HomeMy WebLinkAboutSilverstone BusinessAZ03-016BEFORE THE MERIDIAN CITY COUNCIL
C/C 09/02/03
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 80.51 ACRES
FOR PROPOSED SILVERSTONE
CAMPUS SUBDIVISION,
LOCATED EAST OF EAGLE ROAD
AND SOUTH OF OVERLAND
ROAD, MERIDIAN, IDAHO
Case No. AZ-03-016
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
SUNDANCE INVESTMENTS,
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
on September 2, 2003, at the hour of 7:00 p.m., and Anna Powell Planning Director for the
Planning and Zoning Department, Cornell Lazson, and Edwazd J. Thomas, 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
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1.
2. The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (AZ-03-016)
PAGE 1 OF 23
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3. The property which is the subject of the application for annexation and
zoning is described in the application, is approximately 80.51 acres in size and is located east of
Eagle Road and south of Overland Road, Meridian, Idaho, all within the Area of Impact of the
City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian
Comprehensive Plan.
4. The pazcel of land is contiguous to the existing city limits of the City of Meridian.
5. The owners of record of the subject property are Sundance Investments Ltd
Partnership, who owns the two (2) lazgest parcels, totaling approximately 77.8 acres. Ada
County Highway District owns the third parcel (2.9 acres) along the east boundary. Both
property owners have provided notarized consent for the subject applications. The applicant is
Sundance Investments Ltd. Partnership.
6. The property is presently zoned R-1 and consists of vacant land.
7. The Applicant requests the property be zoned as C-G (General Retail and Service
Commercial).
8. The subject property is bordered to the north by Jewell Subdivision, to the south
by Sutherland Farm Subdivision (future), to the east by farmland, and to the west by Silverstone
Corporate Center.
9. The Applicant proposes to develop the subject property in the following manner:
48 lot commercial subdivision with 6 other lots, per a letter submitted with the revised
Preliminary Plat by Pinnacle Engineers dated August 22, 2003.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDNISION-'(AZ-03-016)
PAGE 2 OF 23
10. The Applicant requests zoning of the subject real property as C-G, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Mixed Use -Regional.
11. The Eight Mile Lateral and its wetlands are significant or scenic features of major
importance that affects the consideration of this application.
12. The City Council recognizes the concerns of Trevor Roberts, expressed in his
letter dated July 2, 2003.
13. Giving due consideration to the comments 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:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
1. Before the City approves any of the proposed uses that are not perrnitted in the C-G zone, the
Applicant shall submit a Planned Development application and receive approval for all such
uses.
2. A Development Agreement (DA) shall be entered into between the City of Meridian and the
developer. Said DA shall be generally consistent with and utilize the same format as the recorded
DA for Silverstone Corporate Center. The DA shall require that all uses, development standazds
and standazds within the subdivision be defined through a Planned Development application for
the subject property. The list of uses shown in Exhibit C of the Silverstone Business Campus
annexation application is not approved and shall be amended through a separate Planned
Development application.
B. Adopt the Recommendations of the ACRD as follows:
Site Specific Conditions of Approval
The Board of Commissioners authorizes the expenditure of available collected impact
fees, or other District funds, if available, for the purchase ofright-of--way dedicated by the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (AZ-03-016)
PAGE 3 OF 23
applicant, with the applicant constructing a sidewalk as described below. However, if
funds cannot be secured, the applicant shall do one of the following:
a. Dedicate by donation (or through a development offset. agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the applicant's
specific development project) an additiona123-feet ofright-of--way along Overland
Road, and construct a minimum 5-foot wide concrete sidewalk along Overland Road,
located a minimum of 41-feet from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Overland Road, located a minimum of 41-feet from the
centerline of the right-of--way, in an easement provided to the District.
c. Provide a road trust deposit in the amount of $26,660.00 to be used for future
sidewalk construction along the applicant's property.
2. Construct a commercial roadway that intersects Overland Road approximately 400-feet
east of Silverstone Way to align with Jade Avenue, as proposed.
