HomeMy WebLinkAboutSilverstone Corporate Center AZ-01-001BEFORE THE MERIDIAN CITY COUNCIL
C/C 04-03-01
IN THE MATTER OF THE )
APPLICATION OF SUNDANCE )
INVESTMENTS LIMITED )
PARTNERSHIP OR ASSIGNS, )
THE APPLICATION FOR )
ANNEXATION AND ZONING )
OF 78 ACRES FOR PROPOSED )
SILVERSTONE CORPORATION )
CENTER, LOCATED ON THE )
SOUTH EAST CORNER OF )
OVERLAND AND EAGLE )
ROADS, MERIDIAN, IDAHO )
)
Case No. AZ-01-001
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 heating on March 20, 2001, and continued until April 3, 2001, at the hour of
6:30 p.m., and Shaft Stiles, Planning and Zoning Administrator, appeared and
testified, and appearing on behalf of the Applicant were Comell Larson and Roger
Anderson, and no one appeared in opposition, and the City Council having duly
considered the evidence and the record in this matter therefore makes the following
Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-01-001)
FINDINGS OF FACT
1. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public heating
scheduled for March 20, 2001 and continued until April 3, 2001, 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 that
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 20, 2001 and continued until April 3, 2001, public
hearing; 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 connnents and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5
and 11-16-1.
3.
The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Titles 11 and 12, Meridian City Code, and all
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(~Z-01-00 l)
Page 2
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.
4. The property which is the subject of the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full.
5. The property is approximately 78 acres in size and is located at the
southeast corner of Overland Road and Eagle Road. The property is designated as
Silverstone Corporate Center.
6. The owner of record of the subject property is the Sundance
Investments Limited Partnership of Meridian, Idaho.
7. Applicant is owner of record.
8. The property is presently zoned by Ada County as R-1, and consists of
vacant ground..
9. The Applicant requests the property be zoned as C-C and C-G.
10. The subject property is bordered to the north by two single family
residences, a nursery and an ACHD Park and Ride Lot, open pasture and vacant
parcels to the south, an 80-acre parcel with a single family dwelling to the east and
agricultural land to the west. Thousand Springs Subdivision is to the southwest.
The city limits of the City of Meridian are adjacent and abut the subject property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-01-001 )
11. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area as defined in the Meridian
Comprehensive Plan.
13. The Applicant proposes to develop the subject property in the following
manner: a 15 lot commercial subdivision.
14. The Applicant requests zoning of the subject real property as C-C and
C-G which is consistent with the Meridian Comprehensive Plan Generalized Land
Use Map which designates the subject property as Mixed/Planned Use Development.
15. There are no significant or scenic features of major importance that
affect the consideration of this application.
16. The City Council recognizes the concerns of Sutherland Farm, Inc.
dated February 5, 2001, which request extension of Titanium Way and the addition
of a collector street at the south end of the subject property.
17. 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-01-001)
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
17.1
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12-4-13. 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.
17.2
Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
17.3
Streetlights shall be required at locations designated by the Public
Works Department. All streetlights shall be installed at subdivider's
expense. Typical locations are at street intersections and/or fire
hydrants. Final design locations and quantity are determined after
Idaho Power Company completes power designs. Street light contractor
to obtain design and permit from the Public Works Department prior
commencing installations.
17.4 Compaction test results shall be submitted to the Meridian Building
Department for all lots receiving engineered backfill.
17.5
Off-street parking shall be provided in accordance with City of Meridian
Zoning and Development Ordinance and/or as detailed in site-specific
requirements.
17.6
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.
17.7
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to thc 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-O 1-00 ~)
Page 5
17.8
I7.9
17.10
17.11
17.12
facilities shall be developed for inclusion in the CC&R's of the
subdivision.
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance.
All signage shall be in accordance with the standards set forth in the
City of Meridian Zoning and Development Ordinance. No temporary
signage, flags, banners or flashing signs shall be permitted.
Provide five-foot-wide sidewalks throughout development in accordance
with City Ordinance.
All construction shall conform to the requirements of the Americans
with Disabilities Act.
