HomeMy WebLinkAboutEl Dorado Business Campus AZ-01-018
BEFORE THE MERlDIAN CITY COUNCIL
CJC 03-1 9~02
Revised 04102/02
IN THE fv1A TIER OF THE )
APPLICATION OF W.H. )
MOORE COMPANY, THE )
APPLICATION FOR )
ANNEXATION AND ZONING )
OF 85.36 ACRES FOR )
PROPOSED EL DORADO )
BUSINESS CA1v1PUS, LOCATED )
ATTHESOUT~ST )
CORNER OF E. OVERLAND )
ROAD AND S. EAGLE ROAD, )
MERIDIAN, IDAHO )
Case No. AZ-Ol.018
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on for
public hearing on March 19, 2002 at the hour of 6:30 p.m., and Shari Stiles,
Planning and Zoning Administrator, and Jonathan Seal, Joseph Waters, Frank
Harron, Chris McMasters, and Cornell Larsen, appeared and testified, and the City
Council having duly considered the evidence and the record in this matter therefore
makes the following Findings of Fact and Conclusions of Law, and Decision and
Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page I
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIEL DORADO BUSINESS CNv1PUS
(AZ-O 1.0 18 )
FINDINGS OF FACT
1. There has been compliance 'with all notice and hearing requirements set
forth in Idaho Code 9S 6786509 and 67-6511, and Meridian City Code 99 I1-1S-5
and 11 ~ 1 6-1.
2. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian
adopted December 21,1993, Ordinance No. 629, January 4,1994, and maps and the
ordinance Establishing the Impact Area Boundary.
3. The property which is the subject to the application for annexation and
zoning is described in the application, and is approximately 85.36 acres in size, is
located at the southwest comer of E. Overland Road and S. Eagle Road, Meridian,
Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban
Service Planning Area.
4. The owner of recor.d of the subject property is Kimball Properties
Limited Partnership, Managing Partner: Winston H. Moore, and the Applicant is W.
H. Moore Company.
5. The property is presently zoned RUT and consists of vacant land.
6. The Applicant requests the property be zoned as C-C and 'C-G, 'with the
intent to develop and construct 34 building lots and 17 other lots for a proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CM1PUS
(AZ-O 1-0 18)
commercial development known as the El Dorado Business Campus, consisting of a
mi'C of uses such as office, retail, restaurants, and hotels/motels, which is consistent
i-vith the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Mi..'CedIPlanned Development.
7. The subject property is bordered to the north and west by County
zoned residential property, to the east by the Silverstone Corporate Center, and to
the south by Thousand Springs Subdivision.
8. There are no significant or scenic features of major importance that
affect the consideration of this application.
9. The City Council has taken into consideration the concerns of Bradley
Miller, a neighboring property owner, and Thomas and Nancy Connolly, residents of
a neighboring subdivision.
10. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and. services required by the proposed development \vill
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows: '
I. A Development Agreement shall be entered into between the City of Meridian
and the Applicant. The Development Agreement shall require that certain uses
FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ.O 1.018)
vvithin the subdivision shovv'n as conditional in the attached e.:<hibit be approved
though the Conditional Use Permit process. The list of permitted uses shall
include all those listed in the exhibit submitted with the application, vvith any
modifications, if required. Development of the properties South of the proposed
Copper Pointe Drive lying across the Ridenbaugh Canal from Thousand Springs
Subdivision shall be required to obtain a separate Conditional Use Pem1it unless
professional office or flex uses are proposed, which were defined by the
Commission to be "uses permitted in the L~O zone", such uses do not require a
CUP. Buildings in this area shall not exceed a height of 35 feet.
2. A condition of the Development Agreement shall be to construct a multi~use
pathway adjacent to the Ridenbaugh Canal's north bank in accordance vvith
the design and alignment requirements of the Meridian Parks & Recreation
Department proposed standards under CUP Site Specific Conditions, item # 1)
and the Nampa Meridian Irrigation District. The pathway along the canal
must be constructed before the first building permit may be issued for any
buildings South of Copper Pointe Drive.
3. New legal descriptions for new zone boundaries shall be submitted.
4. Zoning of C-C is restricted to all property north of Goldstone Way and east of
IGng Salmon Way. The southern boundary of property along the Canal and
south of Copper Point shall be zoned C-G. The remainder of the property
shall be zoned C-G.