Construct a commercial roadway that intersects Overland Road approximately 1,150-feet
east of Silverstone Way to align with Topaz Avenue, as proposed.
* * The applicant has proposed to construct the internal roadways as commercial
roadways. The proposed street section will accommodate for vehicular traffic that is
anticipated to be generated by this site. It appears that the City's comprehensive plan wishes
to have bike lanes at/near the half-mile. The commercial street section that is proposed will
not accommodate for bike lanes.
If the City requires the applicant to construct the roadway as a collector, the City should
require the roadways to be constructed as 46-foot street section within 70-feet of right-of-
way. This would allow for 3-traffic lanes with curb, gutter, bike lanes and a detached 5-foot
sidewalk.
4. Construct the internal roadways as 40-foot street sections with curb, gutter and 5-foot
concrete sidewalk within 54-feet of right-of--way, as proposed.
5. Extend an existing stub street (Copper Point Way) from the west property line
approximately 160-feet north of the south property line, as proposed.
6. Extend Copper Point Way as a stub street to the east property line approximately 305-feet
north of the south property line, as proposed. Install a sign at the terminus of the roadway
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
7: Extend Knapp Avenue from the south property line.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (AZ-03-016)
PAGE 4 OF 23
8. the applicant would like a third access point to Overland Road, construct a 35-foot
wide shared driveway that intersects Overland Road approximately 600-feet west of the
east property line and aligns with the existing driveway at 3820 Overland Road.
9: If the applicant develops before the Overland Road project, construct a center tum lane
for ALL of the approved access points that intersect Overland Road. Provide a minimum
of 100-feet of storage with shadow tapers for both the approach and departure directions.
Coordinate the design of the turn lane with District staff. Dedicate sufficient right-of-
way to accommodate for the turn lanes that have been identified by the traffic impact
study.
10. Construct right-turn lanes for ALL of the approved access points that intersect Overland
Road, as they become warranted. Coordinate the design of the taper with District staff.
Dedicate sufficient right-of--way to accommodate for the turn lanes that have been
identified by the traffic impact study.
**The applicant is required to provide a fmancial surety for the construction of the right
turn lanes on Overland Road. Once the turn lanes have been constructed or the District
has entered into a contract for the construction of this segment of Overland Road, the
financial surety will be released.
11. Identify and complete the proposed wetlands mitigation that was proposed as a part of the
Silverstone Corporate Center Subdivision in accordance with the wetlands mitigation
permit that was issued by the United States Army Corps of Engineers.
12. Provide the District with a parcel that is equal to and greater in value and size than the
previous parcel.
13. Provide the District with drainage calculations and drawings showing that the newly
proposed pond will have a capacity that is equal to or greater in storage area than the
previous pazcel and will function at a level that is equal to or greater than what the
District had originally designed.
14. Install an adequately sized drainage pipe that will extend from the proposed drainage
pond to Overland Road through the Topaz Avenue right-of--way.
15. Provide the District with sufficient access to the site by providing the District by
providing public road frontage and a permanent easement through the adjoining parking
lot for additional access to the pond.
16. If the applicant chooses to landscape the drainage pond, the applicant shall obtain a
license agreement for all landscaping that is proposed within the District's right-of--way,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (AZ-03-016)
PAGE 5 OF 23
drainage pond or easement. The applicant is required to have all landscape and sprinkler
plans reviewed and approved by the ACHD Drainage Division.
17. Other than the access points that have specifically been approved with this application,
direct lot or pazcel access to Overland Road is prohibited. Notes of this aze required to be
placed on the final, plat.
18. Comply with all Standazd Conditions of Approval.
ACRD Standazd Conditions of Approval
Any existing imgation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACRD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
6. 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 conforrnance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8: Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (AZ-03-016)
PAGE 6 OF 23
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two
full business days prior to breaking ground within ACHD right-of--way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare
or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they aze in
writing 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 obtain written confirmation of any change from the Ada County Highway
District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force 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 awaiver/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.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. That afire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to
service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC
Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the
Public Works Department.
5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads.
