HomeMy WebLinkAboutSilverstone Business CUP 03-044interoffice
MEMORANDUM
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To:
From:
Subject:
File No.:
Date:
William G. Berg, Jr.
William F. Nichols
BY: SUNDANCE INVESTMENTS FOR CONDITIONAL USE PERMIT FOR
SILVERSTONE BUSINESS CAMPUS IN A C-G ZONE
CUP-03-044
November 19, 2003
Will:
Fr'ilV 19 2003
C y Clerk ~ e
Please find attached the original FINDINGS OF FACT CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT
TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent
Agenda for Council discussion and decision.
If you should have any questions please give me a call.
Z:\WOrkVvi\MeridianN~teridian 15360[vT\Silverstone Business Campus CUP-03-044\CIkIJrCUPfrcls&Order I1 19 03.dcc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 11/05/03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A PLANNED
DEVELOPMENT IN A PROPOSED
C-G ZONE FOR THE PROPOSED
SILVERSTONE BUSINESS
CAMPUS, LOCATED ON THE
SOUTH SIDE OF EAST
OVERLAND ROAD,
APPROXIMATELY'/ MILE EAST
OF SOUTH EAGLE ROAD (EAST
OF SILVERSTONE CORPORATE
CENTER), MERH)IAN, IDAHO
SUNDANCE INVESTMENTS,
APPLICANT
Case No. CUP-03-044
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the City
Council on November 5, 2003 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning
Department, and Cornel Larson, appeared and testified, and the City Council having duly
considered the evidence and the record in this matter and the Recommendations to City Council
issued by the Planning and Zoning Commission who conducted a public hearing and the Council
having heard and taken oral and written testimony, and having duly considered the matter, the
City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and
Order to-wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 1 OF 29
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for two
(2) consecutive weeks prior to the said public hearing scheduled for November 5, 2003, before
the City Council, the first publication appearing and written notice having been mailed to
property owners or purchasers of record within three hundred feet (300') of the external
boundaries of the property under consideration more than fifteen (15) days prior to said hearing
and with the notice of public hearing having been posted upon the property under consideration
more than one week before said hearing and the copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the matter having
been duly considered by the City Council at the November 5, 2003, public hearings; and the
applicant, affected property owners, and government subdivisions providing services within the
planning jurisdiction of the City of Meridian, having been given full opportunity to express
comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by
the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
This proposed development request is in a C-G (General Retail and Service
Commercial) zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public
hearing was required before the City Council on this application.
4. The property is located on the south side of East Overland Road, approximately'/o
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTPIONAL USE PERMTT
PAGE 2 OF 29
mile east of South Eagle Road, (east of Silverstone Corporate Center), Meridian, Idaho, and the
parcel is contiguous to existing city limits.
The owner of record of the subject property is Sundance Investments, 9100 W.
Blackeagle Drive, Boise, Idaho.
6. Applicant is same as owner.
The subject property is currently zoned C-G (General Retail and Service
Commercial). The zoning districts of C-G is defined within the City of Meridian Zoning and
Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for a Planned
Development consisting of 49 new commercial lots and 4 common lots on 80.51 acres in a
proposed C-G zone for Silverstone Business Campus. The C-G zoning designation requires that
a conditional use permit be obtained for most uses including those requested by the Applicant.
(Meridian City Code, Section 11-8-1).
9. The proposed application is in compliance with the Meridian Comprehensive
Plan, which designates the subject property as Mixed Use-Regional.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning
maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance
establishing the Impact Area Boundary.
12. Giving due consideration to the comment received from the governmental
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 3 OF 29
subdivisions providing services in the City of Meridian planning jurisdiction public facilities and
services required by the proposed development will not impose expense upon the public if the
following conditions of development are imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planning jurisdiction of the
City of Meridian, subject to the following:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. The Applicant shall add a minimum of 7,485 squaze feet of open space within the
development if the ten (10) percent gross area open space is to be eligible as an
amenity of the Planned Development. If this area is not added, a second amenity shall
be provided and approved by the City Council.
2. The ACHD stormwater detention pond lot shall be designed as active open space,
subject to ACHD's approval.
3. The hours of operation for all places of business that are located within Special Use
Area "A" shall be limited to the hours of 6:OOam through 7:OOpm.
4. The Applicant's request to allow supplemental uses of the Michael's of Oregon
business to be expanded into Silverstone Business Campus as permitted uses (see
Exhibit C, page 5) is approved.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
CONDITIONAL USE PERMIT SITE SPECIFIC CONDITIONS
1. The Silverstone Business Campus Planned Development shall comply with all
conditions approved as part of File No. PP-03-018 (Silverstone Business Campus
preliminary plat) and File No. AZ-03-016 (Silverstone Business Campus annexation).
