate at a LOS C. ■ The middle unsignalized entrance, along Overland Road, will operate at a LOS C. ■ The east unsignalized entrance, along Overland Road, will operate at a LOS B. ■ The signalized entrance to El Dorado along Eagle Road will operate at a LOS C. Eldoradoxmm Page 5 Pending projects assumed to be built by build -out and included in the analysis. ■ Locust Grove Overpass, and associated projects (RD157, RD15713, F201-01, F201-0113). These projects are all either unfunded or pending and are not scheduled to begin acquiring R/W until at least 2004 for the overpass. ■ Overland Rd, Eagle Rd/Cloverdale Rd (RD072) — Reconstruct and widen to 5 -lane urban section. (unfunded) ■ Overland Rd, Locust Grove Rd/Eagle Rd (RD266) — 4/5 -lane rural section. (2005) Project not included in the traffic analysis that will affect the impact area. ■ Project RD201-02, on Cloverdale Road between Overland Road and the I-84 overpass. This project includes widening the overpass to three lanes and will also include intersection work at Cloverdale and Overland that will widen all four approaches to a 5 -lane rural section. This intersection. This project is scheduled to begin in Oct. 2002 and be completed by Summer 2003. G. The applicant should be required to 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 H. The applicant should be required to 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 I. District policy 7204.7.3 states that access points on arterials are based on the following: One access point for less than 150 -feet of frontage ❖ Two access points for 150 -600 -feet of frontage Three access points for greater than 600 -feet of frontage. Access points are considered to be both public streets and driveways. Due to the fact that this parcel has approximately 1,300 feet of frontage, they are allowed a maximum of three access points to Overland Road. The applicant is proposing three access points on Overland Road. The access points are proposed to be located in the following locations: ♦ The applicant is proposing to construct a driveway on Overland Road approximately 240 -feet west of Eagle Road ♦ The applicant is proposing to construct a driveway on Overland Road approximately 550 -feet west of Eagle Road ♦ The applicant is proposing to construct a public road on Overland Road approximately 950 -feet west of Eagle Road Eldoradoxnun Page 6 District policy requires driveways on arterial roadways to align or offset a 150 -feet from any existing or proposed street. These Spacing requirements are illustrated in Figure 72-F5. If the driveway is proposed to be located at or near a signalized intersection, the driveway should align or offset a minimum of 440 -feet for a full access driveway or 220 -feet for a right- in/right-out driveway. These spacing requirements are illustrated in Figure 72-F3. The driveway that is proposed to be located on Overland Road approximately 240 -feet west of Eagle Road meets District policy as a right-in/right-out driveway only. Because it meets District policy, it should be approved with this application. The driveway that is proposed to be located on Overland Road approximately 550 -feet west of Eagle Road meets District policy as a full -access driveway. Because it meets District policy, it should be approved with this application. District policy 7204.11.6 restricts access to collector and arterial roadways. Due to the fact that access is restricted on collector and arterial roadways the applicant should construct the new public streets entering onto the arterial public roadway system to align or offset a minimum number of feet from any existing or proposed street. These spacing requirements are listed on in policy number 7204.11.6 and states, "the optimum spacing for collector intersections along arterials is 1,700 -feet to allow adequate signal spacing. The minimum spacing for collector intersections along arterials is 1,300 -feet." The public roadwa access point that is proposed to be located on Overland Road approximately 950 -feet west of Eagle Road is a collector roadway. This specific location does not meet District policy. Earth Tech, the applicants Traffic Engineer, states, and "the internal roadways will adequately handle projected traffic volumes at a LOS C or greater according to the Ada County Roadway Capacity Guidelines. These roads should be constructed to an ACHD standard for a collector road in a business district." Due to the fact that the District approved a similar design on the east side of Eagle Road and the applicants Traffic Engineer feels that a collector roadway is warranted with this development, District staff believes that a modification of policy 7204.11.6 is, both, warranted and justifiable. District policy 7204.7.3 states that access points on arterials are based on the following: •3 One access point for less than 150 -feet of frontage ❖ Two access points for 150 -600 -feet of frontage ❖ Three access points for greater than 600 -feet of frontage. Access points are considered to be both public streets and driveways. Due to the fact that this parcel has approximately 1,300 feet of frontage, they are allowed a maximum of three access points to Overland Road. The applicant is proposing four access points on Eagle Road. The access points are proposed to be located in the following locations: Eldoradoxnmi Page 7 ♦ The applicant is proposing to construct a public roadwa on Eagle Road approximately 700 -feet south of Overland Road ♦ The applicant is proposing to construct a drivewa located on Eagle Road approximately 1,150 -feet south of Overland Road. ♦ The applicant is proposing to construct a public roadwa on Eagle Road approximately 1,700 -feet south of Overland Road ♦ The applicant is proposing to construct a public roadwa on Eagle Road approximately 2,400 -feet south of Overland Road District policy 7204.11.6 restricts access to collector and arterial roadways. Due to the fact that access is restricted on collector and arterial roadways the applicant should construct the new public streets entering onto the arterial public roadway system to align or offset a minimum number of feet from any existing or proposed street. These spacing requirements are listed on in policy number 7204.11.6. The public roadwa access point that is proposed to be located on Eagle Road approximately 700 -feet south of Overland Road is a collector roadway. This specific location does not meet District policy. Earth Tech, the applicants Traffic Engineer, states, "the internal roadways will adequately handle projected traffic volumes at a LOS C or greater according to the Ada County Roadway Capacity Guidelines. These roads should be constructed to an ACRD standard for a collector road in a business district." Due to the fact that the District approved a similar design on the east side of Eagle Road and the applicants Traffic Engineer feels that a collector roadway is warranted with this development, District staff believes that a modification of policy 7204.11.6 is, both, warranted and justifiable. The driveway that is proposed to be located on Eagle Road approximately 1,150 -feet south of Overland Road was approved as a modification of policy by the District Commission on January 16, 2002. The public roadway that is proposed to be located on Eagle Road approximately 1,700 -feet south of Overland Road meets District policy. Because it meets District policy, it should be approved with this application. The public roadwa access point that is proposed to be located on Eagle Road approximately 2,400 -feet south of Overland Road is a collector roadway. This specific location meets District policy and should be approved with this application. K. The applicant is proposing to construct a spine road through the site with connections at Overland Road and Eagle Road. This roadway (Copper Point Way) is proposed to align with the roadway that was approved with the Silverstone Corporate Center. Due to the volumes of traffic this development is expected to generate, the recommendation of the applicants Traffic Engineer, and the applicant's proposed site plan, the applicant should construct this roadway as a 46 -foot street section with curbs, gutters and sidewalks. The street should be constructed within 70 -feet Eldoradoxnim Page 8 of right-of-way. Parking should be restricted on the proposed street, and the applicant should submit a signage plan prior to final plat approval. L. The proposed roadway on Eagle Road located approximately 1,700 -feet south of Overland Road is proposed to align with the roadway that was approved with the Silverstone Corporate Center. Due to the volumes of traffic this development is expected to generate, the recommendation of the applicants Traffic Engineer, and the applicants proposed site plan, the applicant should construct this roadway as a 46 -foot street section with curbs, gutters and sidewalks. The street should be constructed within 70 -feet of right-of-way. Parking should be restricted on the proposed street, and the applicant should submit a signage plan prior to final plat approval. M. 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. Due to the volumes of traffic this development is expected to generate, the recommendation of the applicants Traffic Engineer, and the applicants proposed site plan, the applicant should construct this roadway as a 46 -foot street section with curbs, gutters and sidewalks. The street should be constructed within 70 -feet of right-of-way. Parking should be restricted on the proposed street, and the applicant should submit a signage plan prior to final plat approval. N. The Silverstone Corporate Center has a comparable impact on the public roadway system. The Silverstone Corporate Center was required to construct center turn lanes on Eagle Road and Overland Road. To promote consistency and mitigate traffic in the area, the applicant should be required to construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for full access driveways. O. The applicant's site plan indicates a traffic signal on Eagle Road located approximately 1/3 -mile south of Overland Road. According to the submitted traffic study that was submitted by the Eldorado Business Campus' and the Silverstone Corporate Center's traffic impact studies, at full build -out, the projects should be required to construct the signal, and the necessary site improvements associated with the signal. The Eldorado Business Campus' traffic impact study specifically addresses the proposed signalized intersection and states that the Eldorado Business Campus should construct a left turn bay at the main entrance on Eagle Road. Based on ACHD Commission action, traffic signals cannot be installed at these intersections until there is a warrant. The applicant's traffic engineer should work with ACHD Traffic Services staff to determine when the warrant is met, or is close to being met. The developer should be financially responsible for the cost of one-half of the signal due to the fact that the Silverstone Corporate Center was required to contribute the half of the signal. This applicant should enter into a three way written agreement with the District for the cost and specific location of the traffic signal. P. The applicant is proposing to construct several landscape islands throughout the site. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should Eldoradoxnim Page 9 be owned and maintained by a homeowners association. Notes of this should be required on the final plat. Q. The applicant is ,proposing to construct a stub street to the west property line. District staff recommends that a stub street be constructed to the west property line to provide connectivity throughout the area. District policy requires temporary turnarounds at the end of stub streets that serve more than one lot, or are greater than 150 -feet in length. The applicant should be required to provide a paved temporary turnaround at the west end of the stub street with a temporary easement provided to the District. The applicant should 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. R. The turnarounds should be constructed to provide a minimum turning radius of 55 -feet. S. Any existing irrigation facilities should be relocated outside of the right-of-way. T. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. U. 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 should be borne by the developer. V. ACHD's Park & Ride Division Staff have indicated the need for a park and ride location at the applicant's site. The District requests that applicant grant the District an easement for a 10 to 12 - space Park & Ride area at this site. Commuteride staff will contact the applicant to coordinate the location of the Park & Ride area. W. In order to reduce trips to and from this development it is recommended that Tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation: Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Pat Nelson at 387-6160. X. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) 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. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, carpools, bicycle and walking Eldoradoxnmi Page 10 enhancements). An annual survey will be required of the TMA/TMO to monitor participation in alternative transportation programs and forwarded to the ACHD Commuteride Office. Y. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service without modifications to Eagle Road and Overland Road, and the intersection. Special Recommendation to City of Meridian: 1. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Ms. Pat Nelson at 387-6160. 2. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. 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 will 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 will not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service without modifications to Eagle Road and Overland Road, and the intersection. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 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. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. The applicant shall coordinate the dedication of right-of-way on Overland Road with District staff. Eldoradoxnun Page 11 2. 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. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. The applicant shall coordinate the dedication of right-of-way on Eagle Road with District staff. 3. 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 4. 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 5. Construct the proposed driveway on Overland Road approximately 240 -feet west of Eagle Road. This driveway meets District policy as a right-in/right-out driveway only and is approved with this application. The applicant shall coordinate with the Districts Traffic Services Division to determine a mean to restrict this driveway to a right-in/right-out driveway only (ie raised median, internal island, etc.). 6. 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. 7. Construct the proposed public roadwa access point located on Overland Road approximately 950 -feet west of Eagle Road is a collector roadway. This location is granted a modification of policy and is approved with this application. 8. 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. 9. 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. 10. Construct the proposed public roadwa on Eagle Road approximately 1,700 -feet south of Overland Road. This roadway meets District policy and is approved with this application. 11. 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. Eldorado.cmm Page 12 12. 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. 13. 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. 14. Construct the proposed roadway on Eagle Road located approximately 700 -feet south of Overland Road is proposed to offset a driveway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46 -foot street section with curbs, gutters and sidewalks within 70 -feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 15. Construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for all of the full access driveways. 16. Construct a left turn bay at the main entrance on Eagle Road. 17. Enter into a three way written agreement with the District for the cost and specific location of the traffic signal on Eagle Road. 18. 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. 19. 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. 20. The turnarounds shall be constructed to provide a minimum turning radius of 55 -feet. 21. Any existing irrigation facilities shall be relocated outside of the right-of-way. Eldoradoxmm Page 13 22. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 23. 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 24. 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. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such,a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9.00 a.m. on the day scheduled for ACRD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. 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. Eldoradoxmm Page 14 5. 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. 6. 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. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 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. 8. 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. 9. 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. Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by_ Commission Action: Planning and Development Staff Eldoradoxmm Page 15 Valley Times PO Box 1790 Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account: - Identification: Wof/'ee off' ,�tPaki n9 Address: 33 ( /moo � Run Dates: Number Lines: �� �I Amount: Attention: zuw� Other: e Geneva A. Trent, being duly sworn, deposes and says: That she is the Principal Clerk of Valley Times,a weekly newspaper published at Count, Ada Eagle, , State of Idaho; that the said � Ovalle �� g y 4 b a b°y at' �' newspaper is in general circulation in the said d County of Ada, and in the vicinity of Meridian, b c w N ._`; NOTICE OE. HEARING Star, and Eagle, and has been uninterruptedly o o NGTicE is HEREBY GIVEN published in said County during a period of .� v e a pursuant to tithe Ordinances 1. of the City seventy-eight consecutive weeks prior to the first ° A -,o i ; of Meridian and the'Laws of the State a a w 42 l of >daho that the city council of the publication Of this notice, a copy of which is attached `0 3 city of Meridian wrllhold a pubtie nears hereto, and that the notice was published in H g r,� ;king: at tne�Mgnd�an'City Hau; 33 s galley Times, in conformity with Section 60-108, 3 ,C v, ° a,00 M c N $ a ti,� 'Idaho Street; Mer>dian, Idaho, at e a u ° hour of 6:30 p.m. on March 19, 2002, Idaho Code, as amended, for time(s) =, H U E~ ' for`the purpose'of te+siewing and con in the regular and entire issue of said paper, and k 2:,o w° „� sidering the applications of: • was tinted in the newspaper ro er and not in a .U 0 5 r W.H: Moore company for annex .', pproper, w anon anti zoning ofss.36 aeras from "� supplement; and that said notice was published iu v c o � o _y S RUT to C -C and GG zones for pro- On the following dates: •'� ' a v G 3 'Posed Ei Dorado Subdivision, pre- Beginning: rS ° 'S x ° o rn limmary plat approval for 32 building Z b w 5 o W r` lots and 17. other lots. on 85.36 acres U° tj; a a°' w v in proposed C -C and C -G zones and a o c m Conditional Use Permit for amixed- En ng: 00 o 'G .° . `< use with off ce, retail, restaurant and „ c > N ' hotel/motel for the ,proposed E,I W 2 x opo cq b Dorado ,Business Campus generally A 6 o 0 o 1! j located at the southwest comer of East. zp �:N o OverlaCna R ital Developmentd and Sou aCo pagle ng STATE OF IDAHO ) d,o 'o'g o u �.'� P,,, ° �°, !' �+ 'S 'E r v lot annexation and zoning of 77.9 )SS «_ oa °.cap ,> a acres .from R -T to R-8 zones for ) � 'COUNTY OF ADA u 4 Baldwin Park Subdivision,. prelimi- w T g ,>.nary plat approval for 272 buildmg'lots , On this day Of_; in the year of 2002 Q c g Z co�' 'and 16 other lots on 77.9 acres in 'a . ;before me, a Notary Publ c, personally appeared o E! E ; R • proposed R-8 zone and'a variance on Geneva A. Trent known or identified to me to be the person - ,d ? c o, R 'block lengths for•one side of two blocks a T o o .lengths within the propose Baldwin whose name is subscribed to the within instrument, 0 o ° a ,, '08 ° y and being by me first duly sworn, declared that the � U M � � ;Park Subdivision generall located on w a a °i; ,, g a •- or mie sout'of Linder Rad one quarte statements herein are true, and acknowledged to me that w '0 ° C- a. - ° .> ,' w ° � ° -- Q McMillan Road. , G.L.- Voigt, Development for va-. she w a o S• A g o. cation of an existing sewer easement _ „ U U o c ;� °o_ in the proposed Sundance Place x •y •� H a• H .Subdivision generally located•on the Z 3 S' a o v = . west side Meridian Road one half ' NO' V„ U a mile north of Ustick Road,` ; e ° h U W••y PUBLISH ;25'" of February and • Re 'March_I j1h , 2002 1_ My n&;,ibrVdkl5ires, sa • l' BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR EL DORADO BUSINESS CAMPUS IN A C -C AND C -G ZONE, LOCATED AT THE SOUTHWEST CORNER OF E. OVERLAND RAOD AND S. EAGLE ROAD, MERIDIAN, IDAHO W.H. MOORE COMPANY, APPLICANT C/C 03/19/02 Revised 04/02/02 Case No. CUP -01-037 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on March 19, 2002 at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, Jonathan Seal, Joseph Waters, Frank Harron, Chris McMasters, and Cornell Larsen, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to -wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 19, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one 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 March 19, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17- 5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 of Posting filed with the staff report. 3. This proposed development request is in an RUT zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at the southwest corner of E. Overland Road and S. Eagle Road, Meridian, Idaho. 5. The owner of record of the subject property is Kimball Properties Limited Partnership, Managing Partner: Winston H. Moore of Boise, Idaho. 6. Applicant is W. H. Moore Company of Boise, Idaho. 7. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to C -C and C -G before the City Council. The zoning districts of C -C and C -G are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a planned development for a mix of uses such as office, retail, restaurants, and hotels/motels. The C -C and C -G zoning designations within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 1. A multi use pathway shall be constructed along the Ridenbaugh Canal. The Applicant shall work with the Parks Department to determine the location, dedication, maintenance, surfacing, landscaping, and other improvements associated with a Multi- use pathway. Ten copies of a revised site plan indicating the location, width, landscaping and associated improvements of the pathway(s) shall be submitted. The following standards shall apply to the multi use path: 1. A minimum 10 -foot wide hard surface pathway shall be constructed by the Applicant; 2. The pathway shall be constructed either within a permanent pedestrian easement in favor of the City of Meridian or within a separate common lot that is deeded to the City of Meridian; 3. Said pedestrian easement or common lot shall connect to the public sidewalk adjacent to Eagle Road in the general area of the southeast corner of Lot 1, Block 1 and meander due west and terminate at the west subdivision boundary. The easement or common lot shall be at least 20 feet wide at its narrowest point and be 30 feet wide where building locations and topography will allow, and may, to the extent permitted by NMID, encroach upon that part of the Ridenbaugh Canal 100 feet right-of-way lying north of the canal maintenance road; 4. A minimum 5 -foot wide strip of landscaping or natural vegetation that creates a durable groundcover shall be provided between the fence and the south edge of pathway. Said vegetation may be provided either within the pedestrian easement or within NMID's easement; 5. No solid fencing will be permitted on the north side of the pathway, between the buildings and the pathway, except as otherwise agreed upon in writing by the City; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 6. An open -vision fence shall be constructed on the south side of the pathway and north of the irrigation maintenance road, as close to the top of bank as will be permitted by the Nampa Meridian Irrigation District; 7. The pathway and associated landscaping shall be improved prior to the first Certificate of Occupancy being issued south of Copper Point Drive or by the opening of the future city park vest of El Dorado Business Campus Subdivision, whichever comes first. 2. Buildings located on the properties adjacent to the Thousand Springs Subdivision (south property line) shall be restricted to a maximum of 35' feet to the top of the roof in height (as opposed to 40'). One building is permitted north of the stub road, along the west edge, prior to approved final plat. 3. Bicycle racks shall be installed at all buildings used for office and retail use within the El -Dorado Subdivision. 4. The applicant shall be responsible for reserving or dedicating an area within the development to be used for a future bus stop. Applicant shall coordinate the timing, size and location of the bus stop with the VIATrans staff and submit a letter to the P&Z Department prior to final approval of the perimeter landscaping plan. 5. The proposed.- internal jogging path crosses through several parking lots within the subdivision. The pathway has been designed to cross though the parking lots by placing the pathway within the parking medians. The applicant shall provide a conceptual drawing of the pathways that are to be located within the medians. The design shall incorporate the required landscaping, the jogging path and other buffers, as needed, to eliminate vehicle overhang from interfering with the pathway. The drawing shall be submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 6. The project provides for two open spaces, jogging path and pedestrian pathway. 7. The applicant comply with the demand of Nampa &. Meridian Irrigation District that all laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31-3805. It is recommended that irrigation water be made available to all developments within the Nampa &. Meridian Irrigation District. 8. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 9. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 10. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 11. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 13. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 14. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Adopt the Recommendations of ACHD as follows: Special Recommendation to City of Meridian: 15. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. 16. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. 17. The Overland/Eagle Road and Meridian/Overland Road intersections operate at a Level of Service F (LOS F), and are listed as one of the 100 most critical intersections in Ada County. Access control within the operating area of the intersection is vital to the safe operations of the intersection. The subject site's additional traffic will exacerbate the traffic problems at these intersections. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 18. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service without modifications to Eagle Road and Overland Road, and the intersection. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACRD approval of the final plat: Site Specific Requirements: 19. Dedicate 54 to 48 -feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 20. 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. 21. Construct a 5 -foot wide detached concrete sidewalk on Eagle Road located 2 -feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 22. Construct a 5 -foot wide detached concrete sidewalk on Overland Road located 2 -feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of- way, provide an easement for the sidewalk. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 23. Construct the proposed driveway on Overland Road approximately 240 -feet west of Eagle Road. This driveway meets District policy as a right-in/right-out driveway only and is approved with this application. The applicant shall coordinate with the Districts Traffic Services Division to determine a mean to restrict this driveway to a right-in/right- out driveway only (i.e. raised median, internal island, etc.). 24. 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. 25. Construct the proposed public roadway access point located on Overland Road approximately 950 -feet west of Eagle Road is a collector roadway. This location is granted a modification of policy and is approved with this application. 26. 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. 27. Construct the proposed driveway on Eagle Road located approximately 1,150 -feet south of Overland Road. This driveway was granted as a modification of policy by the District's Commission on January 16, 2002. 28. Construct the proposed public roadway on Eagle Road approximately 1,700 -feet south of Overland Road. This roadway meets District policy and is approved with this application. 29. Construct the proposed public roadway on Eagle Road approximately 2,400 -feet south of Overland Road as a full access roadway. This roadway meets District policy and is approved with this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 30. Construct the proposed spine road with connections at Overland Road and Eagle Road, as proposed. This roadway shall be constructed as a 46 -foot street section with curbs, gutters and sidewalks within 70 -feet of right-of-way, as proposed. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 31. Construct the proposed roadway on Eagle Road located approximately 1,700 -feet south of Overland Road to align with the roadway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46 -foot street section with curbs, gutters and sidewalks within 70 -feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 32. Construct the proposed roadway on Eagle Road located approximately 700 -feet south of Overland Road is proposed to offset a driveway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46 - foot street section with curbs, gutters and sidewalks within 70 - feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 33. Construct center -turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for all of the full access driveways. 34. Construct a left turn bay at the main entrance on Eagle Road. 35. Enter into a three way written agreement with the District for the cost and specific location of the, traffic signal on Eagle Road. 36. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - I I maintained by a homeowners association. Notes of this shall be required on the final plat. 37. Construct a stub street to the west property line. The applicant has proposed that the stub street be located approximately 450 feet north of the south property line. Staff is supportive of this location or any location that is located south of the proposed Lot 11. The applicant shall construct the stub street and provide a paved temporary turnaround at the west end of the stub street with a temporary easement provided to the District. The applicant shall be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround (if necessary) with District staff. 38. The turnarounds shall be constructed to provide a minimum turning radius of 55 -feet. 39. Any existing irrigation facilities shall be relocated outside of the right-of-way. 40. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 41. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 42. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Overland Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Meridian Fire Department Recommendations as follows: 43. A fire -flow consistent with Appendix III -A of the Uniform Fire Code shall be provided to service the entire project. Fire FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 hydrants shall be placed an average of 400' apart at approved locations. 44. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 45. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 46. Final approval for fire hydrant location shall be by the Meridian Fire Department. 47. All turning radii shall be a minimum of 28' inside and 48' outside. 48. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 49. The roadways shall be built to Ada County Highway standards. 50. Provide an approved turnaround on the West end of Goldstone Way or provide a connection to the adjacent project. Adopt the Recommendation of the Nampa &. Meridian Irrigation District as follows: 51. Applicant shall apply for a land use change/site application, and all laterals and waste ways must be protected and all municipal surface drainage, must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code §31-3805. Adopt the Recommendation of the Meridian Parks and Recreation as follows: 52. The pathway construction shall include a stop sign at Eagle Road, non -motorized vehicle signs, and vehicle restriction bollards at both ends of the path shall be required also. Any other access points that the vehicles could enter, 33 -gallon FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 garbage receptacles should be installed on small concrete slabs every 300 to 400 feet. Adopt the Recommendations of the Central District Health Department as follows: 53. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health &- Welfare, Division of Environmental Quality. 54. Run-off is not to create a mosquito breeding problem. 55. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater, and surface water quality. 56. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 57. Applicant shall submit plans for review for any and all food establishments, swimming pools or spas, beverage establishments. Adopt the Recommendations of Sanitary Services as follows: 5 8. The complex will generate approximately 3.5 cubic yards per day. Applicant shall allow a minimum of 12' inside gate post clearance and a clear obstruction free drive on capability for an 8 cubic yard container. 13. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping, and other features as may be required by this ordinance; it is found that the subject property is large enough to accommodate FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 the requested use and all other required features. 14. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; it is found that the current Comprehensive Plan Land Use Map designates the property as "Mixed Planned Development". The proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. 15. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character o the same area. 16. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; it is found that the proposed use would not adversely affect other properties in the general vicinity. 17. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services. 18. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 economic welfare of the community. 19. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 20. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets. 21. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. CONCLUSIONS OF LAW I. 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 (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17- 3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Community Business District (C -C) and General Retail and Service Commercial District (C -G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this 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 be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a planned development for a mix of uses such as office, retail, restaturants, and hotels/motels in C -C and C -G zones located at the southwest corner of E. Overland Road and S. Eagle Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. A multi use pathway shall be constructed along the Ridenbaugh Canal. The Applicant shall work with the Parks Department to determine the location, dedication, maintenance, surfacing, landscaping, and other improvements associated with a Multi -use pathway. Ten copies" of a revised site plan indicating the location, width, landscaping and associated improvements of the pathway(s) shall be submitted. The following standards shall apply to the multi use path: 1. A minimum 10 -foot wide hard surface pathway shall be constructed by the Applicant; 2. The pathway shall be constructed either within a permanent pedestrian easement in favor of the City of Meridian or within a separate common lot that is deeded to the City of Meridian; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 3. Said pedestrian easement or common lot shall connect to the public sidewalk adjacent to Eagle Road in the general area of the southeast corner of Lot 1, Block 1 and meander due west and terminate at the west subdivision boundary. The easement or common lot shall be at least 20 feet wide at its narrowest point and be 30 feet wide where building locations and topography will allow, and may, to the extent permitted by NMID, encroach upon that part of the Ridenbaugh Canal 100 feet right-of-way lying north of the canal maintenance road; 4. A minimum 5 -foot wide strip of landscaping or natural vegetation that creates a durable groundcover shall be provided between the fence and the south edge of pathway. Said vegetation may be provided either within the pedestrian easement or within NMID's easement; 5. No solid fencing will be permitted on the north side of the pathway, between the buildings and the pathway, except as otherwise agreed upon in writing by the City; 6. An open -vision fence shall be constructed on the south side of the pathway and north of the irrigation maintenance road, as close to the top of bank as will be permitted by the Nampa Meridian Irrigation District; 7. The pathway and associated landscaping shall be improved prior to the first Certificate of Occupancy being issued south of Copper Point Drive or by the opening of the future city park west of El Dorado Business Campus Subdivision, whichever comes first. 2. Buildings located on the properties adjacent to the Thousand Springs Subdivision (south property line) shall be restricted to a maximum of 35' feet to the top of the roof in height (as opposed to 40'). One building is permitted north of the stub road, along the west edge, prior to approved final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 3. Bicycle racks shall be installed at all buildings used for office and retail use within the El -Dorado Subdivision. 4. The applicant shall be responsible for reserving or dedicating an area within the development to be used for a future bus stop. Applicant shall coordinate the timing, size and location of the bus stop with the VIATrans staff and submit a letter to the P&Z Department prior to final approval of the perimeter landscaping plan. 5. The proposed internal jogging path crosses through several parking lots within the subdivision. The pathway has been designed to cross though the parking lots by placing the pathway within the parking medians. The applicant shall provide a conceptual drawing of the pathways that are to be located within the medians. The design shall incorporate the required landscaping, the jogging path and other buffers, as needed, to eliminate vehicle overhang from interfering with the pathway. The drawing shall be submitted. 6. The project provides for two open spaces, jogging path and pedestrian pathway. 7. The applicant comply with the demand of Nampa &. Meridian Irrigation District that all laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation- District must review drainage plans. The developer must comply with Idaho Code §31-3805. It is recommended that irrigation water be made available to all developments within the Nampa &. Meridian Irrigation District. 8. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 9. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 10.Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. I I .Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12.A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 13.Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 14.All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Adopt the Recommendations of ACHD as follows: Special Recommendation to City of Meridian: 15. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 23 employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. 16. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. 17. The Overland/Eagle Road and Meridian/Overland Road intersections operate at a Level of Service F (LOS F), and are listed as one of the 100 most critical intersections in Ada County. Access control within the operating area of the intersection is vital to the safe operations of the intersection. The subject site's additional traffic will exacerbate the traffic problems at these intersections. 18. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service without modifications to Eagle Road and Overland Road, and the intersection. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 19. Dedicate 54 to 48 -feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 24 20. 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. 21. Construct a 5 -foot wide detached concrete sidewalk on Eagle Road located 2 -feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 22. Construct a 5 -foot wide detached concrete sidewalk on Overland Road located 2 -feet within the new 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. 23. Construct the proposed driveway on Overland Road approximately 240 -feet west of Eagle Road. This driveway meets District policy as a right-in/right-out driveway only and is approved with this application. The applicant shall coordinate with the Districts Traffic Services Division to determine a mean to restrict this driveway to a right-in/right- out driveway only (i.e. raised median, internal island, etc.). 24. 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. 25. Construct the proposed public roadway access point located on Overland Road approximately 950 -feet west of Eagle Road is a collector roadway. This location is granted a modification of policy and is approved with this application. 26. Construct the proposed public roadway on Eagle Road approximately 700 -feet south of Overland Road as a full -access FINDINGS OF FACT AND CONCLUSIONS. OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 25 roadway. This roadway meets District policy and is approved with this application. 27. Construct the proposed driveway on Eagle Road located approximately 1,150 -feet south of Overland Road. This driveway was granted as a modification of policy by the District's Commission on January 16, 2002. 28. Construct the proposed public roadway on Eagle Road approximately 1,700 -feet south of Overland Road. This roadway meets District policy and is approved with this application. 29. Construct the proposed public roadway on Eagle Road approximately 2,400 -feet south of Overland Road as a full access roadway. This roadway meets District policy and is approved with this application. 30. Construct the proposed spine road with connections at Overland Road and Eagle Road, as proposed. This roadway shall be constructed as a 46 -foot street section with curbs, gutters and sidewalks within 70 -feet of right-of-way, as proposed. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 31. Construct the proposed roadway on Eagle Road located approximately 1,700 -feet south of Overland Road to align with the roadway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46 -foot street section with curbs, gutters and sidewalks within 70 -feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 32. Construct the proposed roadway on Eagle Road located approximately 700 -feet south of Overland Road is proposed to offset a driveway that was approved with the Silverstone FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 26 Corporate Center. This roadway shall be constructed as a 46 - foot street section with curbs, gutters and sidewalks within 70 - feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 33. Construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for all of the full access driveways. 34. Construct a left turn bay at the main entrance on Eagle Road. 35. Enter into a three way written agreement with the District for the cost and specific location of the traffic signal on Eagle Road. 36. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 37. Construct a stub street to the west property line. The applicant has proposed that the stub street be located approximately 450 feet north of the south property line. Staff is supportive of this location or any location that is located south of the proposed Lot 11. The applicant shall construct the stub street and provide a paved temporary turnaround at the west end of the stub street with a temporary easement provided to the District. The applicant shall be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround (if necessary) with District staff. 38. The turnarounds shall be constructed to provide a minimum turning radius of 55 -feet. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 27 39. Any existing irrigation facilities shall be relocated outside of the right-of-way. 40. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 41. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 42. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Overland Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Meridian Fire Department Recommendations as follows: 43. A fire -flow consistent with Appendix III -A of the Uniform Fire Code shall be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 44. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 45. Acceptance of water supply for fire protection is contingent upon acceptance -of the water system by the City of Meridian. 46. Final approval for fire hydrant location shall be by the Meridian Fire Department. 47. All turning radii shall be a minimum of 28' inside and 48' outside. 48. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 49. The roadways shall be built to Ada County Highway standards. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 28 50. Provide an approved turnaround on the West end of Goldstone Way or provide a connection to the adjacent project. Adopt the Recommendation of the Nampa & Meridian Irrigation District as follows: 51. Applicant shall apply for a land use change/site application, and all laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code §31-3805. Adopt the Recommendation of the Meridian Parks and Recreation as follows: 52. The pathway construction shall include a stop sign at Eagle Road, non -motorized vehicle signs, and vehicle restriction bollards at both ends of the path shall be required also. Any other access points that the vehicles could enter, 33 -gallon garbage receptacles should be installed on small concrete slabs every 300 to 400 feet. Adopt the Recommendations of the Central District Health Department as follows: 53. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Divi8ion of Environmental Quality. 54. Run-off is not to create a mosquito breeding problem. 55. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 56. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 29 system that prevents groundwater and surface water degradation. 57. Applicant shall submit plans for review for any and all food establishments, swimming pools or spas, beverage establishments. Adopt the Recommendations of Sanitary Services as follows: 58. The complex will generate approximately 3.5 cubic yards per day. Applicant shall allow a minimum of 12' inside gate post clearance and a clear obstruction free drive on capability for an 8 cubic yard container. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Cleric and then a copy served by the Cleric upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 30 or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of )2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE Mc CANDLESS VOTED COUNCILMAN WILLIAM L.M. NARY VOTED MAYOR ROBERT D. CORRIE (TIE BREAI(ER) VOTED DATED:_ Z'D 7i- MOTION: APPROVED DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Department and the City Attorney. By. �Dated:_ ity Clerk Z:\Work\Ivt\Meridian\Meridian 15360M\El Dorado Bus Campus AZO 1-018 PPO 1-020 FINDINGS OF FACT AND CONCLUSIONS OF LAW -D2- Works W.Vlr1 s st�af� u .>AQ; CUP01-037\FfClsCUP0��t-0 tr ?! •ii' AND DECISION ORDER GRANTING CONDITIONAL USE PERMIT - 31 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR EL DORADO BUSINESS CAMPUS IN A C -C AND C -G ZONES, LOCATED AT THE SOUTHWEST CORNER OF E. OVERLAND ROAD AND S. EAGLE ROAD, MERIDIAN, IDAHO W.H. MOORE COMPANY, APPLICANT C/C 03/19/02 Revised 04/02/02 Case No. CUP -01-037 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the March 19, 2002, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a planned development for a mix of uses such as office, retail, ORDER CONDITIONAL USE PERMIT - 1 (CUP -01-037) restaurants, and hotels/motels in a C -C and GG zones located at the southwest corner of E. Overland Road and S. Eagle Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. A multi use pathway shall be constructed along the Ridenbaugh Canal. The Applicant shall work with the Parks Department to determine the location, dedication, maintenance, surfacing, landscaping, and other improvements associated with a Multi- use pathway. Ten copies of a revised site plan indicating the location, width, landscaping and associated improvements of the pathway(s) shall be submitted. The following standards shall apply to the multi use path: 1. A minimum 10 -foot wide hard surface pathway shall be constructed by the Applicant; 2. The pathway shall be constructed either within a permanent pedestrian easement in favor of the City of Meridian or within a separate common lot that is deeded to the City of Meridian; 3. Said pedestrian easement or common lot shall connect to the public sidewalk adjacent to Eagle Road in the general area of the southeast corner of Lot 1, Block 1 and meander due west and terminate at the west subdivision boundary. The easement or common lot shall be at least 20 feet wide at its narrowest point and be 30 feet wide where building locations and topography will allow, and may, to the extent permitted by NMID, encroach upon that part of the Ridenbaugh Canal 100 feet right-of-way lying north of the canal maintenance road; 4. A minimum 5 -foot wide strip of landscaping or natural vegetation that creates a durable groundcover shall be ORDER CONDITIONAL USE PERMIT -2 (CUP -01-037) provided between the fence and the south edge of pathway. Said vegetation may be provided either within the pedestrian easement or within NMID's easement; 5. No solid fencing will be permitted on the north side of the pathway, between the buildings and the pathway, except as otherwise agreed upon in writing by the City; 6. An open -vision fence shall be constructed on the south side of the pathway and north of the irrigation maintenance road, as close to the top of bank as will be permitted by the Nampa Meridian Irrigation District; 7. The pathway and associated landscaping shall be improved prior to the first Certificate of Occupancy being issued south of Copper Point Drive or by the opening of the future city park west of El Dorado Business Campus Subdivision, whichever comes first. 2. Buildings located on the properties adjacent to the Thousand Springs Subdivision (south property line) shall be restricted to a maximum of 35' feet to the top of the roof in height (as opposed to 40'). One building is permitted north of the stub road, along the west edge, prior to approved final plat. 3. Bicycle racks shall be installed at all buildings used .for office and retail use within the El -Dorado Subdivision. 4. 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 VIA.Trans staff and submit a letter to the P&Z Department prior to final approval of the perimeter landscaping plan. 5. The proposed internal jogging path crosses through several parking lots within the subdivision. The pathway has been designed to cross though the parking lots by placing the pathway within the parking medians. The applicant shall ORDER CONDITIONAL USE PERMIT -3 (CUP -01-037) provide a conceptual drawing of the pathways that are to be located within the medians. The design shall incorporate the required landscaping, the jogging path and other buffers, as needed, to eliminate vehicle overhang from interfering with the pathway. The drawing shall be submitted. 6. The project provides for two open spaces, jogging path and pedestrian pathway. 7. The applicant comply with the demand of Nampa &_ Meridian Irrigation District that all laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa Sz Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31-3805. It is recommended that irrigation water be made available to all developments within the Nampa &. Meridian Irrigation District. S. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 9. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 10. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 11. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development ORDER CONDITIONAL USE PERMIT -4 (CUP -01-037) Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&Rs of the subdivision. 13. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 14. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Adopt the Recommendations of ACRD as follows: Special Recommendation to City of Meridian: 15. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. 16. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. 17. The Overland/Eagle Road and Meridian/Overland Road intersections operate at a Level of Service F (LOS F), and are listed as one of the 100 most critical intersections in Ada ORDER CONDITIONAL USE PERMIT -5 (CUP -01-037) County. Access control within the operating area of the intersection is vital to the safe operations of the intersection. The subject site's additional traffic will exacerbate the traffic problems at these intersections. 18. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service without modifications to Eagle Road and Overland Road, and the intersection. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACRD approval of the final plat: Site Specific Requirements: 19. Dedicate 54 to 48 -feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 20. 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. 21. Construct a 5 -foot wide detached concrete sidewalk on Eagle Road located 2 -feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 22. Construct a 5 -foot wide detached concrete sidewalk on Overland Road located 2 -feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with ORDER CONDITIONAL USE PERMIT -6 (CUP -01-03 7) District staff. If the sidewalk meanders outside of the right-of- way, provide an easement for the sidewalk. 23. Construct the proposed driveway on Overland Road approximately 240 -feet west of Eagle Road. This driveway meets District policy as a right-in/right-out driveway only and is approved with this application. The applicant shall coordinate with the Districts Traffic Services Division to determine a mean to restrict this driveway to a right-in/right- out driveway only (i.e. raised median, internal island, etc.). 24. 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. 25. Construct the proposed public roadway access point located on Overland Road approximately 950 -feet west of Eagle Road is a collector roadway. This location is granted a modification of policy and is approved with this application. 26. 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. 27. Construct theproposed driveway on Eagle Road located approximately 1,150 -feet south of Overland Road. This driveway was granted as a modification of policy by the District's Commission on January 16, 2002. 28. Construct the proposed public roadway on Eagle Road approximately 1,700 -feet south of Overland Road. This roadway meets District policy and is approved with this application. 29. Construct the proposed public roadway on Eagle Road approximately 2,400 -feet south of Overland Road as a full ORDER CONDITIONAL USE PERMIT -7 (CUP -01-03 7 ) access roadway. This roadway meets District policy and is approved with this application. 30. Construct the proposed spine road with connections at Overland Road and Eagle Road, as proposed. This roadway shall be constructed as a 46 -foot street section with curbs, gutters and sidewalks within 70 -feet of right-of-way, as proposed. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 31. Constrict the proposed roadway on Eagle Road located approtiimately 1,700 -feet south of Overland Road to align with the roadway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46 -foot street section with curbs, gutters and sidewalks within 70 -feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 32. Construct the proposed roadway on Eagle Road located appro,dmately 700 -feet south of Overland Road is proposed to offset a driveway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46 - foot street section with curbs, gutters and sidewalks within 70 - feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 33. Construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for all of the full access driveways. 34. Construct a left turn bay at the main entrance on Eagle Road. 35. Enter into a three way written agreement with the District for the cost and specific location of the traffic signal on Eagle Road. ORDER CONDITIONAL USE PERMIT - 8 (CUP -01-03 7) 36. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 37. Construct a stub street to the west property line. The applicant has proposed that the stub street be located approximately 450 feet north of the south property line. Staff is supportive of this location or any location that is located south of the proposed Lot 11. The applicant shall construct the stub street and provide a paved temporary turnaround at the west end of the stub street with a temporary easement provided to the District. The applicant shall be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround (if necessary) with District staff. 38. The turnarounds shall be constructed to provide a minimum turning radius of 55 -feet. 39. Any existing irrigation facilities shall be relocated outside of the right-of-way. 40. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 41. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 42. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Overland Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Meridian Fire Department Recommendations as follows: ORDER CONDITIONAL USE PERMIT -9 (CUP -01-037) 43. A fire -flow consistent with Appendix III -A of the Uniform Fire Code shall be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 44. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 45. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 46. Final approval for fire hydrant location shall be by the Meridian Fire Department. 47. All turning radii shall be a minimum of 28' inside and 48' outside. 48. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 49. The roadways shall be built to Ada County Highway standards. 50. Provide an approved turnaround on the West end of Goldstone Way or provide a connection to the adjacent project. Adopt the Recommendation of the Nampa &_ Meridian Irrigation District as follows: 51. Applicant shall' apply for a land use change/site application, and all laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code §31-3805. Adopt the Recommendation of the Meridian Parks and Recreation as follows: 52. The pathway construction shall include a stop sign at Eagle Road, non -motorized vehicle signs, and vehicle restriction bollards at both ends of the path shall be required also. Any ORDER CONDITIONAL USE PERMIT -10 (CUP -01-037) other access points that the vehicles could enter, 33 -gallon garbage receptacles should be installed on small concrete slabs every 300 to 400 feet. Adopt the Recommendations of the Central District Health Department as follows: 53. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health &. Welfare, Division of Environmental Quality. 54. Run-off is not to create a mosquito breeding problem. 55. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 56. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 57. Applicant shall submit plans for review for any and all food establishments, swimming pools or spas, beverage establishments. Adopt the Recommendations of Sanitary Services as follows: 5 8. The complex will generate approximately 3.5 cubic yards per day. Applicant shall allow a minimum of 12' inside gate post clearance and a clear obstruction free drive on capability for an 8 cubic yard container. 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. ORDER CONDITIONAL USE PERMIT - 11 (CUP -01-037) 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. By action of the City Council at its regular meeting held on the day of �� , 2002. .n Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. OFfi k u B Dated: City Cleric N 4, Z:\WOdc\M\Meridian\Meridian 15360N1\El Dorado Bus Campus AZO 1-018 PPO 1.020 CUPO1-037\OrderCUP.do� ORDER CONDITIONAL USE PERMIT -12 (CUP -01-037) and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to -wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 19, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one 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 March 19, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction .'of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17- 5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 of Posting filed with the staff report. 3. This proposed development request is in an RUT zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at the southwest corner of E. Overland Road and S. Eagle Road, Meridian, Idaho. 5. The owner of record of the subject property is Kimball Properties Limited Partnership, Managing Partner: Winston H. Moore of Boise, Idaho. 6. Applicant is W. H. Moore Company of Boise, Idaho. 7. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to C -C and C -G before the City Council. The zoning districts of C -C and C -G are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a planned development for a mix of uses such as office, retail, restaurants, and hotels/motels. The C -C and C -G zoning designations within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 1. A multi use pathway shall be constructed along the Ridenbaugh Canal. The Applicant shall work with the Parks Department to determine the location, dedication, maintenance, surfacing, landscaping, and other improvements associated with a Multi- use pathway. Ten copies of a revised site plan indicating the location, width, landscaping and associated improvements of the pathway(s) shall be submitted. The following standards shall apply to the multi use path: 1. A minimum 10 -foot wide hard surface pathway shall be constructed by the Applicant; 2. The pathway shall be constructed either within a permanent pedestrian easement in favor of the City of Meridian or within a separate common lot that is deeded to the City of Meridian; 3. Said pedestrian easement or common lot shall connect to the public sidewalk adjacent to Eagle Road in the general area of the southeast corner of Lot 1, Block 1 and meander due west and terminate at the west subdivision boundary. The easement or common lot shall be at least 20 feet wide at its narrowest point and be 30 feet wide where building locations and topography will allow, and may, to the extent permitted by NMID, encroach upon that part of the Ridenbaugh Canal 100 feet right-of-way lying north of the canal maintenance road; 4. A minimum 5 -foot wide strip of landscaping or natural vegetation that creates a durable groundcover shall be provided between the fence and the south edge of pathway. Said vegetation may be provided either within the pedestrian easement or within NMID's easement; 5. No solid fencing will be permitted on the north side of the pathway, between the buildings and the pathway, except as otherwise agreed upon in writing by the City; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 6. An open -vision fence shall be constructed on the south side of the pathway and north of the irrigation maintenance road, as close to the top of bank as will be permitted by the Nampa Meridian Irrigation District; 7. The pathway and associated landscaping shall be improved prior to the first Certificate of Occupancy being issued south of Copper Point Drive or by the opening of the future city park west of El Dorado Business Campus Subdivision, whichever comes first. 