The applicant has submitted a list of proposed uses which, although not
allowed for in the C-C or C-G zone in their entirety, may be allowed as
part of a planned development. Some of the uses are not defined in
Meridian's Zoning and Development Ordinance, while other uses listed
may be prohibited outright in the Zoning Schedule of Use Control. The
list appears a little too all-inclusive and needs further refinement. P&Z
Commission and City Council carefully shall consider all proposed uses
so an acceptable development agreement shall be drafted. The City
Council requires that the following uses not be permitted outfight, but
require additional approval under the conditional use permit process:
Sales Lots
Automobile Repair Shop
All drive-through/drive-up window establishments
All child care facilities
Communication towers
Nursing Homes (this was listed as both a proposed use and a prohibited
use by the applicant)
Missions; Food Kitchens
Private schools
Shelter home
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-01-001 )
Page 6
The Planning and Zoning Commission and City Council requires that the
following uses be included in the list of permitted uses:
Electrical Supplies and Appliances
Electronic Equipment and Products
Greenhouses, Nurseries
Hotels/Motels (these would likely require a variance to height
regulations unless a height variance is specifically approved as part of
this application; the applicant has requested a height of 50 feet to
highest parapet)
Molded Plastic Products
Public Service Facilities
Public and Quasi-public Uses
Restaurants
The Planning and Zoning Commission and City Council further
requires that all residential uses listed be strictly prohibited unless
approved as a planned unit development under a separate conditional
use process.
17.13 A Development Agreement shall be required as a condition of
annexation.
18. 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. 17, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
19. It is also found that the development considerations as referenced in
Finding No. 17 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-01-001)
intended character of the general vidnity, in order to assure that the proposed use
will not change the essential character of the affected vicinity smd will insure that the
proposed uses will not be hazardous or disturbing to the existing, or future
neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
20. It is found that the zoning of the subject real property as Community
Business District (C-C) and General Retail And Service Commercial District (C-G)
requires connection to the Municipal Water and Sewer systems and will be
compatible with the Applicant's development intentions, and will assure that the
zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use
Map which designates the subject property as Mixed/Planned Use Development.
21. The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
21.1 The consideration of the provisions of the Comprehensive Plan and the
requirements of the zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive Plan
and the zoning ordinance of the City to all applications such as the
subject application.
21.2 This proposed new growth development will finance public service
expsmsion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
Page 8
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-Oi-OOU
21.3
21.4
21.5
21.6
matter.
The application is consistent with Meridian's self identity.
The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive Plan and the zoning ordinance of the City to the subject
application.
Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for senrices and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
Plan and the zoning ordinance of the City to the subject application.
22. The property can be physically serviced with City water and sewer.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may
annex real property that is within the Meridian Urban Service Planning Area as set
forth in the City's Comprehensive Plan.
2. The Comxcil may talce judicial notice of government ordinances, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-01-001)
Page 9
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:
4.A
The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1
To preserve Meridian's environmental quality and to malce
provisions for and improve the total natural environment by
adopting City-wide and Urban Service Planning Area policies,
which deal with area-specific policies and programs.
4.2
To ensure that growth and development occur in an orderly
fashion in accordance with adopted policies and procedures
governing the use of land, residential development the provision
of services and the distribution of new housing units within the
Urban Service Planning Area.
4.3
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.
4.4
To provide housing opportunities for all economic groups within
the community.
4.5
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-01-001 )
To preserve and improve the character and quality of Meridian's
man-made environment while maintaining its identity as a self-
Page 10
4B.
sufficient community.
4.6
To encourage cultural, educational and recreational facilities
which will fill the needs and preferences of the citizens of
Meridian and to insure that these facilities are available to all
residents of the City.
4.7
To provide community services to fit existing and projected
needs.
4.8 To establish compatible and efficient use of land through the
use of innovative and functional site design.
4.9 To encourage a balance of land use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
The sections of the Comprehensive Plan that most direcdy apply to the proposed
project are as follows:
4.1
Goal 3 is "to encourage the ldnd 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."
4.2
Goal 5 is "to preserve and improve the character and qtrality of Meridian's
man-made environment while maintaining its identity as a self-sufficient
community."
4.3 Goal 8 is "to establish compatible and efficient use of land through the
use of innovative and functional site design."
4.4 Economic Development
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-OI-O01)
Page 11
1.1
The City of Meridian shall make every effort to create a positive
atmosphere that encourages .... commercial enterprises to locate
in Meridian.
1.2
It is the policy of the City of Meridian to set aside areas where
commercial and industrial interest and activities are to
dominate.
1.3
The character, site improvements and type of new commercial
or industrial developments should be harmonized with the
natural environment and respect the tmique needs and features
of each area.
1.5
Strip industrial and commercial uses are not in compliance with
the Comprehensive Plan.
2.2U Encourage and support job market expansion that provides for
mid- and upper-range wage scale and benefits.
Land Use
1.5U Encourage a balance of land uses to ensure that Meridian
remains a desirable, stable and self-sufficient community.
! .6U Develop a land use review process that involves the public
in the conceptual stage of a development proposal and
utilizes staff expertise to address detailed standards.
1.10U Promote the design of attractive roadway entryway areas
into Meridian which will clearly identify the community.