2. Exhibit "C" of the application shall be amended as follows:
a. Permitted uses (page 1 and 2): Delete "Utility Facility -Major" and require
this use only through the conditional use process;
b. "Special UseArea-A" (page 2): The permitted use labeled as "Construction
Business (Contractor's Shop and Yazd)" shall now be labeled as "Construction
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECLSION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 4 OF 29
Business (Contractor's Warehouse/Office)" and defined as a place ofbusiness which
allows the outdoor storage of materials that are incidental to the indoor business use,
excluding all heavy equipment, contractor's equipment (e.g. backhoes) and
demolition storage. Any outdoor storage yards shall be fenced and comply with the
Zoning Ordinance standards in effect at the time.
o. "Special Use Area - A" (page 3): Add a qualifier to "Manufacturing" to
restrict to indoor operations only;
d. "Special Use Area - A" (page 3): Limit "Public Utility Yazd" to minorpublic
utilities, as defined by MCC 11-2-2;
3. Bicycle racks shall be installed at all buildings used for office and retail uses within
the Silverstone Business Campus Subdivision.
4. The Planning and Zoning Department is hereby granted authority to approve
modifications to the original Master Site Plan (where Topaz Ave. is straight) that conform to
either Site Plan #2 (Topaz Ave. is curved), Site Plan #3 (Copper Point Dr. is realigned to the
north), or other modifications as permitted under MCC 11-17-10. However, a new
Preliminary Plat application must be submitted if Site Plan #3 or other major modifications
to the approved Preliminary Plat (see PP-03-018) are made in the future. (Per action of the
City Council taken at their November 5, 2003 meeting.)
As permitted under MCC 12-3-6 and MCC 12-6, the applicant may choose to phase
the construction of this development. Each phase must comply with the approved
Preliminary Plat and Planned Development, as described above. Ifthe phasing plan does not
incorporate Copper Point Dr. in the first phase (e.g. only the northern portion of the
development), a temporary fire access road, as approved by the Meridian Fire Department,
shall be constructed to connect Topaz Avenue and S. Jade Avenue. (Per action of the City
Council taken at their November 5, 2003 meeting.)
5. The applicant shall be responsible for reserving or dedicating an area within the
development to be used for a future bus stop. Applicant shall coordinate the timing, size and
location of the bus stop with the Va1leyRide staff and submit a letter verifying said
coordination to the P&Z Department prior to final approval of the perimeter landscaping
plan.
6. The following amenities aze required as part of the planned development: a public,
multi-use pathway on the south side of the Eight Mile Drain (approximately 3,500 feet long)
and three, common, open space lots. The total amount of open space within the subdivision
shall equal at least 8.05 acres, or 350,658 square feet. At least ten (10) days prior to the next
public hearing, the Applicant shall revise the conceptual master plan to demonstrate how this
open space requirement will be met or provide an additional amenity to be approved by the
Commission and Council.
STANDARD CUP/PD CONDITIONS
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMIT
PAGE 5 OF 29
1. Any existing irrigation drainage ditches crossing the property to be included in this
project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved bythe
appropriate irrigation/drainage district, or lateral users association, with written confirmation
of said approval submitted to the Public Works Department. No variances have been
requested for tiling of any ditches crossing this project.
2. Any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service per City Ordinance Section 5-7-517. Wells may
be used for non-domestic purposes such as landscape irrigation.
3. Off-street parking shall be provided in accordance with City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific requirements.
4. Paving and striping shall be in accordance with the standards set forth in the City
of Meridian Zoning and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
5. A drainage plan designed by a State of Idaho licensed azchitect or engineer is required
and shall be submitted to the City Engineer for all off-street parking areas. All site drainage
shall be contained and disposed of on-site. An operation and maintenance agreement for
joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision.
6. Outside lighting shall be designed and placed so as not to direct illumination on any
nearby residential areas and in accordance with City Ordinance.
7. All signage shall be in accordance with the standards set forth in the City of
Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or
flashing signs will be permitted.
C. Adopt the Recommendations of ACRD as follows:
SITE SPECIFIC CONDTI'IONS OF APPROVAL
1. 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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 6 OF 29
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 night-of--way, in an easement provided to the Distnict.
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 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".
Extend Knapp Avenue from the south property line.
8. If the applicant would like a third access point to Overland Road, construct a 35-
foot wide shared driveway that intersects Overland Road approximately 600-feet west of
the east property line and aligns with the existing driveway at 3820 Overland Road.
9. If the applicant develops before the Overland Road project, construct a center tum
lane for ALL of the approved access points that intersect Overland Road. Provide a
minimum of 100-feet of storage with shadow tapers for both the approach and departure
directions. Coordinate the design, of the turn lane with District staff. Dedicate sufficient
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTI'IONAL USE PERMTP
PAGE 7 OF 29
right-of--way to accommodate for the tum 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 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 funcfion 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'sright-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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERNIIT
PAGE 8 OF 29
STANDARD CONDITIONS OF APPROVAL
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.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at 387-
6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACRD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
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 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 ACRD
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 9 OF 29
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 propertyunless 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.