Adopt the Recommendations of the ACHD as follows:
1. In order to reduce trips to and from this development it is recommended that
tenants occupying the proposed building shall be required to provide an
Alternative Transportation Program for employees and provide an annual
report to ACHD on employee participation. Commuteride staff shall
coordinate the Alternative Transportation Program vvith the applicant
2. In order to reduce trips to and from this development, the tenants occupying
the proposed building(s) shall be required to participate in any Transportation
Management Association (TNlA) or Transportation Management Organization
(TMO) that is formed Vlith a boundary that includes this site or is adjacent to
this development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CNvIPUS
(AZ~O 1-0 18)
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 "vithin the operating area of the
intersection is vital to the safe operations of the intersection. The subject site's
additional traffic shall exacerbate the traffic problems at these intersections,
4. Based on development patterns in this area and the resulting traffic generation,
staff anticipates that the transportation system shall not be adequate to
accommodate additional traffic generated by this proposed development at
accepted levels of service without modifications to Eagle Road and Overland
Road, and the intersection.
5. Dedicate 54 to 48.feet of right-of-way from the centerline of Overland Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or other
required permits), whichever occurs first.
6. Dedicate 52 to 48-feet of right-of-way from the centerline of Eagle Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or other
required permits) J whichever occurs first.
7. Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2-
feet vvithin the new right-of-way. Coordinate the location and elevation of the
sidewalk with District staff. If the sidewalk meanders outside of the right-of-
way, provide an easement for the sidewalk
8. Construct a 5-foot "vide detached concrete sidewalk on Overland Road located
2-feet within the new right:of-way. Coordinate the location and elevation of
the sidewalk with District staff. If the sidewalk meanders outside of the right-
of-way, provide an easement for the sidewalk.
9. Construct the proposed driveway on Overland Road approximately 240-feet
west of Eagle Road. This driveway meets District policy as a right-inJright-out
driveway only and is approved vvith this application. The applicant shall
coordinate vvith the Districts Traffic Services Division to determine a means to
restrict this driveway to a right-in/right-out driveway only (i.e. rai'sed median,
internal island, etc.).
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAlY1PUS
(AZ-O 1-0 18)
(
10. Construct the proposed drivewav on Overland Road approximately S5G-feet
west of Eagle Road as a full~access driveway. This driveway meets District
policy and is approved \-vith this application.
11. Construct the proposed public roadway access point located on Overland Road
approximately 950~feet west of Eagle Road as a collector roadway. This
location is granted a modification of policy and is approved \-vith this
application.
12. Constmct 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 \-vith this application.
13. Constmct the proposed drivewav on Eagle Road located approximately 1, 150~
feet south of Overland Road. This driveway was granted as a modification of
policy by the District's Commission on January 16,2002.
14. Construct the proposed public roadway on Eagle Road approximately l, 700-
feet south of Overland Road. This roadway meets District policy and is
approved with this application.
15. Constmct the proposed public roadwav on Eagle Road approximately 2,400-
feet south of Overland Road as a full access roadway. This roadway meets
District policy and is approved with this application.
16. Construct the proposed spine road with connections at Overland Road and
Eagle Road, as proposed. This roadway shall be constructed as a 46~foot street
section with curbs, gutters and sidewalks within 70-feet of right~of.way, as
proposed. Parking shall be restricted on the proposed street, and the applicant
shall submit a signage plan prior to final plat approval.
17. Construct the proposed roadway on Eagle Road located approximately 1,700-
feet south of Overland Road to align \-vith the roadway that was approved with
the Silverstone Corporate Center. This roadway shall be constructed as a 46-
foot street section with curbs, gutters and sidewalks within 70-feet of right-of-
way. Parking shall be restricted on the proposed street, and the applicant shall
submit a signage plan prior to final plat approval.
18. Construct the proposed roadway on Eagle Road located approximately 700-
FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ.01-018)
(
feet south of Overland Road is proposed to offset a driveway that was
approved \vith the Silverstone Corporate Center. This roadway shall be
constructed as a 46-foot street section \vith curbs, gutters and sidewalks \vithin
70-feet of right-of-way. Parking shall be restricted on the proposed street, and
the applicant shall submit a signage plan prior to final plat approval.
