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HomeMy WebLinkAboutSilverstone REV. CUP-01-002BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04-03-01 Revised 07/12/01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A COMMERCIAL PLANNED UNIT DEVELOPMENT AND FLOODWAY APPROVAL IN PROPOSED C-C AND C-G ZONE, LOCATED AT THE SOUTHEAST CORNER OF OVERLAND AND EAGLE ROADS, MERIDIAN, IDAHO SUNDANCE INVESTMENTS LIMITED PARTNERSHIP OR ASSIGNS APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-01-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on March 20, 2001 and continued until April 3, 2001, at the hour of 6:30 p.m., at Meridian City Hail, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning A&rdnistrator, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - i who conducted a public hearing and the Coundl having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to- ~vit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 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 (1 $) days prior to said hearing and with the notice o£ public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the March 20, 2001 and continued until April 3, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning iurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17- 5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in C-C and C-G zones and by reason of the provisions of the Meridian City Code § I 1-17-4, a public hearing was required before the City Council on this application. 4. The property is located at the southeast corner of Overland Road and Eagle Road, Meridian, Idaho. 5. The owner of record of the subject property is Sundance Investments Limited Partnership of Boise, Idaho. 6. Applicant is owner of record. 7. The subject property is currently zoned R-1 and RUT. However, there is an application before the City Council for annexation and zoning to C-C and C-G. The zoning districts of C-C and C-G are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a mixed/planned use development and floodway approval. The C-C and C-G zoning designations within the City of Meridian Zoning and Development Ordinance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 require a conditional use permit. The C-C and C-G zoning designation within the City Of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. Meridian City Zoning and Development Ordinance, Section 11-8-1 ). 9. The Meridian City Council recognizes that the proposed application is ~n compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Tides 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 providing services to the subject real property within the planning jurisdiction of the City of Meridian: Adopt the Recommendations of the Planning and Zoning staff and Engineering staff as follows: 12.1 12.2 12.3 12.4 This Conditional Use Permit is for the overall concept and mixture of uses. Significant changes to the plan in relation to layout and use as proposed shall require modification of the CUP. Slight modifications that comply with the overall development plan approval shall not require future public hearings. Planned Development Regulations: As a mixed/planned use development, the Silverstone Corporate Center shall comply with the following sections of the subdivision ordinance: 12-6-4 Procedures for Planned Developments, 12-6-6 General Regulations for Planned Development, and 12-6-7 General Standards for Planned Developments. All commercial and office uses shall comply with 12-6- 8-B, Design Standards for Planned Development-Commercial. The City Council further requires that a conditional use permit be required if the applicant proposes a tavern/lounge. Site Plan: The copy of the single-story building master plan submitted with the application does not appear to be to an accurate scale. Detailed review of the site plan is not possible; only the concept is being reviewed. Detailed site plans that meet all parking lot dimensional and landscaping standards per City Ordinance shall need to be reviewed and approved during the building permit process. Open Space: All Planned Developments (PD) are required to have at least 10% of the gross land area of the PD as common open space per City Ordinance Section 12-6-7-E-5. The total common open space calculation for Silverstone Corporate Center is not shown. Applicant shall provide calculations showing how this minimum criteria is met. The City's well lot shall not be considered for inclusion in this requirement if reimbursement is sought for the value of the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 12.5 12.6 12.7 12.8 12.9 12.10 Parldng Lot Landscaping: Landscape islands serving a single row of parldng shall have one tree. Islands serving a double row of parking shall have two trees. A planting island shall be provided to break up the asphalt every 12 continuous stalls. The site plan submitted does not meet this requirement. The detailed landscape plan for the Silverstone Point building is at a scale and meets or exceeds all landscaping requirements. Ail site plans shall be reviewed at the building permit stage to ensure compliance with the Meridian Landscape Ordinance. Review of the overall site plan is general only, and specific review shall occur upon application for building permits. Streets and Circulation: The proposed project is designed as a stand- alone development with no provision for access to other properties. Signage: Although signage locations are noted on the plan, no details of proposed signage were included. Applicant shall be responsible for proposing a sign program for the entire development as part of the conditional use process. Trash Enclosures: Very few trash enclosures are shown on the Conceptual Site Plan. Applicant shall coordinate locations and construction requirements of the required trash enclosures with Meridian Sanitary Service, Inc., and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance. Alternative Transporta[ion Options: At build-out, this site shall serve as a principal center of employment for the east Meridian/~vest Boise area. While Boise Urban Stages does not currently service Overland Road, it has the potential to be a likely destination point for mass transit in the future. The City Council strongly requires an area be designated and/or preserved on the Concept Plan for a future bus stop. Also required is the inclusion of bicycle ratios at all office and retail buildings. All conditions placed on this application shall run ~vith the land and shall not lapse or be waived as the result of any change in tenancy or ownership of any or all of the lands governed by this CUP application. All such conditions shall be deemed the requirements for the issuance of a Certificate of Occupancy for any use or structure as per City Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 12.11 Applicant shall comply with ACHD requirements, and which requirements are attached hereto as Exhibit "A" and dated March 14, 2001, and consisting of twelve (12) pages, or as may be amended from time to time. Adopt the Recommendations of the Central District Health Department as follows: 12.12 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health Welfare, Division of Environmental Quality. 12.13 Run-off is not to create a mosquito breeding problem. 12.14 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality, or if other means of pretreatment of storm water discharge is provided, then Applicant shall furnish to the Public Works Department a copy of the proposed Operation and Maintenance Manual, including a schedule of regular maintenance for the drains. A commitment shall be required that in the event the drains do not effectively work, either through problems with design or maiutenance, development of new plans for a means to pretreat the storm water discharge shall be required. 12.15 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 in violation of applicable laws and regulations. Adopt the Recommendations of the Meridian Fire Department as follows: 12.16 All codes relating to fire hydrants and fire sprinlder systems shall be nlet. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as Mixed/Planned Use Development". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. {367-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code {3 11-17- 3) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; uses; Will not be hazardous or disturbing to existing or future neighboring e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in the Commercial Business District (C-C) and the General Retail And Service Commercial (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Condkional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - i 1 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a planned commercial development and floodway approval in C-C and C-G zones at the southeast corner of Overland Road and Eagle Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning staff and Engineering staff as follows: 1.1 1.2 This Conditional Use Permit is for the overall concept and mixture of uses. Significant changes to the plan in relation to layout and use as proposed shall require modification of the CUP. Slight modifications that comply with the overall development plan approval shall not require future public hearings. Planned Development Regulations: As a mixed/planned use development, the Silverstone Corporate Center shall comply with the following sections of the subdivision ordinance: 12-6-4 Procedures for Planned Developments, 12-6-6 General Regulations for Planned Development, and 12-6-7 General Standards for Planned Developments. All commercial and office uses shall comply with 12-6- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 1.3 1.4 1.5 1.6 1.7 1.8 8-B, Design Standards for Planned Development-Commercial. The City Council further requires that a conditional use permit be required if the applicant proposes a tavern/lounge. Site Plan: The copy of the single-story building master plan submitted with the application does not appear to be to an accurate scale. Detailed review of the site plan is not possible; only the concept is being reviewed. Detailed site plans that meet all parldng lot dimensional and landscaping standards per City Ordinance shall need to be reviewed and approved during the building permit process. Open Space: All Planned Developments (PD) are required to have at least 10% of the gross land area of the PD as common open space per City Ordinance Section 12-6-7-E-5. The total common open space calculation for Silverstone Corporate Center is not shown. Applicant