1.11UProtect citizen investments in existing public facilities
(water, sewer, streets, fire, police) by encouraging
controlled growth through city planning reviews and
development agreements.
4.8U Encourage commercial uses, offices and medical-care uses
to locate in the Old Town district, business parks,
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-OI-O01)
Page 12
shopping centers and near high-intensity activity areas,
such as freeway interchanges.
5.6
The development of a variety of compatible land uses
should be provided in specific plans and proposals for
future development.
5.10
Development should be conducted under Planned Unit
Development procedures and as conditional uses,
especially when two or more differing uses are proposed.
5.12
Strip development within this inbred-use area is not in
compliance with the goals and policies of the
Comprehensive Plan.
5.13 Clustering of uses and controlled access points along
arterials and collector streets will be required.
5.14U Because these areas are near 1-84, Franldin and Overland
Roads, high-quality visual appearance is essential. All
development proposals in this area will be subject to
development review guidelines and conditional use
permitting procedures.
5.15UThe mixed-use area in the vicinity of the Overland
Road/Franldin Road/Eagle Road/I-84 interchange is a
priority development area.
Natural Resources and Hazardous Areas
3.1U Manage and prevent unsuitable uses along dralnageways and
protect the floodplain of creeks and drains.
4.1U Developments contiguous to natural waterways, irrigation
canals, laterals and drainage ditches must consider all
available information concerning floodplain waterways.
Public Services, Utilities and Energy. Resources
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-OI-O01)
Page 13
5.2
5.4
5.5
5.8U
All new developments will be phased for connection to the
mtmicipal water system within the Urban Service Planning
Area.
Adequate water supply will be available for fire protection.
All development in the USPA shall be required to connect to
the municipal sewer system.
Procure and develop additional water sources to ensure
sufficient water supply for future residential and industrial
demands.
Transportation
1.4U Monitor and coordinate the compatibility of the land use and
transportation system.
1.SU Encourage clustering of uses and controlled access points
along arterial, collector and section line roads.
1.10URequire traffic studies evaluating the impact of generated
traffic volmnes (internal and external circulation) on adjacent
streets and to preserve the integrity of residential
neighborhoods, as requested by the City.
Open
3.1
Space? Parks and Recreation
Establish a network of open space corridors that are either
improved, semi-improved or unimproved which have the
potential to enhance local identification within the area.
Communi _ty Design
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-01-001 )
Page 14
1.3
Open space areas within all development should be
encouraged.
1.4
Major entrances to the City should be enhanced and
emphasized. Unattractive land uses along these entrances
should be screened from view.
2.1U Encourage area beautification through uniform sign design
that enhances the community.
2.3U Encourage the beautification of streets, parMng lots, public
lands, and state highways.
2.5U Encourage the use of attractive open space, landscaping,
lighting and street furniture for the benefit of the public.
4.4U
Encourage landscaped setbacks for new development on
entrance corridors. The City shall require, as a condition of
development approval, landscaping along all entrance
corridors.
5.2
Ensure that all new development enhances rather than
detracts from the visual quality of its surroundings, especially
in areas of prominent visibility.
5. The zonings of Conm~unity Business District (C-C) and General Retail And
Service Commercial District (C-G) are defined in the Zoning Ordinance at § 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 with adequate off-street parking facilities, and associated site amenities
to serve area residents and employees; to prohibit strip commercial development
and encourage the dustering 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-O ~-00 i)
Page 15
(C-G) General Retail And Service Commercial District: The purpose of the
C-G District is to provide for commercial uses which are customarily operated
entirely or almost entirely within a building; to provide for a review of the impact
of proposed commercial uses which are auto and service oriented and are located
in dose 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. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and develop a possible
mixed/planned unit development.
7. Since the annexation and zoning of land is a legislative function, the City
has authority to place conditions upon the annexation of land. See Burr vs. The City of
Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983).
8. The development of the annexed land, if annexed, shall meet axed comply
with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-
4 which pertains to development time schedules and requirements; Section 12-4-13,
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems.
9. The development of the property shall be subject to and controlled by the
Zoning and Subdivision and Development Ordinances of the City of Meridian.
10. Section 11-16-4 A of the Zoning and Development Ordinance provides in
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-01-001)
Page 16
part as follows:
If property is annexed and zoned, the City may require or permit, as a condition
of the zoning, that an owner or developer make a written commitment concerning
the use or development of the subject property. If a commitment is required or
permitted, it shall be recorded in the office of the Ada County Recorder and shall
take effect upon the adoption of the ordinance annexing and zoning the property,
or prior if agreed to by the owner of the parcel. Unless the commitment is
modified or terminated by the City Council, the commitmem shall be binding on
the owner of the parcel, each subsequent owner, and each other person acquiring
an interest in the property. A commitment is binding on the owner of the
property even if it is unrecorded; however, an unrecorded conunitment is binding
on subsequent owners and each other person acquiring an interest in the property
only if the subsequent owner and each other person acquiring an interest in the
property has actual notice of the commitment.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
1. The applicant's request for annexation and zoning of approximately 78
acres to Community Business District (C-C) and General Retail And Service Commercial
District (C-G) is granted subject to the terms and conditions of this Order hereinafter
stated.