19. Construct center turn lanes on Overland Road and Eagle Road for the
proposed public street intersections and for all of the full access driveways.
20. Construct a left turn bay at the main entrance on Eagle Road.
21. Enter into a three way \vritten agreement vvith the District for the cost and
specific location of the traffic signal on Eagle Road.
22. .Any proposed landscape islands/medians vvithin the public right-of-way
dedicated by this plat shall be o\vned and maintained by a propeny owners'
association. Notes of this shall be required on the final plat.
23. Construct a stub street to the west property line. The applicant has proposed
that the stub street be located approximately 450 feet north of the south
property line. Staff is supportive of this location or any location that is located
south of the proposed Lot 11. The applicant shall construct the stub street
and provide a paved temporary turnaround at the west end of the stub street
vvith 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) vvith
District staff.
24. The turnarounds shall be constructed to provide a minimum turning radius of
55-feet.
25. .Any existing irrigation facilities shall be relocated outside of the right-oE-way.
26. Utility street cuts in pavement less than five years old are not allowed unless
approved in vVTiting by the District.
27. If utility relocation is necessary to construct improvements required "vith this
development, then all utility relocation costs associated with improving street
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ-O 1-018)
(
frontages abutting the site shall be borne by the develOper.
28. Other than the access points specifically approved \vith this application, direct
lot or parcel access to Eagle Road and Overland Road is prohibited. Lot access
restrictions, as required "vith this application, shall be stated on the final plat.
Adopt the Meridian Fire Department Recommendations as follows:
1. A fire-flow consistent with AppendL"'( III-A of the Uniform Fire Code shall be
provided to service the entire project. Fire hydrants shall be placed an average
of 400' apart at approved locations.
2. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
3. Acceptance of water supply for fire protection is contingent upon acceptance of
the water system by the City of Meridian.
4. Final approval for fire hydrant location shall be by the Meridian Fire
Department.
5. All turning radii shall be a minimum of 281 inside and 48' outside.
6. Insure that all yet undeveloped parcels are maintained free of combustible
vegetation.
7. The roadways shall be built to Ada County Highway standards.
8. Provide an approved turnaround on the West end of Goldstone Way or
provide a connection to the adjacent project.
Adopt the Recommendation of the Nampa & Meridian Irrigation District.
1. Applicant shall apply for a land use change/site application.
2. If a pressure urban irrigation system 'will be o\vned, operated and maintained
by the District, then the Developer shall contact the District conteJ;1l.ing the
installation of the pressure system. '
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FORAN'NEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ*O 1-0 18)
(
3. Fill out and return the required questionnaire pertaining to the initiation
process of contractual agreements between the mvner or developer and the
District, for the mvnership, operation and maintenance of the pressure urban
irrigation system.
Adopt the Recommendations of the Central District Health Department as
follows:
I. The Applicant's central sewage and central water plans must be submitted to
and approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
2. Run-off is not to create a mosquito breeding problem.
3. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
4. The Engineers and architects involved with the design of the subject project
shall obtain current best management practices for stormwater disposal and
design a stormwater management system that prevents groundwater and
surface water degradation.
11. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 10, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
"vill be protected, a condition ofannexatibn and zoning designation.
12. It is also found that the development considerations as referenced in
Finding No.1 0 are reasonable to require and must be taken into account, in order to
assure the proposed development is designed, constructed, operated and maintained
in a manner which is harmonious and appropriate in appearance with the .existing, or
intended character of the general vicinity, in order to assure that the proposed use
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CA1v1PUS
(AZ~O 1-0 18)
(
\-vill not change the essential character of the affected vicinity and will insure that the
proposed uses \-vill not be hazardous or disturbing to the existing, or future
neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors. But,
additional landscaping buffers and design features will be required to make the
proposed use more harmonious \-vith the general vicinity and to comply "vith City
Ordinances.
13. It is found that the zoning of the subject real property as Community
Business District (C-C) and General Retail And Service Commercial (C-G) requires
connection to the Municipal Water and Sewer systems and will be. compatible with
the Applicanes development intentions, and "vill assure that the zoning is consistent
with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Mixed/Planned Development.