shall provide calculations shmving how this minimum criteria is met. The City's well lot shall not be considered for inclusion in this requirement if reimbursement is sought for the value of the property. Parking Lot Landscaping: Landscape islands serving a single row of parking shall have one tree. Islands serving a double row of parldng shall have two trees. A planting island shall be provided to break up the asphalt every 12 continuous stalls. The site plan submitted does not meet this requirement. The detailed landscape plan for the Silverstone Point building is at a scale and meets or exceeds all landscaping requirements. All site plans shall be reviewed at the building permit stage to ensure compliance with the Meridian Landscape Ordinance. Review of the overall site plan is general only, and specific review shall occur upon application for building permits. Streets and Circulation: The proposed project is designed as a stand- alone development with no provision for access to other properties. Signage: Although signage locations are noted on the plan, no details of proposed signage were included. Applicant shall be responsible for proposing a sign program for the entire development as part of the conditional use process. Trash Enclosures: Very few trash enclosures are shown on the Conceptual Site Plan. Applicant shall coordinate locations and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 1.9 1.10 construction requirements of the required trash enclosures with Meridian Sanitary Service, Inc., and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance. Alternative Transportation Options: At build-out, this site shall serve as a principal center of employment for the east Meridian/west Boise area. While Boise Urban Stages does not currently service Overland Road, it has the potential to be a likely destination point for mass transit in the future. The City Council strongly requires an area be designated and/or preserved on the Concept Plan for a future bus stop. Also required is the inclusion of bicycle racks at all office and retail buildings. All conditions placed on this application shall run with the land and shall not lapse or be waived as the result of any change in tenancy or ownership of any or all of the lands governed by this CUP application. All such conditions shall be deemed the requirements for the issuance of a Certificate of Occupancy for any use or structure as per City Ordinance. 1.11 Applicant shall comply with ACHD requirements, and which requirements are attached hereto as Exhibit "A" and dated March 14, 2001, and consisting of twelve (12) pages, or as may be amended from time to time. Adopt the Recommendations of the Central District Health Department as follows: 1.12 1.I3 1.14 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. Run-off is not to create a mosquito breeding problem. Stormwater shall be'pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality, or if other means of pretreatment of storm water discharge is provided, then Applicant shall furnish to the Public Works Department a copy of the proposed Operation and Maintenance Manual, including a schedule of regular maintenance for the drains. A commitment shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 met. required that in the event the drains do not effectively work, either through problems with design or maintenance, development of new plans for a means to pretreat the storm water discharge shall be required. 1.15 The Engineers and architects involved w/th the design of the subject project shall obtain current best management practices for storm~vater disposal and design a stormwater management system that prevents groundwater and surface water degradation in violation of applicable laws and regulations. Adopt the Recommendations of the Meridian Fire Department as follows: 1.16 All codes relating to fire hydrants and fire sprinlder systems shall be 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit and floodway approval may within twenty- eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the dayof J~ ,2001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED /7<-4. COUNCILMAN IGEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED._~ VOTED VOTED MAYOR ROBERT O. CORRIE (TIE BREAKER) DATED: 7--/7~'a / VOTED MOTION: APPROVED~- DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attomey. Dated: 5~&~S40_PD~SER~Work~eridian~etidian 15360~ilverstone Corp Centr ~01-00i PP01-0 002~fCIsCUP01-002.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary. Plat- Silverstone Corporate Center s/e/c Overland Road/Eagle Road MPP-01-001,~ICUP-01-00ZzMAZ-01-00 l 15 -lots The application has been referred to ACHD bv the City of Meridian for review and comment. Silverstone is a 15-tot office/commercial subd'ivision on 7g-acres. The applicant is requesting a rezone fi-om R-1 to C-C/C-G. The site is located at the southeast comer of Overland Road and Eagle Road. This development is estimated to generate 9,629 addilional vehicle trips per day based on the submitted Ira.fflc impact study. This item is being placed on the re~ular agenda due to concerns of the applicant regarding stub streets and driveways, and also concerns from the property, owner to the south regarding access through this site. Roads impacted by this development Overland Road Eagle Road Interstate 84 ACHD Commission Date - March 14, 2001 - 6:30 p.m. REGULAR AGENDA ITEM Facts and Findings: Silve,~tone.cmm P~e 1 A. General Information Owner - Sundance Investments Applicant- Larson Architects, Quadrant Consulting R-1 - Existing zoning (Iow-density residential) C-C/C-G - Proposed zoning (general commercial) 71t - Acres 15 - Proposed buildkng lots 1 -Proposed common lots 640 - Total lineal feet of proposed public streets 9,629 - Total vehicle thps per day 285 - Traffic Analysis Zone (T,~,) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Overland Road Ivlinor arterial wi~h bike lane designation Traffic count of 13,551 on 11-30-99 (e/o Eagle Road) Traffic count of 11,422 on 11-30-99 (w/o Eagle Road) D-Existing Level of Service Greater than E-Existing plus project build-out Level of Service 1,300-feet of frontage 50-f~t existing right-of-way (25-feet from centerlIne) 54 to 48-feet required right-of-way from centerline Overland Road is improved with 2-tanes with no curb, gutter or sidewalk abutting the site. There is a southbound turn lane on Overland Road at the Eaele Road intersection. The Overland/Eagle Road intersection currently operates at a level of service F. Ea~,Ie Road Minor arterial with bike lane designation Traffic count of 19,790 on 11-30-99 (n/o Overland Road) Traffic count of 7,498 on 2-2-00 (s/o Overland Road) Traffic count of 44,397 on 10-19-99 (n/o 1-84) C-Existing Level of Service D-Existing plus project build-out Level of Service 2,600=feet of frontage 50-fe~ existing fight-of-way (25-feet from centerlIne) 52 to 48-feet required right-of-my from eenterline Abutting the site Eagle Road is improved with two lravel lanes, with no curb, gutter or sidewalk. North of Overland Road Eagle Road widens to 5-lanes. North of 1-84 Eagle Road is under the jurisdiction of lTD. Silver~torle.¢mm Pa~e 2 Interstate g4 Traffic count of O-feet ofl~onrage Interstate 84 is three lanes eastbound and three lanes westbound. There is an "ON" and '*OFF" ramp at Eagle Road. The Overland/Eagle Road and MeridiardOverland Road intersections operate at a Level of Service F (LOS F), and are listed as one of the 100 most critical intersections in Ada County. Access control within the operating area of the intersection i~ vital to the safe operations of the intersection. The subjec~ site's additional traffic will exacerbate the traffic problems at these intersections. On March 2, 2001, the rtaffmet as the Dirtr/cfs Technical Review Committ~ and reviewed the impacts of this proposed development en the Districgs transportation system. The results o£that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. A traffic study was submitted for the SilverStone Corporate Center in Meridian, Idaho. The kev · findings of the traffic study include the following. ' · The proposed development is projected to generate an average daily traffic (AZ)T) of 9,629 vehicles per day (vpd), of which the peak hour traffic (PHT) is 1,021 vehicles per hour (vph). · At build out, the project will add 6,3 l 7 vehicles per day to Eagle Road north oflthe site. oflthese tr~ps 847 will tcdce the westbound[-84 ramp, 2,504 will travel eastbound on [-84, and the remaining 2,966will continue to the north. An additional 1,100 vehicles per day will travel south of the site on Eagle Road. The project will add 1,380 vehicles per day to Overland Road east of the site and 850 vehicles per day wart of the site. ' · The intersection of Eagle Road and Overland Road is currently operating at Level of Service (LOS) F. It will operate at LOS F under background traffic conditions with or without the site being developed. This development should be required to participate in improvements to this intersection to bring it to an acceptable level of service. ' · The in~rsections of Eagle Road and the eastbound and westbound off-ramps of 1-84 will function at an acceptahle level of serv/ce with the addition of site traffic. This assumes that the proposed signs/on the eastbound off-ramp is constructed by ITD. · The. intersection of Eagle Road and Franklin Road will operate at LOS F with or without the project. Improvements to this intersection will require additional fight-of-way and coordination with other projects. Since the majority of the traffic will be coming from other ~owth in the area, widening of this intersection should be considered by the ACHD and ITD~' · The intersection of Overland Road and Meridian Road will operate at LOS Funder background traffic conditions and LOS F with the addition of site traffic. Additional lanes are required to make this intersection operate at an acceptable LOS D. This intersection is within the limits cfa .proposed project by ACHD. The site traffic should be included in the planning of the ACHD maprovements project. · The intersection of Overland Road and Cloverdale Road will require improvements to operate at LOS E. This area will probably see development in the coming years. It is recommended that the project will contribute to the future reconslraction of this intersection. Silverstone. emro Page 3 · The intersection of Overland Road and Five Mile Road will suffer a small increase in delay due to project lraffie. Other growth will contribute to most of the deterioration of the intersection. The