Loading...
HomeMy WebLinkAboutSilverstone Business AZ DAADA COUNTY RECORDER J. DAVID NAVARRO 52 BOISE IDAH010130l03 11:06 AM DEPUTY Bonnie Oberbillig RECORDED-REOUESTOF III IIIIVIIIIIIIIIIIVIIIIIIIIIIIIIII Mendian City 103184140 AMOUNT .00 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Ada County Highway District, Owner 3. Sundance Investments Limited Partnership or assigns, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 'Znd' day of OG-to4aen~ , 2003, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and ADA COUNTY HIGHWAY DISTRICT, hereinafter called "OWNER", whose address is 318 E. 3T" Street, Gazden City, Idaho 83714-6418, and SUNDANCE INVESTMENTS LIMITED PARTNERSHIP OR ASSIGNS, hereinafter called "OWNER/DEVELOPER", whose address is 9100 West Blackeagle Drive, Boise, Idaho 83709. ][tECITALS: 1.1 WHEREAS, "OWNER" and "Owner"/Developer" are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" or "OWNER/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner" and "Owner/Developer" have submitted an application for annexation and zoning of the "Property's" DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 1 OF 29 described in Exhibit A, and has requested a designation of (C-G) General Retail And Service Commercial District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner" and "Owner/Developer" made representations. at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 2'~"~ day of ~e~ dae~U , 2003, has approved certain Findings of Fact and Conclusions of -Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Owner" and "Owner/Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" and "OWNER/DEVELOPER" deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner" and "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 2 OF 29 and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue ~f law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER": means and refers to Ada County Highway District, whose address is 318 E. 37"' Street, Garden City, Idaho 83714- 6418, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "OWNER/DEVELOPER": means and refers to Sundance Investments Limited Partnership or assigns, whose address is 9100 West Blackeagle Drive, Boise, Idaho 83709, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 3 OF 29 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement include those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (Kl at the time of execution of this Agreement, and such fiu-ther uses as may be allowed and any revisions thereto. Uses will be governed by the Planned Development application approved for Silverstone Business Campus. See File CUP-03-044 for a list of all approved uses. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4.3 Latecomer Fee: "Owner" and "Owner/Developer" shall be entitled to receive Latecomer Fees based on an agreement to be negotiated between "Owner" and "Owner/Developer" and "City". 5. DEVELOPMENT IN CONDITIONAL USE: "Owner" and "Owner/Developer" are required to submit to "City" an application for conditional use permit, and shall be required to obtaha the "City's" approval thereof, in accordance to the City's Zorring & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property". 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owner" and "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. Before the City approves any ofthe 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. This Development Agreement 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 standazds within the subdivision be defined through DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 4 OF 29 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 ACHD as follows: Site Specific Conditions of Approval 1. The Boazd 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 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 of right-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 additionalright-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. 3. 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 appeazs 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. DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 5 OF 29 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 ofright-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". Extend Knapp Avenue from the south property line. 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 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-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 financial 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. DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 6 OF 29 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 pazcel. 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 pennanent 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 Anoroval 1. 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. DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 7 OF 29 3. Replace any existing damaged curb, gutter and sidewallc 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 construcfion shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD 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. 7. 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. 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 iwo 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 (spaze or filled) aze 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. DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 8 OF 29 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 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. 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 constntction 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 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. .DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 9 OF 29 c. Pertaining to the any ACHD 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 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. PRELIMINARY PLAT CONDITIONS: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Sanitary sewer service to this site will be from an extension of the Five Mile Trunk. The applicant will be responsible to construct lateral sewer mains, as well as extending the Five Mile Trunk, to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer mains will not be allowed within landscape areas, beneath landscape islands, and manholes will not be allowed in parking and loading areas. The applicant shall be subject to latecomers' fees. Payment ofthe latecomer's fee for each phase is required prior to signature on the final plat map of each phase by the City Engineer. 2. Water service to this site will be from an extension of existing water mains in Overland and E. Copper Point Street. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. The applicant shall be subject to applicable water main latecomers' fees. Payment of the latecomer's fee for each phase is required prior to signature on the final plat map of each phase by the City Engineer. The sidewalks shall be detached along Overland Road and a minimum 5-foot-wide landscaped parkway shall be installed between the edge of pavement and sidewalk in accordance with MCC 12-13. A 5-foot-wide sidewalk shall also be required along all public streets on the interior of the subdivision. 4. In accordance with Finding A, construct a new commercial stub street on the east side of Lot 9, Block 4 that will be in alignment with the stub street approved with DEVELOPMENT AGREEMENT (AZ03-0 ] 6) PAGE 10 OF 29 Sutherland Farm Subdivision. Said stub street shall be constructed in compliance with ACRD width and design standards. 