6. All fire lanes shall have an unobstructed width of 20'. UFC 902.2.1
D. Adopt the action of the City Council taken at their September 2, 2003 meeting as follows:
1. For clarification:
a. The applicant stated at the September 2, 2003 meeting that the drainage lot may not
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (AZ-03-016)
PAGE 7 OF 23
be as shown on the present plat that has already been submitted. The applicant shall
be allowed flexibility on the actual size of the retention azea only until the final
engineering of the project is complete.
b. The applicant shall be allowed to work with ACHD to address the access points, the
issues along Overland Road, the curb cuts and street improvements, and safety issues
along Overland Road.
c. Pertaining to the any ACRD comments which are incorporated above, if ACHD
modifies their report, then the applicant shall be required to comply with the
modified requirements of ACHD.
d. Per a letter submitted by Trevor C. Roberts dated August 29, 2003, he clarifies that
the southeast comer of the pazcel that a portion of the land will be used for a future
roadway to be connected to a bridge crossing the Ridenbaugh Canal, and such shall
be shown on the Plat.
14. It is found that the 2002 Comprehensive Plan Future Land Use Map designates the
subject property as "Mixed Use -Regional". The purpose of this designation is "to provide for a
combination of compatible land uses that are typically developed under a master or conceptual plan. .
. and to identify key areas [of the City] which are either infill in nature or situated in highly visible or
transitioning areas of the City where innovative and flexible design opportunities are encouraged.
The intent of this designation is to offer the developer a greater degree of design and use flexibility."
(See Chapter VII, pg. 97.) The requested zoning designation of C-G generally conforms to this
stated purpose and intent of the MU-Regional designation.
It is also found that the following 2002 Comprehensive Plan text policies to be applicable
(staff analysis is in italics below the policy.)
Mixed Use Area Policies
• "Where feasible, multi-family residential uses will be encouraged, especially for
projects with the potential to serve as employment destination centers and when the
project is adjacent to State Highways 20-26, 55 or 69";
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (AZ-03-016)
PAGE 8 OF 23
Staff held two Pre-Application meetings with Larson Architects on the subject
property. At both meetings we encouraged the applicant to consider incorporating a
high density residential component into the development, in conformance with this
Comp Plan policy. The applicant chose not to Include any residential component.
While Sidverstone will certainly serve as an employment center, the subject property
is not adjacent to a State Highway.
"Where mixed use developments aze phased, a conceptual site plan for the entire
mixed use area is encouraged with the development application or, depending on the
scope of the development, prior to a formal development application being
submitted";
No phase lines are shown on the plat so Silverstone proposed appears to be a single
phase development. A Planned Development application is not required by either the
Comp Plan or Zoning Ordinance and one was not submitted with the AZ and PP
applications. However, Larson Architects did submit a conceptual building layout for
the 80 acres.
• "In developments where multiple commercial and/or office buildings are proposed
(not residential), the buildings should be arranged to create some form of common,
usable area, such as a plaza or green space";
The applicant Is proposing to locate the ACRD common lot in a central location
within the development. They are also proposing amulti-use pathway along the Eight
Mile Lateral, which wall be usable by future employees of the center.
• "Where the project is developed adjacent to low or medium density residential uses, a
transitional use is encouraged";
The subject project is proposed adjacent to future medium density residential uses to
the east. The applicant's "Master Site Plan "shows building pads ranging from 7, 658
sf. to 20,800 sf. along the east boundary. A transitional use is not called out on the
Master Site Plan. All of these lots are proposed to have a C-G base zone (with a
Development Agreement). Staff finds that the application does not comply with this
Comp Plan policy since transitional uses are not enforceable. Staff recommends
either a Planned Development with use exceptions or a down-zone (C-C) for the lots
adjacent to the east boundary. (See Condition #2 under Annexation Site Specific
Conditions.)
"Residential density allowed of 3 to 40 units/acre";
Not applicable. No residential uses are proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDNISION- (AZ-03-016)
PAGE 9 OF 23
• "No upper limit ofnon-residential uses (square footage)."
