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HomeMy WebLinkAboutSilverstone REV. AZ-01-001BEFORE THE MERIDIAN CITY COUNCIL C/C 04-03-0! Revised 07/12/01 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-OI-O01 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 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 GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/ (AZ-Oi-O01) Page i Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeLs prior to said public hearing 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 (I 5) 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 comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code fi$ 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/ (AZ-O i-O0 ~ ) 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 Botmdary. 4. The property which is the subject of the application for annexation and zo~fing 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 comer 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 Boise, Idaho. 7. Applicant is owner of record. 8. The property is presently zoned by Ada County as R-1 and RUT, 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. 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) The city limits of the City of Meridian are adjacent and abut the subject property. 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 17 lot subdivision as a planned development. 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 Suthefland Farm, inc. dated February 5, 2001, which requ.est 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 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 ) imposed: 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 to commencing installations. 17.4 Compaction test results shall be submitted to the Meridian Building Department for all building pads 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 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) 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 Page 5 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. 17.8 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 17.9 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. 17.10 Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 17.11 Ail construction shall conform to the requirements of the Americans with Disabilities Act. 17.12 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 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. See Exhibit C of the Development Agreement for permitted, conditional and prohibited uses. 17.13 A Development Agreement shall be required as a condition of annexation. 1 $. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/ (~Z-01-001 ) Page 6 condition of annexation and zoning designation. If appropriate, a Latecomer Agreement shall be entered into between the City and the Owner/Developer which shall require partial reimbursement by other water and sewer users connecting to the lines installed by the Owner/Developer. 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 intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 20. It is found that the zoning of the subiect 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 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-O~-O0~) 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 expansion 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 matter. 21.3 21.4 21.5 21.6 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 services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. Compatible and efficient use of land through innovative and fm~dtionaI 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. 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/ (6Z-01-00 ~) Page 8 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 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: The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make 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 Page 9 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) 4.3 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. 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. 4.4 4.5 4.6 4.7 To provide housing opportunities for all economic groups within the community. To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self- sufficient community. 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. 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 dearly identifiable. 4B. The sections of the Comprehensive Plan that most directly apply to .the proposed 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 10 project are as follows: 4.1 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." 4.2 Goal 5 is "to preserve and improve the character and quality 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 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 conm~ercial or industrial developments should be harmonized with the natural environment and respect the unique 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 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 11 1.5U Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community. 1.6U 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, 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 mixed-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, Frank/in and Overland Roads, high-quality visual appearance is essential. All development proposals in this area will be subject to 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 12 development review guidelines and conditional use permitting procedures. 5.15UThe mixed-use area in the vidnity 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 drainageways 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 5.2 All new developments will be phased for connection to the municipal water system within the Urban Service Planning Area. 5.4 Adequate water supply will be available for fire protection. 5.5 All development in the USPA shall be required to connect to the municipal sewer system. 5.8U 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. 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-Oi-Om) Page 13 1.10URequire traffic studies evaluating the impact of generated traffic volumes (internal and external circulation) on adjacent streets and to preserve the integrity of residential neighborhoods, as requested by the City. Open Space, Parks and Recreation 3.1 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. Community Design 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 frmn view. 2.1U Encourage area beautification through uniform sign design that enhances the community. 2.3U Encourage the beautification of streets, parldng 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. 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/ (?2-0 bOO 1 ) Page 14 5.2 Ensure that all new development enhances rather than detracts from the visuaJ quality of its surroundings, especially in areas of prominent visibility. 5. The zonings of Community 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 parldng facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal water and sewer systems of the City. (C-G) General Retail And Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel- related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a mixed/planned use 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 Butt vs. The City of 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 15 Idaho Fall~, 105 Idaho 65,665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 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 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 commitment 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 commitment 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOK ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/ (AZ-O 1-001) Page 16 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 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, exdusive 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. 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 1-001) Page 17 3.2 3.3 3.4 3.5 3.6 3.7 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. 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 to commencing installations. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 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 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. 3.8 3.9 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. 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-O0 i) Page 18 3.10 Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 3.11 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 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. See Exhibit C of the Development Agreement for permitted, conditional and prohibited uses. 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. 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 § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION 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 1-001) Page 19 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 / 7 ~/~-- day ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED VOTED_~a~- VOTED VOTED MAYOR ROBERT D CORRIE (TIE BREAKER) DATED: 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) VOTED Page 20 MOTION: APPROVE D~i~------~ I SAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. City Clerk \~NPA_NTS40_PDC~SERVER_Z~WorkWi'xMeridiankMerldian 15360Iv~Silverstone Corp Centr O02~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-Ol-OO1) Page 21