D. Adopt the Recommendations of the Meridian Fire Department as follows:
1. That afire-flow as required by the International Fire Code shall be available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of
400' apart.
2. Operational fire hydrants and temporary or permanent street signs aze required before
combustible construction begins.
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.
5. All radii shall be 28' inside and 48' outside radius.
6. Insure that all yet undeveloped parcels are maintained free of combustible vegetafion per
section 1103.2.4 of the Uniform Fire Code.
The roadways shall be built to Ada County Highway Standards. UFC 902.2.1
8. No vertical obstructions or mature landscaping which obstructs the outlets of the fire
hydrant within 10'.
9. All building uses and processes to comply with the International Fire Code.
10. A 20' wide fire lane shall be maintained around all proposed buildings.
11. A vertical clearance of 13' 6" shall be maintained over fire lanes, this may affect
mature trees.
E. Adopt the Recommendations of Central District Health Department as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMIT
PAGE 10 OF 29
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 & Welfaze, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy Swale prior to dischazge 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 Recommendations of the Nampa & Meridian Irrigation District as follows:
Submit a Land Use Change Application to the Irrigation District prior to fmal
platting.
2. All laterals and waste ways must be protected.
3. The District's Eight Mile Drain courses through this project. This easement must
be protected and any encroachment without a signed License Agreement and
approved plan, before any construction is started, is unacceptable.
4. All municipal surface drainage must be retained on site. If any surface drainage
leaves the site, the District must review the drainage plans.
5. The developer must comply with Idaho Code 31-3805.
G. Adopt the Recommendations of the Parks Department as follows:
1. Build the pathway to the recommended Pathway Standards.
2. Outdoor recreational areas considered under Special Use Area "B" approved uses,
recommended to be coordinated with the Parks and Recreation Comprehensive
Plan, if considered.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMIT
PAGE 11 OF 29
13. It is found that the subject property is lazge enough to accommodate most of the uses
allowed in the C-G zone. There were two conceptual site plans submitted with the application
that demonstrate potential lot layouts and circulation patterns within the approved preliminary
plat. These plans demonstrate that retail, office and warehouse uses could all be accommodated
in various configurations within the development.
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 aze typically developed under a master or conceptual
plan...and to identify key areas [of the City] which aze 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 degee ofdesign and use
flexibility." (See Chapter VII, pg. 97.) The requested C-G zoning generally conforms to this stated
purpose and intent of the MU-Regional designation.
"Locate new community commercial azeas on arterials or collectors near residential azeas
in such a way as to complement with adjoining residenfial azeas." (Chapter VII, Goal I,
Obj. B, #5)
Stlverstone 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 notproposed 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)
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 12 OF 29
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. It is found, after review of the applicant's list of proposed uses (Exhibit C of
application), that they are almost identical to the uses approved for Silverstone-approved to the west.
The majority ofthese 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 C-G uses,
including manufacturing, warehouses, and utility centers that are found that may not be harmonious
with future residential to the east. However, the applicant has attempted to address this concern
through the creation of "Special Use Areas."
It is also found that the following proposed uses in Exhibit C would be prohibited unless
otherwise approved under the subject PD application
Bottling & Distribution Plant
Electrical Equipment, Products
Laboratories (medical, dental, optical)
Molded Plastic Product
Vocational, Trade, Industrial School
Fabricated Metal Products
Club, Lodge, Social Hall
Hospitals
Medical Research Facilities
Seed and Garden Supply
Packaging Facilities
Industrial Research
Machine Shop Office Machines
Public Utility Yards Small Machinery & Component Parts
Woodworking Shop Bulk Storage: Flammable Liquids/Gasses
Residential
16. It is found that the majority of the proposed uses will not adversely affect existing or
future neighboring uses if all development and landscaping standards and ordinances are exercised.
FIlVDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTl'IONAL USE PERMIT
PAGE 13 OF 29
Of the proposed uses in Special Use Area "A," it is found that the following three uses could
adversely affect future residential properties, depending upon the future users and their hours of
operation:
Contractor's Shop and Yard
Manufacturing
Public Utility Yards
MCC 11-12-3.E. requires that all contractor's vards be located a minimum distance of 300
feet from any residence. No lot on the east side of S. Topaz Avenue has a depth greater than
272 feet. Therefore, since variances cannot be granted for land uses, it is found that
contractor's yards should be removed from allowable uses within Special Use Area "A" as
they would violate this ordinance. The impact of manufacturing uses depends largely upon
whether the use is operated fully within enclosed structures or if it involves external uses. It
is recommended that any manufacturing within this area be restricted to indoor operations
only. Public utilitYvards are not specifically defined by Meridian's code. MCC 11-2-2 does
define "Public Utility Facility, Major" and "Public Utility Facility, Minor." The "major"
category includes uses like power substations, water storage reservoirs, etc. The "minor"
category includes uses like small wells and pump houses." It is recommended that this use in
Special Use Area "A" be limited to minor public utilities, as defined by MCC 11-2-2.