14. The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan
15. The property can be physically serviced with City water and sewer, since
the applicant has extended the lines.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon vvritten
FINDINGS OF FACT AND CONCLUSIONS OF LAW . Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAlv1PUS
(AZ-O 1-0 18)
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies "vithin the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may
annex real property that is "vi thin the Meridian Urban Service Planning Area as set
forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted
December 21,1993, Ord. No. 629, January 4,1994.
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
Goals 1 through 10, inclusive.
5. The zoning of Community Business District (C-C) and General Retail and
Service Commercial (C-G) are defined in the Zoning Ordinance at S 11-7-2 I and K as
follows:
(C-C) Community Business District: The purpose of the C-C District is to
permit the establishment of general business uses that are of a larger scale than
a neighborhood business, and to encourage the development of modem shopping
centers "vith adequate off-street parking facilities, and associated site amenities
to serve area residents and employees; to prohibit strip commercial development
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ-O 1-018)
and encourage the clustering of commercial enterprises. All such districts shall
have direct access to a transportation arterial and collector and be connected to
the Municipal water and sewer systems of the City.
Al"JD
(C~G) General Retail And Service Commercial District: The purpose of the
C-G District is to provide for commercial uses which are customarily operated
entirely or almost entirely "vithin a building; to provide for a review of the impact
of proposed commercial uses which are auto and service oriented and are located
in close proximity to major highway or arterial streets; to fulfill the need of travel~
related services as well as retail sales for the transient and permanent motoring
public. All such districts shall be connected to the Municipal water and sewer
systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development. .
6. Since the anne..xation and zoning of land is a legislative function, the City
has authority to place conditions upon the annexation of land. See Burt vs. The Citv of
Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983).
7. The development of the annexed land, if annexed, shall meet and comply
,vith the Ordinances of the City of Meridian including, but not limited to: Section 12-2-
4 which pertains to development time schedules and requirements; Section 12~4~13,
which pertains to the piping or ditches; arid Section 12~5~2 N, which pertains to
pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance
of the City of Meridian.
8. Pursuant to Section 11 ~ 16~4 A of the Zoning and Development Ordinance
the owner and/or developer shall enter into a Development Agreement, if such is
required by the City.
FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ~01~018)
DECISION AND ORDER
NOvV, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LA vV, the City Council does
hereby Order and this does Order:
1. The applicant's request for annexation and zoning of approximately 85.36
acres to Community Business District (C-C) and General Retail And Service Commercial
(C-G) is granted subject to the terms and conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 85.36 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
/'
Corporate City Limits per Ordinance No. 686.
3. Developer shall be required to met the conditions set forth and in the
event the conditions herein are not met by the Developer that the property shall be
subject to de-annexation, ."vith the City of Meridian, which provides for the follo'Wlng
conditions of development, to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
1. A Development Agreement shall be entered into between the City of Meridian
and the Applicant. The Development Agreement shall require that .certain uses
within the subdivision shown as conditional in the attached exhibitbe approved
though the Conditional Use Permit process. The list of permitted uses shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CM1PUS
(AZ-O 1-018)
include all those listed in the exhibit submitted with the application, \vith any
modifications, if required. Development of the properties South of the proposed
Copper Pointe Drive lying across the Ridenbaugh Canal from Thousand Springs
Subdivision shall be required to obtain a separate Conditional Use Permit unless
professional office or flex uses are proposed, which were defined by the
Commission to be "uses permitted in the L-O zone", such uses do not require a
CUP. Buildings in this area shall not exceed a height of 35 feet.
2. A condition of the Development Agreement shall be to construct a multi-use
pathway adjacent to the Ridenbaugh Canal's nonh bank in accordance with
the design and alignment requirements of the Meridian Parks & Recreation
Department proposed standards under CUP Site Specific Conditions, item # 1)
and the Nampa Meridian Irrigation District. The pathway along the canal
must be constructed before the first building permit may be issued for any
buildings South of Copper Pointe Drive.
3. New legal descriptions for new zone boundaries shall be submitted.
4. Zoning of C-C is restricted to all property north of Goldstone Way and east of
King Salmon Way. The southern boundary of property along the Canal and
south of Copper Point shall be zoned C-G. The remainder of the property
shall be zoned C-G.