2. Buildings located on the properties adjacent to the Thousand Springs Subdivision (south property line) shall be restricted to a maximum of 35' feet to the top of the roof in height (as opposed to 40'). One building is permitted north of the stub road, along the west edge, prior to approved final plat. 3. Bicycle racks shall be installed at all buildings used for office and retail use within the El -Dorado Subdivision. 4. The applicant shall be responsible for reserving or dedicating an area within the development to be used for a future bus stop. Applicant shall coordinate the timing, size and location of the bus stop with the VIATrans staff and submit a letter to the P&Z Department prior to final approval of the perimeter landscaping plan. 5. The proposed - internal jogging path crosses through several parking lots within the subdivision. The pathway has been designed to cross though the parking lots by placing the pathway within the parking medians. The applicant shall provide a conceptual drawing of the pathways that are to be located within the medians. The design shall incorporate the required landscaping, the jogging path and other buffers, as needed, to eliminate vehicle overhang from interfering with the pathway. The drawing shall be submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 6. The project provides for two open spaces, jogging path and pedestrian pathway. 7. The applicant comply with the demand of Nampa & Meridian Irrigation District that all laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 8. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 9. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 10. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 11. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 13. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 14. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Adopt the Recommendations of ACHD as follows: Special Recommendation to City of Meridian: 15. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACRD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. 16. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. 17. The Overland/Eagle Road and Meridian/Overland Road intersections operate at a Level of Service F (LOS F), and are listed as one of the 100 most critical intersections in Ada County. Access control within the operating area of the intersection is vital to the safe operations of the intersection. The subject site's additional traffic will exacerbate the traffic problems at these intersections. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 18. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service without modifications to Eagle Road and Overland Road, and the intersection. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 19. Dedicate 54 to 48 -feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 20. 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. 21. Construct a 5 -foot wide detached concrete sidewalk on Eagle Road located 2 -feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 22. Construct a 5 -foot wide detached concrete sidewalk on Overland Road located 2 -feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of- way, provide an easement for the sidewalk. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 interoffice MEMORANDUM To: William G. Berg, Jr. 1?,ECEIVb APR I I Zoo From: William F. Nichol C11"Y OF MERIMAN 11 L, I - OKE-F"M Subject: BY: W.H. MOO FOR COND , IT FOR A PLANNED DEVELOPMENT FOR EL DORADO BUSINESS CAMPUS IN A C -C AND C -G ZONE REVISED FINDINGS AND ORDER File No.: CUP -01-03 7 Date: April 9, 2002 Will: Please find attached the revised original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and ORDER. These documents were approved at the Council's April 2, 2002 meeting, with said revisions. If you should have any questions please give me a call. ZAWor1-VV1\N1eridian\Meridian 15360M\El Dorado Bus Campus AZOI-018 PPOI-020 CUP01- 037\CllrLtrCUPffcls&-OrdeO4O9O2Re-,,ised. doc March 28, 2002 CUP 01-037 MERIDIAN CITY COUNCIL MEETING April 2, 2002 APPLICANT W.H. Moore Company ITEM NO. REQUEST Findings -- Request for a Conditional Use Permit for mixed use with office, retail, restaurant and hotel/motel for proposed EI Dorado Business Campus -- southwest corner of East Overland Road and South Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS 061 OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM To: William G. Berg, Jr. CITY OF i'WERIDIAN "I ERK OFFICE CITY.0 From: William F. Nichols Subject: BY: W.H. MOORE COMPANY FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR EL DORADO BUSINESS CAMPUS IN A C -C AND C -G ZONE File No.: CUP -01-037 Date: March 28, 2002 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS. Please place this matter -upon the Consent Agenda for Council discussion and decision. If you should have any questions please give me a call. Z:\Wor1-\M\Meridian\N4eridian 15360KE1 Dorado Bus Campus AZOI-018 PPOI-020 CUPOI-037\C11cLtrCUPffcls&Order.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR EL DORADO BUSINESS CAMPUS IN A C -C AND C -G ZONE, LOCATED AT THE SOUTHWEST CORNER OF E. OVERLAND RAOD AND S. EAGLE ROAD, MERIDIAN, IDAHO W.H. MOORE COMPANY, APPLICANT C/C 03/19/02 Case No. CUP -01-037 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on March 19, 2002 at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, Jonathan Seal, Joseph Waters, Frank Harron, Chris McMasters, and Cornell Larsen, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - I and having duly considered the platter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to -wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 19, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one 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 March 19, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17- 5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 of Posting filed with the staff report. 3. This proposed development request is in an RUT zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at the southwest corner of E. Overland Road and S. Eagle Road, Meridian, Idaho. 5. The owner of record of the subject property is Kimball Properties Limited Partnership, Managing Partner: Winston H. Moore of Boise, Idaho. 6. Applicant is W. H. Moore Company of Boise, Idaho. 7. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to C -C and C -G before the City Council. The zoning districts of C -C and C -G are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a planned development for a mix of uses such as office, retail, restaurants, and hotels/motels. The C -C and C -G zoning designations within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1) . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 1. A multi use pathway shall be constructed along the Ridenbaugh Canal. The Applicant shall work with the Parks Department to determine the location, dedication, maintenance, surfacing, landscaping, and other improvements associated with a Multi- use pathway. Ten copies of a revised site plan indicating the location, width, landscaping and associated improvements of the pathway(s) shall be submitted. The following standards shall apply to the multi use path: 1. A minimum 10 -foot wide hard surface pathway shall be constructed by the Applicant; 2. The pathway shall be constructed either within a permanent pedestrian easement in favor of the City of Meridian or within a separate common lot that is deeded to the City of Meridian; 3. Said pedestrian easement or common lot shall connect to the public sidewa& adjacent to Eagle Road in the general area of the southeast corner of Lot 1, Block 1 and meander due west and terminate at the west subdivision boundary. The easement or common lot shall be at least 20 feet wide at its narrowest point and be 30 feet wide where building locations and topography will allow, and may, to the extent pennitted by NMID, encroach upon that part of the Ridenbaugh Canal 100 feet right-of-way lying north of the canal maintenance road; 4. A minimum 5 -foot wide strip of landscaping or natural vegetation that creates a durable groundcover shall be provided between the fence and the south edge of pathway. Said vegetation may be provided either within the pedestrian easement or within NMID's easement; 5. No solid fencing will be permitted on the north side of the pathway, between the buildings and the pathway, except as otherwise agreed upon in writing by the City; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 6. An open -vision fence shall be constructed on the south side of the pathway and north of the irrigation maintenance road, as close to the top of bank as will be permitted by the Nampa Meridian Irrigation District; 7. The pathway and associated landscaping shall be improved prior to the first Certificate of Occupancy being issued south of Copper Point Way or by the opening of the future city park west of El Dorado Business Campus Subdivision, whichever comes first. 2. Buildings located on the properties adjacent to the Thousand Springs Subdivision (south property line) shall be restricted to a maximum of 35' feet to the top of the roof in height (as opposed to 40'). One building is permitted north of the stub road, along the west edge, prior to approved final plat. 3. Bicycle racks shall be installed at all buildings used for office and retail use within the El -Dorado Subdivision. 4. The applicant shall be responsible for reserving or dedicating an area within the development to be used for a future bus stop. Applicant shall coordinate the timing, size and location of the bus stop with the VIATrans staff and submit a letter to the P&Z Department prior to final approval of the perimeter landscaping plan. 5. The proposed internal jogging path crosses through several parking lots within the subdivision. The pathway has been designed to cross though the parking lots by placing the pathway within the parking medians. The applicant shall provide a conceptual drawing of the pathways that are to be located within the medians. The design shall incorporate the required landscaping, the jogging path and other buffers, as needed, to eliminate vehicle overhang from interfering with the pathway. The drawing shall be submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 6. The project provides for two open spaces, jogging path and pedestrian pathway. 7. The applicant comply with the demand of Nampa & Meridian Irrigation District that all laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa &. Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31-3805. It is recommended that irrigation water be made available to all developments within the Nampa &. Meridian Irrigation District. 8. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 9. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 10. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 11. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parldng areas. All site drainage shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 13. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 14. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Adopt the Recommendations of ACRD as follows: Special Recommendation to City of Meridian: 15. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative -Transportation Program for employees and provide an annual report to ACRD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. 16. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. 17. The Overland/Eagle Road and Meridian/Overland Road intersections operate at a Level of Service F (LOS F), and are listed as one of the 100 most critical intersections in Ada County. Access control within the operating area of the intersection is vital to the safe operations of the intersection. The subject site's additional traffic will exacerbate the traffic problems at these intersections. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 18. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service without modifications to Eagle Road and Overland Road, and the intersection. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 19. Dedicate 54 to 48 -feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 20. 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. 21. Construct a 5 -foot wide detached concrete sidewalk on Eagle Road located 2 -feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 22. Construct a 5 -foot wide detached concrete sidewalk on Overland Road located 2 -feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of- way, provide an easement for the sidewalk. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 23. Construct the proposed driveway on Overland Road approximately 240 -feet west of Eagle Road. This driveway meets District policy as a right-in/right-out driveway only and is approved with this application. The applicant shall coordinate with the Districts Traffic Services Division to determine a mean to restrict this driveway to a right-in/right- out driveway only (i.e. raised median, internal island, etc.). 24. 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. 25. Construct the proposed public roadway access point located on Overland Road approximately 950 -feet west of Eagle Road is a collector roadway. This location is granted a modification of policy and is approved with this application. 26. 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. 27. Construct the proposed driveway on Eagle Road located approximately 1,150 -feet south of Overland Road. This driveway was granted as a modification of policy by the District's Commission on January 16, 2002. 28. Construct the proposed public roadway on Eagle Road approximately 1,700 -feet south of Overland Road. This roadway meets District policy and is approved with this application. 29. Construct the proposed public roadway on Eagle Road approximately 2,400 -feet south of Overland Road as a full access roadway. This roadway meets District policy and is approved with this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 30. Construct the proposed spine road with connections at Overland Road and Eagle Road, as proposed. This roadway shall be constructed as a 46 -foot street section with curbs, gutters and sidewalks within 70 -feet of right-of-way, as proposed. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 31. Construct the proposed roadway on Eagle Road located approximately 1,700 -feet south of Overland Road to align with the roadway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46 -foot street section with curbs, gutters and sidewalks within 70 -feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 32. Construct the proposed roadway on Eagle Road located approximately 700 -feet south of Overland Road is proposed to offset a driveway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46 - foot street section with curbs, gutters and sidewalks within 70 - feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 33. Construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for all of the full access driveways. 34. Construct a left turn bay at the main entrance on Eagle Road. 35. Enter into a three way written agreement with the District for the cost and specific location of the traffic signal on Eagle Road. 36. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 maintained by a homeowners association. Notes of this shall be required on the final plat. 37. Construct a stub street to the west property line. The applicant has proposed that the stub street be located approximately 450 feet north of the south property line. Staff is supportive of this location or any location that is located south of the proposed Lot 11. The applicant shall construct the stub street and provide a paved temporary turnaround at the west end of the stub street with a temporary easement provided to the District. The applicant shall be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround (if necessary) with District staff. 38. The turnarounds shall be constructed to provide a minimum turning radius of 55 -feet. 39. Any existing irrigation facilities shall be relocated outside of the right-of-way. 40. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 41. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 42. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Overland Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Meridian Fire Department Recommendations as follows: 43. A fire -flow consistent with Appendix III -A of the Uniform Fire Code shall be provided to service the entire project. Fire FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 hydrants shall be placed an average of 400' apart at approved locations. 44. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 45. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 46. Final approval for fire hydrant location shall be by the Meridian Fire Department. 47. All turning radii shall be a minimum of 28' inside and 48' outside. 48. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 49. The roadways shall be built to Ada County Highway standards. 50. Provide an approved turnaround on the West end of Goldstone Way or provide a connection to the adjacent project. Adopt the Recommendation of the Nampa &_ Meridian Irrigation District as follows: 51. Applicant shall apply for a land use change/site application, and all laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code §31-3805. Adopt the Recommendation of the Meridian Parks and Recreation as follows: 52. The pathway construction shall include a stop sign at Eagle Road, non -motorized vehicle signs, and vehicle restriction bollards at both ends of the path shall be required also. Any other access points that the vehicles could enter, 33 -gallon FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 garbage receptacles should be installed on small concrete slabs every 300 to 400 feet. Adopt the Recommendations of the Central District Health Department as follows: 53. The Applicant's central sewage and central water plans inust be submitted to and approved by the Idaho Department of Health &. Welfare, Division of Environmental Quality. 54. Run-off is not to create a mosquito breeding problem. 55. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 56. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 57. Applicant shall submit plans for review for any and all food establishments, swimming pools or spas, beverage establishments. Adopt the Recommendations of Sanitary Services as follows: 5 8. The complex will generate approximately 3.5 cubic yards per day. Applicant shall allow a minimum of 12' inside gate post clearance and a clear obstruction free drive on capability for an 8 cubic yard container. 13. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping, and other features as may be required by this ordinance; it is found that the subject property is large enough to accommodate FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 the requested use and all other required features 14, That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; it is found that the current Comprehensive Plan Land Use Map designates the property as "Mixed Planned Development". The proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. 15. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character o the same area. 16. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; it is found that the proposed use would not adversely affect other properties in the general vicinity. 17. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services. 18. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 economic welfare of the community. 19. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, Runes, glare or odors. 20. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets. 21. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17- 3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the salve area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Community Business District (C -C) and General Retail and Service Commercial District (C -G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this 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 be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a planned development for a mix of uses such as office, retail, restaturants, and hotels/motels in C -C and C -G zones located at the southwest corner of E. Overland Road and S. Eagle Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. A multi use pathway shall be constructed along the Ridenbaugh Canal. The Applicant shall work with the Parks Department to determine the location, dedication, maintenance, surfacing, landscaping, and other improvements associated with a Multi -use pathway. Ten copies of a revised site plan indicating the location, width, landscaping and associated improvements of the pathway(s) shall be submitted. The following standards shall apply to the multi use path: 1. A minimum 10 -foot wide hard surface pathway shall be constructed by the Applicant; 2. The pathway shall be constructed either within a pennanent pedestrian easement in favor of the City of Meridian or within a separate common lot that is deeded to the City of Meridian; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 3. Said pedestrian easement or common lot shall connect to the public sidewalk adjacent to Eagle Road in the general area of the southeast corner of Lot 1, Block 1 and meander due west and terminate at the west subdivision boundary. The easement or common lot shall be at least 20 feet wide at its narrowest point and be 30 feet wide where building locations and topography will allow, and may, to the extent permitted by NMID, encroach upon that part of the Ridenbaugh Canal 100 feet right-of-way lying north of the canal maintenance road; 4. A minimum 5 -foot wide strip of landscaping or natural vegetation that creates a durable groundcover shall be provided between the fence and the south edge of pathway. Said vegetation may be provided either within the pedestrian easement or within NMID's easement; 5. No solid fencing will be permitted on the north side of the pathway, between the buildings and the pathway, except as otherwise agreed upon in writing by the City; 6. An open -vision fence shall be constructed on the south side of the pathway and north of the irrigation maintenance road, as close to the top of bank as will be permitted by the Nampa Meridian Irrigation District; 7. The pathway and associated landscaping shall be improved prior to the first Certificate of Occupancy being issued south of Copper Point Way or by the opening of the future city park west of El Dorado Business Campus Subdivision, whichever comes first. 2. Buildings located on the properties adjacent to the Thousand Springs Subdivision (south property line) shall be restricted to a maximum of 35' feet to the top of the roof in height (as opposed to 40'). One building is permitted north of the stub road, along the west edge, prior to approved final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 3. Bicycle racks shall be installed at all buildings used for office and retail use within the El -Dorado Subdivision. 4. The applicant shall be responsible for reserving or dedicating an area within the development to be used for a future bus stop. Applicant shall coordinate the timing, size and location of the bus stop with the VIATrans staff and submit a letter to the P&Z Department prior to final approval of the perimeter landscaping plan. 5. The proposed internal jogging path crosses through several parking lots within the subdivision. The pathway has been designed to cross though the parking lots by placing the pathway within the parking medians. The applicant shall provide a conceptual drawing of the pathways that are to be located within the medians. The design shall incorporate the required landscaping, the jogging path and other buffers, as needed, to eliminate vehicle overhang from interfering with the pathway. The drawing shall be submitted. 6. The project provides for two open spaces, jogging path and pedestrian pathway. 7. The applicant comply with the demand of Nampa &. Meridian Irrigation District that all laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31-3805. It is recommended that irrigation water be made available to all developments within the Nampa &. Meridian Irrigation District. 8. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 9. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 10.Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. I I.Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12.A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 13.Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 14.All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Adopt the Recommendations of ACHD as follows: Special Recommendation to City of Meridian: 15. In order to reduce trips to and from this development it is reconunended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACRD on FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 23 employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. 16. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA.) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. 17. The Overland/Eagle Road and Meridian/Overland Road intersections operate at a Level of Service F (LOS F), and are listed as one of the 100 most critical intersections in Ada County. Access control within the operating area of the intersection is vital to the safe operations of the intersection. The subject site's additional traffic will exacerbate the traffic problems at these intersections. 18. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service without modifications to Eagle Road and Overland Road, and the intersection. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 19. Dedicate 54 to 48 -feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 24 20. 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. 21. Construct a 5 -foot wide detached concrete sidewalk on Eagle Road located 2 -feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 22. Construct a 5 -foot wide detached concrete sidewalk on Overland Road located 2 -feet within the new 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. 23. Construct the proposed driveway on Overland Road approximately 240 -feet west of Eagle Road. This driveway meets District policy as a right-in/right-out driveway only and is approved with this application. The applicant shall coordinate with the Districts Traffic Services Division to determine a mean to restrict this driveway to a right-in/right- out driveway only (i.e. raised median, internal island, etc.). 24. 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. 25. Construct the proposed public roadway access point located on Overland Road approximately 950 -feet west of Eagle Road is a collector roadway. This location is granted a modification of policy and is approved with this application. 26. Construct the proposed public roadway on Eagle Road approximately 700 -feet south of Overland Road as a full -access FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 25 roadway. This roadway meets District policy and is approved with this application. 27. Construct the proposed driveway on Eagle Road located approximately 1,150 -feet south of Overland Road. This driveway was granted as a modification of policy by the District's Commission on January 16, 2002. 28. Construct the proposed public roadway on Eagle Road approximately 1,700 -feet south of Overland Road. This roadway meets District policy and is approved with this application. 29. Construct the proposed public roadway on Eagle Road approximately 2,400 -feet south of Overland Road as a full access roadway. This roadway meets District policy and is approved with this application. 30. Construct the proposed spine road with connections at Overland Road and Eagle Road, as proposed. This roadway shall be constructed as a 46 -foot street section with curbs, gutters and sidewalks within 70 -feet of right-of-way, as proposed. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 31. Construct the proposed roadway on Eagle Road located approximately 1,700 -feet south of Overland Road to align with the roadway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46 -foot street section with curbs, gutters and sidewalks within 70 -feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 32. Construct the proposed roadway on Eagle Road located approximately 700 -feet south of Overland Road is proposed to offset a driveway that was approved with the Silverstone FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 26 Corporate Center. This roadway shall be constructed as a 46 - foot street section with curbs, gutters and sidewalks within 70 - feet of right-of-way. Parldng shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 33. Construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for all of the full access driveways. 34. Construct a left turn bay at the main entrance on Eagle Road. 35. Enter into a three way written agreement with the District for the cost and specific location of the traffic signal on Eagle Road. 36. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 37. Construct a stub street to the west property line. The applicant has proposed that the stub street be located approximately 450 feet north of the south property line. Staff is supportive of this location or any location that is located south of the proposed Lot 11. The applicant shall construct the stub street and provide a paved temporary turnaround at the west end of the stub street with a temporary easement provided to the District. The applicant shall be required to install a sign at the tenninus of the roadway stating that, 'THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround (if necessary) with District staff. 38. The turnarounds shall be constructed to provide a minimum turning radius of 55 -feet. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 27 39. Any existing irrigation facilities shall be relocated outside of the right-of-way. 40. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 41. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 42. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Overland Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Meridian Fire Department Recommendations as follows: 43. A fire -flow consistent with Appendix III -A of the Uniform Fire Code shall be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 44. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 45. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 46. Final approval for fire hydrant location shall be by the Meridian Fire Department. 47. All turning radii shall be a miniirnrm of 28' inside and 48' outside. 48. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 49. The roadways shall be built to Ada County Highway standards. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 28 50. Provide an approved turnaround on the West end of Goldstone Way or provide a connection to the adjacent project. Adopt the Recommendation of the Nampa &. Meridian Irrigation District as follows: 51. Applicant shall apply for a land use change/site application, and all laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code §31-3805. Adopt the Recommendation of the Meridian Parks and Recreation as follows: 52. The pathway construction shall include a stop sign at Eagle Road, non -motorized vehicle signs, and vehicle restriction bollards at both ends of the path shall be required also. Any other access points that the vehicles could enter, 33 -gallon garbage receptacles should be installed on small concrete slabs every 300 to 400 feet. Adopt the Recommendations of the Central District Health Department as follows: 53. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health &. Welfare, Division of Environmental Quality. 54. Run-off is not to create a mosquito breeding problem. 55. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 56. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 29 system that prevents groundwater and surface water degradation. 57. Applicant shall submit plans for review for any and all food establishments, swimming pools or spas, beverage establishments. Adopt the Recommendations of Sanitary Services as follows: 58. The complex will generate approximately 3.5 cubic yards per day. Applicant shall allow a minimum of 12' inside gate post clearance and a clear obstruction free drive on capability for an 8 cubic yard container. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Cleric and then a copy served by the Cleric upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 30 or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of ROLL CALL: , 2002. COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE Mc CANDLESS VOTED COUNCILMAN WILLIAM L.M. NARY VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. IN City Clerk Dated: Z:\Wor1c\M\Meridian\Meridian 15360M\EI Dorado Bus Campus AZOI-018 PPO1-020 CUP01-037\FfC1sCUP01-037.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 31 2002 BEFORE THE CITY COUNCIL OF THE CITY OF MEI CITY OF MERIDIAN CLERK OFFICF IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR EL DORADO BUSINESS CAMPUS IN A C -C AND C -G ZONES, LOCATED AT THE SOUTHWEST CORNER OF E. OVERLAND ROAD AND S. EAGLE ROAD, MERIDIAN, IDAHO W.H. MOORE COMPANY, APPLICANT C/C 03/19/02 Case No. CUP -01-037 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coaling before the City Council on the March 19, 2002, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above nailed applicant is granted a conditional use permit for a planned development for a mix of uses such as office, retail, ORDER CONDITIONAL USE PERMIT - 1 (CUP -01-037) restaurants, and hotels/motels in a C -C and C -G zones located at the southwest corner of E. Overland Road and S. Eagle Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. A multi use pathway shall be constructed along the Ridenbaugh Canal. The Applicant shall work with the Parks Department to determine the location, dedication, maintenance, surfacing, landscaping, and other improvements associated with a Multi- use pathway. Ten copies of a revised site plan indicating the location, width, landscaping and associated improvements of the pathway(s) shall be submitted. The following standards shall apply to the multi use path: 1. A minimum 10 -foot wide hard surface pathway shall be constructed by the Applicant; 2. The pathway shall be constructed either within a permanent pedestrian easement in favor of the City of Meridian or within a separate common lot that is deeded to the City of Meridian; 3. Said pedestrian easement or common lot shall connect to the public sidewalk adjacent to Eagle Road in the general area of the southeast corner of Lot 1, Block 1 and meander due west and tenninate at the west subdivision boundary. The easement or common lot shall be at least 20 feet wide at its narrowest point and be 30 feet wide where building locations and topography will allow, and may, to the extent pennitted by NMID, encroach upon that part of the Ridenbaugh Canal 100 feet right-of-way lying north of the canal maintenance road; 4. A minimum 5 -foot wide strip of landscaping or natural vegetation that creates a durable groundcover shall be ORDER CONDITIONAL USE PERMIT -2 (CUP -01-037) provided between the fence and the south edge of pathway. Said vegetation may be provided either within the pedestrian easement or within NMID's easement; 5. No solid fencing will be permitted on the north side of the pathway, between the buildings and the pathway, except as otherwise agreed upon in writing by the City; 6. An open -vision fence shall be constructed on the south side of the pathway and north of the irrigation maintenance road, as close to the top of bank as will be permitted by the Nampa Meridian Irrigation District; 7. The pathway and associated landscaping shall be improved prior to the first Certificate of Occupancy being issued south of Copper Point Way or by the opening of the future city park west of El Dorado Business Campus Subdivision, whichever comes first. 2. Buildings located on the properties adjacent to the Thousand Springs Subdivision (south property line) shall be restricted to a maximum of 35' feet to the top of the roof in height (as opposed to 40'). One building is permitted north of the stub road, along the west edge, prior to approved final plat. 3. Bicycle racks shall be installed at all buildings used for office and retail use within the El -Dorado Subdivision. 4. The applicant shall be responsible for reserving or dedicating an area within the development to be used for a future bus stop. Applicant shall coordinate the timing, size and location of the bus stop with the VIATrans staff and submit a letter to the P&Z Department prior to final approval of the perimeter landscaping plan. 5. The proposed internal jogging path crosses through several parking lots within the subdivision. The pathway has been designed to cross though the parking lots by placing the pathway within the parking medians. The applicant shall ORDER CONDITIONAL USE PERMIT -3 (CUP -01-037) provide a conceptual drawing of the pathways that are to be located within the medians. The design shall incorporate the required landscaping, the jogging path and other buffers, as needed, to eliminate vehicle overhang from interfering with the pathway. The drawing shall be submitted. 6. The project provides for two open spaces, jogging path and pedestrian pathway. 7. The applicant comply with the demand of Nampa & Meridian Irrigation District that all laterals and waste ways must be protected and all municipal surface drainage inust be retained on site. If any surface drainage leaves the site, the Nampa &_ Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31-3805. It is recommended that irrigation water be made available to all developments within the Nampa &. Meridian Irrigation District. 8. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 9. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 10. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 11. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development ORDER CONDITIONAL USE PERMIT - 4 (CUP -01-037) Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 13. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 14. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Adopt the Recommendations of ACRD as follows: Special Recommendation to City of Meridian: 15. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACRD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. 16. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. 17. The Overland/Eagle Road and Meridian/Overland Road intersections operate at a Level of Service F (LOS F), and are listed as one of the 100 most critical intersections in Ada ORDER CONDITIONAL USE PERMIT -5 (CUP -01-037) County. Access control within the operating area of the intersection is vital to the safe operations of the intersection. The subject site's additional traffic will exacerbate the traffic problems at these intersections. 18. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service without modifications to Eagle Road and Overland Road, and the intersection. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 19. Dedicate 54 to 48 -feet of 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. 20. 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. 21. Construct a 5 -foot wide detached concrete sidewalk on Eagle Road located 2 -feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 22. Construct a 5 -foot wide detached concrete sidewalk on Overland Road located 2 -feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with ORDER CONDITIONAL USE PERMIT -6 (CUP -01-037) District staff. If the sidewalk meanders outside of the right-of- way, provide an easement for the sidewalk. 23. Construct the proposed driveway on Overland Road approximately 240 -feet west of Eagle Road. This driveway meets District policy as a right-in/right-out driveway only and is approved with this application. The applicant shall coordinate with the Districts Traffic Services Division to determine a mean to restrict this driveway to a right-in/right- out driveway only (i.e. raised median, internal island, etc.). 24. 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. 25. Construct the proposed public roadway access point located on Overland Road approximately 950 -feet west of Eagle Road is a collector roadway. This location is granted a modification of policy and is approved with this application. 26. 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. 27. Construct the proposed driveway on Eagle Road located approximately 1,150 -feet south of Overland Road. This driveway was granted as a modification of policy by the District's Commission on January 16, 2002. 28. Construct the proposed public roadway on Eagle Road approximately 1,700 -feet south of Overland Road. This roadway meets District policy and is approved with this application. 29. Construct the proposed public roadway on Eagle Road approximately 2,400 -feet south of Overland Road as a full ORDER CONDITIONAL USE PERMIT -7 (CUP -01-037) access roadway. This roadway meets District policy and is approved with this application. 30. Construct the proposed spine road with connections at Overland Road and Eagle Road, as proposed. This roadway shall be constructed as a 46 -foot street section with curbs, gutters and sidewalks within 70 -feet of right-of-way, as proposed. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 31. Construct the proposed roadway on Eagle Road located approximately 1,700 -feet south of Overland Road to align with the roadway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46 -foot street section with curbs, gutters and sidewalks within 70 -feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 32. Construct the proposed roadway on Eagle Road located approximately 700 -feet south of Overland Road is proposed to offset a driveway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46 - foot street section with curbs, gutters and sidewalks within 70 - feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 33. Construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for all of the full access driveways. 34. Construct a left turn bay at the main entrance on Eagle Road. 35. Enter into a three way written agreement with the District for the cost and specific location of the traffic signal on Eagle Road. ORDER CONDITIONAL USE PERMIT -8 (CUP -01-037) 36. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 37. Construct a stub street to the west property line. The applicant has proposed that the stub street be located approximately 450 feet north of the south property line. Staff is supportive of this location or any location that is located south of the proposed Lot 11. The applicant shall construct the stub street and provide a paved temporary turnaround at the west end of the stub street with a temporary easement provided to the District. The applicant shall be required to install a sign at the tenninus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround (if necessary) with District staff. 38. The turnarounds shall be constructed to provide a minimum turning radius of 55 -feet. 39. Any existing irrigation facilities shall be relocated outside of the right-of-way. 40. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 41. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 42. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Overland Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Meridian Fire Department Recommendations as follows: ORDER CONDITIONAL USE PERMIT -9 (CUP -01-037) 43. A fire -flow consistent with Appendix III -A of the Uniform Fire Code shall be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 44. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 45. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 46. Final approval for fire hydrant location shall be by the Meridian Fire Department. 47. All turning radii shall be a minimum of 28' inside and 48' outside. 48. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 49. The roadways shall be built to Ada County Highway standards. 50. Provide an approved turnaround on the West end of Goldstone Way or provide a connection to the adjacent project. Adopt the Recommendation of the Nampa &. Meridian Irrigation District as follows: 51. Applicant shall apply for a land use change/site application, and all laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code §31-3805. Adopt the Recommendation of the Meridian Parks and Recreation as follows: 52. The pathway construction shall include a stop sign at Eagle Road, non -motorized vehicle signs, and vehicle restriction bollards at both ends of the path shall be required also. Any ORDER CONDITIONAL USE PERMIT -10 (CUP -01-037) other access points that the vehicles could enter, 33 -gallon garbage receptacles should be installed on small concrete slabs every 300 to 400 feet. Adopt the Recommendations of the Central District Health Department as follows: 53. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 54. Run-off is not to create a mosquito breeding problem. 55. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 56. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for storrnwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 57. Applicant shall submit plans for review for any and all food establishments, swimming pools or spas, beverage establishments. Adopt the Recommendations of Sanitary Services as follows: 58. The complex will generate approximately 3.5 cubic yards per day. Applicant shall allow a minimum of 12' inside gate post clearance and a clear obstruction free drive on capability for an 8 cubic yard container. 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. ORDER CONDITIONAL USE PERMIT - 11 (CUP -01-037) 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. day of By action of the City Council at its regular meeting held on the 2002. Robert D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. IN City Clerk Dated: Z:\WOC1dM\Meridian\Meridian 15360M\El Dorado Bus Campus AZO1-018 PPO1-020 CUP01-037\0rderCUP.doc ORDER CONDITIONAL USE PERMIT -12 (CUP -01-037) rmimi Ut- The purpose of this License Agreement is to permit Licensee to do the easement of the District: MAR 1 � 92 City of Meridian City Clerk Office following in the 1. Cross (bore) underneath the Ridenbaugh Canal with a sewer line, domestic water and pressurized irrigation line at the northeast corner of the property of Sherbrook Hollow Subdivision at the point the Ridenbaugb begins to curve north east, or in the alternative, to allow Licensee to open cut the Ridenbaugh Canal in this location. The choice of method must be approved, in advance, by the Water Superintendent of Nampa & Meridian Irrigation District. 2. To concrete line the Ridenbaugh Canal for a total of 20' on both sides of the bank in the location of the sewer, domestic water and pressurized irrigation line as referenced in paragraph 1 to this Exhibit C. 3. To cross the Ridenbaugh Canal with a vehicular bridge connecting Thousand Springs Subdivision to Los Alamitos Park Subdivision No. 3 in the location of Lot 9, Block 9, Los Alamitos Park Subdivision No. 3 and to cross the Ridenbaugh at this location with sewer, domestic water, and pressurized irrigation lines. 4. To encroach with a fence on the Ridenbaugh Canal up to 5' from the south bank. 5. To allow a soil profile to be taken at the location of the vehicular bridge crossing referenced in item 3 in this Exhibit C. a. The work shall be in accordance with the plans which Licensee submitted to the District and which the District approved. These plans have been delivered to the District's water superintendent, are in his possession in his offices, and are hereby incorporated by this reference. b. Licensee shall not place any structures nor plant any trees, shrubs, or landscaping above ground on the District's easement areas except as referred to in this agreement or exhibits hereto without the prior written consent of the District. d. The District's easement for this portion of the Ridenbaugh Canal is 100 feet, 50 feet on either side of the center line. C. Construction shall commence after October 15, 1998 and be completed not later than March 15, 1999. Time is of the essence. LICENSE AGREEMENT - Page 7 dMfp� NAM PA & MERIDIAN IRRIGATION DISTRICT PHON9 (208) 468.0663 6525 EAST GREENHURST NAMPA, IDAHO 83888 RECF is " FAX COVER SHEET MAR 1 " °'792 City of Mer -i d! } tin ATTENTION:_ Jotg A-rj4 ! i 9ESL City Clerk Ofiico COMPANY: (t; H tyl oO k E_ GD FAX NUMBER: FROM: DAA DATE:_ I q FW -1? d2 TIME: REFERENCE: NUMBER OF PAGES (INCLUDING COVER); lL IF TRANSMISSION IS INCOMPLETE, PLEASE CALL AND ASK'FOR A RESEND. OUR FAX NUMBER IS: (208) 483-0183 REMARKS: Tots tS f -c. T4 -E or4t..V L169ti cG AA Pyr- 7a i7 -taunt !T'S WH41- (eocL N — A THANK YOUQ LICENSE AGREEMENT between NAMPA a MERIDIAN IRRIGATION DISTRICT and FARWEBT L.L.C.. Nerty Goldsmith, Member 20 October 1998 Instrument #98100924 RIDBNBAUGH CANAL KLUURUEU • REQUEST OF �AAV►U P:4YARR*6 NAM,' & MERIDIAN RRIGATiO D! TRICT 8GlSE,1�A;;D FEi:EPUTY 19980022 Ail 9: 03 98100 24 LICENSE AGENT LICENSE AGREEMENT, made and entered into this u day of 1998, by and among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and Farwest L.L.C., an Idaho Limited Liability Company, 4550 West State Street, Boise, Idaho 83702 party or parties of the second part, hereinafter referred to collectively as the "Licensee", WHEREAS, the Licensee is the owner of the real property (burdened with the easement -- of the District hereinafter mentioned) pa-V=larly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as RI12ENBAUGH C�(hereinafter referred to as "ditch or canal"), an Integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WEIEREAS, it is necessary that the District protect absolutely its right to control any modification or alteration of its watercourses and its right of way along its watercourses; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows, LICENSE AGREEMENT - Page 1 1. The Licenst.,�, shall have the right to modify the said `�., h or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "purpose of License" attached hezeto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without fust obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interested) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement w as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; ditch or canal; C. an increase in seepage or any other increase in the loss of water From the d, the subsidence of soil within or adjacent to the easement; e. any other damage to the District's easement and irrigation works, S. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all tunes be subject to inspection by the District and the District's engineers, and that final acceptance of the such work shall not be made until all such work and materials LICENSE AGREEMENT - Page 2 shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove icany facility installedinstalled by the Licensee and to repair any alteration by the Licensee of said the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. if the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. S. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove aay facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which `" LICENSE AGREEMENT - Page 3 shall occur to any facility, structure, plant, or any other improveInt-t of any kind or nature whatsoever which the Licensee shall install on th- said easement area of the District in the -, reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement, 11. Licensee shall place no structures or landscaping of any kind above ground on the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District, 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcernent of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to -reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such iniption works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 14. Nothing herein contained shall be construed to impair the easement and right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation water. 15. In the evens of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 15. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in comwzdon with negotiations covering the terms and conditions of this License Agreement, 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. I$. This agreement is not intended for the benefit of any third party and is not LICENSE AGREEMENT - Page 4 enforceable by any third party, 19. If any provision of this agreement is determined by ycourt of Competent this agreement jurisdiction to be invalid or otherwise unenforceable, all remaining p shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties to and on all parties and All Persons hereof shall inureto the benefit of each of the Parties under them or either of them, and the advantages hereto and their respective successors and assigns. NAMPA & MERIDIAN IRRIGATION DISTRICT By ." r;ts Sgteta* FARWEST L.L.C., an Idaho Limited Liability Company Marty 00dsmith M b `-" LICENSE AGREEMENT - Page 5 STATE OF IDAHO ) ss: County of Canyon ) On this,,�/W day of , 1998, before me,,tpe undersig "ed,"a�Notary and ptplic. in anA for said State, personally appeared , known to me to be the President and Sec ,respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my band and affixed my official seal, the day and year in this certificate first above written: ,,A$1uuu1#4#0 r� ��:•'' �. Notary Public for Idaho a �j1+ �'� R ��'�Residing at Nampa, Idaho „� ....• :* My Commission Expires JIZo ' C' 800 9 STATE OF IDAHO ss: County of ) On this5 ^day of (�. , 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared MARTY GOLDSMITH, known or identified to me to be the a member of FARWEST L.L.C., the limited liability company that executed the within and foregoing k strutnent and acknowledged to me that limited liability company executed the same, ;, , •`ITT S HEREOF, I have hereunto set my hand and affixed my official seal, the S V� day.,and yeai'iii'�his certificate fust above written. ';,cls' : • LY Notary Public for Idaho Residing at R t,U Idaho My Commission Expires: I 01 _J LICENSE AGREEMENT - Page 6 �' A: 24'i'E8 l:: ua h72C7I l TO 33Q319t3 P.02 • DESCRIPTION roR PHASE 1 PROPOSW TIIOUSAND SPRINGS SUBOIYISION JUIy 2U, 1VOU 411- A parral of lmr4 tying in the Southeast 14 of Section 20, Township 3 North, Range 1 East, BGIse Mefftrl. Ada dormty, Idaho, more par Icularly desc ribod a% follow3: , 0RmMetWnq atttte southeast comer of Section 2A, "I'.:�lY,, ME., B.M., thence N 09"30'44• W 1341.ZG feet to the southeast comer of thn .'}W 1/. of the SE Y,; thence N 00'1111` E 1344,49 feet to the southwest comer of the NE /, of the 6E Y: thence N 89'50'58' I- 3W,84 feet along the south lino of ihm HE Y. of the SE YA to the REAL POINT OF BEGINNING of this des:cripGon; Thence N 04024'08" W 178.09 fact to a paink Thence N OMO'00' E 279.27 feet w a point: Vninca N 04TOW" E 60,00 feat to a point; Tharute N EWVO'00' W 7,50 foot to a point; Terence N 040WOt7' E 112,00 feat to a point Them♦§ $ 80'OO'Oa" 1=15.28 teat to A Point; Thence N 04°0000" E 112.00 foot tv a puiiit: Thence N e6*00'00' W 37.00 foot to a point; Thence N 04`00'DO' b 474.47 WE to a point an the centerline of the Rideabougfi Lanai; Them,S 55'3!9'06- E 163.9f Leet along said contedino to a point of curvatura; 'I hence along said cantorlino along a curve to tete left 116.45 feet, said curve !raving a WWII of 200,00 feet, a cantmi angle of 33121'36", tangents of 59,83 feet, and a long chord which. dear& N7,71123106' E 114,81 feat to a point of tangency; Thence N 00"42-1 Ir E 1x1.60 Leet along said centerline to a point of curvatul e; i . 7 heneR along said coritcOlne along a cuive to the right 772.33 feet, said curvy having a radius Of 260.00 feet, ti centro(angle of 50'57'18", tangents of 119.12 feet, and a long chord which boars N 86610187' E 215,00 feet to a point of tangency: Thonce a e8*20'24" E 339,40 feet alone} 1Wd centortint to a point on t tv westerly right of Way nt S IE991e Road; Thence S 00300'14• E 1163.70 foot along said wwvlerly right of way to a point on the tooth line 0f the NE Y Of the Si» `/,' 990304 9)U44111V . •�- ..�-•mow ate••.:� rKul't IU Thonce N 8e^60'50' W UM -91 test along the south tine 4f the NE Yi of the SE S: to the , REAL PQIN7 OF BEGINNING of tills dosaripron, l ()aid parcel of lAnd Contains 28.32 acres, marw or less, . i Michael L. Marts, RLS, No, 4998 EXHIBIT W.H. MOORE C O M P A N Y Real Estate Development 600 N STEELHEAD WAY, SUITE 144 (83704) P.O. BOX 8204 BOISE, IDAHO 83.707.2204 To name (t) i ex 9 To company To fax no. Re RECE11'rED j CITY OF MER 44N T R A N S M I T T A L 16iSONE (208) 323.1919 / FAX 323-7$23 Dateltime 3 1171,6 2 --- From Pages (including this) ❑ For your use ❑ As requested 0 Please call ❑ Original to follow ,Message: w C %% Gi i s c 01/ 7-0 4 � MAR 19 '02 15:46 20e 323 7523 PAGE.01 9 W.H. Moou C O M P A N Y Real Estate Development 600 N. STEELHEAD WAY, SUITE 1 ed (8370x) P,O. BOX 8204 BOISE, IDAHO 83707.2204 Date: March 19, 2002 To: William G. Berg, Jr. City Clerk City of Meridian From: Jonathan R, Seel TELEPHONE (208) 323.1919 / FAX 323.7523 RE C E A���d 9 2002 CITY OF MERIDIAN CITY CLERK OFFICE Subject: El Dorado Business Campus Findings and Recommendations of Planning and Zoning Commission, Dated February 27, 2002 for: • Annexabon and Rezone • Preliminary Plat • Conditional Use Permit Winston Moore requests the following modifications to the Findings and Recommendations for El Dorado Business Campus: • The owner of record should be Kimball Properties Limited Partnership, Managing Panner: Winston H. Moore ( not James Griffin.) • In the recommendations to City Council for the Conditional Use Permit, page 3 item 1 (7), change Goldstone Way to Copper Point Way. Prior to the Planning and Zoning hearing on February 21, it was agreed between applicant and staff that this condition will apply to buildings south of Copper Point and not Goldstone Way. The Planning and Zoning Commissioners approved our request, but apparently this change has not been transmitted to the City Council recommendations. • Tn the recommendations to City Council for the Conditional Use Permit, page 3 item 1 (8), Staff deleted this requirement from the report submitted to the Planning and Zoning Commission, dated February 19, 2002. This condition was not reinstated by the Planning and Zoning Commission. • In the recommendations to City Council for the Conditional Use Permit, page 4 item 6, the City is requiring the applicant construot a bridge across the Ridenbaugh Canal. It further states if N&MID denies this bridge, item 6 shall be removed. We have MAR 19 102 15:46 208 323 7523 PAGE.02 - 1 .- . -- - -- .. .. - - --- r ...) William G. Berg, Jr. City Cleric City of Meridian Application for El Dorado Business Campus March 19, 2002 Page 2 provided a letter from John Anderson of N&MJD opposing construction of a bridge across the Ridenbaugh Canal. We believe this condition should be deleted, • In the recommendations to City Council for the Conditional Use Permit, page 4 item 7, the Applicant is instructed to submit a subdivision open space calculation. Under the Planned Use Development Ordinance, Staff advised the Planning and Zoning Commission that the development satisfied the two amenities (project provides two open spaces, jogging path and pedestrian pathway) and therefore an open space calculation was not required. The Planning and Zoning Commission concurred with Staff s recommendation. cc: Planning and Zoning Staff City of Meridian MAR 19 '02 15:47 208 323 7523 PAGE.03 4-02-202 3:35PM FROM W.H. MOORE COMPANY 208 323 7523 9 VV.H. MOORS C O M P A N Y Real Estate Development 600 N, STEELHEAD WAY, SUITE 144 (83704) P.O. BOX 8204 BOISE, IDAHO 837072204 Date: April 2, 2002 To: William G. Berg, Jr. City Clerk City of Meridian From: Jonathan R. Seel �C, ol_oz-oz J 461� �� 3 41 R 0 2 2002 City 10-T M, en'dicar, i tv Cleek, Oflice Subject: El Dorado Business Campus Findings of Fact and Conclusion of Law and Decision and Order Granting Application, Dated March 27, 2002, for: • Annexation and rezone • Preliminary Plat • Conditional Use Permit Winston Moore requests the following corrections to the referenced Findings .for E1 Dorado Business Campus: • The Findings of Fact for the Preliminary Plat, and Annexation and Rezone reference 32 building lots, whereas the approved Preliminary Plat (dated 3/06/02) contains 34 building lots. • The Findings approved by City Council on March 19, 2002, item #4, contained the sentence "The submitted conceptual landscape plan for Overland and Eagle Road street buffers is approved." In the March 27`x' Findings of Fact (item #4) this sentence was deleted completely. Given the Council did not make a motion to delete this sentence, we believe this is simply an oversight and should be added back in. • The Findings for the Preliminary Plat, item #6, state that the stub street to the west property line has not been named, This street has been named Blue Horizon Drive and was approved by the ADA County Street Name Committee. • The Findings for the Preliminary Plat, page 13 item #4 states "The Parks Department requires that a 10' wide hard surface path be required on the northern property of E1 Dorado Business Campus and constructed at the base of the Ridenbaugh Canal...". We believe it should read north of the Ridenbaugh Canal as both the path and the canal are located on the south boundary of the project. APR 02 '02 15:36 208 323 7523 PAGE.01 4-02-202 3:36PM FROM W.H. MOORE COMPANY 208 323 7523 P.2 William G. Berg, Jr. City Clerk City of Meridian Findings of Fact for ll Dorado Business Campus April 2, 2002 Page 2 The Findings mentions Copper Point Way. However, the ADA County Street Name Committee approved the street name as Copper Point Drive. cc: Pla ening and Zoning Staff City of Meridian Marlene St. George, White Peterson RPR 02 102 15:36 208 323 7523 PAGE.02 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 6:30 p.m. on March 19, 2002, for the purpose of reviewing and considering the application of W.H. Moore Company for annexation and zoning of 85.36 acres from RUT to C -C and C -G zones for proposed EI Dorado Subdivision generally located at the southwest corner of East Overland Road and South Eagle Road. Furthermore, applicant requests preliminary plat approval for 32 building lots and 17 other lots on 85.36 acres in proposed C -C and C -G zones. Finally, applicant requests a Conditional Use Permit for a mixed-use with office, retail, restaurant and hotel/motel for the proposed EI Dorado Business Campus. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting. DATED this 22nd day of February, 2002. 3s t WILLIAM G. BERG, JR., CI CLERK PUBLISH 25th 0th 11th of March, 2002. ,i A ... _ ?