17. It is found that roadway improvements will be requiredYo handle the additional traffic
generated by this development. The applicant is working with ACHD to potentially expedite the
expansion of Overland Road. ACHD and the Applicant are working together to determine the extent
of the required improvements. All other public services and facilities appear to be adequate to service
this property.
18. 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.
19. It is found that several of the proposed uses for Silverstone-proposed 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTI'IONAL USE PERNIIT
PAGE 14 OF 29
other potential impacts may not be adequately addressed by the Zoning or Subdivision
Ordinance. Some of the proposed uses would require a CUP, which would allow for mitigation
standards to be addressed at that time. To comply with this fmding, the following use shall be
changed from a permitted use to a conditional use: "Utility Facility- Major."
20. 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-
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 3,797 would be
internal/captured. 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 ofthis site are projected to have
adequate capacity to operate at LOS D (see page 22 of EarthTech report).
In accordance with Comp 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.
21. It is found that the Eight Mile Drain and mitigated wetlands area exist on the property
and must be protected. Some ofe 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.).
22. The City Council recognizes the concerns of Edwazd J. Thomas in his letter
stamped RECEIVED OCT 31 2003 City of Meridian City Clerk Office.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMIT
PAGE 15 OF 29
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at
Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Council of the City of Meridian has established by the passage of the "City of Meridian Zoning
and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special and/or conditional use permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions of the ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the same
that the evidential showing supports the finding that the following standards are met and that the
proposed development: (Meridian City Code § 11-17-3)
a. That the site is large enough to accommodate the proposed use and all yazds,
open spaces, parking, landscaping and other features as maybe required by this Ordinance;
b. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance;
c. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character of the general
vicinity and that such use will not adversely change the essential character of the same area;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMIT
PAGE 16 OF 29
d. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed
conditional use shall be able to provide adequately any such services;
f. That the proposed use will not create excessive additional cost for public
facilifies and services and will not be detrimental to the economic welfare of the community;
g. That the proposed use will not involve activities or processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property or the
general welfaze by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create interference with traffic on surrounding public streets; and
i. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
5. Prior to granting a conditional use permit in the General Retail and Service
Commercial District (C-G), a public hearing shall be conducted with notice to be published and
provided to property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the land under consideration for the condifional use permit all in
accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and
Development Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission and
Council shall follow notice and hearing procedures provided in Chapter 15 of this Title.
Provided, however, that conditional use applications for land in Old Town and in
industrial and commercial districts shall only be required to have one public hearing
which shall be held before the Planning and Zoning Commission; and after the
recommendation of the Commission is made, the application shall go before the City
Council without a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 17 OF 29
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City
of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code §
11-17-6)
When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW,
THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMIT
PAGE 18 OF 29
AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does
Order that:
That the above named applicant is granted a conditional use permit for a Planned
Development consisting of 49 new commercial lots and 4 common lots on 80.51 acres in a
proposed C-G zone for Silverstone Business Campus, subject to the following conditions of use
and development, subject to the following:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. The Applicant shall add a minimum of 7,485 squaze feet of open space within the
development if the ten (10) percent gross area open space is to be eligible as an
samenity of the Planned Development. If this azea is not added, a second amenity
shall be provided and approved by the City Council.
2. The ACHD stormwater detention pond lot shall be designed as active open space,
subject to ACHD's approval.
3. The hours of operation for all places of business that are located within Special
Use Area "A" shall be limited to the hours of 6:OOam through 7:OOpm.
4. The Applicant's request to allow supplemental uses of the Michael's of Oregon
business to be expanded into Silverstone Business Campus as permitted uses (see
Exhibit C, page 5) is approved.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
CONDITIONAL USE PERMIT SITE SPECIFIC CONDITIONS
The Silverstone Business Campus Planned Development shall comply with all
conditions approved as part of File No. PP-03-018 (Silverstone Business Campus
preliminary plat) and File No. AZ-03-016 (Silverstone Business Campus annexation).