5. A permanent pedestrian easement, in favor ofthe City of Meridian, shall be recorded adjacent to the south side of the Eight Mile Drain. The easement shall be sufficient width to cover the 10-wide pathway shown. Buildings aze precluded from constructing within this easement. The 10-foot wide hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within the subdivision. Additionally, a note shall be added to the face of the final plat indicating the City of Meridian is responsible for the maintenance of the pathway surface located within the easement. The note shall also indicate who will be responsible for landscaping maintenance within the easement. 6. All perimeter lots along E. Overland Road are subject to a minimum 35-foot wide landscape easement. This street buffer shall be designed in accordance with MCC 12- 13-10. The Silverstone Business Association shall maintain said easement and all common area lots within the subdivision. The preliminary landscape plan (Sheet L-1, dated 5/16/03 by The Land Group) is approved with the exception of the proposed signage on Overland Road. All signage for the subdivision must be approved through a sepazate Planned Sign Program application. No signage is permitted until said application is submitted and approved by the Planning & Zoning Department. 8. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches oftrees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 9. Landscaping within Lot 7, Block 2, the ACHD common/drainage lot, shall be designed in accordance with MCC 12-13-14, unless otherwise approved by the Planning & Zoning Department. 10. A detailed landscape plan, in compliance with MCC 12-13, shall be submitted with the final plat application. 11. A detailed fencing plan shall be submitted upon application of the final plat. Any fencing adjacent to the Eight Mile Drain shall be open vision and non- combustible, unless the City otherwise agrees in writing. DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 11 OF 29 12. The wetlands area adjacent to the west boundary shall be maintained in accordance with all U.S. Corps of Engineers and other agency requirements. Evidence of full compliance wiii. wetland mitigation shall be submitted to the City prior to signature of the final plat. 13. Applicant has not indicated who will own and maintain the pressurized inigation system within this development. The applicant shall be required to provide a backup source to the pressurized irrigation system. The Public Works Department as part of the development plan-review process shall review plans and specifications for the irrigation system. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. PRELIMINARY PLAT GENERAL REQUIREMENTS Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Departrnent. 3. Assessment fees for water and sewer service are determined during the building plan review process. 4. Two-hundred-fifty-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations aze at street intersections and/or fire hydrants. 5. Underground, year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped azea, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 12 OF 29 plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 7. Show all existing and proposed easements for irrigation/drainage facilities located within the boundaries of this proposed development (i.e., Eight Mile Drain easement). Any existing domestic wells and/or septic systems within this prof ect will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 9. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 10. All construction shall conform to the requirements ofthe Americans with Disabilities Act. B. Adopt the Recommendations of ACHD as follows: Site Suecific Conditions of Annroval 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 additional 23-feet of right-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. DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 13 OF 29 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. 3. 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 ofright-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 ofright-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 1N THE FUTURE". Extend Knapp Avenue from the south property line. 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 turn lane for ALL of the approved access points that intersect Overland Road. Provide DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 14 OF 29 a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the tum 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 financial 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 parcel 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, drainage pond or easement. The applicant is required to have all landscape and sprinkler plans reviewed and approved by the ACHD Drainage Division. DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 15 OF 29 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 are required to be placed on the fmal plat. 18. Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Annroval 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. 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 Standards and approved supplements, Construction Services procedures and all applicable ACHD 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 conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees aze required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 16 OF 29 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 thz 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 (spaze or filled) aze 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 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. C. Adopt the Meridian Fire Department Recommendations 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 thnr the Public Works Department. 5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 17 OF 29 6. All fire lanes shall have an unobstructed width of 20'. UFC 902.2.1 D. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: Applicant shall apply for a land use change/site application. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must 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. 4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. 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. F. 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 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 fmal 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. DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 18 OF 29 c. Pertaining to the any ACHD comments which are incorporated above, if ACHD mo,3ifies 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. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" and "Owner/Developer" or "Owner" and "Owner/Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. §67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner" and "Owner/Developer" consents upon default to the de- annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and "Owner/Developer" and if the "Owner" and "Owner/Developer" fail to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner" and "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. DEVEI.oPMENT AGREEMENT (AZ-03-016) PAGE 19 OF 29 10. DEFAULT: 10.1 In the event "Owner" and "Owner/Developer", "Owner" and "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", the "City" shall provide written notice of any failure to comply to "Owner" and "Owner/Developer". In the event that "Owner" and "Owner/Developer" fail to cure such default within thirty (30) days of such notice, or in the event that such default cannot be fully cured within thirty (30) days, "Developer" fails to fully and faithfully prosecute correcfing the default or deficiency, this Agreement may be unilaterally modified or terminated by the City of Meridian upon compliance with the requirement of the ordinances in effect with the City of Meridian provided however that: a. Default shall be limited to each lot of record or parcel involved in the default action. Default on one lot shall not encumber other lots or parcels within the "Property". The entire "Property" is subject to this Development Agreement, but except for required improvements to landscape areas and other common areas, default(s) shall be addressed and assigned on an individual lot or parcel basis; b. In the event the City determines that this Agreement shall be modified as a result of a default, the terms of this Agreement shall be amended and the "Developer" shall comply with the amended terms. Failure to comply with the amended terms shall result in default. The amended terms may include that all lots or parcels which aze defaulting parcels shall be subject to conditional use permit applications for any previously permitted uses proposed to be developed thereon. c. A waiver by "City" of any default by "Developer" of any one or more of the covenants or conditions hereof shall be in writing and shall apply solely to the breach and breaches waived and shall not baz any other rights or remedies of DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 20 OF 29 "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner" and "Owner/Developer's" cost, and submit proof of such recording to "Owner" and "Owner/Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "city" shall execute and record an appropriate insteument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner" and "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" and "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting parry shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure maybe extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 21 OF 29 causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridiai. City Code § 12-5-3, to insure that installation of the improvements, which the "Owner" and "Owner/Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner" and "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements aze completed, unless the "City" and "Owner" and "Owner/Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: OWNER/DEVELOPER: Sundance Investments Partnership or assigns 9100 West Blackeagle Drive Boise, Idaho 83709 OWNER: DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 22 OF 29 City Clerk Ada County Highway District City of Meridian 318 E. 37~' Street 33 E. Idaho Ave. Garden City, Idaho 83714-6418 Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner" and "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" and "Owner/Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 23 OF 29 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 24 OF 29 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. SUNDANCE INVESTMENTS PARTNERSHIP OR ASSIGNS Atte BY: BY: ADA COUNTY HIGHWAY DISTRICT Attest: BY: BY: ~II ~,® ~~~`/ CITY OF MERIDIAN DEVELOPMENT AGREEMENT PAGE 25 OF 29 \\ ~~~pFuAAFn~~++4~~~~ "+r0 ~, Attest: ~ G~ ~pRVORgT ti Fo SEAL __ _ ~j~ ~ 9Cq-, ~~ CITY CLERK , O is .~~: '~~~''9~(1NT`I ~Q``~\\ /+++++++nrui uu+++```~~~ STATE OF IDAHO, ) :ss COUNTY OF ADA ) On this 2 ~ day of ~ C'V-~~ r in the year 2003 before me, a Notary Public, personalfly appeared ~ a r. ,, ~ 5 8 ~' ,known r identified to me to be f Sundance Investments Limited Partnership or assigns, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said limited partnership or assigns. am a.w~~r,~e~ a~cn°'~ - ~ (SEAL) of ublic or Idaho Residing at: 6 Commission expires: ~ DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 26 OF 29 STATE OF IDAHO, ) :ss COUNTY OF ADA ) On this day of before me, a Notary Public, personally and Ada County Highway District, acknowledged to me that they Highway District. / in the year 2003 known or identified to me to be the hand of ;persons who executed the instrument and executed the same on behalf of said Ada County (SEAL) STATE OF IDAHO, ) :ss COUNTY OF ADA, ) Notary Public for Idaho Residing at: Commission expires:- On this `L ~"~ day of ©Ga-oh.etr , in the year 2003, before me, a Notary Public, personally appeazed an William G. Berg, know or identified to me to be the andF„l~er~s~~of~e City of Meridian, who executed the instrumenf o~t~Cie p s n~fi~ia`"I""ke ecuted the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) Z:\WorklMlMeridia Notary Public for Idaho Residing at: 7~~,cac~..-~,r Jd~ Commission expires:~l - $-p~- Business Campus AZ-03-016 PP-03-0IBlDevelopAgTWO.doc DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 27 OF 29 EXHIBIT A Leval Description Of Proaerty Sundance Investments Limited Partnership owns the two lazgest pazcels totaling 77.8 acres, and Ada County Highway District owns the third parcel along the east boundary totaling 2.9 acres: A parcel of land being the E''/x of the NW '/a of Section 21, Township 3 North, Range 1 East, B.M., Ada County, Idaho and more described as follows: COMMENCING at a brass cap monument marking the NW corner of said NW '/a, thence S 89°14'20" E a distance of 1332.53 to a 518 inch rebaz marking the NW corner of said E11/x and the POINT OF BEGINNING; Thence along the North line of said E''/x S 89°14'20" E a distance of 1332.52 to a brass cap monument marking the NE corner of said E ''/x; Thence along the East line of said E''/x S 00°11'43" W a distance of 2657.19 feet to a brass cap monument marking the SE comer of said E ''/x; Thence along the South line of said E''/x N 89°07'33" W a distance of 1333.75 feet to a 5/8 inch rebaz mazking the SW corner of said E11/x; Thence along the West line of said E '/x N 00° 13' 16" E a distance of 2654.55 feet to the POINT OF BEGINNING; Said Pazcel contains 81.28 acres more or less and is subject to all existing easements and rights-of--ways of record or implied. DEVELOPMENT AGREEMENT (AZ-03-016) PAGE 28 OF 29 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (A~03-016) PAGE 29 OF 29 BEFORE 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 Larson, and Edward J. Thomas, appeared and testified, and the City Counci] 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 Ciry 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 SUBDNISION- (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 parcel 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) largest pazcels, totaling approximately 77.8 acres. Ada County Highway District owns the third pazcel (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. 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: 481ot 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 SUBDIVISION- (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 aze 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 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. 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 SUBDNISION- (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 sidewallc 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 vehiculaz traffic that is 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. 