(See Chapter VII, pgs. 97-98, for the above-mentioned six bullets/policies.)
• "Locate new community commercial azeas on arterials or collectors near residential areas
in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I,
Obj. B, #5)
Silverstone proposed has frontage on Overland Road, a principal arterial roadway. If
uses adjacent to the future residential land to the east are controlled either through a PD
or zoning, this development would complement adjoining residential areas.
• "Require screening and buffering of commercial and industrial properties and residential
use with transitional zoning." (Chapter VII, Goal IV., Obj. A, #6)
Transitional zoning is not proposed by the applicant but is being recommended by staff.
• "Permit new...commercial...developments only where urban services can be reasonably
provided at the time of final approval and development is contiguous to the City."
(Chapter IV, Goal I, Obj. A, #6)
Silverstone proposed is contiguous to existing city limits and sanitary sewer, water and
other urban utilities can be extended to meet the needs of the development.
• "Encourage high-tech, research, pharmaceutical firms and high-quality retail facilities."
(Chapter IV, Goal II, Obj. A)
"Develop City pathway to connect Meridian with Boise." (Chapter VI, Goal III, Obj. A,
#12)
"Preserve and conserve our waterways, wetlands, wildlife habitat and other natural
resources." (Chapter V, Goal I, Obj. A)
15. The general vicinity of this project is experiencing a rapid change from agricultural
and low density residential uses to commercial/urban type development. Overland Road and Eagle
Road are currently being- widened to five (5) lane roadways. Silverstone Corporate Center, El
Dorado Busihess Campus, St. Luke's expansion, Hampton Inn Suites, and Sutherland Farm
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (AZ-03-016)
PAGE 10 OF 23
Subdivision have all been recently approved within a mile of this proj ect. It is found that the rezone
of the proposed property would be compatible with other land use and facility changes in the area.
16. Upon review of the applicant's list of proposed uses, it is found that they aze almost
identical to the uses approved for Silverstone, which was approved to the west. The majority of
these uses would be designed and operated in a manner consistent with Silverstone-approved and
with the existing C-G zoning to the south. Additionally, there are several uses, including
manufacturing, warehouses, and utility centers that were found may not be harmonious with future
residential to the east. Therefore, it is found that the requested uses would be generally harmonious
with the existing and intended character of the general vicinity, with the exception of lots along the
east boundary.
It is also found that, without a PD application, many of the proposed uses would not be
allowed since they aze prohibited in the C-G zone. The Silverstone-approved development was
approved through a PD and was therefore allowed certain excepted uses. The following proposed
uses in Exhibit C would be prohibited unless otherwise approved under a PD application or through
different zoning (e.g. Industrial):
Bottling & Distribution Plant
Electrical Equipment, Products
Laboratories (medical, dental, optical)
Molded Plastic Product
Vocational, Trade, Industrial School
Fabricated Metal Products
Machine Shop
Public Utility Yards
Woodworking Shop
Residential
(See Condition #4 under Site Speck above.)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (AZ-03-016)
Club, Lodge, Social Hall
Hospitals
Medical Research Facilities
Seed and Garden Supply
Packaging Facilities
Industrial Research
Office Machines
Small Machinery & Component Parts
Bulk Storage: Flammable
Liquids/Gasses
PAGE 11 OF 23
17. It is found that the majority of the proposed uses will not be hazardous or disturbing
to existing or future neighboring uses if all development and landscaping ordinances aze exercised.
Some uses may be disturbing to fixture residential uses to the east. It is not anticipated that the
proposed uses will be hazazdous or disturbing to future or existing neighbors.
18. It is found that the roadway improvements will be required to handle the additional
traffic generated by this development. ACHD and the Applicant shall work together to determine the
extent of the required improvements. All other public services and facilities appear to be adequate to
service this property.
19. It is found that this development will not cause excessive additional requirements at
public cost. The improvements will be funded and constructed by the developer. It is also found that
the annexation and zoning alone will not be detrimental to the community's economic welfare.
