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HomeMy WebLinkAboutSilverstone Corporate Center No. 2 AZ-01-025BEFORE THE MERIDIAN CiTY COUNCIL C/C 02-19-02 IN THE MATTER OF THE ) APPLICATION OF SUNDANCE ) INVESTMENTS, THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 7.83 ACRES FOR ) SILVERSTONE CORPORATE ) CENTER PHASE II, LOCATED ) CENTER PHASE II, MERIDIAN, ) IDAHO ) ) Case No. AZ-O1-025 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on February 19, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, and Cornell Larsen, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-01-025) and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, Ianuary 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 7.83 acres in size, is located at the southeast corner of E. Overland Road and S. Eagle Road, all within the Area of hnpact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The o~vner of record of the subject property is Sundance Investments, Limited Partnership or Assigns of Boise, Idaho; and the applicant is owner of record. 5. The property is presently zoned by Ada County as R-1, and consists of vacant land. 6. The Applicant requests the property be zoned as C-G, with the intent to develop building lots for a proposed commercial development lmo~xm as Silverstone Corporate Center, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Residential. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-Ol-025) 7. The subject property is bordered to the north by Phase I of the Silverstone Corporate Center, to the south and east by County zoned residential and agricultural land, and to the west by Thousand Springs Subdivision and the E1 Dorado Corporate Center. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. 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: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. If the legal description is not accurate, a ne~v legal description shall be submitted. 2. The existing Silverstone Development Agreement shall be amended to include the 7.83 acres as Phase II of the project. Adopt the Recommendations of the ACHD as follows: 3. ACHD's Park & Ride Division Staff have indicated the need for a park and ride location at the applicant's site. The District requests that applicant grant the District an easement for a 10 to 12-space Park & Ride area at this site. Commuteride staff will contact the applicant to coordinate the location of the Park & Ride area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-O1-025) In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation, prior to issuance of a building permit. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Ms. Pat Nelson at 387-6160. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed ~vith a boundary that includes this site or is adjacent to this development. Dedicate 48-feet of right-of-way from the centefline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Construct a 5-foot ~vide detached concrete sidewalk on Eagle Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the side~valk. Construct three public roadways extending off of East CopperPoint Way, as proposed. The roadways are Brookstone Way, Rolling Stone Way and Cobblestone Way. · Brookstone Way is located on East Copper Point Drive approximately 360- feet east of Eagle Road. · Rolling Stone Way is located on East Copper Point Drive approximately 680-feet east of Eagle Road. · Cobblestone Way is located on East Copper Point Drive approximately 1,000 feet east of Eagle Road Construct all public roads within the subdivision as 40-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 54- feet of right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-01-025) I0. Construct an ACHD approved turnaround at the end of Cobblestone Way, Rolling Stone 'Way and Brookstone 'Way. Submit a design of the turnaround for review and approval by District staff. 11. The turnarounds shall be constructed to provide a minimum turning radius of 55-feet. 12. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 13. Any existing irrigation facilities shall be relocated outside of the right-of- way. 14. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 15. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 16. Comply with the ACHD's Standards Requirements in their January 9, 2002 report. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 17. If the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, applicant shall contact the District concerning installation of the pressure system. A questionnaire shall be filled out and returned in order to initiate the process of contractual agreements between the owner or developer and the District for ownership, operation and maintenance of the pressure urban irrigation system. 10. It is found that if the developer pays for the requested improve~nents and complies with the conditions set forth in these Findings of Fact No. 9, and all FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-01-025) sub-parts, the economic ~velfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 11. It is also found that the development considerations as referenced in Finding No. 9 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner ~vhich is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 12. It is found that the zoning of the subject real property as General Retail and Service Commercial District (C-G) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Residential. Presently, a Comprehensive Plan Amendment would change the land use designation on the Land Use Map to "Mixed Use" and that designation would be harmonious ~vith the requested C-G zoning. 