{ . Sent By: City of Meridian; 7 8886854; Jul -11- 9:04AM; Page 6/7 z cn 0 OZ lu W1T#Z9 aasel Ronald W. Van Auker 3084 East Lanark Meridian, ID 83642 Leonard and Nancy Beitz 1547 Loder Place Meridian, ID 83642-6627 Gary and Debra Fazenbaker 1561 South Loder Place Meridian, ID 83642 Thousand Springs Sub HOA, Inc. 4550 West State Street Boise, ID 83703 Kevin and Laurie McElroy 3022 East Green Canyon Drive Meridian, ID 83642-1350 Thomas and Nancy Connolly 2484 South Hood Ranch Avenue Meridian, ID 83642 Douglas and Kristine Richards 2810 East Green Canyon Drive Meridian, ID 83642 John and Rebecca Schiebout 2872 East Green Canyon Drive Meridian, ID 83642 Loren and Vera Hornbaker 2918 East Green Canyon Drive Meridian, ID 83642 -d:.,_._..; stagUI ssaaPPV ®A2 3AV D%/ 3 Terteling Comany, Inc. 3823 North 36 h Street Boise, ID 83703-4634 James and Joy Sweet, Jr. 2950 East Overland Road Meridian, ID 83642-6612 Columbia Investments, LLC 1454 Winderbrook Way Salt Lake City, UT 84124 Gary and Lauri Ann Roberts 3066 East Green Canyon Drive Meridian, ID 83642 Brian and Laura Frazer 2702 Green Canyon Drive Meridian, ID 83642 Alan and Karen Marchbanks 2788 East Green Canyon Drive Meridian, ID 83642 Robert and Susan Reese 2834 East Green Canyon Drive Meridian, ID 83642 Frank and Ellen Herron 2896 East Green Canyon Drive Meridian, ID 83642 David and Caroline Evans 5999 West State Street Ste A Boise, ID 83703 Lewis and Mary Ann Barton 1546 Loder Place Meridian, ID 83642-6626 Overland Way HOA, Inc. 1546 Loder Place Meridian, ID 83642-6626 James F. Griffin PO Box 2720 Boise, ID 83701-2720 Christopher and Teriala McMasters 3044 East Green Canyon Drive Meridian, ID 83642 - Daniel and Lori Curtis 2730 East Green Canyon Drive Meridian, ID 83642 Warren and Adria Waters 3000 East Green Canyon Drive Meridian, ID 83642 Charles and Brenda Mallard 2850 East Green Canyon Drive Meridian, ID 83642 Michael and Beverly Smyth 2964 East Green Canyon Drive Meridian, ID 83642 Brent and Sharon Hanson 3039 East Green Canyon Drive Meridian, ID 83642 Kent and Dana Heasley Andrew and Alisa Ortega Jonathan Jensen 2502 South Hood Ranch Avenue 3021 East Green Canyon Drive 2729 East Green Canyon Drive Meridian, ID 83642 Meridian, ID 83642 Meridian, ID 83642 Smooth Feed SheetsTM Cj Use template for 51600 ,ouglas S. Oldham 833 East Green Canyon Drive leridian, ID 83642 'al Harris 893 East Green Canyon Drive leridian, ID 83642 ;urtis and Christine Hamilton 935 East Green Canyon Drive leridian, ID 83642 ;ilverstone 1128 LLC 11 West State Street poise, ID 83702 oseph and Ginamarie Skeen 761 East Green Canyon Drive leridian, ID 83642 Frank and Beverly Malinowski 2809 East Green Canyon Drive Meridian, ID 83642 George and Eldora Papallo 2849 East Green Canyon Drive Meridian, ID 83642 Damian and Nicole Sower 2963 East Green Canyon Drive Meridian, ID 83642 Aaron Sasser PO Box 190070 Boise, ID 83709 Sutherland Farm, Inc. PO Box 1338 San Mateo, CA 94401-0840 Philip Sisson 2997 East Green Canyon Drive Meridian, ID 83642 Russell and Laurie Biaggne 2871 East Green Canyon Drive Meridian, ID 83642 Zhong Chen and Jingsong Zhang 2915 East Green Canyon Drive Meridian, ID 83642 Sundance Investments Ltd Ptnrshp 9100 West Black Eagle Drive Boise, ID 83709 Hill Way, Inc. PO Box 1338 San Mateo, CA 94401-0840 M�Al,ffi DATE 19 -Mar -02 NUMBERPROJECT 01-037 PROJECT NAME El Dorado Business Campus NAME FOR AGAINST March 15, 2002 MERIDIAN CITY COUNCIL MEETING March 19, 2002 CUP 01-037 APPLICANT W.H. Moore Company ITEM NO. 1 REQUEST Public Hearing -- Request for a Conditional Use Permit for mixed use with office, retail, restaurant and hotel/motel for proposed EI Dorado Business Campus -- southwest corner of East Overland Road and South Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: NTERMOUNTAIN GAS: )READ OF RECLAMATION: COMMENTS See attached P&Z Item Packet See attached Recommendations no f j HER: itacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. WHITE PETERSON tlt�l is �0::;� WHITE, PETERSON, MoRRow, GIGRAY, RoSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DINIUS PH m A. PETERSON JuLIe KLmN RscHER ERICA S. PHILLIPS WM. F. GIORAY, In ERIC S. RossMAN T. GUY Iiud AM* ToDD A. Rossmm D. SAMUEL JOHNSON DAVID M. SwARTLEY LARRY D. MOORE PAMELA J. TARLOW WILLIAM A. MORROW TnanCER.WEffE ** WILLIAMF. NICHOLS* NICHOLAS L. WOLLEN CHRISTOPHER S. NYE *Also admitted in OR ** Also admitted in WA To: Staff A pplicant Agfected Property Owner(s) ATTORNEYS AT LAW 830 E. FIRST ST., SUITE 200 POST OFFICE Boxl 150 MERIDIAN, IDAHO 83680-1150 NAWA OFFICE 5700 E. FRANKLIN Rn., STEL 200 NAMPA, IDAHO 83687-8402 TELFAX (2 8))466 4405 TEL (208)288-2499 PLEASE REPLY TO IVfERIDIAN OFFICE FAx (208) 288*2501 E-MAIL: DMS®whitepaterson,com A February 27, 2002 2007 e f 5p _ Re: Application Case No. CUP -0I-037 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above reference matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: I . That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and That you carefully complete (be sure it is le ible) the Position Statement if you disagree with the Findings an Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Cleric's office. It is recommended that you ppre are a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, pplease present your Position Statement to the City Council at the hearing, along with eight (ff) copies. The copies will be resented to the Mayor, Council, Planning and Zoning Admrk inistrator, Public Wos and the City Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly vo4irs, City Attorneys Office lyi BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) Case No. CUP - 01-037 REQUEST CONDITIONAL USE ) PERMIT FOR A PLANNED ) RECOMMENDATION DEVELOPMENT ) TO CITY COUNCIL W.H. MOORE COMPANY, ) Applicant 1. The property is located at the southwest corner of E. Overland Road and S. Eagle Road, Meridian. 2. The owner of record of the subject property is James F. Griffin of Boise. 3. Applicant is W.H. Moore Company of Boise. 4. The subject property is currently zoned RUT by Ada County There is, however, an application for annexation and zoning to C -C and C -G before the City Council. The zoning district of C -C and C -G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The applicant requests the conditional use permit for a planned development for a mix of uses such as Office, Retail, Restaurants, and Hotels/Motels. The C -C and C -G zoning designations within the City of Meridian Zoning and Development Ordinance require a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed which is the subject of this will, in fact, constitute a conditional use as determined by City policy. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested conditional use RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE EL DORADO BUSINESS CAMPUS - W.H. MOORE COMPANY - Page I permit as requested by the applicant for the property described in the application, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. A multi use pathway shall be constricted along the Ridenbaugh Canal. The Applicant shall work with the Parks Department to determine the location, dedication, maintenance, surfacing, landscaping, and other improvements associated with a Multi -use pathway. Ten copies of a revised site plan indicating the location, width, landscaping and associated improvements of the pathway(s) shall be submitted at least ten days prior to the City Council hearing. The following standards shall apply to the multi use path: 1. A minimum 10 -foot wide hard surface pathway shall be constricted by the Applicant; 2. The pathway shall be constricted either within a permanent pedestrian easement in favor of the City of Meridian or within a separate common lot that is deeded to the City of Meridian; 3. Said pedestrian easement or common lot shall connect to the public sidewalk adjacent to Eagle Road in the general area of the southeast corner of Lot 1, Block 1 and meander due west and terminate at the west subdivision boundary. The easement or common lot shall be at least 20 feet wide at its narrowest point and be 30 feet wide where building locations and topography will allow, and may, to the extent permitted by NMID, encroach upon that part of the Ridenbaugh Canal 100 feet right-of-way lying north of the canal maintenance road; 4. A minimum 5 -foot wide ship of landscaping or natural vegetation that creates a durable groundcover shall be provided between the fence and the south edge of pathway. Said vegetation may be provided either within the pedestrian easement or within NMID's easement; RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE EL DORADO BUSINESS CAMPUS - W.H. MOORE COMPANY - Page 2 5. No solid fencing will be permitted on the north side of the pathway, between the buildings and the pathway, except as otherwise agreed upon in writing by the City; 6. An open -vision fence shall be constructed on the south side of the pathway and north of the irrigation maintenance road, as close to the top of bank as will be permitted by the Nampa Meridian Irrigation District; 7. The pathway and associated landscaping shall be improved prior to the first Certificate of Occupancy being issued south of Goldstone Way or by the opening of the fixture city park west of El Dorado Business Campus Subdivision, whichever comes first. 8. The Planning and Zoning Commission further recommend adopting the recommendation of Tom Kuntz, Meridian Parks & Recreation that a six-foot wide pedestrian walkway between Lots 2 and 3 in Block 1 that would connect Copper Pointe Way to the proposed Ridenbaugh pathway. The six-foot wide pathway should have a five-foot landscape buffer on both sides. 2. Buildings located on the properties adjacent to the Thousand Springs Subdivision (south property line) shall be restricted to a maximum of 35' feet to the top of the roof in height (as opposed to 40'). One building is permitted north of the stub road, along the west edge, prior to approved final plat. 3. Bicycle racks shall be installed at all buildings used for office and retail use within the El -Dorado Subdivision. 4. The applicant shall be responsible for reserving or dedicating an area within the development to be used for a future bus stop. Applicant shall coordinate the timing, size and location of the bus stop with the VIATrans staff and submit a letter to the P&Z Department prior to final approval of the perimeter landscaping plan. 5. The proposed internal jogging path crosses through several parking lots within the subdivision. The pathway has been designed to cross though the parking lots by placing the pathway within the parking medians. The applicant shall provide a conceptual drawing of the pathways that are to be located within the medians. The design must incorporate the RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE EL DORADO BUSINESS CAMPUS - W.H. MOORE COMPANY - Page 3 required landscaping, the jogging path and other buffers, as needed, to eliminate vehicle overhang from interfering with the pathway. The drawing shall be submitted 10 days prior to the City Council hearing. 6. The pedestrian pathway and bridge shown on the Preliminary Plat and CUP Site Plan to cross the Ridenbaugh Canal and connect with the existing Thousand Springs Subdivision pathway must be constructed. If a License Agreement with the Nampa Meridian Irrigation District cannot be obtained, the Applicant shall forward to the City a copy of NMID's written denial of the crossing and this condition shall be removed. 7. Applicant shall submit a subdivision open space calculation prior to the P&Z Commission hearing to demonstrate the minimum open space requirement for a Planned Development is met. The required open space must exclude the required Overland and Eagle Road landscape buffers and any inaccessible portions of the 50 -foot Ridenbaugh Canal easement. 8. The Planning and Zoning Commission further recommend that the applicant comply with the demand of Nampa & Meridian Irrigation District that all laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. GENERAL COMMENTS 9. 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 itrigation/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. 10. 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. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE EL DORADO BUSINESS CAMPUS - W.H. MOORE COMPANY - Page 4 11. Off -sheet parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site- specific requirements. 12. 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. 13. 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. 14. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 15. 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. Adopt the Recommendations of ACRD as follows: Special Recommendation to City of Meridian: 16. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. 17. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. 18. 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 RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE EL DORADO BUSINESS CAMPUS - W.H. MOORE COMPANY - Page 5 operating area of the intersection is vital to the safe operations of the intersection. The subject site's additional traffic will exacerbate the traffic problems at these intersections. 19. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service without modifications to Eagle Road and Overland Road, and the intersection. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 20. 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. 21. 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 waiTanty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 22. 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. 23. 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. 24. Construct the proposed driveway on Overland Road approximately 240 - feet west of Eagle Road. This driveway meets District policy as a right-in/right-out driveway only and is approved with this application. The applicant shall coordinate with the Districts Traffic Services Division to determine a mean to restrict this driveway to a right- in/right-out driveway only (i.e. raised median, internal island, etc.). RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE EL DORADO BUSINESS CAMPUS - W.H. MOORE COMPANY - Page 6 25. 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. 26. Construct the proposed public roadwa access point located on Overland Road approximately 950 -feet west of Eagle Road is a collector roadway. This location is granted a modification of policy and is approved with this application. 27. Construct the proposed public roadwa 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. 28. 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. 29. Construct the proposed public roadwa on Eagle Road approximately 1,700 -feet south of Overland Road. This roadway meets District policy and is approved with this application. 30. Construct the proposed public roadwa 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. 31. 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. 32. 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. 33. Construct the proposed roadway on Eagle Road located approximately 700 -feet south of Overland Road is proposed to offset a driveway that RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE EL DORADO BUSINESS CAMPUS - W.H. MOORE COMPANY - Page 7 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. 34. Construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for all of the Rill access driveways. 35. Construct a left turn bay at the main entrance on Eagle Road. 36. Enter into a three way written agreement with the District for the cost and specific location of the traffic signal on Eagle Road. 37. 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. 38. 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. 39. The turnarounds shall be constructed to provide a minimum turning radius of 55 -feet. 40. Any existing irrigation facilities shall be relocated outside of the right- of-way. 41. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 42. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE EL DORADO BUSINESS CAMPUS - W.H. MOORE COMPANY - Page 8 43. 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: 44. 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. 45. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 46. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 47. Final approval for fire hydrant location shall be by the Meridian Fire Department. 48. All turning radii shall be a minimum of 28' inside and 48' outside. 49. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 50. The roadways shall be built to Ada County Highway standards. 51. The proposed 85 acre annexation will have an estimated transient population of 3,500 people based on an estimated 700,000 square feet of space to occupy at 200 square feet per person. This will generate an estimated 145 additional calls for service at build out. 52. The proposed project lies outside the five-minute response zone goal. 53. 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. 54. Applicant shall apply for a land use change/site application, and all laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code §31-3805. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE EL DORADO BUSINESS CAMPUS - W.H. MOORE COMPANY - Page 9 55. The pathway construction shall include a stop sign at Eagle Road, non - motorized vehicle signs, and vehicle restriction bollards at both ends of the path shall be required also. Any other access points that the vehicles could enter, 33 -gallon garbage receptacles should be installed on small concrete slabs every 300 to 400 feet. Adopt the Recommendations of the Central District Health Department as follows: 56. 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. 57. Run-off is not to create a mosquito breeding problem. 58. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 59. 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. 60. Applicant shall submit plans for review for any and all food establishments, swimming pools or spas, beverage establishments. Adopt the Recommendations of Sanitary Services as follows: 61. The complex will generate approximately 3.5 cubic yards per day. Applicant shall allow a minimum of 12' inside gate post clearance and a clear obstruction free drive on capability for an 8 cubic yard container. \\\Recommendations\CUP01037EiDorado.wpd204.229.127.194\SERVERZ\Work\M\Meridian\Meridian 15360M RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE EL DORADO BUSINESS CAMPUS - W.H. MOORE COMPANY - Page 10 WHITE PETERSON WHITE, PETERsoN, MoRRow, GIGRAY, ROSSMAN, NYE & RossmAN, P.A. KEVIN E. DINIOS PHILIP A. PETERSON JULIE KLEIN FtsCHER ERICA S. PIm.Ias Wm. F. GIORAY,II ERIC S. RossMAN T. GUY HALLAM* TODD A. ROssMAN D. SA uEL JOHNSON DAVID M, SWARTLEY LARRY D. MOORE PAMELA J. TARLOW WI.LMM A. MORROW TERRENCE R. WHrm** WILLIAM F. NICHOLS* NICHOLAS L. WOLLEN CHRISTOPHER S. NYE *Also admitted in OR ** Also admitted in WA To: Staff Applicant Affected Property Owner(s) ATTORNEYS AT LAW 830 E. FIRST ST., SUITE 200 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208)288-2499 FAx(208)288*2501 E-MAL:DMS@Whitepetersonxom February 27, 2002 Re: Application Case No. CUP -01-037 NAMPA OFFICE 5700 E. nwgKLIN RD., STE. 200 NAMP& IDAHO 83687-8402 FAX (208))466-4405 PLEASE REPLY TO MERIDIAN OFFICE 1�< R 0 61 2 00 Of 1 1` City Clerk, 1 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above reference matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: I . That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and That you carefully complete (be sure it is Iegible) the Position Statement if you disagree with the Findings and Recommendations of the Planning and Zoning Commission. The Position Statement form for this application 1s available at the City Clerk's office. It is recommended that youreppare a Position Statement and deliver it to the City Cleric prior to the hearing, if possible. -If that is not possible, please present your Position Statement to the City Council at the hearing, along with eight (9) copies. The copies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Wor-lcs and the City Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly pprs, City Attorney's Office ly/ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE } Case No. CUP - 01-037 REQUEST CONDITIONAL USE ) PERMIT FOR A PLANNED ) RECOMMENDATION TO CITY DEVELOPMENT ) COUNCIL W.H. MOORE COMPANY, ) Applicant The property is located at the southwest corner of E. Overland Road and S. Eagle Road, Meridian. 2. The owner of record of the subject property is James F. Griffin of Boise. 3. Applicant is W.H. Moore Company of Boise. 4. The subject property is currently zoned RUT by Ada County There is, however, an application for annexation and zoning to C -C and C -G before the City Council. The zoning district of C -C and C -G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. S. The applicant requests the conditional use permit for a planned development for a mix of uses such as Office, Retail, Restaurants, and Hotels/Motels. The C -C and C- G zoning designations within the City of Meridian Zoning and Development Ordinance require a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed which is the subject of this will, in fact, constitute a conditional use as determined by City policy. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested conditional use permit as RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE EL DORADO BUSINESS CAMPUS — W.H. MOORE COMPANY - Page 1 requested by the applicant for the property described in the application, subject to the following; Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: A multi use pathway shall be constructed along the Ridenbaugh Canal, The Applicant shall work with the Parks Department to determine the location, dedication, maintenance, surfacing, landscaping, and other improvements associated with a Multi -use pathway. Ten copies of a revised site plan indicating the location, width, landscaping and associated improvements of the pathway(s) shall be submitted at least ten days prior to the City Council hearing. The following standards shall apply to the multi use path: a. A minimum 10 -foot wide hard surface pathway shall be constructed by the Applicant; b. The pathway shall be constructed either within a permanent pedestrian easement in favor of the City of Meridian or within a separate common lot that is deeded to the City of Meridian; C. Said pedestrian easement or common lot shall connect to the public sidewalk adjacent to Eagle Road in the general area of the southeast corner of Lot 1, Block 1 and meander due west and terminate at the west subdivision boundary. The easement or common lot shall be at least 20 feet wide at its narrowest point and be 30 feet wide where building locations and topography will allow; d. A minimum 5 -foot wide strip of landscaping or natural vegetation that creates a durable groundcover shall be provided between the fence and the south edge of pathway. Said vegetation may be provided either within the pedestrian easement or within NMID's easement; e. No solid fencing will be permitted on the north side of the pathway, between the buildings and the pathway, except as otherwise agreed upon in writing by the City; f. An open -vision fence shall be constructed on the south side of the pathway and north of the irrigation maintenance road, as close to RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE EL DORADO BUSINESS CAMPUS — W.H. MOORE COMPANY - Page 2 the top of bank as will be permitted by the Nampa Meridian Irrigation District; g. The pathway and associated landscaping shall be improved prior to the first Certificate of Occupancy being issued. south of Goldstone Way or by the opening of the future city park west of El Dorado Business Campus Subdivision, whichever comes first. h. The Planning and Zoning Commission further recommend adopting the recommendation of Tom Kuntz, Meridian Parks & Recreation that a six-foot wide pedestrian walkway between Lots 2 and 3 in Block 1 that would connect Copper Pointe Way to the proposed Ridenbaugh pathway. The six-foot wide pathway should have a five-foot landscape buffer on both sides. 2. Buildings located on the properties adjacent to the Thousand Springs Subdivision (south property line) shall be restricted to a maximum of 35' feet in height (as opposed to 40'). 3. Bicycle racks shall be installed at all buildings used for office and retail use within the El -Dorado Subdivision. 4. The applicant shall be responsible for reserving or dedicating an area within the development to be used for a future bus stop. Applicant shall coordinate the timing, size and location of the bus stop with the VIATrans staff and submit a letter to the P&Z Department prior to final approval of the perimeter landscaping plan. The proposed internal jogging path crosses through several parking lots within the subdivision. The pathway has been designed to cross though the parking lots by placing the pathway within the parking medians. The applicant shall provide a conceptual drawing of the pathways that are to be located within the medians. The design must incorporate the required landscaping, the jogging path and other buffers, as needed, to eliminate vehicle overhang from interfering with the pathway. The drawing shall be submitted 10 days prior to the City Council hearing. 6. The pedestrian pathway and bridge shown on the Preliminary Plat and CUP Site Plan to cross the Ridenbaugh Canal and connect with the existing Thousand Springs Subdivision pathway must be constructed. If a License Agreement with the Nampa Meridian Irrigation District cannot be obtained, the Applicant shall forward to the City a copy of MVO's written denial of the crossing and this condition shall be removed. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR TIE EL DORADO BUSINESS CAMPUS — W.H. MOORS COMPANY - Page 3 7. Applicant shall submit a subdivision open space calculation prior to the P&Z Commission hearing to demonstrate the minimum 10% open space requirement for a Planned Development is met. The required open space must exclude the required Overland and Eagle Road landscape buffers and any inaccessible portions of the 50 -foot Ridenbaugh Canal easement. 8. The Planning and Zoning Commission further recommend that the applicant comply with the demand of Nampa & Meridian Irrigation District that all laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. GENERAL COMMENTS 9. 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. 10. 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. 11. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 12. 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. 13. 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. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE EL DORADO BUSINESS CAMPUS — W.H. MOORE COMPANY - Page 4 14. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 15. 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. Adopt the Recommendations of ACRD as follows: Special Recommendation to City of Meridian: 16. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACRD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. 17. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. 18. The Overland/Eagle Road and Meridian/Overland Road intersections operate at a Level of Service F (LOS F), and are listed as one of the 100 most critical intersections in Ada. County. Access control within the operating area of the intersection is vital to the safe operations of the intersection. The subject site's additional traffic will exacerbate the traffic problems at these intersections. 19. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service without modifications to Eagle Road and Overland Road, and the intersection. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACRD approval of the final plat: RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE EL DORADO BUSINESS CAMPUS — W.H. MOORE COMPANY - Page 5 Site Specific Requirements: 20. 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. 21. 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. 22. 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. 23. 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. 24. Construct the proposed driveway on Overland Road approximately 240 -feet west of Eagle Road. This driveway meets District policy as a right-in/right- out driveway only and is approved with this application. The applicant shall coordinate with the Districts Traffic Services Division to determine a mean to restrict this driveway to a right-in/right-out driveway only (i.e. raised median, internal island, etc.). 25. Construct the proposed dfivew 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. 26. Construct the proposed public roadwa access point located on Overland Road approximately 950 -feet west of Eagle Road is a collector roadway. This location is granted a modification of policy and is approved with this application. 27. Construct the proposed public roadw 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. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE EL DORADO BUSINESS CAMPUS — W.H. MOORE COMPANY - Page 6 28. 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. 29. 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. 30. Construct the proposed public roa a 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. 31. 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. 32. 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. 33. Construct the proposed roadway on Eagle Road located approximately 700 - feet south of Overland Road is proposed to offset a driveway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46 -foot street section with curbs, gutters and sidewalks within 70 -feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 34. Construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for all of the full access driveways. 35. Construct a left turn bay at the main entrance on Eagle Road. 36. Enter into a three way written agreement with the District for the cost and specific location of the traffic signal on Eagle Road. 37. 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. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE EL DORADO BUSINESS CAMPUS — W.H. MOORE COMPANY - Page 7 38. 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. 39. The turnarounds shall be constructed to provide a minimum turning radius of 55 -feet. 40. Any existing irrigation facilities shall be relocated outside of the right-of- way. 41. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 42. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 43. 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: 44. A fire -flow consistent with Appendix 111-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. 45. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 46. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 47. Final approval for fire hydrant location shall be by the Meridian Fire Department. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE EL DORADO BUSINESS CAMPUS — W.H. MOORE COMPANY - Page 8 48. All turning radii shall be a minimum of 28' inside and 48' outside. 49. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 50. The roadways shall be built to Ada County Highway standards. 51. The proposed 85 acre annexation will have an estimated transient population of 3,500 people based on an estimated 700,000 square feet of space to occupy at 200 square feet per person. This will generate an estimated 145 additional calls for service at build out. 52. The proposed project lies outside the five-minute response zone goal. 53. 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, 54. Applicant shall apply for a land use change/site application. Adopt the Recommendations of the Central District Health Department as follows: 55. 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. 56. Run-off is not to create a mosquito breeding problem. 57. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 58. 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. 59. Applicant shall submit plans for review for any and all food establishments, swimming pools or spas, beverage establishments. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE EL DORADO BUSINESS CAMPUS — W.H. MOORE COMPANY - Page 9 Adopt the Recommendations of Sanitary Services as follows: 60. The complex will generate approximately 3.5 cubic yards per day. Applicant shall allow a minimum of 12' inside gate post clearance and a clear obstruction free drive on capability for an 8 cubic yard container. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE EL DORADO BUSINESS CAMPUS — W.H. MOORE COMPANY - Page 10 February 19, 2002 CUP 01-037 MERIDIAN PLANNING & ZONING MEETING February 21, 2002 APPLICANT W.H. Moore Company ITEM NO. 6 REQUEST Continued Public Hearing from January 17, 2002 -- Request for a Conditional Use Permit for mixed use with office, retail, restaurant and hotel/motel for proposed EI Dorado Business Campus -- southwest cornerOverland Road and South Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See previous Item Packet See attached Comments OTHER: See attached letter from Thomas and Nancy Connolly Contacted: TMxyl S-tzie- Date: 2 1111 ej?