2. Exhibit "C" of the application shall be amended as follows:
a. Permitted uses (page 1 and 2): Delete "Utility Facility -Major" and require
this use only through the conditional use process;
b. "Special UseArea- A" (page 2): The permitted use labeled as "Construction
Business (Contractor's Shop and Yard)" shall now be labeled as "Construction
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMIT
PAGE 19 OF 29
Business (Contractor's Warehouse/Office)" and defined as a place ofbusiness which
allows the outdoor storage of materials that are incidental to the indoor business use,
excluding all heavy equipment, contractor's equipment (e.g. backhoes) and
demolition storage. Any outdoor storage yards shall be fenced and comply with the
Zoning Ordinance standards in effect at the time.
c. "Snecial Use Area - A" (page 3): Add a qualifier to "Manufacturing" to
restrict to indoor operations only;
d. "Snecial Use Area- A" (page 3): Limit "Public Utility Yard" to minor public
utilities, as defined by MCC 11-2-2;
3. Bicycle racks shall be installed at all buildings used for office and retail uses
within the Silverstone Business Campus Subdivision.
4. The Planning and Zoning Department is hereby granted authority to approve
modifications to the original Master Site Plan (where Topaz Ave. is straight) that
conform to either Site Plan #2 (Topaz Ave. is curved), Site Plan #3 (Copper Point
Dr. is realigned to the north), or other modifications as permitted under MCC 11-
17-10. However, a new Preliminary Plat application must be submitted if Site
Plan #3 or other major modifications to the approved Preliminary Plat (see PP-03-
018) are made in the future. (Per action of the City Council taken at their
November 5, 2003 meeting.)
As permitted under MCC 12-3-6 and MCC 12-6, the applicant may choose to phase
the construction of this development. Each phase must comply with the approved
Preliminary Plat and Planned Development, as described above. If the phasing plan
does not incorporate Copper Point Dr. in the first phase (e.g. only the northern
portion of the development), a temporary fire access road, as approved by the
Meridian Fire Department, shall be constructed to connect Topaz Avenue and S. Jade
Avenue. (Per action of the City Council taken at their November 5, 2003 meeting.)
5. The applicant shall be responsible for reserving or dedicating an area within the
development to be used for a future bus stop. Applicant shall coordinate the
timing, size and location of the bus stop with the Va1leyRide staff and submit a
letter verifying said coordination to the P&Z Department prior to final approval of
the perimeter landscaping plan.
6. The following amenities are required as part of the planned development: a public,
multi-use pathway on the south side of the Eight Mile Drain (approximately 3,500
feet long) and three, common, open space lots. The total amount of open space within
the subdivision shall equal at least 8.05 acres, or 350,658 square feet. At least ten
(10) days prior to the next public hearing, the Applicant shall revise the conceptual
master plan to demonstrate how this open space requirement will be met or provide
an additional amenity to be approved by the Commission and Council.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 20 OF 29
STANDARD CUP/PD CONDTIIONS
1. Any existing irrigation/drainage ditches crossing the property to be included in this
project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the
appropriate irrigation/drainagedfstrict, or lateral users association, with written confirmation
of said approval submitted to the Public Works Department. No variances have been
requested for tiling of any ditches crossing this project.
2. Any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service per City Ordinance Section 5-7-517. Wells may
be used for non-domestic purposes such as landscape irrigation.
3. Off-street parking shall be provided in accordance with City ofMeridian Zoning and
Development Ordinance and/or as detailed in site-specific requirements.
4. Paving and striping shall be in accordance with the standards set forth in the City
of Meridian Zoning and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
5. A drainage plan designed by a State ofIdaho licensed architect or engineer is required
and shall be submitted to the City Engineer for all off-street parking areas. All site drainage
shall be contained and disposed of on-site. An operation and maintenance agreement for
joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision.
6. Outside lighting shall be designed and placed so as not to direct illumination on any
nearby residential areas and in accordance with City Ordinance.
7. All signage shall be in accordance with the standazds set forth in the City of
Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or
flashing signs will be permitted.
C. Adopt the Recommendations of ACHD as follows:
SITE SPECIFIC CONDITIONS OF APPROVAL
The Board of Commissioners authorizes the expenditure of available collected
impact fees, or other District funds, if available, for the purchase 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 21 OF 29
along Overland Road, and construct a minimum 5-foot wide concrete sidewalk
along Overland Road, located a minimum of 41-feet from the centerline of the
right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Overland Road, located a minimum of 41-feet from the
centerline of the right-of--way, in an easement provided to the District.
c. Provide a road trust deposit in the amount of $26,660.00 to be used for future
sidewalk construction along the applicant's property.
2. Construct a commercial roadway that intersects Overland Road approximately
400-feet east of Silverstone Way to align with Jade Avenue, as proposed.
3. Construct a wmmercial 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 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 IN
THE FUTURE".
Extend Knapp Avenue from the south property line.
8. If 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERNIIT
PAGE 22 OF 29
9. If the applicant develops before the Overland Road project, construct a center turn
lane for ALL of the approved access points that intersect Overland Road. Provide
a minimum of 100-feet of storage with shadow tapers for both the approach and
departure directions. Coordinate the design of the turn lane with District staff.
Dedicate sufficient right-of--way to accommodate for the turn lanes that have been
identified by the traffic impact study.