13. The subject annexation request and zoning designation and proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-01-025) development relates and is compatible to the goals and policies of the Coxnprehensive Plan of the City as follows: Goals: Goal 3, Goal 5 and Goal 8 Economic Development: 1.1, 1.2, 1.3, 1.5, 2.2U Land Use: 1.5U, 1.6U, 1.10U, 1.11U, 4.8U, 5.6, 5.10, 5.12, 5.13, 5.14U, 5.15U Natural Resources and Hazardous Areas: 3.1U, 4.1U Public Services, Utilities and Energy Resources: 5.2, 5.4, 5.5, 5.8U Transportation: 1.4U, 1.SU, 1.10U Open Space, Parl<s and Recreation: 3.1 Community Design: 1.3, 1.4, 2.1U, 2.3U, 2.5U, 4.4U, 5.2 14. The property can be physically serviced with City water and sewer. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code {} 11-16 provides the City may FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-01-025) annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may talce judicial notice of government ordinances, and policies, and of actual conditions existing ~vithin the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goal 3, Goal 5 and Goal 8 Economic Development: 1.1, 1.2, 1.3, 1.5, 2.2U Land Use: 1.5U, 1.6U, 1.10U, 1.11U, 4.8U, 5.6, 5.10, 5.I2, 5.13, 5.14U, 5.15U Natural Resources and Hazardous Areas: 3.IU, 4.1U Public Services, Utilities and Energy Resources: 5.2, 5.4, 5.5, 5.8U Transportation: 1.4U, 1.5U, 1.10U Open Space, Parks and Recreation: 3.1 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-01-025) Community Design: 1.3, 1.4, 2.1U, 2.3U, 2.5U, 4.4U, 5.2 5. The zoning of General Retail and Service Commercial District (C-G) is defined in the Zoning Ordinance at § 11-7-2 K as follows: (C-G) General Retail and Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a revie~v of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel- related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burr vs. The City of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983). 8. The development of the armexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian induding, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-13, ~vhich pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 9. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-01-025) the owner and/or developer shall enter into a Development Agreement, if such is reqtdred by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 7.83 acres to General Retail and Service Commercial District (C-G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 7.83 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to ali the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-01-025) If the legal description is not accurate, a new legal description shall be submitted. The existing Silverstone Development Agreement shall be amended to include the 7.83 acres as Phase II of the project. Adopt the Recommendations of the ACHD as follows: ACHD's Park & Ride Division Staff have indicated the need for a park and ride location at the applicant's site. The District requests that applicant grant the District an easement for a 10 to 12-space Park & Ride area at this site. Commuteride staff will contact the applicant to coordinate the location of the Park & Ride area. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation, prior to issuance of a building permit. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Ms. Pat Nelson at 387-6160. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary, that includes this site or is adjacent to this development. Dedicate 48-feet of right-of-way front the centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2-feet within the new tight-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. Construct three public roadways extending of of East CopperPoint Way, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-01-025) as proposed. The roadways are Brookstone Way, Rolling Stone Way and Cobblestone Way. · Brookstone Way is located on East Copper Poim Drive approximately 360- feet east of Eagle Road. · Roiling Stone Way is located on East Copper Point Drive approximately 680-feet east of Eagle Road. · Cobblestone Way is located on East Copper Point Drive approximately 1,000 feet east of Eagle Road Construct all public roads within the subdivision as 40-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 54- feet of right-of-way. 10. Construct an ACHD approved turnaround at the end of Cobblestone Way, Rolling Stone Way and Brookstone Way. Submit a design of the turnaround for review and approval by District staff. 11. The turnarounds shall be constructed to provide a minimum turning radius of 55-feet. 12. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 13. Any existing irrigation facilities shall be relocated outside of the right-of- way. 14. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 15. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 16. Comply with the ACHD's Standards Requirements in their January 9, 2002 report. Adopt the Recommendations of the Nampa & Meridian Irrigation District as FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-01-025) follows: 17. If the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, applicant shall contact the District concerning installation of the pressure system. A questionnaire shall be filled out and returned in order to initiate the process of contractual agreements bet~veen the owner or developer and the District for ownership, operation and maintenance of the pressure urban irrigation system. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property xvhich is the subject of the application to (C-G) General Retail and Sendce Commercial District, and Meridian City Code § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the a~mexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-01-025) Idaho Code. By action of the City Council at its regular meeting held on the /~dS~t./ ,2002. of ROLL CALL COUNCILMAN KEITH BIRD ~-'~ day VOTED COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED__~ VOTED VOTED MAYOR ROBERT D. CORRiE (TIE BREAKER) DATED: S ~ ~-~0 2- VOTED MOTION: APPROVE ~I~~~SD I SAPPROVED:__ Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. City Clerk Dated: Z:\¥VorkWlkMeridianWleridian 15360iV~Silverstone Corp Cntr Phase 11 AZ01-025 PP01-025 CUP0 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-01-025)