— Phone: Materials presented at public meetings shall become property of the City of Meridian. �� i CH Ada County Highway District David E. Wynkoop, President 318 East 37th Street Dave Bivens, 1st Vice President uaraen city iu tiot i4-64uu Judy Peavey -Derr, 2nd Vice President Phone (208) 387-6100 Susan S. Eastlake, Commissioner FAX (208) 387-6391 Sherry R. Huber, Commissioner E-mail: tellus@ACHD.ada.id.us January 24, 2002 TO: W.H. Moore Company 600 North Steelhead Way Suite 144 Boise, Idaho 83704 FROM: Andrea N. Tuning Principal Development Ana yst Planning & Development SUBJECT: Eldorado Business Campus/ MCUP01-037 / MAZ01-018 s/w/c Overland Road/Eagle Road 5 -lots RECEIVED City of hileridia-ioa City t. office. The Commissioners of the Ada County Highway District on January 16, 2002 acted on your application for the above referenced project. The attached staff report lists conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact staff at (208) 387-6170. Cc: Planning & Development/chron/project file City Of Meridian Construction Services — John Edney Drainage — Chuck Rinaldi Larson Architects Cornel Larson 210 Murray Street Boise, Idaho 83714 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat — Eldorado Business Campus s/w/c Overland Road/Eagle Road 15 -lots MCUPOI-037 / MAZOl-018 The application has been referred to ACHD by the City of Meridian for review and comment. The Eldorado Business Campus is a 32 -lot office/commercial subdivision on 85.36 -acres. The applicant is requesting rezone approval from R-1 to C-C/C-G, annexation approval, as well as preliminary plat approval for the 85.36 acre subdivision. The site is located at the southwest corner of Overland Road and Eagle Road. This development is estimated to generate 8,262 additional vehicle trips per day based on the submitted traffic impact study. Roads impacted by this development: Overland Road Eagle Road Interstate 84 ACHD Commission Date — January 16, 2002 — 12:00 noon. Facts and Findings: A. General Information Owner — Winston Moore Applicant — W.H. Moore Company R-1 -Existing zoning (low-density residential) C-C/C-G — Proposed zoning (general commercial) 85.36 - Acres 32 - Proposed building lots 17 -Proposed common lots 4,950 - Total lineal feet of proposed public streets 285 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Eldoradoxmm Page 1 Overland Road Minor arterial with bike lane designation Traffic count of 13,551 on 11-30-99 (e/o Eagle Road) Traffic count of 11,422 on 11-30-99 (w/o Eagle Road) D -Existing Level of Service Greater than E - Existing plus project build -out Level of Service 1,300 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 54 to 48 -feet required right-of-way from centerline Overland Road is improved with 2 -lanes with no curb, gutter or sidewalk abutting the site. There is a southbound turn lane on Overland Road at the Eagle Road intersection. The Overland/Eagle Road intersection currently operates at a level of service F. Eagle Road Minor arterial with bike lane designation Traffic count of 19,790 on 11-30-99 (n/o Overland Road) Traffic count of 7,498 on 2-2-00 (s/o Overland Road) Traffic count of 44,397 on 10-19-99 (n/o I-84) C - Existing Level of Service D - Existing plus project build -out Level of Service 2,700 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 52 to 48 -feet required right-of-way from centerline Abutting the site Eagle Road is improved with two travel lanes with no curb, gutter or sidewalk. North of Overland Road Eagle Road widens to 5 -lanes. North of I-84 Eagle Road is under the jurisdiction of ITD. Interstate 84 Traffic count on I-84 was not available 0 -feet of frontage Interstate 84 is three lanes eastbound and three lanes westbound. There is an "ON" and "OFF" ramp at Eagle Road. B. The Overland/Eagle Road and Meridian/Overland Road intersections operate at a Level of Service F (LOS F), and are listed as one of the 100 most critical intersections in Ada County. Access control within the operating area of the intersection is vital to the safe operations of the intersection. The subject site's additional traffic will exacerbate the traffic problems at these intersections. Eldoradoxmm Page 3 C. The Overland Road / Eagle Road intersection is in the Five Year Work program. With the reconstruction of this intersection, the level of service for Eagle Road, Overland Road and the intersection are anticipated to improve. D. On March 14, 2001, the Commission approved the original Silverstone Corporate Center located directly across from the proposed Eldorado Business Campus. The Silverstone Corporate Center was estimated to generate approximately 9,629 vehicle trips per day. The Eldorado Business Campus is estimated to generate approximately 8,262 vehicle trips per day. On November 7, 2001, the Commission considered and allowed the Silverstone Corporate Center to have a fourth access point on Eagle Road due to the fact that the Silverstone Corporate Center had an extraordinary circumstance before them. Staff supported a fourth access on Eagle Road because of three key major components: 1. The Silverstone Corporate Center did not anticipate ownership of the newly acquired parcel, 2. They placed the access point (a public street) in a safer location than if they had not been approved with this request and 3. The applicant did not request direct access to Eagle Road when a formal application was filed for the newly acquired parcel (Silverstone II) with the City of Meridian or the District. On January 9, 2002, the Commission formally acted on Silverstone II, the newly acquired parcel. Silverstone II did not request a new access point to Eagle Road. Rather, they subdivided the 7.83 acre site into 31 -lot commercial subdivision and took access from the fourth access point that was approved on November 7, 2001. E. The formal application that was submitted to the City of Meridian and the District showed three access points on Eagle Road. Since the District received the formal submittal, the applicant has requested a fourth access point located on Eagle Road approximately 1,150 -feet south of Overland Road. On January 16, 2002, the Commission formally acted on the Eldorado Business Campus and granted the fourth access point to Eagle Road. This access point was proposed to be a driveway located on Eagle Road approximately 1,150 -feet south of Overland Road. The following report reflects the Commissions formal action. F. The applicant hired Earth Tech Traffic Engineering to perform a traffic analysis of this site. The analysis has identified the following conclusions, and this information has been verified by District staff: ■ The proposed development is projected to generate an average daily traffic (ADT) of 8262 vehicles per day (vpd), of which the PM peak hour traffic (PHT) is 1085 vehicles per hour (vph). ■ At build -out, the project will add 5,420 vehicles per day to Eagle Road north of the site, of these trips 727 will take the westbound I-84 ramp, 2,148 will travel eastbound on I-84, and the remaining 2,545 will continue to the north. An additional 942 vehicles per day will travel south Eldoradoxmm Page 4 of the site on Eagle Road. The project will also add 1,182 vehicles per day to Overland Road east of the site and 727 vehicles per day on Overland Road west of the site. ■ The intersection of Eagle Road and Overland Road is currently operating at Level Of Service (LOS) F. It will operate at a LOS F under background conditions with or without the site traffic. This Development should be required to participate in improvements to this intersection to bring it up to an acceptable level of service. ■ The intersection of Eagle Road and the Eastbound and Westbound off ramps of I-84 will function at an acceptable LOS with the addition of the site traffic. This assumes that the proposed signal in the Eastbound off -ramp is constructed by ITD. ■ The intersection of Eagle Road and Franklin Road will operate at LOS F with or without the project. Improvements to this intersection will require additional right-of-way and coordination with the other projects. Since the majority of the traffic will becoming from other growth in the area, widening of this intersection should be considered by ACHD and ITD. ■ The intersection of Overland Road and Meridian Road will operate at LOS F with or without the project. Additional lanes are required to make this intersection operate at an acceptable LOS D. This intersection is within the limits of a proposed project by ACRD. The site traffic should be. included in the planning of the ACHD improvement project. ■ The intersection of Overland Road and Cloverdale Road will operate at LOS E under background traffic. This site traffic will reduce the operation to LOS F. Additional lanes are required to make this intersection operate at an acceptable LOS E. This area will probably see development in the coming years. ■ The intersection of Eagle Road and Victory Road will operate at LOS D under background traffic. The intersection operation will reduce to LOS F with the addition of site traffic. Adding a southbound left turn lane to this intersection would increase the operation to an acceptable LOS C. ■ Eagle Road south of the project will operate at an acceptable level of service after build out of the project. The site should contribute right -or -way for future roadway expansion. Since Eagle Road is on a section line, it is assumed that the future roadway will be a five -lane road. ■ Eagle Road north of the site will operate at an acceptable level of service after build out of the proj ect. ■ Overland Road west of Eagle Road will operate at an acceptable level of service for a three -lane road. A three -lane road is proposed to be built by ACHD on this section of roadway. ■ Overland Road east of Eagle Toad will operate at a poor level of service after build out of the project. The Silverstone Corporate Center Traffic Impact Study suggests that right-of-way should be dedicated for a five -lane future roadway. ■ The project should be required to construct a signal at the south main entrance to the site on Eagle Road. ■ The on-site roadways will operate above LOS C. ■ The signalized entrance to El Dorado, along Eagle Road, will operate at a LOS C. ■ The north unsignalized entrance, along Eagle Road, will operate at a LOS E. ■ The south-unsignalized entrance, along Eagle Road, will operate at a LOS C. ■ The west unsignalized entrance along Overland Road will operate at a LOS C. ■ The middle unsignalized entrance, along Overland Road, will operate at a LOS C. Eldoradoxnim Page 5 ■ The east unsignalized entrance, along Overland Road, will operate at a LOS B. ■ The signalized entrance to El Dorado along Eagle Road will operate at a LOS C. Pending projects assumed to be built by build -out and included in the analysis. ■ Locust Grove Overpass, and associated projects (RD157, RD157B, F201-01, F201-0113). These projects are all either unfunded or pending and are not scheduled to begin acquiring R/W until at least 2004 for the overpass. Overland Rd, Eagle Rd/Cloverdale Rd (RD072) — Reconstruct and widen to 5 -lane urban section. (unfunded) Overland Rd, Locust Grove Rd/Eagle Rd (RD266) — 4/5 -lane rural section. (2005) Project not included in the traffic analysis that will affect the impact area. ■ Project RD201-02, on Cloverdale Road between Overland Road and the I-84 overpass. This project includes widening the overpass to three lanes and will also include intersection work at Cloverdale and Overland that will widen all four approaches to a 5 -lane rural section. This intersection. This project is scheduled to begin in Oct. 2002 and be completed by Summer 2003. G. The applicant should be required to 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 H. The applicant should be required to 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 I. District policy 7204.7.3 states that access points on arterials are based on the following: v One access point for less than 150 -feet of frontage •A Two access points for 150 -600 -feet of frontage ❖ Three access points for greater than 600 -feet of frontage. Access points are considered to be both public streets and driveways. Due to the fact that this parcel has approximately 1,300 feet of frontage, they are allowed a maximum of three access points to Overland Road. The applicant is proposing three access points on Overland Road. The access points are proposed to be located in the following locations: ♦ The applicant is proposing to construct a driveway on Overland Road approximately 240 -feet west of Eagle Road ♦ The applicant is proposing to construct a driveway on Overland Road approximately 550 -feet west of Eagle Road Eldoradoxmm Page 6 ♦ The applicant is proposing to construct a public road on Overland Road approximately 950 -feet west of Eagle Road District policy requires driveways on arterial roadways to align or offset a 150 -feet from any existing or proposed street. These Spacing requirements are illustrated in Figure 72-F5. If the driveway is proposed to be located at or near a signalized intersection, the driveway should align or offset a minimum of 440 -feet for a full access driveway or 220 -feet for a right- in/right-out driveway. These spacing requirements are illustrated in Figure 72-F3. The driveway that is proposed to be located on Overland Road approximately 240 -feet west of Eagle Road meets District policy as a right-in/right-out driveway only. Because it meets District policy, it should be approved with this application. The driveway that is proposed to be located on Overland Road approximately 550 -feet west of Eagle Road meets District policy as a full -access driveway. Because it meets District policy, it should be approved with this application. District policy 7204.11.6 restricts access to collector and arterial roadways. Due to the fact that access is restricted on collector and arterial roadways the applicant should construct the new public streets entering onto the arterial public roadway system to align or offset a minimum number of feet from any existing or proposed street. These spacing requirements are listed on in policy number 7204.11.6 and states, "the optimum spacing for collector intersections along arterials is 1,700 -feet to allow adequate signal spacing. The minimum spacing for collector intersections along arterials is 1,300 -feet." The public roadwa access point that is proposed to be located on Overland Road approximately 950 -feet west of Eagle Road is a collector roadway. This specific location does not meet District policy. Earth Tech, the applicants Traffic Engineer, states, and "the internal roadways will adequately handle projected traffic volumes at a LOS C or greater according to the Ada County Roadway Capacity Guidelines. These roads should be constructed to an ACHD standard for a collector road in a business district." Due to the fact that the District approved a similar design on the east side of Eagle Road and the applicants Traffic Engineer feels that a collector roadway is warranted with this development, District staff believes that a modification of policy 7204.11.6 is, both, warranted and justifiable. J. District policy 7204.7.3 states that access points on arterials are based on the following: ❖ One access point for less than 150 -feet of frontage ❖ Two access points for 150 -600 -feet of frontage •S Three access points for greater than 600 -feet of frontage. Access points are considered to be both public streets and driveways. Due to the fact that this parcel has approximately 1,300 feet of frontage, they are allowed a maximum of three access points to Overland Road. Eldoradoxmm Page 7 The applicant is proposing four access points on Eagle Road. The access points are proposed to be located in the following locations: ♦ The applicant is proposing to construct a public roadway on Eagle Road approximately 700 -feet south of Overland Road ♦ The applicant is proposing to construct a driveway located on Eagle Road approximately 1,150 -feet south of Overland Road. ♦ The applicant is proposing to construct a public roadwa on Eagle Road approximately 1,700 -feet south of Overland Road ♦ The applicant is proposing to construct a public roadwa on Eagle Road approximately 2,400 -feet south of Overland Road District policy 7204.11.6 restricts access to collector and arterial roadways. Due to the fact that access is restricted on collector and arterial roadways the applicant should construct the new public streets entering onto the arterial public roadway system to align or offset a minimum number of feet from any existing or proposed street. These spacing requirements are listed on in policy number 7204.11.6. The public roadway access point that is proposed to be located on Eagle Road approximately 700 -feet south of Overland Road is a collector roadway. This specific location does not meet District policy. Earth Tech, the applicants Traffic Engineer, states, "the internal roadways will adequately handle projected traffic volumes at a LOS C or greater according to the Ada County Roadway Capacity Guidelines. These roads should be constructed to an ACRD standard for a collector road in a business district." Due to the fact that the District approved a similar design on the east side of Eagle Road and the applicants Traffic Engineer feels that a collector roadway is warranted with this development, District staff believes that a modification of policy 7204.11.6 is, both, warranted and justifiable. The driveway that is proposed to be located on Eagle Road approximately 1,150 -feet south of Overland Road was approved as a modification of policy by the District Commission on January 16, 2002. The public roadway that is proposed to be located on Eagle Road approximately 1,700 -feet south of Overland Road meets District policy. Because it meets District policy, it should be approved with this application. The public roadwa access point that is proposed to be located on Eagle Road approximately 2,400 -feet south of Overland Road is a collector roadway. This specific location meets District policy and should be approved with this application. K. The applicant is proposing to construct a spine road through the site with connections at Overland Road and Eagle Road. This roadway (Copper Point Way) is proposed to align with the roadway that was approved with the Silverstone Corporate Center. Due to the volumes of traffic Eldoradoxmm Page 8 this development is expected to generate, the recommendation of the applicants Traffic Engineer, and the applicant's proposed site plan, the applicant should construct this roadway as a 46 -foot street section with curbs, gutters and sidewalks. The street should be constructed within 70 -feet of right-of-way. Parking should be restricted on the proposed street, and the applicant should submit a signage plan prior to final plat approval. L. The proposed roadway on Eagle Road located approximately 1,700 -feet south of Overland Road is proposed to align with the roadway that was approved with the Silverstone Corporate Center. Due to the volumes of traffic this development is expected to generate, the recommendation of the applicants Traffic Engineer, and the applicants proposed site plan, the applicant should construct this roadway as a 46 -foot street section with curbs, gutters and sidewalks. The street should be constructed within 70 -feet of right-of-way. Parking should be restricted on the proposed street, and the applicant should submit a signage plan prior to final plat approval. M. 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. Due to the volumes of traffic this development is expected to generate, the recommendation of the applicants Traffic Engineer, and the applicants proposed site plan, the applicant should construct this roadway as a 46 -foot street section with curbs, gutters and sidewalks. The street should be constructed within 70 -feet of right-of-way. Parking should be restricted on the proposed street, and the applicant should submit a signage plan prior to final plat approval. N. The Silverstone Corporate Center has a comparable impact on the public roadway system. The Silverstone Corporate Center was required to construct center turn lanes on Eagle Road and Overland Road. To promote consistency and mitigate traffic in the area, the applicant should be required to construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for full access driveways. O. The applicant's site plan indicates a traffic signal on Eagle Road located approximately 1/3 -mile south of Overland Road. According to the submitted traffic study that was submitted by the Eldorado Business Campus' and the Silverstone Corporate Center's traffic impact studies, at full build -out, the projects should be required to construct the signal, and the necessary site improvements associated with the signal. The Eldorado Business Campus' traffic impact study specifically addresses the proposed signalized intersection and states that the Eldorado Business Campus should construct a left turn bay at the main entrance on Eagle Road. Based on ACRD Commission action, traffic signals cannot be installed at these intersections until there is a warrant. The applicant's traffic engineer should work with ACRD Traffic Services staff to determine when the warrant is met, or is close to being met. The developer should be financially responsible for the cost of one-half of the signal due to the fact that the Silverstone Corporate Center was required to contribute the half of the signal. This applicant should enter into a three way written agreement with the District for the cost and specific location of the traffic signal. Eldorado.cmm Page 9 P. The applicant is proposing to construct several landscape islands throughout the site. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. Q. The applicant is proposing to construct a stub street to the west property line. District staff recommends that a stub street be constructed to the west property line to provide connectivity throughout the area. District policy requires temporary turnarounds at the end of stub streets that serve more than one lot, or are greater than 150 -feet in length. The applicant should be required to provide a paved temporary turnaround at the west end of the stub street with a temporary easement provided to the District. The applicant should 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. R. The turnarounds should be constructed to provide a minimum turning radius of 55 -feet. S. Any existing irrigation facilities should be relocated outside of the right-of-way. T. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. U. 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 should be borne by the developer. V. ACHD's Park & Ride Division Staff have indicated the need for a park and ride location at the applicant's site. The District requests that applicant grant the District an easement for a 10 to 12 - space Park & Ride area at this site. Commuteride staff will contact the applicant to coordinate the location of the Park & Ride area. W. In order to reduce trips to and from this development it is recommended that Tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Pat Nelson at 387-6160. X. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) 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. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and Eldorado xnun Page 10 public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, carpools, bicycle and walking enhancements). An annual survey will be required of the TMA/TMO to monitor participation in alternative transportation programs and forwarded to the ACHD Commuteride Office. Y. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service without modifications to Eagle Road and Overland Road, and the intersection. Special Recommendation to City of Meridian: 1. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Ms. Pat Nelson at 387-6160. 2. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. 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 will 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 will not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service without modifications to Eagle Road and Overland Road, and the intersection. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: Eldoradoxmm Page 11 1. 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. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACRD right-of-way. The applicant shall coordinate the dedication of right-of-way on Overland Road with District staff. 2. 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. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACRD right-of-way. The applicant shall coordinate the dedication of right-of-way on Eagle Road with District staff. 3. 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 4. Construct a 5 -foot wide detached concrete sidewalk on Overland Road located 2 -feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk Construct the proposed 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 mean to restrict this driveway to a right-in/right-out driveway only (ie raised median, internal island, etc.). 6. Construct the proposed drivewa 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. 7. Construct the proposed public roadway access point located on Overland Road approximately 950 -feet west of Eagle Road is a collector roadway. This location is granted a modification of policy and is approved with this application. 8. Construct the proposed public roadwa 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. 9. 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. Eldoradoxmm Page 12 10. 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. 11. Construct the proposed public roadwa 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. 12. 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. 13. 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. 14. Construct the proposed roadway on Eagle Road located approximately 700 -feet south of Overland Road is proposed to offset a driveway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46 -foot street section with curbs, gutters and sidewalks within 70 -feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 15. Construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for all of the full access driveways. 16. Construct a left turn bay at the main entrance on Eagle Road. 17. Enter into a three way written agreement with the District for the cost and specific location of the traffic signal on Eagle Road. 18. 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. Eldoradoxnnn Page 13 19. 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. 20. The turnarounds shall be constructed to provide a minimum turning radius of 55 -feet. 21. Any existing irrigation facilities shall be relocated outside of the right-of-way. 22. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 23. 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 24. 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. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request Eldoradoxmm Page 14 for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. 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. 5. 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. 6. 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. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 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. 8. 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. 9. 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. Eldoradoxmm Page 15 Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Commission Action: Planning and Development Staff Eldoradoxmm Page 16 February 14, 2002 William G. Berg, Jr., City Clerk RE CEIVEI� Meridian City Hall Meridian, ID 83642 FEB 15 2002 Re: El Dorado Business Campus Hearing City Of Meridian. February 19, 2002 City Clerk Office Dear Mr. Berg: We will be unable to attend the above hearing and would like to voice our objections to the most current revised layout. OBJECTION #1 Our primary objection is the use of the existing Nampa Meridian Irrigation road as the future walking path. We feel that adjustment violates the 50ft. no building zone, and does not allow enough buffer between the commercial buildings and our residential neighborhood. It appears as if the entire commercial complex has shifted approximately 30 ft. to a more southern position than initially proposed. OBJECTION #2 With this southerly shift the road identified as Copper Point is now closer to the Ridenbaugh Canal which we feel complicates the traffic flow on Eagle Rd. and adds to the noise level for our subdivision. Again, the 50ft. no building zone is compromised. OBJECTION #3 At the last meeting we objected to the proposed walking bridge that would connect the commercial property know as the El Dorado Business Complex to our subdivision. We don't want it. We see no advantage for Thousand Springs residents to have walking traffic from the El Dorado Business Complex. Please consider the above objections that we feel will have a negative influence on our property values and desireabity. We have no objections to the complex if they will give us the buffer we need and limit the southern buildings to one story. Another revised layout with more consideration will be appreciated. Sincerely, Thomas & IN Connolly 2484 S. Hood Ranch Ave. Meridian, ID 83642 (208) 895-0890 �/ v January 14, 2002 CUP 01-037 MERIDIAN PLANNING & ZONING MEETING January 17, 2002 APPLICANT W.H. Moore Company ITEM NO. 6 REQUEST Continued Public Hearing from December 6, 2001 -- Request for a Conditional Use Permit for mixed use with office, retail, restaurant and hotel/motel for proposed EI Dorado Business Campus -- southwest cornerOverland Road and South Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: OTHER: See previous Item Packet See attached Revised Staff Report s z! / 4 Contacted:Date: i � � �;f Phone: Materials presented at public meetings shall become property of the City of Meridian. TO: EI Dorado Business Campus File From Brad Hawkins -Clark I9 Date; January 14, 2002 Rea 12-18-01 Meeting with Applicant — EI Dorado Business Campus JAN 14 2002 City Of Meridian City Clerk Office I met with Jonathan Seel and Comel Larson today to review issues in the staff report. We agreed on the following modifications, which need to be addressed with the P&Z Commission at the 1-17-02 hearing: Annexation and Zoning Comments • Pg. 5, #4, second line — "...The Development Agreement shall require that certain uses shown as conditional in the attached exhibit be approved..." • Pg. 5, #4, third line — "...The list of permitted uses shall include..." • Pg. 5, #4, last line — "...obtain a separate Conditional Use Permit, regaMless of the use prepesed unless office or flex uses are proposed." • Pg. 5, #5, last line — "...and NMID." Preliminary Plat Conditions • Pg. 7, #5 — Strike condition as it is an entirely off-site improvement and was only a recommendation from ITD, outside their jurisdiction. • Pg. 7, #6, next to last line — "All perarneter Eagle and Overland Road landscaping shall be installed prior to Certificates of Occupancy and any required fencing shall also be installed priorto issuance of the building permits." • Pg. 7, #8, second sentence — "If fencing is proposed or required by the City, Applicant shall submit..." • Pg. 8, #12 — "All of the required street buffer landscaping along Eagle and Overland Roads shall be installed..." • We also discussed Item #4 at length. The Applicant is strongly opposed to providing a second stub street to the west. We did not resolve this issue. 