Adopt the Recommendations of the ACHD as follows:
I. In order to reduce trips to and from this development it is recommended that
tenants occupying the proposed building shall be required to provide an
Alternative Transportation Program for employees and provide an annual
report to ACHD on employee participation. Commuteride staff shall
coordinate the Alternative Transportation Program vvith the applicant
2. In order to reduce trips to and from this development, the tenants occupying
the proposed building(s) shall be required to participate in any Transportation
Management Association (TN'lA) or Transportation Management Organization
(TMO) that is formed with a boundary that includes this site or is adjacent to
this development.
3. The OverlandlEagle Road and Meridian/Overland Road intersections operate
at a Level of Service F (LOS F), and are listed as one of the 100 most critical
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ-O 1-0 18)
intersections in Ada County. Access control within the operating area of the
intersection is vital to the safe operations of the intersection. The subject site's
additional traffic shall e.,"(acerbate the traffic problems at these intersections.
4. Based on development patterns in this area and the resulting traffic generation,
staff anticipates that the transportation system shall not be adequate to
accommodate additional traffic generated by this proposed development at
accepted levels of service "vvithout modifications to Eagle Road and Overland
Road, and the intersection.
5. Dedicate 54 to 48~feet of right-of-way from the centerline of Overland Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or other
required permits), whichever occurs first.
6. Dedicate 52 to 48-feet of right-of-way from the centerline of Eagle Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or other
required permits), whichever occurs first.
7. Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2-
feet within the new right-of-way. Coordinate the location and elevation of the
sidewalk with District staff. If the sidewalk meanders outside of the right-of-
way, provide an easement for the sidewalk
8. Construct as-foot "vvide detached concrete sidewalk on Overland Road located
2~feet within the new right~of-way. Coordinate the location and elevation of
the sidewalk vvith District staff. If the sidewalk meanders outside of the right-
of-way, provide an easement for the sidewalk.
9. Construct the proposed driveway on Overland Road approximately 240~feet
west of Eagle Road. This driveway meets District policy as a right~in/right-out
driveway only and is approved "vvith this application. The applicant shall
coordinate with the Districts Traffic Services Division to determine a means to
restrict this driveway to a right-in/right-out driveway only (Le. raised median,
internal island, etc.).
10. Construct the proposed driveway on Overland Road approximalely SSO-feet
west of Eagle Road as a full-access driveway. This driveway meets District
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page IS
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ-OI-OI8)
policy and is approved \vith this application.
II. Construct the proposed public roadwav access point located on Overland Road
approximately 950-feet west of Eagle Road as a collector roadway. This
location is granted a modification of policy and is approved \vith this
application.
12. Constmct the proposed public roadwav on Eagle Road approximately 700-feet
south of Overland Road as a full~access roadway. This roadway meets District
policy and is approved \vith this application.
13. Construct the proposed driveway on Eagle Road located approximately 1,150-
feet south of Overland Road. This driveway was granted as a modification of
policy by the District's Commission on January 16,2002.
14. Construct the proposed public roadway on Eagle Road approximately 1,700-
feet south of Overland Road. This roadway meets District policy and is
approved with this application.
IS. Construct the proposed public roadway on Eagle Road approximately 2,400-
feet south of Overland Road as a full access roadway. This roadway meets
District policy and is approved with this application.
16. Construct the proposed spine road with connections at Overland Road and
Eagle Road, as proposed. This roadway shall be constructed as a 46-foot street
section with curbs, gutters and sidewalks within 70-feet of right-of-way, as
proposed. Parking shall be restricted on the proposed street, and the applicant
shall submit a signage pla~. prior to final plat approval.
17. Construct the proposed roadway on Eagle Road located approximately 1, 700~
feet south of Overland Road to align vvith the roadway that was approved \vith
the Silverstone Corporate Center. This roadway shall be constructed as a 46-
foot street section vvith curbs, gutters and sidewalks within 70-feet of right-of-
way. Parking shall be restricted on the proposed street, and the applicant shall
submit a signage plan prior to final plat approval.
18. Construct the proposed roadway on Eagle Road located approximat,ely 700-
feet south of Overland Road is proposed to offset a driveway that was
approved \vith the Silverstone Corporate Center. This roadway shall be
. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CA.M:PUS
(AZ-O 1-0 18)
constructed as a 46-foot street section \-vith curbs, gutters and sidewalks within
70-feet of right-of-way. Parking shall be restricted on the proposed street, and
the applicant shall submit a signage plan prior to final plat approval.