20. It is found that several of the proposed uses for Silverstone will involve activities,
processes, materials, equipment or conditions that could produce excessive traffic and noise and have
other public impacts. MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of some uses such
as fire hazards, bulk storage, and contractor's yazds. However, it is found that other potential
impacts may not be adequately addressed by the Zoning or Subdivision Ordinance. Some of the
proposed uses would require a CUP, which would allow for mitigation standards to be addressed at
that time. To reduce the potential impact upon future neighboring residential uses it is recommended
that it be either through a PD or rezone process along the east boundary.
21. It is found that the proposed uses will impact the level and flow of traffic on the
surrounding streets. By 2010, the Traffic Impact Study prepared by EarthTech estimates Silverstone
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDNISION- (AZ-03-016)
PAGE 12 OF 23
(proposed to generate an average of 10,107 new vehicle trips per day - (819 vph at AM peak and
1.069 vph at PM peak). Of these 10,107 trips, an estimated 6,310 would be external and 3,707
would be internal/captured. If all roadway improvements shown by the developer and in
EarthTech's report aze made, the study notes that Eagle and Overland Roads in the vicinity of this
site are projected to have adequate capacity to operate at LOS D (see pg. 22 of EarthTech report.)
In accordance with Comprehensive Plan Policy #12 (pg. 79) and Policy #2 (pg. 107), it is
found that the number of vehicular access points to Overland Road should be restricted and
comply with ACHD policies in order to preserve the capacity and movement on Overland Road
at build-out.
22. It is found that the Eight Mile Drain and mitigated wetlands azea exist on the
property and must be protected. Some of the proposed uses listed in the application could cause
some damage to these natural features if not adequately controlled and/or managed (e.g. bulls
storage of flarrunable liquids, contractor's yards, public utility yazds, etc.).
23. It is found that the annexation of this property would be in the best interest of the
City for the following reasons:
• increased commercial/industrial land base;
• application substantially complies with the Comprehensive Plan;
• significant public improvements provided by developer (e.g. pathway
system, sewer and water line extensions.).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDNISION- (AZ-03-016)
PAGE 13 OF 23
24. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 13, and all sub-parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
25. It is also found that the development considerations as referenced in Finding No.
13 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, coristructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboririg uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glaze and odors.
CONCLUSIONS OF LAW
The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan:
2. The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
The City of Meridian has exercised its authority and responsibility as provided by
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDNISION- (AZ-03-016)
PAGE 14 OF 23
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4. The zoning of (C-G) General Retail and Service Commercial is defined in the Zoning
Ordinance at § 11-7-2 K as follows:
(C-G) General Retail and Service Commercial District: The purpose ofthe C-G District.
is to provide for commercial uses which are customazily operated entirely or almost entirely
within a building; to provide for a review of the impact of proposed commercial uses which
are auto and service oriented and are located inclose proximity to major highway or arterial
streets; to fulfill the need oftravel-related services as well as retail sales for the transient and
permanent motoring public. All such districts shall be connected to the Municipal water and
sewer systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
6. Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if such is required by the City.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (AZ-03-016)
PAGE 15 OF 23
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 80.51 acres to
General Retail and Service Commercial (C-G), is granted subject to the terms and conditions of this
Order hereinafter stated.
2. The application is for annexation and zoning of 80.51 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3. Developer shall be required to meet the conditions set forth and in the event the
conditions herein are not inet 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:
A. Adopt the Recommendations of the Meridian Plamung & Zoning Department as follows:
1. Before the City approves any of the proposed uses that are not permitted in the C-G zone, the
Applicant shall submit a Planned Development application and receive approval for all such
uses.
2. A Development Agreement (DA) shall be entered into between the City of Meridian and the
developer. Said DA shall be generally consistent with and utilize the same format as the recorded
DA for Silverstone Corporate Center. The DA shall require that all uses, development standards
and standards within the subdivision be defined through a Planned Development application for
the subject property. The list of uses shown in Exhibit C of the Silverstone Business Campus
annexation application is not approved and shall be amended through a separate Planned
Development application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDMSION- (AZ-03-016)
PAGE 16 OF 23
B.
Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
The Board of Commissioners authorizes the expenditure of available collected impact
fees, or other District funds, if available, for the purchase of right-of--way dedicated by the
applicant, with the applicant constructing a sidewalk as described below. However, if
funds cannot be secured, the applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the applicant's
specific development project) an additiona123-feet ofright-of--way along Overland
Road, and construct a minimum 5-foot wide concrete sidewalk along Overland Road,
located a minimum of 41-feet from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Overland Road, located a minimum of 41-feet from the
centerline of the right-of--way, in an easement provided to the District.
c. Provide a road trust deposit in the amount of $26,660.00 to be used for future
sidewalk construction along the applicant's property.
2.
3.
4.
Construct a commercial roadway that intersects Overland Road approximately 400-feet
east of Silverstone Way to align with Jade Avenue, as proposed.
Construct a commercial roadway that intersects Overland Road approximately 1,150-feet
east of Silverstone Way to align with Topaz Avenue, as proposed.
anticipated to be generated by this site. It appears that the City's comprehensive plan wishes
to have bike lanes at/neaz the half-mile. The commercial street section that is proposed will
not accommodate for bike lanes.
~*-'The applicant has proposed to construct the internal roadways as commercial
roadways The proposed street secfion will accommodate for vehiculaz traffic that is
If the City requires the applicant to construct the roadway as a collector, the City should
require the roadways to be constructed as 46-foot street section within 70-feet of right-of-
way. This would allow for 3-traffic lanes with curb, gutter, bike lanes and a detached 5-foot
sidewalk.
Construct the internal roadways as 40-foot street sections with curb, gutter and 5-foot
concrete sidewalk within 54-feet ofright-of--way, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (AZ-03-016)
PAGE 17 OF 23
5. Extend an existing stub street (Copper Point Way) from the west property line
approximately 160-feet north of the south property line, as proposed.
6. Extend Copper Point Way as a stub street to the east property line approximately 305-feet
north of the south property line, as proposed. Install a sign at the terminus of the roadway
stating that, "THIS ROAD WILL BE EXTENDED 1N THE FUTURE".
7. Extend Knapp Avenue from the south property line.
8. Ijthe applicant would like a third access point to Overland Road, construct a 35-foot
wide shazed driveway that intersects Overland Road approximately 600-feet west of the
east property line and aligns with the existing driveway at 3820 Overland Road.
9. If the applicant develops before the Overland Road project, construct a center turn lane
for ALL of the approved access points that intersect Overland Road. Provide a minimum
of 100-feet of storage with shadow tapers for both the approach and departure directions.
Coordinate the design of the turn lane with District staff. Dedicate sufficient right-of-
way to accommodate for the turn lanes that have been identified by the traffic impact
study.
10. Construct right-tum lanes for ALL of the approved access points that intersect Overland
Road, as they become warranted. Coordinate the design of the taper with District staff.
Dedicate sufficient right-of--way to accommodate for the turn lanes that have been
identified by the traffic impact study.
* * * * *The applicant is required to provide a financial surety for the construction of the
right turn lanes on Overland Road. Once the tum lanes have been constructed or the
District has entered into a contract for the construction of this segment of Overland Road,
the financial surety will be released.
11. Identify and complete the proposed wetlands mitigation that was proposed as a part of the
Silverstone Corporate Center Subdivision in accordance with the wetlands mitigation
permit that was issued by the United States Army Corps of Engineers.
12. Provide the District with a parcel that is equal to and greater in value and size than the
previous parcel.
13. Provide the District with drainage calculations and drawings showing that the newly
proposed pond will have a capacity that is equal to or greater in storage area than the
previous parcel and will function at a level that is equal to or greater than what the
District had originally designed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (AZ-03-016)
PAGE 18 OF 23
14. Install an adequately sized drainage pipe that will extend from the proposed drainage
pond to Overland Road through the Topaz Avenue right-of--way.
15. Provide the District with sufficient access to the site by providing the District by
providing public road frontage and a permanent easement through the adjoining parking
lot for additional access to the pond.