1 HUB OF TRMURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corcia���� �� ������� (208j 288-2499 • Fax 288.2501 WORKS CITY COU CIL MEMBERS 33 EAST IDAHO PUBLIC BUILDING DEPARTMENT Ron Anderson (203) 857-2211 •Fax 337-1297 Keith laird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-1433 - FAX (208) 8874813 PLANNING AND ZONING City Clerk Office Fax (208) 888-4218 DEPARTMENT Cherie McCandless (203) 884-5533 - FAX 383-6854 MEMORANDUM: January 14, 2002 To: Planning & Zoning Commission From: Brad Hawkins -Clark, Planner /I ,AL Re: Amended Comments for El Dorado Business Campus (File #PP -01-020 and #CUP -01-037) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: At your 12-6-01 hearing, the subject project (which has three associated applications) was continued at the request of the Applicant, W.H. Moore Company, to allow them additional time to meet with residents of the Thousand Springs neighborhood and address other design issues. This memo (and the attached 12-19-01 memo) amends certain proposed conditions of staff's original 12-4-01 report. Should the Commission agree, Staff recommends you incorporate this memo with the attached 12- 19-01 memo into any final motion to accurately amend the 12-4-01 staff report. Preliminary Plat Site Specific Conditions • Pg. 7, #3 — Delete. (Staff agreed to the deletion of this condition because the 27,000 s.f of open space provided by this plaza has been relocated to the south end of the project where a pedestrian pathway will be constructed within a 20-30 foot wide open space corridor.) Conditional Use Permit Site Specific Conditions Pg. 11, #1— On 1-8-02, staff (including Parks Director Tom Kuntz) met with the Applicant to discuss the design and location of the public pathway along the Ridenbaugh Canal. We agreed to the following additions to this condition: a. A minimum 10 -foot wide hard surface pathway shall be constructed by the Applicant; b. The pathway shall be constructed either within a permanent pedestrian easement in favor of the City of Meridian or within a separate common lot that is deeded to the City of Meridian; c. Said pedestrian easement or common lot shall connect to the public sidewalk adjacent to Eagle Road in the general area of the southeast corner of Lot 1, Block 1 and meander due west and terminate at the west subdivision boundary. The easement or common lot shall be at least 20 feet wide at its narrowest point and be 30 feet wide where building locations and topography will allow; d. A minimum 5 -foot wide strip of landscaping or natural vegetation that creates a durable groundcover shall be provided between the fence and the south edge of pathway. Said El Dorado Business Campus PP -01-020, CUP -01-037 Planning & Zoning Commi )n January 14, 2002 Page 2 vegetation may be provided either within the pedestrian easement or within NMID's easement; e. No solid fencing will be permitted on the north side of the pathway, between the buildings and the pathway, except as otherwise agreed upon in writing by the City; f. An open -vision fence shall be constructed on the south side of the pathway and north of the irrigation maintenance road, as close to the top of bank as will be permitted by the Nampa Meridian Irrigation District; g. The pathway and associated landscaping shall be improved prior to the first Certificate of Occupancy being issued south of Goldstone Way or by the opening of the future city park west of El Dorado Business Campus Subdivision, whichever comes first. • Pg. 11, #2 — Delete. (Agreement was reached that pathway will connect directly to Eagle Road and not jog north into the project interior.) EI Dorado Business Campus PP -01-020, CUP -01-037 December 3, 2001 MERIDIAN PLANNING & ZONING MEETING December 6, 2001 CUP 01-037 APPLICANT W.H. Moore Company ITEM NO. 12 REQUEST Public Hearing -- Request for a Conditional Use Permit for mixed use with office, retail, restaurant and hotel/motel for proposed EI Dorado Business Campus -- southwest corner of East Overland Road and South Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: COMMENTS "No Remarks" "No Comment"" F . See attached Comments See attached Comments INTERMOUNTAIN GAS: OTHER: See attached letter from Winston Moore Contacted:Dat ,_ , t ' hone: Date: P Materials presented at public meetings shall become property of the City of Meridian. NUYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bud Tammy de\ceerd Cherie McCandless MEMORANDUM: HUB OF SURE VALLEY A Good Place to Live CITY ®F N EPMLAN 33 EAST IDAHO iVIERIDIAN, MiMO 83642 (208) 888-4433 • Fia (208) 887-4813 City Clerk Office Fu (208) 888-4218 L�ecexnbe� �o, 20 i� em NG, ICS, l 1, I2 December 4, 2001 To: Mayor, City Council and Planning & Zoning Commission REuh1w-r-', From: Brad Hawkins -Clark, Planner ', L DEC 0 4 2001 Bruce Freckleton, Senior Engineering Tech J4City Of IVleridian. Re: El Dorado Business Campus City Clerk Office • Annexation of 85.36 Acres and a Re -zone Request for the Property's Zoning Designation to be Changed from RUT (County) to C -C and C -G Upon Annexation, by the W. H. Moore Company (File No. AZ -01-018). • Preliminary Plat Approval of 32 Building Lots and 17 "Other" Lots on 85.36 Acres in a Proposed C -C and C -G Zone, by the W.H. Moore Company (File No. PP -01-020) • A Conditional Use Permit for a Planned Development, Consisting of a Mix of Uses, such as Office, Retail, Restaurants, and Hotels/Motels, By The W.H. Moore Company (File No. CUP 01-037). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARY The Applicant, the W.H. Moore Company, has applied for Annexation, Rezoning, Preliminary Plat and Conditional Use Permit approval of an 85.36 -acre parcel of land, located on the southwest corner of Overland and Eagle Road. The requested zoning designation for the property is C -C (northeast section) and C -G (northwest and south section). The Applicant's preliminary plat request, if approved, will split the property into 32 building lots and 17 other lots. The Applicant proposes to develop the property in a complimentary fashion to Silverstone Corporate Center on the east side of Eagle Road, with a mix of uses such as office, retail, food, flex space and hotel/motel uses. They are requesting conceptual approval of the entire 80 -acre project and, subsequent to final platting and standard approvals, be allowed to construct each lot with a Certificate of Zoning Compliance and building permit (with no CUPs). The Applicant has requested that a large number of land uses governed by the Zoning Schedule of Use Control (Ordinance 11-8-1) be developed within the El Dorado Business Campus as permitted uses, AZA l -0I8, PP -01.20, CUP01-037 El doredo SUbdivlaion Planning & Zoning Comm December 4, 2001 Page 2 sion/Mayor & City Council outlined as such in a Development Agreement. A complete list of the requested uses is attached to the original application. The Applicant has further requested that Building #1, an office building located in the northwest corner of the site on Overland Road, be allowed a building permit for his first building prior to the plat being recorded based on the right of one building permit per legal parcel. This request is addressed below PROPERTY OWNERSHIP The owner of record of the subject parcel is James F. Griffin. Mr. Griffin has provided notarized consent for W.H. Moore Co. to process all three applications. LOCATION The property is located approximately 1/8 of a mile south of the I-84/Eagle Road interchange, at the southwest corner of Eagle and Overland Road. SURROUNDING PROPERTIES North: Large rural residential, zoned R-1 (County) and RUT (County). South: Thousand Springs Subdivision, zoned R-4. East: Silverstone Corporate Center, zoned C -C and C -G. West: Transitional rural property, zoned RUT (County). ANNEXATION & ZQNING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by staff. "A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds that the requested zoning designations, C -C and C -G, are harmonious with and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map, which designates the land to be Mixed/Planned Development. B. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; AZ -01-018, PP —01.020, CIDP -01-037 El Dorado SLbdiviaiorLAZ.PP.CUP.DOC Planning & Zoning Com. sion/Mayor & City Council December 4a 2601 Page 3 The general vicinity is experiencing urban type development. Resolution Business Park, Thousand Springs Subdivision, St. Luke's expansion and Silverstone Center have all been approved within a half mile of this project. Staff finds the rezoning of this parcel to be in accordance with said land use changes. C. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the Commission and Council should review the Applicant's list of proposed uses (Exhibit A) and determine if all the requested uses would be harmonious with the adjacent residential subdivision to the south. Staff recommends restricting certain proposed future uses on the lots immediately north of the Ridenbaugh (see conditions below). Staff finds the proposed uses should be harmonious and appropriate with all other existing and/or proposed adjacent uses. D. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council shall rely on public testimony to determine whether or not he proposed uses will be disturbing or hazardous to the neighboring residential uses. Staff finds that a majority of the requested uses will not be hazardous to the existing residential subdivision to the south. However, some uses may be disturbing to the residential use by means of noise, glare, and traffic generated by the proposed commercial uses. E. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Staff finds that additional roadway improvements will be required to handle the additional traffic generated by this development. ACHD and the Applicant are working together to determine the extent of the required improvements. All other public services and facilities appear to be adequate to service this property. F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that this development will not cause excessive additional requirements at public cost. We also find that the annexation and zoning alone will not be AM1-016, PP -01-020, CUP -01.037 El Dorado Subdivision.AURCURDOC Planning & Zoning Com. sion/Mayor & City Council December 4, 2001 Page 4 detrimental to the community's economic welfare. Special attention should be paid by the Applicant, City and the owners of Silverstone Center to ensure that a glut of office and/or commercial building shell space is not created by these two developments which, in turn, could cause economic hardship should supply super - exceed demand for an extended period of time. (Also, refer to the "Point of Consideration" section below for further discussion on this finding.) G. Will the proposed uses not involve uses, activities, 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; Staff finds that all of the proposed permitted uses for El Dorado (see exhibit with application form), with the exception of Major Utility Facilities, will not involve uses, activities, processes, materials, equipment or conditions that will be detrimental. Depending upon the design and type of utility facility, such a use has the potential to be detrimental to the Thousand Springs residents. If this proposed permitted use is moved to a Conditional Use requirement, Staff finds in favor of this item. H. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed uses will impact the level and flow of traffic on the surrounding streets. Given the wide variety of proposed uses and the wide range of potential trip generations, it is difficult to effectively estimate vehicular impacts of this project at build -out. It appears that approaches to the property will be appropriately designed and not create an interference beyond normal expectations for a development of this size. 1. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and re -zone. I Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" Staff finds that the annexation of this property would be in the best interest of the City. AZ -01-0I8, PP -01-020, CUP -01.037 El Dorado Subdivision.AURCUP.DOC Planning & Zoning Coni: December 4, 2001 Page 5 sion/Mayor & City Council Point of Consideration & Discussion for Commission & City Council One outcome of the Meridian Downtown Development Committee's work earlier this year was the establishment of a so-called "Resource Area" around the Central Valley Corporate Park and E. I' Street corridor north into downtown. The City Council formally adopted boundaries for a district that is intended to be a priority re -development and commercial enterprise zone. Development in the Resource Area is to help fund, through a Tax Increment Financing scheme, re -development of Old Town Meridian. Staff understands that one purpose of this area, in combination with Old Town, is to serve as a commercial, professional office, and entertainment destination area for the city. When combined with Silverstone Corporate Center, approval of the El Dorado Campus will create a 170 -acre "hub" of commerce, office, entertainment and other destination -type activities in Meridian. Based on approved and submitted concept plans for both Silverstone and El Dorado, there will be an estimated 1.58 million s.f. of commercial, retail and office building space (856,000 s.f. for Silverstone and 725,000 s.f. for El Dorado). Depending upon the build -out uses in both developments, the large scope of this Overland/Eagle area (Silverstone and El Dorado combined) could draw customers and services away from Old Town. This may detract from the original purpose of creating the downtown resource area and "water down" the affects of future Old Town re -development and activity. ANNEXATION AND ZONING COMMENTS The legal description submitted with the application appears to meet the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. If the legal description is not accurate, a new legal description will need to be submitted. 2. The requested zoning of C -C and C -G is compatible with City Comprehensive Plan. 3. The subject property is within the Urban Service Planning Area. Essential City services are available to the subject property. 4. 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 be approved though the Conditional Use Permit process. The list of uses shall include all those listed in the exhibit submitted with the application, with any modifications made by Commission and/or Council. Development of the properties adjacent to the Thousand Springs Subdivision shall be required to obtain a separate Conditional Use Permit, regardless of the use proposed. 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 (see 11-28 letter from Mr. Tom Kuntz). AZ -01.018, PP —01-020, CUP -01.037 91 Dmdo Subdivision.AZPP.CUP.DOC Planning & Zoning Cont _ssion/Mayor & City Council December 4, 2001 Page 6 PRELIMINARY PLAT FINDINGS AND REOUIREMENTS Sections 12-3-3 J.2, and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision the Commission/Council shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds the subdivision to be in conformance with the Comprehensive Plan. b. The availability of public services to accommodate the proposed development; Staff finds that public services are readily available to the lots within the proposed subdivision, provided changes as may be required by the Public Works and Building Departments are made. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision is in conformance with and will not negatively impact the capital improvement funds. d. The public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for supporting services. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there will not be any other health, safety or environmental problems associated with this subdivision that should be brought to the Council Or Commission's attention. SITE SPECIFIC COMMENTS 1. Sanitary sewer and water service to this site shall be via existing and new service lines from the existing mains adjacent to the property. The applicant will be responsible to construct lateral sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Water and Sewer mains will not be allowed within landscape areas or beneath landscape islands. The applicant shall be subject to latecomers fees to reimburse the parties responsible for bringing service into the area. Payment of the latecomer's fee is required prior to signature on the final plat map by the City Engineer. AZ -01-0I8, PP -01-020, CUP -0I-037 P1 Dondo SubdivisionAZ.PMURDOC Planning & Zoning Comi. sion/Mayor & City Council December 4, 2001 Page 7 2. The sidewalks shall be detached along Eagle Road and Overland Road and a minimum 5 - foot wide landscaped parkway shall be installed between the curb and sidewalk in accordance with the adopted Landscape Ordinance. A 5 -foot wide sidewalk shall also be required along all public streets on the interior of the subdivision. [Special Note to P&Z Commission and Council: Both W.H. Moore Company and the developers of Silverstone Corporate Center have proposed to construct curb, gutter and sidewalk for the full half -mile stretch along both sides of Eagle Road south of Overland. In return, they are requesting an off -set to their impact fees. However, to date, ACHD has not been supportive of allowing the curb and gutter installation. P&Z and Public Works staff supports the developers' request and believe the curb and gutter improvements should be made at the time of subdivision development, assuming the ultimate right-of- way line is firm.] 3. The proposed "Outdoor Plaza" located on the western property line (adjacent to building #10) shall be moved east so that it lies adjacent to King Salmon Way to provide greater central access to the open space. A revised Preliminary Plat showing this relocation must be submitted at least ten (10) days prior to the City Council hearing. 4. Tarpon Way shall be extended to the subdivision's west boundary as a public street stub. Said stub will provide connectivity to the existing stub in Resolution Business Park upon future development of the parcels between El Dorado and Resolution. Said stub will also break-up the length of Block 3, which currently exceeds City Ordinance. A revised Preliminary Plat including an extension of Tarpon Way must be submitted at least ten (10) days prior to the City Council hearing. 5. Per the 10-23-01 letter from Dan Coonce, ITD District Traffic Engineer, the developer shall be required to install signal interconnect conduit from the Overland Road/Eagle Road intersection along Eagle Road to the signalized intersection at the West Bound I-84 Ramp Terminal. 6. The Applicant has requested that a single building permit for Building #1 (see CUP Site Plan) be granted for the legal parcel prior to the Final Plat being recorded. Staff supports this request if adequate fire flow and pressure is present prior to the commissioning of the new City well currently being built in the Silverstone Project, and that a condition shall be that a Certificate of Zoning Compliance may not be applied for prior to the formal Annexation ordinance being adopted. All perimeter landscaping and any required fencing shall also be installed prior to issuance of the building permit. 7. The submitted conceptual landscape plan for the Overland and Eagle Road street buffers is approved. All subdivision perimeter landscaping shall be installed or 110% surety amount and bids submitted for required landscaping prior to City signature of the Final Plat. 8. No fencing details were submitted with the application. Applicant shall submit detailed fencing plans with the Final Plat application and shall discuss conceptual fencing plans at AZ -01-018, PP -01-020, CUP -01-037 El Dondo Subdivision.AZ PP.CUP.DOC Planning & Zoning Comil sion/Mayor & City Council December 4, 2001 Page 8 the P&Z Commission hearing. In lieu of permanent fencing, temporary construction fencing must be installed during construction on any lot to contain construction debris. 9. A detailed irrigation plan including performance specifications shall be submitted as part of the required landscaping plan for the final plat. A letter of credit or cash in the amount of 110% will be required for these improvements prior to signature on the final plat. 10. Applicant has indicated that the pressurized irrigation system within this development is to remain private. The applicant shall be required to provide a backup source to the pressurized irrigation system. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 11. If a well or surface source is not available, a single -point connection to the City of Meridian's domestic water system will be allowed for the development. In the event that domestic water is used as a backup source, common areas within the development will be subject to City of Meridian water assessments. Payment of water assessment fees for the common areas is required prior to city signatures on the final plat map 12. All of the required street buffer landscaping shall be installed prior to the issuance of a Certificate of Occupancy for any building on any lot created by the subdivision. 13. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 14. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication, "Catalog of Storm Water Best Management Practices for Idaho Cities and Counties" and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells on the final plat. GENERAL COMMENTS 1. 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. AZ -01-018, PP -01-020, CUP•01.037 El Dorado SubMiaion.AURCUP.DOC Planning & Zoning Comt. sion/Mayor & City Council December 4, 2001 Page 9 2. Please submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, lot and block numbering. Make any corrections necessary to conform. 3. Assessment fees for water and sewer service are determined during the building plan review process. 4. Coordinate fire hydrant placement with the City of Meridian Public Works Department. STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking landscaping and other features as may be required by this ordinance; Staff finds that the subject property is large enough to accommodate the requested use and all other required features. 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; The current Comprehensive Plan Land Use Map designates the property as "Mixed Planned Development". The proposed'uses are not prohibited within said designation and should be considered harmonious with and in accordance with the Comprehensive Plan. The proposed use is considered a permitted use (MCC Title 11-8-1), and if it is developed according to the Development Agreement, the uses will be harmonious with the Meridian City Zoning 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; Staff finds that the proposed development will not change the essential character of the general vicinity and will be harmonious with the intended character of the same area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; AZ -01-018, PP -01-020, CUP -01.037 El Dorado Subdiviaion. PP.CUP.DOC Planning & Zoning Comn �ion/Mayor & City Council December 4, 2001 Page 10 Staff finds that the proposed use would not adversely affect other properties in the general vicinity, as long as appropriate buffering and compatible uses are constructed at the south end of the project adjacent to residential uses. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Staff finds that the proposed development will be adequately served by the essential public facilities and services listed above. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. (See the "Point of Discussion" paragraph under the Annexation section above for further discussion of this item.) 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets as long as ACRD requirements are met and all approaches and traffic control measures are installed. L 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. Staff does not find that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. AZ -01.016, PP -01-020, CUP -01-037 EI Dorado Subdiviaion.AZ.PP.CURDOC Planning & Zoning Comi. December 4, 2001 Page 11 sion/Mayor & City Council Site Specific Conditions — Conditional Use Permit A multi use pathway shall be constructed along the Ridenbaugh Canal. The Applicant shall work with the Parks Department to determine the location, dedication, maintenance, surfacing, landscaping, and other improvements associated with a Multi -use pathway. Ten copies of a revised site plan indicating the location, width, landscaping and associated improvements of the pathway(s) shall be submitted at least ten days prior to the City Council hearing. 2. Per Mr. Tom Kuntz's recommendation, Applicant shall install a six-foot wide pedestrian walkway between Lots 2 and 3, Block 1 (or another north -south location as deemed appropriate by the Applicant and the City of Meridian), to connect Copper Pointe Way to the Ridenbaugh Canal pathway. 3. Buildings located on the properties adjacent to the Thousand Springs Subdivision (south property line) shall be restricted to a maximum of 35' feet in height (as opposed to 40'). 4. Bicycle racks shall be installed at all buildings used for office and retail use within the El - Dorado Subdivision. The applicant shall be responsible for reserving or dedicating an area within the development to be used for a future bus stop. Applicant shall coordinate the timing, size and location of the bus stop with the VIATrans staff and submit a letter to the P&Z Department prior to final approval of the perimeter landscaping plan. 6. The proposed internal jogging path crosses through several parking lots within the subdivision. The pathway has been designed to cross though the parking lots by placing the pathway within the parking medians. The applicant shall provide a conceptual drawing of the pathways that are to be located within the medians. The design must incorporate the required landscaping, the jogging path and other buffers, as needed, to eliminate vehicle overhang from interfering with the pathway. The drawing shall be submitted 10 days prior to the City Council hearing. GENERAL COMMENTS 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. AU 1-018, PP -01.020, CUP -01.037 EI Domdo SubdividiolLAZ.PP.CUP.DDC Planning & Zoning Comr:ion/Mayor & City Council December 4, 2001 Page 12 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. COMPREHENSIVE PLAN ANALYSIS The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this application. The following sections most directly apply to the proposed project and are repeated here for the Council and Commission's consideration during the hearing process. Goal 3 is "to encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services, and its open space character." Economic Development 1.1 The City of Meridian shall make every effort to create a positive atmosphere that encourages... commercial enterprises to locate in Meridian. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. RECOMMENDATION Staff supports the annexation and rezone, CUP and Preliminary Plat of this property with the above conditions. AZ -01-018, PP -01-020, CUP -01-037 81 Domdo Subdivision.AZ.PP.CURDOC MAYOR Robert D. Corrie MY COUNCIL MEMBERS Ron Anderson Keith Bird Tamnry deWeerd Cherie McCandless MEMORANDUM: HUB OF TIE4SURE VALLE, Y A Good Place to Live CITY of MERIDIAN 33 EAST IDAHO MERIDIAN, BDM-10 836,42 (208) 888-4433 - FAX (208) 887-4813 City Clerk Office Fax (208) 8884218 To: Mayor, City Council and Planning & Zoning Commission From: Brad Hawkins -Clark, Planner '_ cL Bruce Freckleton, Senior Engineering Tech„ Re: El Dorado Business Campus LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT' (208) 887-1.311 • Fax 887-1297 PLANNING AND ZONING DEPARTIVIENI' (208) 884-5533 • FAX 888-6854 December 4, 2001 • Annexation of 85.36 Acres and a Re -zone Request for the Property's Zoning Designation to be Changed from RUT (County) to C -C and C -G Upon Annexation, by the W. H. Moore Company (File No. AZ -01-018). • Preliminary Plat Approval of 32 Building Lots and 17 "Other" Lots on 85.36 Acres in a Proposed C -C and C -G Zone, by the W.H. Moore Company (File No. PP -01-020) • A Conditional Use Permit for a Planned Development, Consisting of a Mix of Uses, such as Office, Retail, Restaurants, and Hotels/Motels, By The W.H. Moore Company (File No. CUP 01-037). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARY The Applicant, the W.H. Moore Company, has applied for Annexation, Rezoning, Preliminary Plat and Conditional Use Permit approval of an 85.36 -acre parcel of land, located on the southwest corner of Overland and Eagle Road. The requested zoning designation for the property is C -C (northeast section) and C -G (northwest and south section). The Applicant's preliminary plat request, if approved, will split the property into 32 building lots and 17 other lots. The Applicant proposes to develop the property in a complimentary fashion to Silverstone Corporate Center on the east side of Eagle Road, with a mix of uses such as office, retail, food, flex space and hotel/motel uses. They are requesting conceptual approval of the entire 80 -acre project and, subsequent to final platting and standard approvals, be allowed to construct each lot with a Certificate of Zoning Compliance and building permit (with no CUPs). The Applicant has requested that a large number of land uses governed by the Zoning Schedule of Use Control (Ordinance 11-8-1) be developed within the El Dorado Business Campus as permitted uses, AZ -01-018, PP -01.20, CUPO1-037 El dondo Subdivision Planning & Zoning Comr December 4, 2001 Page 2 .ion/Mayor & City Council outlined as such in a Development Agreement. A complete list of the requested uses is attached to the original application. The Applicant has further requested that Building #l, an office building located in the northwest corner of the site on Overland Road, be allowed a building permit for his first building prior to the plat being recorded based on the right of one building permit per legal parcel. This request is addressed below PROPERTY OWNERSHIP The owner of record of the subject parcel is James F. Griffin. Mr. Griffin has provided notarized consent for W.H. Moore Co. to process all three applications. LOCATION The property is located approximately 1/8 of a mile south of the I-84/Eagle Road interchange, at the southwest corner of Eagle and Overland Road. SURROUNDING PROPERTIES North: Large rural residential, zoned R-1 (County) and RUT (County). South: Thousand Springs Subdivision, zoned R-4. East: Silverstone Corporate Center, zoned C -C and C -G. West: Transitional rural property, zoned RUT (County). ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by staff: "A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds that the requested zoning designations, C -C and C -G, are harmonious with and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map, which designates the land to be Mixed/Planned Development. B. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; AZ -01-018, PP -01.020, CUP -01.037 El Dorado Subdi Won.AZ PP.CURDOC Planning & Zoning Comn, December 4, 2001 Page 3 ion/Mayor & City Council The general vicinity is experiencing urban type development. Resolution Business Park, Thousand Springs Subdivision, St. Luke's expansion and Silverstone Center have all been approved within a half mile of this project. Staff finds the rezoning of this parcel to be in accordance with said land use changes. C. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the Commission and Council should review the Applicant's list of proposed uses (Exhibit A) and determine if all the requested uses would be harmonious with the adjacent residential subdivision to the south. Staff recommends restricting certain proposed future uses on the lots immediately north of the Ridenbaugh (see conditions below). Staff finds the proposed uses should be harmonious and appropriate with all other existing and/or proposed adjacent uses. D. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council shall rely on public testimony to determine whether or not he proposed uses will be disturbing or hazardous to the neighboring residential uses. Staff finds that a majority of the requested uses will not be hazardous to the existing residential subdivision to the south. However, some uses may be disturbing to the residential use by means of noise, glare, and traffic generated by the proposed commercial uses.. E. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Staff finds that additional roadway improvements will be required to handle the additional traffic generated by this development. ACHD and the Applicant are working together to determine the extent of the required improvements. All other public services and facilities appear to be adequate to service this property. F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that this development will not cause excessive additional requirements at public cost. We also find that the annexation and zoning alone will not be AZ -01-018, PP -01-020, CUP -01.037 EI Doudo Sub&viuionAZPP.CUP.DOC Planning & Zoning Comr sion/Mayor & City Council December 4, 2001 Page 4 detrimental to the community's economic welfare. Special attention should be paid by the Applicant, City and the owners of Silverstone Center to ensure that a glut of office and/or commercial building shell space is not created by these two developments which, in turn, could cause economic hardship should supply super - exceed demand for an extended period of time. (Also, refer to the "Point of Consideration" section below for further discussion on this finding.) G. Will the proposed uses not involve uses, activities, 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; Staff finds that all of the proposed permitted uses for El Dorado (see exhibit with application form), with the exception of Major Utility Facilities, will not involve uses, activities, processes, materials, equipment or conditions that will be detrimental. Depending upon the design and type of utility facility, such a use has the potential to be detrimental to the Thousand Springs residents. If this proposed permitted use is moved to a Conditional Use requirement, Staff finds in favor of this item. H. Will the area have vehicular approaches to the property, which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed uses will impact the level and flow of traffic on the surrounding streets. Given the wide variety of proposed uses and the wide range of potential trip generations, it is difficult to effectively estimate vehicular impacts of this project at build -out. It appears that approaches to the property will be appropriately designed and not create an interference beyond normal expectations for a development of this size. I. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and re -zone. J. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" Staff finds that the annexation of this property would be in the best interest of the City. AZ.01-018, PP -01-020, CUP -01.037 El Domdo Subdiv WnAURCUP.DOC Planning & Zoning Comi sion/Mayor & City Council December 4, 2001 Page 5 Point of Consideration & Discussion for Commission & City Council One outcome of the Meridian Downtown Development Committee's work earlier this year was the establishment of a so-called "Resource Area" around the Central Valley Corporate Park and E. I" Street corridor north into downtown. The City Council formally adopted boundaries for a district that is intended to be a priority re -development and commercial enterprise zone. Development in the Resource Area is to help fund, through a Tax Increment Financing scheme, re -development of Old Town Meridian. Staff understands that one purpose of this area, in combination with Old Town, is to serve as a commercial, professional office, and entertainment destination area for the city. When combined with Silverstone Corporate Center, approval of the El Dorado Campus will create a 170 -acre "hub" of commerce, office, entertainment and other destination -type activities in Meridian. Based on approved and submitted concept plans for both Silverstone and El Dorado, there will be an estimated 1.58 million s,f of commercial, retail and office building space (856,000 s.f. for Silverstone and 725,000 s.f. for El Dorado). Depending upon the build -out uses in both developments, the large scope of this Overland/Eagle area (Silverstone and El Dorado combined) could draw customers and services away from Old Town. This may detract from the original purpose of creating the downtown resource area and "water down" the affects of future Old Town re -development and activity. ANNEXATION AND ZONING COMMENTS 1. The legal description submitted with the application appears to meet the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. If the legal description is not accurate, a new legal description will need to be submitted. 2. The requested zoning of C -C and C -G is compatible with City Comprehensive Plan. 3. The subject property is within the Urban Service Planning Area. Essential City services are available to the subject property. 4. 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 be approved though the Conditional Use Permit process. The list of uses shall include all those listed in the exhibit submitted with the application, with any modifications made by Commission and/or Council. Development of the properties adjacent to the Thousand Springs Subdivision shall be required to obtain a separate Conditional Use Permit, regardless of the use proposed. 5. 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 (see 11-28 letter from Mr. Tom Kuntz). AZ -01-018, PP -01-020, CUP•01.037 M Dorado SubdiWsion.AUP.CUP.DOC Planning & Zoning Comr, ion/Mayor & City Council December 4, 2001 Page 6 PRELIMINARY PLAT FINDINGS AND REQUIREMENTS Sections 12-3-3 12. and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision the Commission/Council shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds the subdivision to be in conformance with the Comprehensive Plan. b. The availability of public services to accommodate the proposed development; Staff finds that public services are readily available to the lots within the proposed subdivision, provided changes as may be required by the Public Works and Building Departments are made. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision is in conformance with and will not negatively impact the capital improvement funds. d. The public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for supporting services. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there will not be any other health, safety or environmental problems associated with this, subdivision that should be brought to the Council Or Commission's attention. SITE SPECIFIC COMMENTS 1. Sanitary sewer and water service to this site shall be via existing and new service lines from the existing mains adjacent to the property. The applicant will be responsible to construct lateral sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Water and Sewer mains will not be allowed within landscape areas or beneath landscape islands. The applicant shall be subject to latecomers fees to reimburse the parties responsible for bringing service into the area. Payment of the latecomer's fee is required prior to signature on the final plat map by the City Engineer. AZ -01-018, PP -01-020, CUP -01.037 EI Dorado SubdiMion.AZ.PP.CUP.DOC Planning & Zoning Com sion/Mayor & City Council December 4, 2001 Page 7 2. The sidewalks shall be detached along Eagle Road and Overland Road and a minimum 5 - foot wide landscaped parkway shall be installed between the curb and sidewalk in accordance with the adopted Landscape Ordinance. A 5 -foot wide sidewalk shall also be required along all public streets on the interior of the subdivision. [Special Note to P&Z Commission and Council: Both W.H. Moore Company and the developers of Silverstone Corporate Center have proposed to construct curb, gutter and sidewalk for the full half -mile stretch along both sides of Eagle Road south of Overland. In return, they are requesting an off -set to their impact fees. However, to date, ACHD has not been supportive of allowing the curb and gutter installation. P&Z and Public Works staff supports the developers' request and believe the curb and gutter improvements should be made at the time of subdivision development, assuming the ultimate right-of- way line is firm.] 3. The proposed "Outdoor Plaza" located on the western property line (adjacent to building #10) shall be moved east so that it lies adjacent to King Salmon Way to provide greater central access to the open space. A revised Preliminary Plat showing this relocation must be submitted at least ten (10) days prior to the City Council hearing. 4. Tarpon Way shall be extended to the subdivision's west boundary as a public street stub. Said stub will provide connectivity to the existing stub in Resolution Business Park upon future development of the parcels between El Dorado and Resolution. Said stub will also break-up the length of Block 3, which currently exceeds City Ordinance. A revised Preliminary Plat including an extension of Tarpon Way must be submitted at least ten (10) days prior to the City Council hearing. Per the 10-23-01 letter from Dan Coonce, ITD District Traffic Engineer, the developer shall be required to install signal interconnect conduit from the Overland Road/Eagle Road intersection along Eagle Road to the signalized intersection at the West Bound I-84 Ramp Terminal. 6. The Applicant has requested that a single building permit for Building #1 (see CUP Site Plan) be granted for the legal parcel prior to the Final Plat being recorded. Staff supports this request if adequate fire flow and pressure is present prior to the commissioning of the new City well currently being built in the Silverstone Project, and that a condition shall be that a Certificate of Zoning Compliance may not be applied for prior to the formal Annexation ordinance being adopted. All perimeter landscaping and any required fencing shall also be installed prior to issuance of the building permit. 7. The submitted conceptual landscape plan for the Overland and Eagle Road street buffers is approved. All subdivision perimeter landscaping shall be installed or 110% surety amount and bids submitted for required landscaping prior to City signature of the Final Plat. 8. No fencing details were submitted with the application. Applicant shall submit detailed fencing plans with the Final Plat application and shall discuss conceptual fencing plans at AZ -01-018, PP -01-020, CUP -01.037 EI Domdo Subdivieion.AZPP.CUP.DOC Planning & Zoning Comi sion/Mayor & City Council December 4, 2001 Page 8 the P&Z Commission hearing. In lieu of permanent fencing, temporary construction fencing must be installed during construction on any lot to contain construction debris. 9. A detailed irrigation plan including performance specifications shall be submitted as part of the required landscaping plan for the final plat. A letter of credit or cash in the amount of 110% will be required for these improvements prior to signature on the final plat. 10. Applicant has indicated that the pressurized irrigation system within this development is to remain private. The applicant shall be required to provide a backup source to the pressurized irrigation system. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 11. If a well or surface source is not available, a single -point connection to the City of Meridian's domestic water system will be allowed for the development. In the event that domestic water is used as a backup source, common areas within the development will be subject to City of Meridian water assessments. Payment of water assessment fees for the common areas is required prior to city signatures on the final plat map 12. All of the required street buffer landscaping shall be installed prior to the issuance of a Certificate of Occupancy for any building on any lot created by the subdivision. 13. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 14. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication, "Catalog of Storm Water Best Management Practices for Idaho Cities and Counties" and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells on the final plat. GENERAL COMMENTS 1. 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. AZ -01-018, PP -01-020, CUP -01.037 El Dorello Subdhision.AURCUP.DOC Planning & Zoning Comri ion/Mayor & City Council December 4, 2001 Page 9 2. Please submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, lot and block numbering. Make any corrections necessary to conform. Assessment fees for water and sewer service are determined during the building plan review process. 4. Coordinate fire hydrant placement with the City of Meridian Public Works Department. STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3); A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking landscaping and other features as may be required by this ordinance; Staff finds that the subject property is large enough to accommodate the requested use and all other required features. 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; The current Comprehensive Plan Land Use Map designates the property as "Mixed Planned Development". The proposed uses are not prohibited within said designation and should be considered harmonious with and in accordance with the Comprehensive Plan. The proposed use is considered a permitted use (MCC Title 11-8-1), and if it is developed according to the Development Agreement, the uses will be harmonious with the Meridian City Zoning 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; Staff finds that the proposed development will not change the essential character of the general vicinity and will be harmonious with the intended character of the same area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; AZ -01-018, PP -01-020, CUP -01-037 El D=& SuMtWioq.AZPP.CUP.DOC Planning & Zoning Comp December 4, 2001 Page 10 ;sion/Mayor & City Council Staff finds that the proposed use would not adversely affect other properties in the general vicinity, as long as appropriate buffering and compatible uses are constructed at the south end of the project adjacent to residential uses. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Staff finds that the proposed development will be adequately served by the essential public facilities and services listed above. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. (See the "Point of Discussion" paragraph under the Annexation section above for further discussion of this item.) 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets as long as ACRD requirements are met and all approaches and traffic control measures are installed. L 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. Staff does not find that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. AZ -01-018, PP —01-020, CUP -01.037 M Dorado Subdivision.AZPP.CUP.DOC Planning & Zoning Comi 3ion/1%4ayor & City Council December 4, 2001 Page 11 Site Specific Conditions — Conditional Use Permit A multi use pathway shall be constructed along the Ridenbaugh Canal. The Applicant shall work with the Parks Department to determine the location, dedication, maintenance, surfacing, landscaping, and other improvements associated with a Multi -use pathway. Ten copies of a revised site plan indicating the location, width, landscaping and associated improvements of the pathway(s) shall be submitted at least ten days prior to the City Council hearing. 2. Per Mr. Tom Kuntz's recommendation, Applicant shall install a six-foot wide pedestrian walkway between Lots 2 and 3, Block 1 (or another north -south location as deemed appropriate by the Applicant and the City of Meridian), to connect Copper Pointe Way to the Ridenbaugh Canal pathway. Buildings located on the properties adjacent to the Thousand Springs Subdivision (south property line) shall be restricted to a maximum of 35' feet in height (as opposed to 40'). 4. Bicycle racks shall be installed at all buildings used for office and retail use within the El - Dorado Subdivision. The applicant shall be responsible for reserving or dedicating an area within the development to be used for a future bus stop. Applicant shall coordinate the timing, size and location of the bus stop with the VIATrans staff and submit a letter to the P&Z Department prior to final approval of the perimeter landscaping plan. 6. The proposed internal jogging path crosses through several parking lots within the subdivision. The pathway has been designed to cross though the parking lots by placing the pathway within the parking medians. The applicant shall provide a conceptual drawing of the pathways that are to be located within the medians. The design must incorporate the required landscaping, the jogging path and other buffers, as needed, to eliminate vehicle overhang from interfering with the pathway. The drawing shall be submitted 10 days prior to the City Council hearing. GENERAL COMMENTS 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. AZ -01-018, PP -01-020, CUP -01-037 Et Dondo Subdiviuion.AZ,PP.CUP.DOC Planning & Zoning Comri..sion/Mayor & City Council December 4, 2001 Page 12 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. COMPREHENSIVE PLAN ANALYSIS The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this application, The following sections most directly apply to the proposed project and are repeated here for the Council and Commission's consideration during the hearing process. Goal 3 is "to encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services, and its open space character." Economic Development 1.1 The City of Meridian shall make every effort to create a positive atmosphere that encourages... commercial enterprises to locate in Meridian. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. RECOMMENDATION Staff supports the annexation and rezone, CUP and Preliminary Plat of this property with the above conditions. A2:-01-018, FP -01-020, CUP -01-037 El Domdo Subdivision.AVRCUP.DOC W.H. MOORS C O M P A N Y Real Estate Development 600 N, STEELHEAD WAY, SUITE 144 (83704) P.O. BOX 8204 BOISE, IDAHO 83707.2204 Date: To: From: Subject: November 30, 2001 William G. Berg, Jr. City Clerk City of Meridian 33 E. Idaho Avg Meridian, ID 8: Jonathan R. Se( El Dorado Business Campus Southwest Corner of Eagle Road and Overland Road TELEPHONE (208) 323.1919 / FAX 323.7523 NOV 3 0 2001 City Of Meridian City Clerk Office Winston H. Moore is requesting the City of Meridian to please table the Planning & Zoning hearing for El Dorado Business Campus until the second P&Z meeting in January We appreciate your cooperation in this matter and sincerely regret any inconvenience this may cause Meridian staff and the Commissioners. Please call should you have any questions. , cc: Brad Hawkins -Clark, Meridian Planning & Zoning 11/16/2001 07:05 2088885052 Z' NtAl'OR j Rubors D Como CITY CO(,iNCil MEMBERS Ron Anderson Katth Bird Tammy JcWeerd Chcnc McCandless SANITARY SERVICE HUB OF TREASURE VALLEY ,'\ Gaud Place to Livc CITY OF MERIDIAN 33 EAST IDAHO yrERIDiAN, IDAHO 83642 (303) 388--W33 . Fye (209) 387.4313 Ci(v Clerk O(•tice Fye (208) 838-4213 PAGE 02 LEGAL DEP.4RTNIENT 0061 .33•2.499 , Fax 288 -?301 PUBLIC \%,'ORKS BUILDING DEPARTIvtENT (=08) 337-2211 • Fa, 387.1297 PLANNING AND ZONING DEP,gRTN,IENT ("08) 38-1.5533 • Fax 388,685.4 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Will Berg, erg, City Clerk, b • y November 29, 2001 Transmittal Date: October 18, 2001 Hearing Date: December 6, 2001 File No.; CUP 01-037 Request; Conditional Use PerM(t for mixed use with office, retail, restaurant, and hotel/ motel for ro osed I"1 Dorado Business Cam us ' By: W.H. Moore Compan Location of Property or Project: southwest comer of East Overland Road and South Ea le Road NOU 16 '01 07:04 R nf ). NOV 21-,, 20011 City Of `has -1 iasp Citi Clerk Offic,,,- 2088885052 PAGE.02 Sally Norton, P/Z (No VAR, VAc, Fp)--..Jerry Centers, P/Z (No VAR, VAC Fp) Meridlan School District (No Fp) Bill Nary, P/Z (No VAR, VAC, Fp)---.Meridian Keven Shreeve, P/Z Post Office (FPR only) Ada County Highway District (No VAR, VAC, Fp) Keith Borup, P/Z (No VAR, VAC, Fp) Community Planning Assoc. -----.Robert Come, Mayor Central District Health Ron Anderson, CIC Nampa Meridian brig. District Tammy deWeerd, C/C Settlers Irrigation District Keith Bird, C/C Idaho Power Co, (Fplpp only) Cherie McCandless, C/C U.S. West (FPMP wl) Water Department Intermountain Gas (FPIPPonly) _ Sewer Department Sanitary Service Bureau of Reclamation (Fp/Pp only) Idaho Transportation Department (No VAR, VAC, Fp) Building Department YOUr Concise Remarks (No Fp) Ada County (Annexadon only) ; Fire Department Police Department City Attorneyi�C_ Gor: City Engineer CG�o? ,v' City Planner Paries Department ^t • n PP -24 PPPFP . ze VA&VAc . aD ct4P. ae ) NOU 16 '01 07:04 R nf ). NOV 21-,, 20011 City Of `has -1 iasp Citi Clerk Offic,,,- 2088885052 PAGE.02 c(mr.CENTRAL �r DISTRICT HEALTH DEPARTMENT CENTbAL DISTRICT D&ARTMENT Conditional Use # C. Cil P O (— O ; -7 Preliminary / Final / Short Plat 1. We have No Objections to this Proposal. OLCI 2001 2. We recommend Denial of this Proposal. City of:ri City Clerk Offic6 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. 4. We will require more data concerning soil conditions on this Proposal before we can comment. 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ® high seasonal ground water ® waste flow characteristics ® or bedrock from original grade C3 other 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. El 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 3. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage ® community sewage system ® community water well ° interim sewage 4central water ® individual sewage ® individual water 9. The following plan(s) must be submitted to and approved by the Idaho.Depadment of Health & Welfare, Division of Environmental Quality: / central sewage ® community sewage system ® community water ® sewage dry lines ((central water 10. Run-off is not to create a mosquito breeding problem. 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. A 3. We wi for a for any: pools or spas C3 child care cnt C3 roGery store enter 14. a ®i t)- z&i-o^-) A6ig 4o,,nLo , Date: /0 1,2111 01 ef�� s r ,- ww r� At-6w,� e?w, o;.� s - _ Reviewed By: �i /���. CENTRAL •• DISTRICT qrhEALTH DEPARTMENT MAIN OFFICE - 707 N. ARMSTRONG Pl, • BOISE, ID 83704-0825 , (208) 375-5211 . FAX 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORM WATER MANAGEMENT RECOMMENDATIONS It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities -and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. Ada / Boise County Office 707 N. Armsrong PI. Boise, ID 83704 Enviro, Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 serving Valley, Elmore, Boise, and Ada Counties Ada -WIC Satellite Office 1606 Robert St, Boise, ID 83705 Ph. 334-3355 FAX: 334-3355 Elmore County Office 520 E. 8th Street N. Mountain Home, ID 83647 Enviro, Health: 587-9225 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Office 703 N. 1 st Street P.O. Box 1448 McCall, ID. 83638 Ph. 634-7194 FAX: 634-2174 PUBLIC HEARING SIGN-UP SHEET DATE �ec e ti, .6 / 01,00� PROJECT NUMBER /0 3 7 PROJECT NAME NAME FOR AGAINST AP -7 oke DEL "R F-1-74' (_1 NOV 2 19 2001 CRY3 Clerk Office To: Planning & Zoning Commission From: Tom Kuntz Date: November 28, 2001 Re: EI Dorado Business Campus Subdivision PP 01 — 020 The Parks Department has two recommendations regarding pathways that would impact the preliminary plat of this subdivision. 1. This parcel abuts a future eight -acre, City -owned neighborhood park adjacent to Lot 6 of Block 1. We would recommend that the developer construct a 10 - foot wide hard -surface pathway along the bottom of the bank of the Ridenbaugh Canal from Eagle Road to the future neighborhood park site. In addition to this 10 -foot hard surface, we would recommend a 20 -foot landscape buffer from the edge of the path to the north. 2. We recommend a six-foot wide pedestrian walkway between Lots 2 and 3 in Block 1 that would connect Copper Pointe Way to the proposed Ridenbaugh pathway. The six-foot wide pathway should have a five-foot landscape buffer on both sides. We would look forward to meeting with the developer to discuss these recommendations. 0 Page 1 PUBLIC HEARING SIGN-UP SHEET DATE PROJECT NUMBER C It P 01-0,37 2 PROJECT NAME NAME FOR AGAINST I N ren) /I q k � p of 2002 CENTERLINE AND ?TY BOUNDARY MEMORANDUM Date: February 21, 2002 To: Meridian Planning and Zoning Commissioners Fm: David McKinnon, Planner II Re: Flex Space/Uses Defined Dear Commissioners, j?FcBrV-Ej) FEB z 1 2ao2 F M IT The staff report for the El Dorado Subdivision references the term "Flex Use", but it does not define what flex uses are. Unfortunately, the term "Flex Use" is not defined in the Zoning Ordinance either. Without an adopted definition for the term "flex use", the term may be too vague for use in a recommendation as a condition of approval. The term "Flex" in real estate and planning circles typically refers to modern buildings with space dedicated to research/product development, or buildings in commercial or industrial settings with a high percentage of office/showroom style finish. The buildings are typically built as shells, and are finished later. For the purposes of the staff report and your recommendation to Council, you may want to define flex uses as uses that are "permitted" uses in the L -O zone, per the schedule of use control, (MCC 11-8-1). These uses include clinics, laboratories, clinics, banks and professional sales offices. By choosing this make such a recommendation, you would create a list of specific uses that would be permitted without a C.U.P,, thus eliminating any ambiguity. On the other hand, you may want to remove the word "flex" altogether from your recommendation and propose new or alternative language. Dave W.H. MOORE C O M P A N Y Real Estate Development 600 N. STEELHEAD WAY, SUITE 144 (83704) P,O. BOX 8204 BOISE, IDAHO 83707.2204 Date: February 21, 2002 To: William G. Berg, Jr. City Cleric City of Meridian From: Jonathan R. Seel Subject: El Dorado Business Campus February 19, 2002 Meridian Staff Report for: Annexation and Rezone Preliminary Plat Conditional Use Permit TELEPHONE (208) 323-19191 FAX 323.7523 C'TY OF L4, Winston Moore requests the following modifications to the February 19, 2002 staff report for El Dorado Business Campus: Preliminary Plat Site Specific Conditions Item 18 ...Replace the entire paragraph with "Applicant shall modify the Preliminary Plat and its legend to identify and label the boundaries of the multi -use pathway easement required below in the CUP site specific conditions. Submit a revised Preliminary Plat at least 10 days prior to the.City Council hearing. Conditional Use Permit Site Specific Conditions Item 1 (c) ... Replace the last sentence with "The easement or common lot shall be at least 20 feet wide at its narrowest point and 30 feet wide where building locations and topography will allow, and may, to the extent permitted by NMID, encroach upon that part of the Ridenbaugh Canal 100 feet right-of-way lying north of the canal maintenance road." • Conditional Use Permit Site Specific Conditions Item 1 (g) ... In the second sentence change Goldstone Way to Copper Point Way. It was previously agreed between Applicant and the City that this condition will apply to buildings south of Copper Point Way and not to Goldstone Way. We believe this was simply an over site on the part of staff. W.H. MOORE .9-1C_ O M P A N Y Real Estate Development 600 N, STEELHEAD WAY, SUITE 144 (83704) P.O. BOX 8204 BOISE, IDAHO 83707-2204 Date: February 21, 2002 To: William G. Berg, Jr. City,Clerlc City of Meridian From: Jonathan R. Seel Subject: El Dorado Business Campus February 19, 2002 Meridian Staff Report for: Annexation and Rezone Preliminary Plat Conditional Use Permit TELEPHONE (208) 323.1919 / FAX 323.7623 Winston Moore requests the following modifications to the February 19, 2002 staff report for El Dorado Business Campus: • Preliminary Plat Site Specific Conditions Item 18 ...Replace the entire paragraph with "Applicant shall modify the Preliminary Plat and its legend to identify and label the boundaries of the multi -use pathway easement required below in the CUP site specific conditions. Submit a revised Preliminary Plat at least 10 days prior to the City Council hearing. Conditional Use Permit Site Specific Conditions Item 1 (c) ... Replace the last sentence with "The easement or common lot shall be at least 20 feet wide at its narrowest point and 30 feet wide where building locations and topography will allow, and may, to the extent permitted by NMID, encroach upon that part of the Ridenbaugh Canal 100 feet right-of-way lying north of the canal maintenance road." Conditional Use Permit Site Specific Conditions Item 1 (g) ... In the second sentence change Goldstone Way to Copper Point Way. It was previously agreed between Applicant and the City that this condition will apply to buildings south of Copper Point Way and not to Goldstone Way. We believe this was simply an over site on the part. of staff. Theldaho Statesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISINr. PROOF: ng: D1 101 1t+A,-1r%Ki Account # DTIV Identification Amount: 064514 562969 NOTICE OF HEARING $90.36 Ordered by: P.O. N Rate Run Dates TARA NT NOVEMBER 16, 30, 2001 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO AVE. 56 MERIDIAN, ID 83642 Affidavit Legal # 1 12072 JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal LEGAL NOTICE NOTICE OF HEARINClerk of The Idaho Statesman, a daily newspaper printed and published at G`;' �y N IS HEREBY GNEN pursuant to the''• Boise, Ada County, State of Idaho and having a general circulation therein, and Ordinances of the City of Meridian and the" Laws of, the State of Idaho that the Planning" which said newspaper has been continuously and uninterruptedly published in and Zoning Commission of the City of Merid said County during a period of twelve consecutive months prior to the first ion will hold a public hearing at the Meridian„„- �dittyy hall, 33 East Idaho Avenue Meridian, publication of the notice, a copy of which is attached hereto: that said notice aho, at the hour of 7:00 p.m. december was published in The Idaho Statesman, in conformity with Section 60-108, ,Q. 200�,i for the purpose of reviewing ands. considering the applications of: Idaho Code, as amended for: TWO Larrryy Maurer for annexation and zoning. Af 4.25 acres from RUT to C•N zones for `for thelurch and a Conditional Use Permit,, - for a, consecutive weekly single . for the.deVelopment of an LDS Church in a�• ryC44-zone for LDS Church generalI located south of East Franklin Road andyeast of =consecutive daily Dodd skip `South Locust Grfiv'8 Riad" i �+; �•'� Wenco; Inc. for:a:Condittor4al Use Permttw; insertion(s) fora fast food restaurant With drive•thru'in a'^ C•G,,zone for Wendys generaolya orpor at`''; beginning with the issue of: NOVEMBER 1 6 2001 the; northwest intersection: •of Gorporate`, , -,V-and East First Street; and endin with the issue of: NOVEMBER 30 2001 W.H. Moore `Company for. annexation 9 and zoning of 8536 acres from RUT. to C•C" and C•G zones'for,proposed El Dorado Bust-''' ness Campus and Preliminary Plat approval' of 32 building lots and 17 other lots plus or.. minus on 85.36 acres in aproposed C -C_ and C•G zone for proposed EI Dorado Busi-a, ness Campus generally located in the south -,,,,STATE OF IDAHO west corner of East Overland' -Road and ) South Eagle Road; _ ,- r, )Ss The Banks Group, LLC for a Conditional Use Permit for the construction of a building j COUNTY OF ADA to be used for -wholesale building material da this 3 0 distribution in an I -L zone for Intermountain " On y of NOVEMBER in the year of 2001 Wood Productsgenerally located south of before me, a Notary Public, personally appeared before me Janice Hildreth East Franklin Road and west of South Locust Grove Road, I known or identified to me to be the person whose name subscribed to the Falcon Greek, LLC for a request to within instrument, and being amend the 1993 Comprehensive Plan Gen- g by me first duly sworn, declared that the state- eralized Land Use Map to redesignate ments therein are true, an cknowledged to me that she executedihe same. 34,60 acres as industrial along with assoc* F,. text amendments for Utility Business •�Nrnrea Park Subdivision generally located in the +.•• r'•r� northwest corner of North Ten Mile ' Roads C '�.• �. and West Ustick Road, _AQ` •++••• �j/ r �� i+� �•' +•rotary P -ter da Pub. Nov. 16,30, 2001 12072 U 0991 4iesidliat: Sp Jdaho � y &om',rolssit�t eQxplres: O d� ••.......• 5 ,� RECEIVED mail DEC - 3 2001 City of Meridian City Clerk Office