project should not be required to participate in the reconxtrucrion of this intersection. · The intersection of Eagle Read and Victory Road will operate at an acceptable ~evel of service. LOS E, after the build out of this project. · Eagle Road south if the project will operate at an acceptable level of service after build out of the project. The site should conWibute right-of-way for future roadway expansion. Since Eagle Road is on a section line, it is assumed that the future roadway will be a five-lane road. · Eagle Road north of the site will operate at an acceptable lev~l of service after build out of the project. . · Overland Road west of Eagle Road will operate at an acceptable level of service for a three-lane road. A three-lane road is proposed to be built by ACHD on this section ofroadwav. · Overland Road east of Eagle Road will operate at a poor level of service after build'out of the project. The project should be required to dedicate right-of-way for a five-lane future roadway. In the interka, the project should be required to construct a rial;hr-tam lane and a Iei~-tam lane ~or the full ~ontage of the project along Overland Road. · The project should be required to construct a signal at the main entrance to the site on Eagle Road and to the main entrance to the site on Overland Road. Each si~onal will require a left-tam lane and a right-tam lane. ' E. The applicant is proposing to construct two driveways on Overland Road and one public street connection. The proposed accesses are located: ' 400-feet east of Eagle Road (western driveway) · 690-feet east of Eagle Road and 265-f~t east of western driveway (middle driveway) · 1,070-feet east of Eagle Road (public stree0 Dis~ct policy 7204.7.3 s~ates that access points on arterials are based on the following: ':' One access point for less than 150-feet of fi'enrage · :' Two access points for 150-600-feet offi'ontage ',*' Three access points for greater than 600-feet of frontage. Access points are considered to be both public streets and driveways. · The applicant is proposing to construct three access points on Overland Road in accordance with Dislriet policy. The ACHD Commission approved these thr~ access points on Overland Road. F. The applicant is proposing to conslruct five driveways on Eagle Road and one public street connection. The proposed accesses are located: · 400~feet south of Overland Road (northern driveway) · 690-feet south of Overland Road and 26S-feet south of northern driveway (northern middle driveway) · 420-feet south of northern middle driveway (middle driveway) · 1,590-feet south of Overland Road (public strut) 410-feet south of public street (southern driveway) · At the south property line (shared southern drive~ay) District policy 7204.7.3 states that access points on arterials are based on the following: q' One access point for less than 150-feet of fi'enrage Silver, tone. cram · :* Two access points for l~0-600-feet of frontage · :* Three access points for ~eater than 600-feet of frontage. Access points are considered to be both public streets and driveways. The applicant is proposing to construct six access points on Eagle Road. Dis~ct policy allows three access points. Six access points would require a variance from the Commission. Staff recommends adherence of policy because the applicant is constructing a public street through the site and should have sufficient access internally and with three access points (two driveways and one public stre~t) on Eagle Road. The proposed driveways are located on shared proper~ lines and staff recommends that the applicant construct a driveway at the south property line t'o provide for future shared ~ccess with the parcel to the south; the spine road connection, and a second driveway located north of the spine road, but located a minimum of 440-feet south of Overland Road. The applicant does not concur with staff's recommendation on the number of access points on Eagle Road, and will provide information to the Commission requesting a modification of policy. The ACHE) Commission approved three access points on Eagle Road with this application. One access point shall be located at the south property line, and shall be constructed as a shared driveway. The second access point shall be the proposed public road, located as proposed.-The third access point shall be Iocated a minimum of 440-feet south of Overland Road, and a mM~mum 440-feet north of the proposed public street that will be signalized in the fulure. The applicant is proposing to construct a spine road through the site with connections at Overland Road and Eagle Road. Due to the volumes of traffic th/s development is e.'qoected to generate, the applicant should construct this roadway as a 46-foot street section with curbs, gutters and sidewalks. If the applicant constructs ~ttached sidewalks, the sidewalk should be consmacted 7- feet wide, and the street should be conslructed within 64-feet of right-of-way. If the applicant constructs detached sidewalks, the sidewalk should be constructed S-feet wide, and the street should be constructed within'70-feet ofright-of-way. Parking should be res~i~ted onthe proposed street, and the applicant should submit a signage plan prior ~ final plat approval. The applicant's site plan indicates a tta~c signal on Overland Road atthe intersection with the proposed public street, located appro,,dmately ¼-mile east of Eagle Road, and one on Eagle Road located approximately 1/3-mile south of Overland Road. It is not clear fi.om the apphcant's proposal if the intent is for the tr~c signals to be constructed with the project, or fi`they are shown on the plan as "future". Accord~n~ to the submitted traffic study, at full build-out, the project should be required to construct th~ signals, and the necessary site improvements assoc/ated with the signals: left-mm lanes and right-mm lanes. Based on ACHD Commission act/on, ~'affic signals cannot be installed at these intersections until there is a warrant. The applicant's ~raffic engineer should work with ACHD Traffic Services staff to determine when the warrant is met, or is close to being met The developer should be financially responsible for the cost of one-half of the signal. If the properties across from this subdivision have not be~ developed prior to the signal warrant: the applicant ofth/s site shall fund 100% of the cost of the signals. At the time that those prOPerties develop, a road 'east will be acquired and this applicant shall be re~nbursed for one half of the cost of the signal. This applicant should enter into a written agreement with the Dis~ct for these two tra~c signals. Silverstone. cram '/I" Mo The applicant should be required to construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for full access driveways. The roadways are currently only 2-lanes in width, and the submitted lraffic study detcrrn~ned that these l~nes should be required. The applicant is proposing to construct islands at the main entrances to the proposed spine roads. The islands may interfere with taming movements at the signals. The applicant should coordinate the intersection designs with District Traffic Services staft~. Driveways on the proposed spine mad should be located a minimum distance of 175-feet from Eagle Road and Overland Road, and should align or offset a minimum of 125-feet from any proposed driveways. The site plan shows driveways on the proposed s~'eet located within 25-feet of other proposed driveways, and some of the driveways are constructed with medians: such a configuration is confusing to the motorist. The applic~t should revise the site plan and relocate driveways in accordance with district policy. The applicant is proposing to construct a large island in the middle of the spine road, with driveways on both sides. The driveways are located so that motorists could make unsafe left turns from the driveways. The applicant should either: construct the island as a true roundabout eliminate the driveways; or eliminate the island. The applicant is proposing to construct a local street off of the spine road. The location of the sweet conforms to ACHD policy. The street should be consmacted as a local/commercial street: 40-foot sa'eot section with curbs, gutters and 5-foot wide concrete sidewalks within 5g-feet of rift-of-way. Atthe meeting on March 14, 2001, the applicant submitted a drawing indicating that Iris street would be stubbed to the undeveloped gO-acre property to the east. Based on the applicant's testimony, and the need for interconneetivity the ACHD Commission required this stub street as a condition of approval. The stub street should be constructed to the east property line between: Lot 5 and Lot 6, Block 1. The applicant should provide a paved temporary turnaround at the east end of the stub with a temporary, easement provided to the District. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and tile design of the turnaround with District staff. Utility s~eet cuts in pavement less than five years old are not allowed unless approved in writing by the Diswict Contact Construction Services at 387-6280 (with file numbers) for details. Irr/gation facilities should be relocated outside of the new right-of-way on Overland Road and Eagle Road. Silvemtone. cmm P~e 6 Wo All utili .ty relocation costs associated with improving strect frontages abutting the site should be borne by the developer. The applicant is not proposing to conslmct any stub streets to the undeveloped parcels to the south. District policy requires stub slrects to provide access to adjoining properties. The parcel to the south is 2?