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 intemal roadways as 40-foot street sections with curb, gutter and 5-foot concrete sidewalk within 54-feet ofright-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. 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 tum 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 financial 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 parcel 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 Aoad 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 pazking 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 SUBDNISION- (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 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 Standazd Conditions of Aonroval 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 sidewallc 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 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 conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees aze 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 ACRD right-of--way. The applicant shall contact ACRD 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 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/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 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 are incorporated above, if ACRD 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 pazce] 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 azeas [ofthe 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 Pdan policy. The applicant chose not to include any residential component. bVhile Silverstone wild 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 reguired 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 dot in a central location within the development. They are also proposing amulti-use pathway along the Eight Mile Lateral, which will 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 dots are proposed to have a C-G base zone (with a Development Agreement). Staff fonds that the application does not comply with this Comp Pdan 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 Specif c 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 SUBDIVISION- (AZ-03-016) PAGE 9 OF 23 • "No upper limit ofnon-residential uses (squaze footage)." (See Chapter VII, pgs. 97-98, for the above-mentioned six bullets/policies.) "Locate new community commercial areas 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 Business 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 project. 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 are 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 chazacter 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 are 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 Specific 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 Reseazch 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 are exercised. Some uses may be disturbing to future residential uses to the east. It is not anticipated that the proposed uses will be hazardous 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 welfaze. 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 yards. 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 standazds 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 SUBDIVISION- (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 internaUcaptured. If all roadway improvements shown by the developer and in EarthTech's report are made, the study notes that Eagle and Overland Roads in the vicinity of this site aze projected to have adequate capacity to operate at LO5 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 area 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. bulk storage of flammable liquids, contractor's yards, public utility yards, 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 commerciaUindustrial 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, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glaze and odors. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SILVERSTONE CAMPUS SUBDIVISION- (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 § I 1-7-2 K as follows: (C-Gl General Retail and Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need 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. 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 Couacil 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 ofthis 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 Planning & 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 SUBDNISION- (AZ-03-016) PAGE 16 OF 23 B. Adopt the Recommendations of the ACRD as follows: Site Specific Conditions of Apuroval The Boazd 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 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 sidewallc 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 sidewallc 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. 3. 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/neaz 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 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 IN THE FUTURE". Extend Knapp Avenue from the south property line. 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 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-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 tum 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 tum 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 may be 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 yeazs 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 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 perrnits), which incorporates any required design changes. Construcfion, 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 ACRD 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 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 terrns 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/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: 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 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 SUBDNISION- (AZ-03-016) PAGE 20 OF 23 5. All radii shall be 28' inside and 48' outside radius for all enteances and internal roads. 6. All fire lanes shall have an unobstructed width of 20'. iJFC 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 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 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 clazifies 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 prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C-G) General Retail and Service Commercial and Meridian City Code § 11-7-2. 5. Subsequent to the passage ofthe 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 TAHINGS 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 wrifing, 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 maybe 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 regular meeting held on the Z'~~ day of ~~G~y....~G..> , 2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED~~`~ COUNCILWOMAN TAMMY deWEERD VOTED 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. CORRIE (2TIE BREAKER) DATED:_ 9 ~~~°©J MOTION: APPROVED: DISAPPROVED: VOTED Attest: ``~~~~"F`~',~,~ilu~°(c6c/r~2 Gfsf(~h.K-cif P/Yl~s~o.~-f William G. Berg, Jr., Ci~'y Clerk .~ °'L"`~ ,~ ~, ,~ ,~~.J ~TiS'~. P,ZQ`•`c Copy served upon Applicant, the Planiia~~~i [iin~~'epartment, Public Works Department and the City Attorney. rrrnunnul~\~ `~\~~nui"'rr~~ r~ ,.+~y pF ~~ '%. ~ FO B 'G~``d,'' ~ ~, Dated: ~'a 3'/~3 s~~~ City Clerk ^~~ y ~, G~ 190 %90,9 ~r tst • P.rO\;, Z:\WorkN~I\MeridianHvieridian 15360M\Silversrone Business Campus A7-03-016 PP-03-0IBWZFfCI2rNQj reriNT`(11`~~~~~`~~` 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