16. If the applicant chooses to landscape the drainage pond, the applicant shall obtain a
license agreement for all landscaping that is proposed within the District's right-of--way,
drainage pond or easement. The applicant is required to have all landscape and sprinkler
plans reviewed and approved by the ACHD Drainage Division.
17. Other than the access points that have specifically been approved with this application,
direct lot or parcel access to Overland Road is prohibited. Notes of this are required to be
placed on the final plat.
18. Comply with all Standard Conditions of Approval.
ACHD Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standazds and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepaze and certify all improvement plans.
6. 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.
7. Construction, use and property development shall be in conformance with all applicable
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (AZ-03-016)
PAGE 19 OF 23
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance # 197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two
full business days prior to breaking ground within ACRD right-of--way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spaze
or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing 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 obtain written confirmation of any change from the Ada County Highway
District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force 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 awaiver/vaziance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
That afire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to
service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC
Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the
Public Works Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (AZ-03-016)
PAGE 20 OF 23
5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads.
6. All fire lanes shall have an unobstructed width of 20'. UFC 902.2.1
D. Adopt the action of the City Council taken at their September 2, 2003 meeting as follows:
For clarification:
a. The applicant stated at the September 2, 2003 meeting that the drainage lot may
not be as shown on the present plat that has already been submitted. The
applicant shall be allowed flexibility on the actual size of the retention area
only until the final engineering of the project is complete.
b. The applicant shall be allowed to work with ACHD to address the access
points, the issues along Overland Road, the curb cuts and street improvements,
and safety issues along Overland Road.
c. Pertaining to the any ACHD comments which aze incorporated above, if
ACHD modifies their report, then the applicant shall be required to comply
with the modified requirements of ACHD.
d. Per a letter submitted by Trevor C. Roberts dated August 29, 2003, he
clarifies that the southeast corner of the parcel that a portion of the land will
be used for a future roadway to be connected to a bridge crossing the
Ridenbaugh Canal, and such shall be shown on the Plat.
4. The City Attorney shall prepaze for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (C-G) General Retail and Service Commercial and Meridian City Code § I 1-7-2.
Subsequent to the passage of the Ordinance provided for in section 4 ofthis 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (AZ-03-016)
PAGE 21 OF 23
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the City
Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A
request for a regulatory takings analysis will toll the time period within which a Petition for Judicial
Review may be filed.
Please take notice that this is a final action of the governing body of the City of Meridian.
Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property
which may be adversely affected by the issuance or denial of the annexation and zoning and who
may within twenty-eight (28) days after the date of this decision and order seek a judicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regulaz meeting held on the Z3~ day of
~f~w~~- , 2003.
ROLL CALL
COUNCILMAN KEITH BIRD VOTED~-
COUNCILWOMAN TAMMY deWEERD VOTED ~/ G~
COUNCILWOMAN CHERIE Mc LANDLESS VOTED_~`~
COUNCILMAN WILLIAM L.M. NARY VOTED~~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (AZ-03-016)
PAGE 22 OF 23
MAYOR ROBERT D. CO2RRIE (TIE BREAKER)
DATED: ~ ~/ -O3
MOTION:
APPROVED:
Attest:
DISAPPROVED:
v` ~'°~~~ rFo
r
VOTED
Gi~Cowwc.~l Piro%sta••f
William G. Berg, Jr., City Clerk -. g ~~
`? 90,9 ~sT tst ~ P~Q~,c
Copy served upon Applicant, the Plarif~in~~epartment, Public Works Department and
the City Attorney. rrtnu rl natal ``vvt~w a ur~rt
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,~ G~ \~~o~ o ,I, 'c
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By~~~--~- Dated: l'~3'v3 = sEAT~
City Clerk ' ? ' ~~
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Z:1WOrkUllMeridianVvleridian 15360M~Silverstone Business Campus AZ-03-016 PP-03-018WZFtCl~fipy ~'~llryt~t\O\,`;`\
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDNISION- (AZ-03-016)
PAGE 23 OF 23