-acres, and that property, owner also owns several surrounding properties. The prope,,~y owner to the south of this site (Sutherland Farms) has requested that the applicant be required to construct a stub street to serve his property, and also conslruct an east-west collector slrect along the common property, line to serve his property.. It is Likely that the property, to the south will develop as residential, ~s is desigmted in the City of Meridian Comprehensive Plan. The applicant has agreed to conslruct a driveway at the sou~h property line that would serve as a shared access with the properly owner. Staff dc~es not recommend that the applicant be required to eonsmact an east-west collector slrect along the south property line, as the applicant is conslructing a collector roadway through the site and it is not needed along the south property. line. If the applicant constructs'a ~ub strect to the property to the south, the minimum length of the road would be 7$0-fect. The average coslto build a local strect is $80/IInear foot. The approximate cost to construct a stub slrect to the south property line would be $60,000. Staff does not recommend the construction of a stub street to the south property, line. The applicant is opposed to the construction of any stub slrects to surrounding properties. At the Commission meeting on March 14, 2001, a representative of the parcel to the south testified on behalf of Sutherland Farms and requested a stub street to the south property, line. The ACHD Commission required the consmaction of a shared driveway at the south propem,, line, but did not require the consmction of a stub street to the south. ' In accordance with Dislriet po/icy, ~he applicant should be required to conslruct a 5-foot wide concrete sidewalk on Overland Road abutting the entire site. Coordinate the location and elevation of the sidewalk with Dislrict staff. In accordance with Disthct policy, the applicant should be required to construct a 5-foot wide concrete sidewalk on Eagle Road abuttin~ the entire site. Coordinate the location and elevation of the sidewalk with Dis~ict staff. - Any proposed landscape islands/medians within the public fight-of-way dedicated bv this plat should be owned and maintained by Silverstone owners. Notes of this should be rer~uired on the final plat. In order to reduce Mps to and from this development it is recommended that Tenants occupying the proposed building be required to provide an Alternative Transportation Pro.am for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Pat Nelson at 387-6160. In order to reduce ~ps to and from this development, it is recommended that the tenants occupying the proposed building(s) be required to participate in eny Transportation Management Silver,tone. emro Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary, that includes this site or is adjacent to this development. A Transportation Management Association (T~L~.) or Transportation Manaeement Organization ('I2v[O) is formed with a coordinator that works as a liaison between busine~sses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, carpools, bicycle and walking enhancements). ' An annual survey will be required of the TMA/TMO to monitor participation in alternative transportation pro~m-ns and forwarded to 'die ACHD Commuteride Office. Based on development patlems in this area and the resulting traffic generation, staff anticipates that the transportation system will not be adequate to accommodate additional traffic generated by this proposed developmen~ at accepted levels of service with out modifications to Eagle Road and Overland Road, and the inter~ectioru Special Recommendation to ITl): According to the submitted traffic study, the proposed development is projected to generate an average daily traffic (ADT) of 9,629 vehicles per day (vpd), of which the peak hour traffic (PHT) is 1,021 vehicles per hour (vph). At build out, the project will add 6,317 vehicles per day to Eagle Road north of the site, of these ~ps 347 will take the westbound 1-34 ramp, 2,504 will travel eastbound on I-g4, and the remaining 2,956 will continue to the north. Special Recommendation to Ci~ of Meridian: In order to reduce Irips to and ~om this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Pro~xam for employees and provide an annual report to ACHD on employee participation. ~ommuteride staffwill coordinate the Alternative Transportation Program with the applicant. For more information contact Ms. Pat Nelson at 387-~160. In order to reduce Wips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed wifia a boundary that includes this site or is adjacent to this development. The OverlandfEagle 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 conh'ol within tile operating area of the intersection is vital to the safe operations of the hitersecfion. The subject site's additional ~'affic will exacerbate the traffic problems at these intersections. Based on development patterns in ~is area and the resulting ~raffic generation, staff anticipates that the Itausportation system w/ll not be adequate to aecornmodate additional traffic generated by this proposed development at accepted levels of service with out modifications to Eagle Road and Overland Road, and. the intersection. Silverstone. emro The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specffic Requirements: Dedicate 54 to 4g-feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation ora fad subdivision plat or execution ora warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. ,allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. 'I-ne owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACI-/D right-of-way. Dedicat~ 52 to 48-feet of right-of-way bom the centerline of Eagle Road abutting the parcel by' means of recordation of a final subdivision plat or execution ora warran~ d~d prior to issuance ora building permit (or other required permits), whichever occurs ftrst..allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair markst value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. The following access points on Overland Road are approved with this application: 400-feet east of Eagle Road (western driveway) 690-feet east of Eagle Road and 265-feet east of western driveway (middle driveway) · 1,070-feet east of Eagle Road (public street) The following access points on Eagle Road are approved with this application: · A minimum of 440-f~t south of Overland Road and a minimum 440-feet north of the proposed public s~reet. · 1,590-feet south of Overland Road (public street) · At the south property line (shared southern driveway) Construct a spine road through the site with connections at Overland Road and Eagle Road, located as proposed. Conslmct the roadway as a 46-foot street section with curbs, gutters and sidewalks. If the applicant constructs attached sidewalks, the sidewalk shall be constructed 7- feet wide, and the str~t shall be constructed within 64-feet of right-of-way. If the applicant constructs detached sidewalks, the sidewalk shall be constructed 5-feet wide, and the sheet shall be constructed wiltfin 70-feet offi~t-of-way. Parking shall be restricted on the proposed street. and the applicant shall submit a signage plan prior to final plat approval. TNs applicant should enter into a whtten a~eernent with the Dislrict for the construction, timing and funding of the two proposed traffic signals: one on Overland Road located at the quarter- mile, and one on Eagle Road at approximately the half-mile. ' Silver~tone. mm P~ge 9 10. 11. 12. 13. 14. 15. 16. 17. Traffic signals cannot be installed at these intersections until there is a warrant. The applicant's traffic engineer should work with ACHD Traffic Services staff to determine when the warrant is met, or is close to being met. The developer shall be financially responsible t'or the cost of one- half of the signal. If the properties across fi.om th/s subdivision have not been developed prior to the signal warrant, the applicant of this site shall fund 100% of the cost of the signals. At the time that those properties across the street develop, a road trust will be acquired and this applicant shall be reimbursed for one half of the cost of the si_rural. Construct center mm lanes on Overland Road and Eagle Road for the proposed public s~reet intersections and for full access driveways. The applicant shall coordinate the intersection designs with District Traffic Services staff. Driveways on the proposed spine road shall be located a minimum distance of 175-feet fi.om Eagle Road and Overland Road, and shall align or offset a minimum of 125-f~t from any proposed driveways. The applicant is proposing to construct a large island in the middle of the spine road, with driveways on both sides. The applicant shall: construct the island as a true roundabout; eliminate the driveways; or eliminate the island. Stub Titanium Way to the east property line between Lot 5 and Lot 6, Block 1. Conslruct Titanium Way as a 40-foot slreet section with curbs, gutters and 5-foot wide concrete sidewalks within 58-feet of right-of-way, with a smudard turnaround atthe south end. Provide a paved temporary turnaround atthe east end of the slnb with a temporary, easement provided to the District The applicant should be required to install a sign at the terminus of the road~vay staling that, "THIS ROAD WILL BE EXTENDED IN THE FLrrURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. Utilily street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 38%6280 (with file. numbers) for details. Irrigation facilities shall be relocated outside of the new right-of-way on Overland Road and Eagle Road. All utility, relocation costs associated with improving street frontages abutting the site shall be borne by ~e developer. Construct a 5-foot wide concrete sidewalk on Overland Road abutting the entire site. Coordinate the location and elevation of the sidewalk with District staff. Construct a 5-foot wide concrete sidewalk on Eagle Road abutting the entire site. Coordinate the location and elevation of the sidewalk with District staff. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall owned and maintained by Silverstone owners. Notes of this shall be required on the final plat. Silver~tone. crnm Pa~_e 10 18. Other than the access points specifically approved with fi'ds application, direct lot or parcel access to Overland Road and Eagle Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall he made in writing to the ACHD Planning and Development Supervisor. The request shall soeciflcallv identif-/each reauirement to be reconsidered and include a written e,,mlanation of why such a renuirement would result in a substantial hardshin or inequity. The written reauest shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the nex't available meting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District smffto remove the item fi-om the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed fi~om the agenda by the Commission. Afc. er AC HI) Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall inchide a minimum fee orS110.00. The request for reconsideration shall snecificallv identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its or/emi decision. The request for reconsideration will be heard by the District Commission at the next re~lar meeting of the Comm/ssion. If the Commission a~ees to reconsider the action, the applicant will be notified of the date and time of the Commission m~ting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact F~ Ordinance. All design and construction shall be in accordance with the Ada Couhty I-Ii,way District Pohcy Manual, ISPWC Standards and approved supplements. Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engine~ registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff.approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. It is the responsibility of the applicant to verify all existing utilities within the rift-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-1100-342-1585) at least two full business days prior to bre~dng ground within ACHD right-of-way. The applicant shall contact Silver, tone.emro Pa~_e 11 ACI-ID Traffic Operations 387-6190 in the event any ACHE} conduits (spare or filled) are compromised during any phase of cons~uction. No change in the terms and conditions oflhis approval shall be valid unless they are in ~witing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtsm written con6nnafion of~uy change t~om the Ada Coun~ Highway Dislrict. Any change by the applicant in the planned use of the property which is the subject of this application, shall require thc applicant to comply with all roles, regulations, ordinances, plans, or other regulatory and legal restrictions in rome at the time the applicant or its successors in interest advises the Highway Dislrict of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are in*ended to assure that the proposed use/development will not place an undue burden on the ~xisting vehicular and pedestrian transportation system within the vicini .ty impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Commission Action: Plannin~ and Develonment Staff March 14. 2001 Silverstone. cram P~e 12 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04/03/01 Revised 07/12/01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A COMMERCIAL PLANNED UNIT DEVELOPMENT AND FLOODWAY APPROVAL IN PROPOSED C-C AND C-G ZONE, LOCATED AT THE SOUTHEAST CORNER OF OVERLAND AND EAGLE ROADS, MERIDIAN, IDAHO SUNDANCE INVESTMENTS LIMITED PARTNERSHIP OR ASSIGNS, APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-01-002 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 17th day of April, 2001, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for ORDER CONDITIONAL USE PERMIT COMMERICAL PLANNED UNIT DEVELOPMENT SUNDANCE INVESTMENTS LIMITED PARTNERSHIP OR ASSIGNS -i a planned commercial development and floodway approval in C-C and C-G zones at the southeast comer of Overland Road and Eagle Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning staff and Engineering staff as follows: 2.1 This Conditional Use Permit is for the overall concept and mixture of uses. Significant changes to the plan in relation to layout and use as proposed shall require modification of the CUP. Slight modifications that comply with the overall development plan approval shall not require future public hearings. 2.2 Planned Development Regulations: As a mixed/planned use development, the Silverstone Corporate Center shall comply with the following sections of the subdivision ordinance: 12-6-4 Procedures for Planned Developments, 12-6-6 General Regulations for Planned Development, and 12-6-7 General Standards for Planned Developments. All commercial and office uses shall comply with 12-6- 8-B, Design Standards for Planned Development-Commercial. The City Council further requires that a conditional use permit be required if the applicant proposes a tavern/lounge. 2.3 Site Plan: The copy of the single-story building master plan submitted with the application does not appear to be to an accurate scale. Detailed review of the site plan is not possible; only the concept is being reviewed. Detailed site plans that meet all parldng lot dimensional and landscaping standards per City Ordinance shall need to be reviewed and approved during the building permit process. 2.4 Open Space: All Planned Developments (PD) are required to have at least 10% of the gross land area of the PD as common open space per City Ordinance Section 12-6-7-E-5. The total common open space ORDER CONDITIONAL USE PERMIT COMMERiCAL PLANNED UNIT DEVELOPMENT SUNDANCE INVESTMENTS LIMITED PARTNERSHIP OR ASSIGNS -2 calculation for Silverstone Corporate Center is not shown. Applicant shall provide calculations showing how this minimum criteria is met. The City's well lot shall not be considered for inclusion in this requirement if reimbursement is sought for the value of the property. 2.5 Parking Lot Landscaping: Landscape islands serving a single row of parking shall have one tree. Islands serving a double row of parking shall have two trees. A planting island shall be provided to break up the asphalt every 12 continuous stalls. The site plan submitted does not meet this requirement. The detailed landscape plan for the Silverstone Point building is at a scale and meets or exceeds all landscaping requirements. All site plans shall be reviewed at the building permit stage to ensure compliance with the Meridian Landscape Ordinance. Review of the overall site plan is general only, and specific review shall occur upon application for building permits. 2.6 Streets and Circulation: The proposed project is designed as a stand- alone development with no provision for access to other properties. 2.7 Signage: Although signage locations are noted on the plan, no details of proposed signage were included. Applicant shall be responsible for proposing a sign program for the entire development as part of the conditional use process. 2.8 Trash Enclosures: Very few trash enclosures are shown on the Conceptual Site Plan. Applicant shall coordinate locations and construction requirements of the required trash enclosures with Meridian Sanitary Service, Inc., and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance. 2.9 Alternative Transportation Options: At build-out, this site shall serve as a principal center of employment for the east Meridian/west Boise area. While Boise Urban Stages does not currently service Overland Road, it has the potential to be a likely destination point for mass transit in the future. The City Council strongly requires an area be designated and/or preserved on the Concept Plan for a future bus stop. Also required is the inclusion of bicycle racks at all office and retail buildings. ORDER CONDITIONAL USE PERMIT COMMERICAL PLANNED UNIT DEVELOPMENT SUNDANCE INVESTMENTS LIMITED PARTNERSHIP OR ASSIGNS -3 2.10 All conditions placed on this application shall run with the land and shall not lapse or be waived as the result of any change in tenancy or ownership of any or all of the lands governed by this CUP application. Ail such conditions shall be deemed the requirements for the issuance of a Certificate of Occupancy for any use or structure as per City Ordinance. 2.11 Applicant shall comply with ACHD requirements, and which requirements are attached hereto as Exhibit "A" and dated March 14, 2001, and consisting of twelve (12) pages, or as may be amended from time to time. Adopt the Recommendations of the Central District Health Department as follows: 2.12 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. ORDER CONDITIONAL USE PERMIT COMMERICAL PLANNED UNIT DEVELOPMENT SUNDANCE INVESTMENTS LIMITED PARTNERSHIP OR ASSIGNS 2.13 Run-off is not to create a mosquito breeding problem. 2.14 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality, or if other means of pretreatment of storm water discharge is provided, then Applicant shall furnish to the Public Works Department a copy of the proposed Operation and Maintenance Manual, including a schedule of regular maintenance for the drains. A commitment shall be required that in the event the drains do not effectively work, either through problems with design or maintenance, development of new plans for a means to pretreat the storm water discharge shall be required. 2.15 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 -4 groundwater and surface water degradation in violation of applicable laws and regulations. Adopt the Recommendations of the Meridian Fire Department as follows: 2.16 All codes relating to fire hydrants and fire sprinlder syste~ns shall be met. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition'of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the day of ~%~5~ ,2001. /7 Copy served upon Applicant, the Planning and Zoning Department, Public Department and City Attorney. City Clerk Cot CentrAZO1 001 PP01 001CUPO1-002\Ord~ Z:\Wor k~A~vler idianXlVl eridian 15360MxSilverstone p - - ORDER CONDITIONAL USE PERMIT COMMERICAL PLANNED UNIT DEVELOPMENT SUNDANCE INVESTMENTS LIMITED PARTNERSHIP OR ASSIGNS Works -5 ).DA COUNTY HIGHWAY DISTRICT Planning and Development Division Dev~!opment Application Report Preiiminm'y Plat - Silverstone Corporate Center s/e,"c Overi~nd Road/Eagle Road MPP-01-001,~'[CL~ -01-00Z'M.AZ-01-00 t 15-1ors The application has been referred to ACHD by the City of Met/dian for review and comment. Silverstone is a 15-1et office/commercial ~ubdivision on 78-acres. The applicant is requesting a rezone fi-om R-1 to C-C/C-G. The site is located at the southeast comer of Overiand Road and Eagle Road. This development is estimated to generate 9,629 addi~onal vehicle trips per day based on the submitted 'a-affic impact study. This item is bein~ placed on the re~ar agenda due to concerns of the applicant regarding stub streets and driveways, and al.~o concern.s from the property, owner to the south regarding access through thi~ ~ite. Roads impacted by lifts development. Overland Road E~le Road Interstate 84 ACHE) Commission Date- March 14, 2001 -6:30 p.m. REGULAR AGENDA ITEM Facis and Findings: Siivers~one.~mm P~e 1 A. Genial Information Ovmer - Sundance Investments Applicant- L~rson Architects, Quadrant Consulting R-1 - Existing zoning (low-densitY residential) C-C/C-G - Proposed zoning (general commercial) 78 - .acres 15 - Proposes building lots 1 -Proposed common lots 640 - Total lineal feet of proposeS public stree*,s 9,629 - Total ve~cle a'ips per, day 285 - Traffic Analysis Zone (TAZ) West .ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Overland Road Minor arterial with bike lane desig~nation Traffic count of 13,551 on 11-30-99 (e~o Eagle Road) Traffic count of 11,422 on I 1-30-99 (w/o Eagle Road) D-Existing Level of Service Greater than E-Existing plus project build-out Level of Service 1,300-fect of frunmge $0-f~t existing right-of-way (2S-feet from c~nteriine) 54 to 48-feet r~uired right-of-way from eenteriine Overland Road is improved with 1-1anes with no curb: gutter or sidewalk abutting the si~e. There is a southbound turn lane on Overland Road at the Eagle Road intersection. The OveriandJEag. le Road intersection currently ope,rotes at a level of se.