10. Construct right-tum lanes for ALL of the approved access points that intersect
Overland Road, as they become warranted. Coordinate the design of the taper
with District staff. Dedicate sufficient right-of--way to accommodate for the 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 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 azea
than the previous pazcel and will function at a level that is equal to or greater than
what the District had originally designed.
14. Install an adequately sized drainage pipe that will extend from the proposed
drainage pond to Overland Road through the Topaz Avenue right-of--way.
15. Provide the District with sufficient access to the site by providing the District by
providing public road frontage and a permanent easement through the adjoining
parking lot for additional access to the pond.
16. If the applicant chooses to landscape the drainage pond, the applicant shall obtain
a license agreement for all landscaping that is proposed within the District's right-
of-way, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTIIONAL USE PERMIT
PAGE 23 OF 29
this are required to be placed on the final plat.
18. Comply with all Standard Conditions of Approval.
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.
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.
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 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 24 OF 29
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.
D. Adopt the Recommendations of the Meridian Fire Department as follows:
That afire-flow as required by the International Fire Code shall be available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an
average of 400' apart.
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
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.
5. All radii shall be 28' inside and 48' outside radius.
6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation
per section 1103.2.4 of the Uniform Fire Code.
7. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1
8. No vertical obstructions or mature landscaping which obstructs the outlets of the fire
hydrant within 10'.
9. All building uses and processes to comply with the International Fire Code.
10. A 20' wide fire lane shall be maintained around all proposed buildings.
11. A vertical clearance of 13' 6" shall be maintained over fire lanes, this may affect
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 25 OF 29
mature trees.
E. Adopt the Recommendations of 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.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater 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 Recommendations of the Nampa & Meridian Irrigation District as follows:
1. Submit a Land Use Change Application to the Irrigation District prior to final platting.
2. All laterals and waste ways must be protected.
3. The District's Eight Mile Drain courses through this project. This easement must be
protected and any encroachment without a signed License Agreement and approved plan,
before any construction is started, is unacceptable.
4. All municipal surface drainage must be retained on site. If any surface drainage leaves
the site, the District must review the drainage plans.
5. The developer must comply with Idaho Code 31-3805.
G. Adopt the Recommendations of the Parks Department as follows:
Build the pathway to the recommended Pathway Standards.
2. Outdoor recreational areas considered under Special Use Area "B" approved uses,
recommended to be coordinated with the Parks and Recreation Comprehensive Plan, if
considered.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERNIIT
PAGE 26 OF 29
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
§ 11-17-9.
The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. That the City Attorney draft an Order Granfing Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public
Works Department and any affected party requesting notice.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION
Please take notice that the conditional use permit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the council. During this time, the permit
holder must commence the use as permitted in accordance with the conditions of approval,
satisfy the requirements set forth in the conditions of approval, acquire building permits and
commence construction of permanent footings or structures on or in the ground. In this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the commission and council a construction schedule and
completion date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTIIONAL USE PERMIT
PAGE 27 OF 29
the first phase. In the event that the development is made in successive contiguous segments or
multiple phases, such phases shall be constructed within successive intervals of one year from the
original date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-
4.B.)
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 writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review 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 being a person who has an
interest in real property which maybe adversely affected by the issuance or denial of the
conditional use permit approval may within twenty-eight (28) days after the date of this decision
and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the day of
2003.
ROLL CALL:
COUNCILMAN KEITH BIRD VOTED
COUNCILWOMAN TAMMY deWEERD VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTPIONAL USE PERMIT
PAGE 28 OF 29
COUNCILWOMAN CHERIE Mc LANDLESS VOTED
COUNCILMAN WILLIAM L.M. NARY VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED:
MOTION:
APPROVED:
Attest:
DISAPPROVED:
Mayor Robert D. Come
William G. Berg, Jr., City Clerk
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
By:
City Clerk
Dated:
Z:1WorklM~MeddianVNeddian 15360AfiSllverstone Business Campus CUP-03-044~FfCIsCUP03-044.dac
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 29 OF 29
BEFORE THE CITY COUNCIL OF THE CITY OF MERH)IAN
C/C 11/05/03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A PLANNED
DEVELOPMENT IN A PROPOSED
C-G ZONE FOR THE PROPOSED
SILVERSTONE BUSINESS
CAMPUS, LOCATED ON THE
SOUTH SIDE OF EAST
OVERLAND ROAD,
APPROXIMATELY'/ MILE EAST
OF SOUTH EAGLE ROAD (EAST
OF SLIVERSTONE CORPORATE
CENTER), MERIDIAN, H)AHO
Case No. CUP-03-044
ORDER GRANTING
CONDITIONAL USE PERMIT
SUNDANCE INVESTMENTS,
APPLICANT
This matter coming before the City Council on November 5 2003, under the
provisions of Meridian City Code § 11-17-4 for fmal action on conditional use permit application
and the Council having received and approving the Recommendation of the Planning and Zoning
Commission the Council takes the following action:
2. That the above named applicant is granted a conditional use permit for a Planned
Development consisting of 49 new commercial lots and 4 common lots on 80.51 acres in a
proposed C-G zone for Silverstone Business Campus. The requested conditional use permit for
the Planned Development located on the south side of East Overland Road, approximately
ORDER CONDTTIONAL USE PERMIT
(CUP-03-044)
PAGE 1 OF 12
mile east of South Eagle Road (East of Silverstone Corporate Center), Meridian, Idaho, is subject
to the following conditions of use and development:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. The Applicant shall add a minimum of 7,485 square feet of open space within the
development if the ten (10) percent gross area open space is to be eligible as an
amenity of the Planned Development. If this area is not added, a second amenity shall
be provided and approved by the City Council.