2. The application is for annexation and zoning of 78 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-OI-OO1)
Page 17
Corporate City Limits per Ordinance No. 686.
3. Developer enter into a Development Agreement that provides in the
event the conditions therein are not met by the Developer that the property shall be
subject to de-annexation, with the City of Meridian, which provides for the following
conditions of development, to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
3.1
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12-4-13. 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.
3.2
Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
3.3
Streetlights shall be required at locations designated by the Public
Works Department. Ail streetlights shall be installed at subdivider's
expense. Typical locations are at street intersections and/or fire
hydrants. Final design locations and quantity are determined after
Idaho Power Company completes power designs. Street light contractor
to obtain design and permit from the Public Works Department prior
commencing installations.
3.4
Compaction test results shall be submitted to the Meridian Building
Department for all lots receiving engineered backfill.
3.5
Off-street parking shall be provided in accordance with City of Meridian
Zoning and Development Ordinance and/or as detailed in site-specific
requirements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-01-001 )
Page 18
3.6
3.7
Paving and striping shall be in accordance with the standards set forth
in the City of Meridian Zoning and Development Ordinance and in
accordance with Americans with Disabilities Act (ADA) requirements.
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer for all
off-street 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.
3.8
3.9
3.10
3.11
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance.
All signage shall be in accordance with the standards set forth in the
City of Meridian Zoning and Development Ordinance. No temporary
signage, flags, banners or flashing signs shall be permitted.
Provide five-foot-wide sidewalks throughout development in accordance
with City Ordinance.
All construction shall conform to the requirements of the Americans
with Disabilities Act.
3.12
The applicant has submitted a list of proposed uses which, although not
allowed for in the C-C or C-G zone in their entirety, may be allowed as
part of a planned development. Some of the uses are not defined in
Meridian's Zoning and Development Ordinance, while other uses listed
may be prohibited outright in the Zoning Schedule of Use Control. The
list appears a little too alMndusive and needs further refinement. P&aZ
Commission and City Council carefully shall consider all proposed uses
so an acceptable development agreement shall be drafted. The City
Council requires that the following uses not be permitted outright, but
require additional approval under the conditional use permit process:
Sales Lots
Automobile Repair Shop
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-01-001 )
Page l9
All drive-through/drive-up window establishments
All child care facilities
Communication towers
Nursing Homes (this was listed as both a proposed use and a prohibited
use by the applicant)
Missions; Food Irdtchens
Private schools
Shelter home
The Planning and Zoning Commission and City Council requires that the
following uses be included in the list of permitted uses:
Electrical Supplies and Appliances
Electronic Equipment and Products
Greenhouses, Nurseries
Hotels/Motels (these would likely require a variance to height
regulations unless a height variance is specifically approved as part of
this application; the applicant has requested a height of 50 feet to
highest parapet)
Molded Plastic Products
PuNic Service Facilities
Public and Quasi-puNic Uses
Restaurants
The Planning and Zoning Commission and City Council further
requires that all residential uses listed be strictly prohibited unless
approved as a planned unit development under a separate conditional
use process.
3.13 A Development Agreement shall be required as a condition of
annexation.
4. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real property
which is the subject of the application to (C-C) Commercial Business District and (C-G)
General Retail And Service Commercial, and Meridian City Code § 11-7-2 I and K.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-01-00 l)
Page 20
5. Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Worlcs Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided in
Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and
zoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the annexation and zoning and who may within twenty-eight (28) days after the date
of this decision and order seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action of the City Council at its regular meeting held on the
of /~,4~ , 2001.
ROLL CALL
COUNCILMAN RON ANDERSON
day
VOTED
COUNCILMAN KEITH BIRD
VOTED
COUNCILWOMAN TAMMY deWEERD
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FORANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-01-001 )
VOTED
Page 21
COUNCILWOMAN CHERIE McCANDLESS
VOTED__~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED:
VOTED
MOTION:
APPROVED:~ DISAPPROVED:__
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
Dated:
\~NPA_NTS40_PDC~SERVER_Z~Work~vlWIeridianX~Meridian 15360NKSilverstone Corp Centr
002~ZFfClsOrder.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-01-001 )
Page 22