-'vice F. Eas~le Road Minor artedal with bike lane designadon Traffic count of 19,790 on 11-30-99 (rub Overland Road) Traffic count of 7,498 on 2-2-00 (s/o Or.land Road) Traffic count of 44,397 on 10-19-99 (rdo 1-84) C-Existing Level of Service D-Existing plus project build-out Level of Service 2,600-feet of frontage 50-feet existing right-of-way (25-feet ~om centeriine) 52 to 4g-feet required right-of-way from c~terline Abutting the site Eagle Road is improved with t~vo travel lanes, with no curb, gutter or sidewalk. North of Overlmad Road Eag/.e Road widens to 5-lanes. Nortfi of 1-84 Eagle Road is under the jurisdiction of ti ~. S~Ivers~ne.crm~ P=~e 2 Interstate 84 Traffic count of O-feet of frontage Interstate 84 is three lanes eastbound and three lanes westbound. There is an "ON" and "OFF" ramp at Eagle R.oad. The OverlandFEag~ Road and Me.,-idian/Overland Road intersections operate at a Level of Service F (LOS F), and are listed as one of the 100 most critical inrerseclions in Ada County.. Acc~s control within the operating area of the intersection i~ vital to the safe operations of the inter~ec,~ion. The sut~jecr site's additional traffic will e-,.aoerbate the traffic problems at the~e intersections. On March 2, 2001, the staffmet as the Districfs Technical Review Cormmrtee and reviewed the impacts of this proposed development on the District's a'ansportation system. The results of that analysis constitute the following Fro:ts and Findings and recommended Site Spec/tic Requirements. A traffic study was submitted for the SilverStone Corporate Center in Me,"idiar~ Idaho. The key findings of the lraffic study inc!ude the following. The proposed development is projected to generate an average daily lraffic (ADT) of 9,629 vehicles ~ day (vpd), of wkich the peak hour traffic (PHT) is 1,021 vehicles per hour (vph). At build out,. the project will add 6,317 velacles per day to Eagle Road ~orth et'the x~te. of the~'e t~vs 847 w~ll take the w*xtbound £-84 rarn.~, 2.504 will travel eastbound on £-84, and the remmm, ng 2.966 will continue to the north. An additional 1,i00 vehicles per day will travel south of the site on Eagle Road. The project will add 1,380 vehicles per day to Overland Road east of the sire and 850 vehicles per day west of the site. · The intersection of Eagle Road and Overland Road is currently operating ar Leve! of Se,'wice (LOS) F. It will operate at LOS F under back~ound lrnffi¢ conditions with or without the site being developed. This development should be required to participate, in improvements to this intersection to bring kto an acceptable level of service. · The int~sectons of Eagle Road and the eastbound and westbound off-ramps ofi-84 will function at an acceptable leve! of semice with the addition of site lraffic. This assumes that lt~e proposed signal on the eastbound off-ramp is constructed by riD. · The inters~tion of Eagle Road and Franklin Road will operate at LOS F with or Mthout the project. Improvements to this intersection will requ/re additional r/ght-of-way and coordination with other proj~ts. Since the majority, of the tra~¢ will be corn/ag fi:om other ~'owth in the area, widening of this intersection should be considered by the ACHD and ITD. · The intersection of Overland Road and Met/dian Road will operate at LOS F under backgound traffic conditions and LOS F with the addition of site traffic. Additional lanes are requ/red to make this inte,mecSon operate at an acceptable LOS D. This intersection is wirkin the limits ora proposed project by ACHD. The site traffic should be included in the planning of the ACHD improvements project. The inmrsection of Overtand Road and Cloverdale Road will require improvements to operate at LOS E. This area will probably see development in the comin8 years. I~ is recommended that the project will contribum to the future reconstruction of'tiffs intersection. Silverstone. cram · The hate.section of Overland Road and Hve Mile Road will suffer a small hacre~e ha delay due to project lra~¢. Other growth will contribute to most of the deterioration oft he inmrsection. The project should not be required to participate in the recons~action of ll~s intersection. · The intersection of E~ie Road and V~c:ory Road will operate at an acceptable level of se,'Mce, LOS £. after the build out ofth/s project. · Eagle Road south if the project will ope,ate at an acceptable level of se.wice aRer build out of the project The site should contribute fight-of-way for future roadway e~sion. Since Eagle Road is on a seztion line, it is assumed that the future roadway will be a five-lane road. · Eagle Road nort~ of the site will operate at an acceptable Ievei of so.ice alSer build out of the project. · Overland Road west of Eagle Road will operate at an acceptable level of sereice for a three-lane road. A thr~-!ane road is proposed to be built by ACHD on this section of roadway. · Overland Road east of Eagle Road will operate at a poor level of so.ice a~er build out of the project. The project should be required to dedicate fight-of-way for a five-lane future roadway. In the hate.--ira, the project should be required to construct a rigor-tam lane and a let-mm lane for the full fronta?, of the project along Overland Road. · The project should be require~l to construct a signal at the main ~ntrance to the site on Eagle Road a~d to the main entrance to the site on Overland Road. Each signal wiII require a left-mm lane and a right-mm lane. 'I-ne applicant is proposing to consamct V,vo driveways on Overland Road and one public street connection. The proposed accesses are located: * 400-feet east of Eagle Road (western driveway) · 690-feet east of E~le Road and 265-f~t east of western driveway (middle driveway) · 1,070-feet east of Eag!e Road (public ~'eet) District policy 7204.7.3 states that access points on arterials are based on the following: ';' One access point for less than 150-feet of frontage · ;' Two access points for 150400-feet of frontage ':' Thre~ access points for ~eater than 600-f~t of frontage. Access points are considered to be both public slreem and dr/veways. The applicant is proposing to comtruct three access points on Overland Road in accordance with Distr/ct policy. The ACHI) Commission approved these thr~ access points on Overland Road. The applicant is proposing to consu-uct five driveways on Eagle Road and one public xtreet connection. The proposed accesses are located: · 400-feet south of Ov~land Road (northern driveway) · 690-£eet south of Overland Road and 265-feet south of northern driveway (northern middle ddveway) · 420-foot south of northern middle driveway (middle driveway) * 1,590-feet south of Overland Road (public strut) · 410-feet south of public street (southern driveway) * At the south property lhae (shared southern driveway) Dislrict policy 7204.7.3 states thor acc~s points on arterials are based on the following: · :' One access point for less than 150-feet of frontage Silve.'~mne.cmm ':' Two access points for l$0-.500-feet or,onCe · :- Three access points for ~ea:er than 600-feet of fronUge. Access points are considered to be both public s~eets and driveways. The applicant is proposing to construct six access points on Eagle Road. Dislrict policy allows three access points. Six access points would require a variance 5om the Commission. SIaff recon'~mends adherence of policy because the applicant is conslructing a public slr~t through the site and should have sufficient access internally and with tlxee access poinm (~vo driveways and one public s~'e,~0 on Eagle Road. The proposed driveways are located on shared prope.'Xy lines and s~ff recommends that the applicant conmruct a driveway at the south property, line to provide for furore shared access with the parcel to the south; the spree road connection, and a second driveway located north of the spine road, bui located a mirfimum of 440-feet south of Overland Road. The applicant does not concur with staff's recommendation on the number of access points on EaSe Road, and will provide information to the Commission requesting a modification of policy. The ACHD Commission approved three access points on Eagle Road with tliis application. One access point sha21I be located at the south prope,? line, and shall be cons~ruc:ed as a shared dfiveway. The second access point shall be the proposed public road, located as proposed.- The ttfird access point shall be located a m/n/mum of 440-f~t south of Overland Road, and a minimum 440-feet north of the proposed public street that will be signalized in the future. The applicant is proposing to construct a spine road through the sire with connections at Overland Road and Eagle Road. Due to the volumes of~raffic this deve!opmenr is expired to generate, the applicant should conslruct llxis roadway as a 46-foot street section with curbs, gutters and sidewalks. If the applicant consmmts attached sidewalks, the sidewalk should be constructed 7- feet wide, and the S~'eet should be constructed within 64-feet of right-of-way, l~the applicant constructs detached sidewalks, the sidewalk should be constructed 5-feet wide, and the street should be contacted within'70-feet of fight-of-way. Parking should be resiricted on the proposed street, and the applicant should submit a signage plan prior t9 final plat approval. The applicant's site plan indicates a traffic sisal on Overland Road atthe intersection with the proposed public slxeet, located approximately W-mile ~ of Eagle Road, and one on Eagle Road located appro~mately i/3-mile south of Or,land Road. It is not clear fi.om the applicant's proposal if the intent is for the traffic sisals to be conslracted with the project, or if they are shown on the plan as "future". According to the submitted traffic study, at full build-out, the project should be required to conslruct the signals, and the necessary, site/mprovements associated with the sisals: lelY-turn lanes and hhght-tum lanes. Based on ACHD Commission action, traffic sisals cannot be installed at these intemections until there is a warrant. The appiic~nt's traffic engin~r should work with ACHD Traffic Services stuff to dot,mine when the warrant is me~ or is close to being met. The developer should be fmanc/ally responsible for the cost ofane-half of the signal. If the prepare/es across fxom th/s subdivision have not been developed prior to the sisal warrant, the applicant of this site shall fund 100% of the cost of the sisals. Atthe time that those properties develop, a road mst will be acquired and Iris applicant sl~l be reimbursed for one half or,he cost of the sisal. Th/s applicant should enter into a written agre~,~raent with the District for these two traffic sisals. $ ilvermon~ ',q" The applicant should be required to construct center turn lanes on Overland P~oad and Eagle Road for the proposed public rtreet intersections and for fail access driveways. The roadways are currently only 2-tanes in width, and *die submitted traffic study rotan'm-ned that these lanes should be required. 