2. The ACHD stormwater detention pond lot shall be designed as active open space,
subject to ACHD's approval.
3. The hours of operation for all places of business that are located within Special Use
Area "A" shall be limited to the hours of 6:OOam through 7:OOpm.
4. The Applicant's request to allow supplemental uses of the Michael's of Oregon
business to be expanded into Silverstone Business Campus as permitted uses (see
Exhibit C, page 5) is approved.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
CONDITIONAL USE PERMIT SITE SPECIFIC CONDITIONS
1. The Silverstone Business Campus Planned Development shall comply with all
conditions approved as part of File No. PP-03-018 (Silverstone Business Campus
preliminary plat) and File No. AZ-03-016 (Silverstone Business Campus annexation).
2. Exhibit "C" of the application shall be amended as follows:
a. Permitted uses (page 1 and 2): Delete "Utility Facility- Major" and require
this use only through the conditional use process;
b. "Special UseArea- A" (page 2): The permitted use labeled as "Constructon
Business (Contractor's Shop and Yard)" shall now be labeled as "Construction
Business (Contractor's Warehouse/Office)" and defined as a place ofbusiness which
allows the outdoor storage of materials that are incidental to the indoor business use,
excluding all heavy equipment, contractor's equipment (e.g. backhoes) and
demolition storage. Any outdoor storage yards shall be fenced and comply with the
Zoning Ordinance standards in effect at the time.
ORDER CONDITIONAL USE PERMIT
(CUP-03-044)
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c. "Special Use Area - A" (page 3): Add a qualifier to "Manufacturing" to
restrict to indoor operations only;
d. "Special Use Area- A" (page 3): Limit "Public UtilityYazd" to minor public
utilities, as defined by MCC 11-2-2;
3. Bicycle racks shall be installed at all buildings used for office and retail uses within
the Silverstone Business Campus Subdivision.
4. The Planning and Zoning Department is hereby granted authority to approve
modifications to the original Master Site Plan (where Topaz Ave. is straight) that conform to
either Site Plan #2 (Topaz Ave. is curved), Site Plan #3 (Copper Point Dr. is realigned to the
north), or other modifications as permitted under MCC 11-17-10. However, a new
Preliminary Plat application must be submitted if Site Plan #3 or other major modifications
to the approved Preliminary Plat (see PP-03-018) aze made in the future. (Per action of the
City Council taken at their November 5, 2003 meeting.)
As permitted under MCC 12-3-6 and MCC 12-6, the applicant may choose to phase
the construction of this development. Each phase must comply with the approved
Preliminary Plat and Planned Development, as described above. Ifthe phasingplan does not
incorporate Copper Point Dr. in the first phase (e.g. only the northern portion of the
development), a temporary fire access road, as approved by the Meridian Fire Department,
shall be constructed to connect Topaz Avenue and S. Jade Avenue. (Per action of the City
Council taken at their November 5, 2003 meeting.)
5. The applicant shall be responsible for reserving or dedicating an area within the
development to be used for a future bus stop. Applicant shall coordinate the timing, size and
location of the bus stop with the Va1leyRide staff and submit a letter verifying said
coordination to the P&Z Department prior to final approval of the perimeter landscaping
plan.
6. The following amenities aze required as part of the planned development: a public,
multi-use pathway on the south side ofthe Eight Mile Drain (approximately 3,500 feet long)
and three, common, open space lots. The total amount of open space within the subdivision
shall equal at least 8.05 acres, or 350,658 square feet. At least ten (10) days prior to the next
public hearing, the Applicant shall revise the conceptual master plan to demonstrate how this
open space requirement will be met or provide an additional amenity to be approved by the
Commission and Council.
STANDARD CUP/PD CONDTI'IONS
1. Any existing irrigation/drainage ditches crossing the property to be included in this
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project, shall be tiled per City Ordinance 11-9-605.M. 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. No variances have been
requested for tiling of any ditches crossing this project.