19. Construct center turn lanes on Overland Road and Eagle Road for the
proposed public street intersections and for all of the full access driveways.
20. Construct a left turn bay at the main entrance on Eagle Road.
21. Enter into a three way \-vritten agreement with the District for the cost and
specific location of the traffic signal on Eagle Road.
22. Any proposed landscape islands/medians 'livithin the public right-oE-way
dedicated by this plat shall be oV'medand maintained by a homeowners
association. Notes oE this shall be required on the final plat.
23. Construct a stub street to the west property line. The applicant has proposed
that the stub street be located approximately 450 feet north of the south
property line. Staff is supportive of this location or any location that is located
south of the proposed Lot II. 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 II. Coordinate the sign plan
for the stub street, and the design of the turnaround (if necessary) 'With
District staff.
24. The turnarounds shall be. censtructed to provide a minimum turning radius of
55-feet.
25. Any existing irrigation facilities shall be relocated outside of the right-oE-way.
26. Utility street cuts in pavement less than five years old are not allowed unless
approved in vvriting by the District.
27. If utility relocation is necessary to construct improvements requir.ed with this
development, then all utility relocation costs associated with improving street
frontages abutting the site shall be borne by the developer. '
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIEL DORADO BUSINESS CAMPUS
(AZ-O 1-0 18)
28. Other than the access points specifically approved with this application, direct
lot or parcel access to Eagle Road and Overland Road is prohibited. Lot access
restrictions, as required vvith this application, shall be stated on the final plat.
Adopt the Meridian Fire Department Recommendations as follows:
I. A fire~flow consistent with AppendLx III-A of the Uniform Fire Code shall be
provided to service the entire project. Fire hydrants shall be placed an average
of 400' apart at approved locations.
2. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
3. Acceptance of water supply for fire protection is contingent upon acceptance of
the water system by the City of Meridian.
4. Final approval for fire hydrant location shall be by the Meridian Fire
Department.
5. All turning radii shall be a minimum of 281 inside and 48' outside.
6. Insure that all yet undeveloped parcels are maintained free of combustible
vegetation.
7. The roadways shall be built to Ada County Highway standards.
8. Provide an approved turnaround on the West end of Goldstone Way or
provide a connection to th: -adjacent project.
Adopt the Recommendation of the Nampa & Meridian Irrigation District.
1. Applicant shall apply for a land use change/site application.
2. If a pressure urban irrigation system vvill be ovmed, operated and maintained
by the District, then the Developer shall contact the District concerning the
installation of the pressure system.
3. Fill out and return the required questionnaire pertaining to the initiation
process of contractual agreements between the owner or developer and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CM1PUS
(AZ-O 1-0 18)
District, for the mvnership, operation and maintenance of the pressure urban
irrigation system.
Adopt the Recommendations of the Central District Health Department as
follows:
1. The Applicant's central sewage and central water plans must be submitted to
and approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
2. Run-off is not to create a mosquito breeding problem.
3. Stormwater shall be pretreated through a grassy S\vale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
4. The Engineers and architects involved vvith the design of the subject project
shall obtain current best management practices for stormwater disposal and
design a stormwater management system that prevents groundwater and
surface water degradation.
4. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real property
which is the subject of the application to (C-C) Commercial Business District and (C-C)
General Retail and Service Com~.ercial, and Meridian City Code S 11-7-2.
5. Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided in
Meridian City Code 9 11-21-1 in accordance vvith the provisions of the a,.nnexation and
zoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CA1v1PUS
(AZ-O 1-0 18)
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 s 67-6521 an affected person is a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the annexation and zoning and who may vvithin 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.
21!D
By action of the City Council at its regular meeting- held on the - day
of ~
,2002.
ROLL CALL
COUNCILN1AN KEITH BIRD
VOTED~
COUNCILWOrv1AN TAMMY deWEERD
VOTED~
...
VOTED$A./
COUNCIL WOrv1AN CHERIE Me CANDLESS
COUNCILrv1AN WILLIM1 L.M. NARY
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 4----2--02-
--
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAIv1PUS
(AZ-OI-018) .
.,0' .