'i'he applicant is proposing to construct islands at the main enu-ances to the proposed spine roads. The islands may interfere with mining movements at the si~ais. The applicant should coordinate the in~ers~tion desi~s with Disu-ict Traffic Semces staff. Driveways on the proposed spine road should be located a minimum distance of I75-feet from Eagle R.oad and Overland Road, and should align or offset a minimum of 12S-feet fi.om any proposed driveways. The site plan shows driveways on the proposed s~reet located within 25-feet of other proposed driveways, and some of the driveways are conslrac:ed with medians: such a configuration is confusing to the motorist. The applicant should revise the sire plan and relocate driveways in accordan~ with disu'ict policy. The applicant is proposing to construct a large island in the middle of the spine road, with driveways on both sides. The driveways are located so that motorists could make unsafe le,ff turns from the driveways. The applicant should either: construct the island as a Irue rouudabou~ eliminate the driveways; or eliminate the island. The applicant is proposing to construct a local street offofthe spine road. The location of the street conforms to ACH'D policy. The Beet should be consmicted as a local/commercial street: 40-foot street section with curbs, ~iters and 5-foot wide concrete sidewalks within 5 g-feet of right-of-way. At the meeting on March 14, 200 I, the applicant submitted a drawing indicating that this street would be stubbed to the undeveloped gO-acre property, to the east. Based on the applicant's testimony, and the need for intercoanectivi .W the ACHD Commission required th_is s-tub aU'eat as condition of approval. The stub s~reet should be constructed to the east property, line between'Lot 5 and Lot 6, Block 1. The applicant should provide a paved temporary turnaround at the east end of the stub with a temporary, easement provided to the Dis~ct. The applicant should be rc~quired to install a sign at the terminus of the roadway sta~iug that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the si~ plan for the stub str~i~ and the design of the turnaround with District staff. Utility. street cuts in pavement less ~ five years old are not allowed unless approved in ~vfir/ng by the Dis~c:. Contact Cons'auction Se,wices at 397-~5280 (with file numbers) for details. Irrigation facilities should be relocated outside of the new fight-of-way on Overland Road and Eagle Road. Silverstone. cram Page Uo .MI utility, relocation costs associated with improving strut frontes abulIing the site should be borne by the developer. The applicant is not proposing to construct any stub s~'eets to the undeveloped parcels to the south. Dimrict policy requires stub s~'eets to provide access to adjoining properries. The parcel to the south is 2?=acres, and that property owner also owns several surrounding prope.~ies. The property owner to the south of this site ($utherland F~-ms) has requested that the applicant be required to construct a stub s~reet to se,we his property, and also construct an east-wes collector street along the common proper~y line to se~e his prope,'~y. It is l[ke!y that the prope,wy to the south will develop as residential, as is desi~. ~ted in the Ci.ty of Meridian CompreMnsive Plan. The applicant has a~d to construct a drive:ray at the south property, line that would serve as a shared access with the properb'' owner. Smffdoes not recommend that the applicant be required to construct an east-west collector street along the south properqy line, as the applicant is constructing a collector roedway through the site and it is not needed along the south prope,'~. line. If the applicant consumers a stub street to the prope.*sy to the south, the minimum length of the road would be 750-feet The ave.~e cost to build a local s~eet is $8011inear foot. The approx/mate cost to construct a stab street to the south prope.? line would be $60,000. S~.ff does not recormuend the construction ora stub street to the south property, line. The applicant is opposed to the construction of any stub streets to surrounding properties. Atthe Commission meeting on March 14, 2001, a representative of the parcel to the south testified on be,~alf of Sutherland Farms and requested a stub street to the south prope,"~y line. The ACHD Commission required the construction of a shared driveway at the south properqf line, but did not require the construction of a stub street to the south. In accordance with District policy, the applicant'should be required to construct a 5-foot wide concrete sidewalk on Overland Road abutting the entire site. Coordinate the location and elevation of the sidewalk with Dis~ct staff.. In accordance with District policy, the applicant should be required to construct a 5-foot wide concrete sidewalk on Eagle R. oed abutting ~e en~e site. Coordinate the location and elevation of the sidewalk with Di~rict A.ny pr posed landscane tslands/medtans w~thin the puolic n~_ht-or-wav dealcared bv this plat should be owned and maintained by Silverstone owners. Notes of this should be required on the final plat. In order to reduce trips to and ~om this development it is recommended that Tenants occupying the proposed building be required to provide an .~Itemative Transportation Pro~arn for employees and provide an annual reportto ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Pro~am with the applicant. For more inr%rmarion contact Put Nelson at 387-6160. In order to reducs trips to and fi.om this development, it is recommended that the tenants occupy~g the proposed building(s) be required to participate in any Transportation Management $iiwr~tone.cmm Association (TMA) or Transpomtion Man~ement Orgmization (TMO) that is formed with boundary, that includes this site or is adjacant to tl~s development. A Transportation Man~emant Association (T~L~.) or Transportation Management Organization (TMO) is formed win a coordinator that works as a liaison be.~,veen businesses and pr/vote mud public trnnspom, tion provides to inerease the use of alte,-ns~ive transportation and other trip reduction measures (shuttle buses, bus pass pro.ams, vanpools? c~rpools, bicycle ~nd walking enhancement), An annual survey will be required of the TMA/TMO to monitor participation in alternative transpomtion pro.'ams and forwarded to the ACHE) Commuteride Office. Based on development parterre in this area and the resulting traffic generatiom staff anticipates that the transportation system will not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service n~th out modifications to EaSe Road and Overland Road, and the intemection. Special Recommendation to lTD: 1. According to the submitted traffic study, the proposed development is projected to generate an average daily traffic (ADT) of 9,629 vekictes per day (vpd), of which the peak hour maffic (PHT) is 1,021 ve~cles per hour (vph). At build out, the project will add 6,317 vehicles per d~y to Ea$1e Road nortfi of the site, of these trips 847 will t~ke the westbound I-g4 rnmp, 2,504 will trave! eastbound on I-g4, and the remaining 2,966 will continue to the north. Special Recommendation to Ci~ of Meridian: In order to reduce Wips to and from fl-~is development it is recommended that mnants occupying the proposed building be required to provide an Alternative Transportation Pro_~am for employees and provide an annual report to ACHD on employ~ participation. Commute,fide staffwill coordinate the Alternative Transportation Pro,am with the applicant. For more information contact Ms. Pat Nelson at 38%6 i 60. In order to reduce trips to and from this development, the tenants occupying flue proposed building(s) should be r~quired ~o participam in any Transportation Man~_~ement Association (TMA) or Transportation Managem~t Organization (TMO) that is formed with a boundary, that includes th/s site or is adjacent to this development. The OverlandiEa~ig~e Road and Meridian/Overland Road intersections operate at a Level of Service F (LOS ~-), and are listed as one of the 100 most critical intersections in Ada CounW. Access control wiu~in the operating area of the inters~tion is vimI to the safe operations of the inte~ection. The subject site's additional ~ra~c will ex,,cerbate the traffic problems at ~hese intersections. Based on development patterns in tiffs area and the resulting a-affic generation, staffanticipazes that the transportation ~stem will not be adequate to accommodate additional tra~c generated by this proposed development at accepted levels of se,-Mce with out modifications to Eagle Road and Overland Road, and the intersection. Silverstane, ~--~m The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Si~e Specffic Requirements: Dedicate 54 to 48-feet of right-of-way from the centefline of Overland Road abutting the parcel by means of recordation ora final subdivision plat or execution of a warranty deed prior to issuance ora building pe:-mit (or other required permits), xvhichever occurs first..4]low up to 30 business days to process the riVet-of-way dedication after receipt of all requested material. The owner will i~e paid the fair market value of the right-of-way dedicated which is an addition to e.-dshng ACHD right-of-way. Dedicate 52 to 4g-feet ofri.~_ht-of-way from the centerline of Eag!e Road abunmg the parcel by mean~ of recordation ora 5hal ~ubdividon plat or e.~cu~on ora warran~ deed prior to issmmce ora building permit (or other required pemaits), whichever occurs first..