2. Any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service per City Ordinance Section 5-7-517. Wells may
be used for non-domestic purposes such as landscape irrigation.
3. Off-street parking shall be provided in accordance with City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific requirements.
4. Paving and striping shall be in accordance with the standazds set forth in the City
of Meridian Zoning and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
5. A drainage plan designed by a State of Idaho licensed architect or engineer is required
and shall be submitted to the City Engineer for all off-street parking areas. All site drainage
shall be contained and disposed of on-site. An operation and maintenance agreement for
joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision.
6. Outside lighting shall be designed and placed so as not to direct illumination on any
neazby residential areas and in accordance with City Ordinance.
7. All signage shall be in accordance with the standards set forth in the City of
Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or
flashing signs will be permitted.
C. Adopt the Recommendations of ACHD as follows:
SITE SPECIFIC CONDITIONS OF APPROVAL
1. The Boazd of Commissioners authorizes the expenditure of available collected
impact fees, or other District firnds, 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 sidewalk
along Overland Road, located a minimum of 41-feet from the centerline of the
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right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Overland Road, located a minimum of 41-feet from the
centerline of the right-of--way, in an easement provided to the District.
c. Provide a road trust deposit in the amount of $26,660.00 to be used for future
sidewalk construction along the applicant's property.
2. Construct a commercial roadway that intersects Overland Road approximately
400-feet east of Silverstone Way to align with Jade Avenue, as proposed.
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.
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 sidewallc.
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 IN THE FUTURE".
Extend Knapp Avenue from the south property line.
8. If 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
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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 tum 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 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 pazcel and will function at a level that is equal to or greater than what the
District had originally designed.
14. Install an adequately sized drainage pipe that will extend from the proposed
drainage pond to Overland Road through the Topaz Avenue right-of--way.
15. Provide the District with sufficient access to the site by providing the District by
providing public road frontage and a permanent easement through the adjoining parking
lot for additional access to the pond.
16. If the applicant chooses to landscape the drainage pond, the applicant shall obtain
a license agreement for all landscaping that is proposed within the District's right-of--way,
drainage pond or easement. The applicant is required to have all landscape and sprinkler
plans reviewed and approved by the ACHD Drainage Division.
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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 Standazd Conditions of Approval.
STANDARD CONDITIONS OF APPROVAL
Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five yeazs old aze not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at 387-
6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepaze and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
7. Construction, use and property development shall be in conformance with all
applicable 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.
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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 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.
D. Adopt the Recommendations of the Meridian Fire Department as follows:
1. That afire-flow as required by the International Fire Code shall be available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of
400' apart.
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
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.
5. All radii shall be 28' inside and 48' outside radius.
6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per
section 1103.2.4 of the Uniform Fire Code.
7. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1
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8. No vertical obstructions or mature landscaping which obstructs the outlets of the fire
hydrant within 10'.
9. All building uses and processes to comply with the International Fire Code.
10. A 20' wide fire lane shall be maintained around all proposed buildings.
11. A vertical clearance of 13' 6" shall be maintained over fire lanes, this may affect
mature trees.
E. Adopt the Recommendations of 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.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater 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 Recommendations of the Nampa & Meridian Irrigation District as follows:
Submit a Land Use Change Application to the Irrigation District prior to final
platting.
2. All laterals and waste ways must be protected.
3. The District's Eight Mile Drain courses through this project. This easement must
be protected and any encroachment without a signed License Agreement and
approved plan, before any construction is started, is unacceptable.
4. All municipal surface drainage must be retained on site. If any surface drainage
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leaves the site, the District must review the drainage plans.
5. The developer must comply with Idaho Code 31-3805.
G. Adopt the Recommendations of the Parks Department as follows:
1. Build the pathway to the recommended Pathway Standards.
2. Outdoor recreational areas considered under Special Use Area "B" approved uses,
recommended to be coordinated with the Parks and Recreation Comprehensive
Plan, if considered.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable without
complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to
this permit.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT
DURATION
Please take notice that the conditional use permit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the council. During this time, the permit
holder must commence the use as permitted in accordance with the conditions of approval,
satisfy the requirements set forth in the conditions of approval, acquire building permits and
commence construction of permanent footings or structures on or in the ground. In this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the commission and council a construction schedule and
completion date for the project. If the complefion date specified for the project is exceeded, the
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conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. In the event that the development is made in successive contiguous segments or
multiple phases, such phases shall be constructed within successive intervals of one year from the
original date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-
4.B.)
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 writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petifion
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 being a person who has an
interest in real property which maybe adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review as provided by
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Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the day of
2003.
Attest:
William G. Berg, Jr., City Clerk
Robert D. Cowie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
By:
City Clerk
Dated:
Z:\Work\M'u~feridianVvteridian 15360IMSilversrone Business Campus CUP-03-044\Orde~CUP.doc
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