MOTION:
APPROVE{): ~
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney. .\'::"::c".~"'~:""~":':'c'~.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIEL DORADO BUSINESS CA1v1PUS
(AZ.01-018)
EXHIBIT C
Map of C~C and C-G Zones with Identification of Ridenbau2h Section and Main
Section
DEVELOPMENT AGREEMENT (AZ-01-018) -15
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EXHIBIT D
List orUse Pennissions and Restrictions
Uses will be governed by the Meridian City Ordinance 11-8-1, Zoning Schedule of Use
Control, as may be amended from time. The following use may also be developed as
pennitted uses:
Adult Day Care
Animal Hospital
Auction Establishment
Automobile Related Business: Repair Shop - Minor; Car Wash and Service
Station.
Bank, Financial Institution
Microbrewery Type Bottling and Distribution Plant
Bus Station
Church
Clinics (Medical, Dental, Optical)
Club, Lodge, Social Hall
Convenience Store w/ Gasoline Services
Construction Businesses: Contractors Shop; Sheet Metal Shop; Roofing Shop;
Sign Painting Shop
Driving Range
Electrical Equipment and Products
Electrical Supplies and Appliances
Entertainment Centers - Indoor: Bowling Alley; Skating Rink; Arcade; Arena;
Archery
Entertainment Centers - Outdoor: Amusement Park, Ball Park (baseball, football,
soccer); Water Park, Batting Cages; Go Cart Track
Flex Space: Office Warehouse Mix
Golf Course
Greenhouses, Nurseries (already pennitted)
Grocery Stores
Hospitals
Indoor Firing Range
Laboratories (Medical, Dental, Optical)
Laundry, Clothes Cleaning, Pressing Business
Laundry, Industrial
Laundry, Self-Service
Mausoleum
Medical Research Facilities
Molded Plastic Products
Mortuary
Newspaper and Printing Establishment
Offices
Parking Lots: Commercial; Off-Site Accessory Parking Lot; Parking
Garage/Structure
DEVELOPMENT AGREEMENT (AZ-OI-018) - 16
Parks and Plazas
Personal Services: Barber Shop; Massage Parlor; Beauty Salon.
Pharmacy
Post - Secondary Educational Facilities
Printing, Lithography, Publishing and Associated Reproduction, exclusive of
Paper Manufacturing
Public and Quasi-Public Uses
Radio and Television Stations (except exterior communications facilities districts)
Restaurant
Personal Service: Barber Shop; Massage parlor; Beauty Salon
Photography Studio
Private Commercial Schools (Business, Art, Dance, Music, MedicaVDental
Technician, Martial Arts)
Retail
Restaurant
Sales: Building Materials; Hay; Grain; Bulk Garden Supply; Heavy Machinery
Seed and Garden Supply
Social Care Facilities: Missions; Food Kitchens; single Resident Occupancy
Hotels
Self-Service Storage
Standby Generators
Theater (Excluding Drive-ins)
Vocational, Trade, Industrial Schools
Warehouses Storage
Utility Facility -- Major
Utility Facility -- Minor
Wholesale Business
The following uses maybe allowed upon application and approval of a conditional use:
Automobile Repair Shops-Major
Child Care Facilities
Communication Towers
Drive-ins, Drive-through Establishments
Missions; Food Kitchens
Residential (Plarmed Unit Developments)
Sales Lots
Schools, Private (vocational, trade and industrial schools are permitted)
Shelter Homes
The following uses, in addition to those included in the Meridian Ordinance Section 11-
8-1 as prohibited uses in the C-C and C~G zones (unless permitted/conditional use above)
are expressly prohibited.
Adult Business (bookstore, theater, performance)
Alcoholic Establishments )other then combined with restaurant services or
DEVELOPMENT AGREEMENT (AZ-01-018) - 17
hoteVmotel facilities)
Boarding and Rooming House
Bottling and Distribution Plant
Composting Facility
Halfway Houses
Nursing Homes and Sanitariums
Recreational Vehic1e Park
Truck Terminal
Truck Stop Uses.
Z:\Work\M\Meridian\Meridian 15360M\EI Dorado Bus Campus AZO(..{)18 PP01..{)20 CUPOI..{)37\REVISED Dev Agmt
per Gary Allen 01 1603.DOC
DEVELOPMENT AGREEMENT (AZ-Ol~OI8) -18