~lo~v up to 30 business davs to process the fig.bt-of-way dedication after receipt of all requested material. The owner wi~I be paid the fair market value of the right-of-way dedicated wh/ch is an addition to e.'dsfing ACHD ri~t-of-way. The following access points on Overland Road are approved with th_is application: · 400-fee*. eaxr of E~le Road (western driveway) · 690-feet east of Eagle Road and 265-f~*. east of western driveway (middle driveway) · 1,070-feet east of E~!e Road (public strut) The following access points on Eagle Road are approved with this application: · A minimum of 440ofeet south of Overland Road and a minimum 440-feet north of the proposed public s~'eet. · 1,590-feet south of Overland Road (public s~-eet) · At the south prope.'W line (shared southern driveway) Construct · spine road lt~ough the site with connectiom at fi)veda_nd Road and Eagle Road, located a~ proposed. Comlmct the roadway as a 46-foot s'~t section with curbs, gutters mad sidewalks. If the applicant constructs attached sidewalks, the sidewalk shall be constructed 7- feet wide, and the stre~t shall be constructed within 64-fe~t of fight-of-way. If the applicant cons~ru~ detached ddewall~, the sidewalk shall be con~a-ucted 5-f~t wide, and the s~'eet shall be con~truc,~d wiflfin 70-feet offi~t-of-way. Parking shall be reslricted on the proposed s~ree*~ and the applicant shall submit a si§n~e plan prior to fi. ual plat approval. Tl'fis applicant should enter, into a written a=.~eement with the District for the conslrucfion, timing and funding of the two proposed traffic ~i~als: one on Overland Road located at the quarter- mite, and one on E~le Road at approximately the half-mile. Silvermone. emm Page 9 i0. I1. 12. 13. 14. 15. I6. 17. Traffic signals cannot he installed atthese intersections until there is a warrant. The applicant's traffic cng/neet should work with ACHD Traffic Services smffto determine when the warrant is met, or is close to being met. The developer shall be financially' responsible [or the cost of one- half of The signal. Il'the propemes across from this subdivision have not been deve!oped prior to the si=m~al warrant, the applicant ofth/s site shall fund 100% of the cost of'the sisals..At the t/me that those prope~es across the street develop, a road lrust will be acquired and this applicant shall be reimbursed for one half of the cost o f the Construct center mm lanes on Overland Road and Eagle Road for the proposed public street intersections and for full access driveways. The applicant shall coordinate lite intersection desi_!ms with Dis'a-ict Traffic Se.vices staff. Driveways on the proposed spine road shall be located a minimum distance of 175-feet from Eagle Road and Overland Road, and shall align or offset a minimum of 125-f~t from any proposed driveways. The applicant is proposing to construct a large island in the middle of the spine road, with driveways on both sides. The applicant shall: construct 'die island as a tree roundabout, eliminate the driveways; or eliminate the island. Stub Titanium Way to the east property, line be,ween Lot 5 and Lot 6, Block 1. Construct Titanium Way as a 40-fuot street section with curbs, gutters and 5-fuot wide concrete sidewalks wil~in 58-fee. t of right-of-way, with a standard turnaround atthe south end. Provide a paved temporary, turnaround atthe east end of the stub with a temporary, easement provided to the District. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE ~XTE:-XFDED IN THE FUTLrR.E''. Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. Utility. street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Se,'Mces at 387-6280 (with file. numbers) for details. Irrigation facilities ~ha!l be relocated outside of the new rig.bt-of-way on Overland Road and E~le Road. Ail utili ,ty relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Construct a 5-foot wide concrete sidewalk on Overland Road abutting the entire site. Coordinate the location and elevation of the sidewalk with District staff. Construct a 5-.toot wide concrete sidewalk on Eagle Road abutting the entire sim. Coordinate the location and elevation of the sidewalk with District staff. Any proposed landscape islands/medians within the public fight-of-way dedicated by ibis plat shall owned and maintained by Silverstone owners. Notes of titis shall be required on the final plat. Silve~mne. crra'n Pag~e l 0 18. Other fiuan the access poinm specifically approved with this application, direct lot or parcel access to Overland Road and E~ie Road is prohibited. Lot access reslrictions, as required with fi'ds application, shall be stated on the final plat. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The reauest shall soecificallv identify each reouirement to be reconsidered and include a written e:mianation of why mcr a reauirement would result in a mbstantial hardsb_/~ or ineouitv. The ~mStten reauest shall be submitted to the Distr/ct no later than 9:00 a.m. on flue day scheduled for ACHD Commission action. Those items shall be re~cheduled for discussion with the Commission on the next available meting agenda. Requesm mbmitted to the Di~a-ict afar 9:00 a.m. on the day scheduled for Commission action do not provide sufficient lime for Dismict ~taffto remove the item from the consent agenda and report to the Commission regarding the requexted modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. A_~er ACHD Commission action, any request for reconsideration oflfie Commission's action shall be made in writing to the Plam, i,~g and Development Supe,'wisor within six days of the action and shall include a rain/mum fee orS110.00. The reouest for reconsiderat/on shall snecificallv identify each requirement to be reconsidered and include ~witten documentation of data that wns not available to the Commission at the time of its original decision. The request for recomidemfion will be heard by the District Commission at the ne~ regular meeting of the Commission. If~he Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Comm/ssion m~ting at which the reconsideration will be heard. Pa.,anent of applicable road impact fees are required prior to building construction in accordance with Ordinance ~193, also known as Ada Coun~ Highway District Road Impact F~ Ordinance. All design and construction shall be in accordance with the Ada County Hi~vav District Policy Manual, ISPWC Standards and approved supplements, Comtmction So,ices procedures and all applicable ACI-ID Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall mbmit revised plan~ for staff approval, prior to issuance of building permit (or other required perm/ts), which incorporates any required design changes. Constraction, use and prego,ny development shall be in conformance with all applicable requirements of the Ada County, Highway Di~ict prior to Dismict approval for occupancy. It is the responsibility, of the applicant to verify all e.'dming utilities widin the r/g_ht-of-way. Exi~ing util/ties damaged by the applicant shall be repaired by the applicant ar no cost to ACHD. The applicant shall be reayired to call DIGLINE (1-800-342-1585) at leas~ two full business days prior to breaking ~ound wiltRn ACHD fight-of-way. The applicant shall contact P_~=e I1 ACHD TraflS¢ Op=ations 397-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of conslruction. No change in the mn'as and conditions of this approval shah be valid un_less they are in writing and si~ed by the applicant or the applicant's authorized representative and an authorized representative ofth~ .Ada Coun .ty Highway Dislrict. The burden shall be upon the applicant to obtain written confrrmation of any change flora th~ A. da Court .ty Highway District. Any change by the applicant in the planned use of the property, which is flue subject of this application,, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other re~latory, and legal restrictions in fom~ at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property, unless a waiver/variance of said requirements or other legal relief is ~m-anted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACI-J.qD requirements are intended to assure that the proposed us*/deve!opment will not place an undue burden on the existing vehicular and pedestrian transpomtion system with]n the vicinity. impacted by the proposed development. Should you have any questions or comments, please contact the pla~nlng and Development Division at 3 g7-6170. .Submitted by: Commission Action: Planning and Deve!ooment Staff March 14. 2001 P~e 12 EXHIBIT C SILVERSTONE CORPORATE CENTER PERMITTED, CONDITIONAL AND PROHIBITED USES Uses svill be governed by Meridian City Ordinance I 1-8-l, Zoning Schedule of Use Control, as may be amended from time to time. The following uses may also be developed as permitted uses: Adult Day Care Animal Hospital Auction Establishment Automobile Related Business: Automobile Repair Shop - Minor; Service Station; Car Wash Bank, Financial Institution Bottling and Distribution Plant (Microbrewery Type Only) Bus Station Church Clinics (medical, dental, optical) Club, Lodge, Social Hall Convenience Store w/Gasoline Service Construction Businesses: Contractor's 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 permitted) Grocery Stores Hospitals Hotels/Motels Indoor Firing Range Laboratories (medical, dental, optical) Laundry, Clothes Cleaning, Pressing Business DEVELOPMENT AGREEMENT (AZ-Oi-O01) - 19 Laundry, Industrial Laundry, Self-Service Mausoleum Medical Research Facilities Molded Plastic Products Mortuary Newspaper and Printing Establishment Office Parldng Lots: Commercial; Off-Sire Accessory Parldng Lot; Parldng Garage/Structure Parks and Plazas Personal Service: Barber Shop; Massage Parlor; Beauty Salon Pharmacy Photography Studio Post-Secondary-Education Facilities Printing, Lithography, Publishing and Associated Reproduction, exclusive of Paper Manufacturing Public and Quasi-Public Uses Public Service Facilities Radio and Television Stations (except exterior communications facilities) Restaurants Retail Sales: Building Materials; Hay; Grain; Bulk Garden Supply; Heavy Machinery Seed and Garden Supply Self-Service Storage Standby Generators Theater (excluding Drive-ins) Utility Facility - Major Utility Facility - Minor Vocational, Trade, Industrial Schools Warehouse Storage Wholesale Business The following uses may be allowed upon application and approval as conditional uses: Automobile Repair Shop - Major Child Care Facilities DEVELOPMENT AGP._EEMENT (AZ-01-001) - 20 Communication Towers Drive-in, Drive-through Establishments Missions; Food Irdtchens Residential (planned development required) Sales Lots Schools, Private (vocational, trade and industrial schools are permitted) Shelter Home The following uses, in addition to those included in 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 (boolcstore, theater, performance) Alcoholic Establishments (other than combined with restaurant service or hotel/motel facility) Boarding and Rooming House Bottling and Distribution Plant Composting Facility Halfway House Nursing Homes and Sanitariums Recreational Vehicle Park Truck Terminal Truck Stop Uses DEVELOPNIENT AGREEMENT (AZ-01-001) - 21