Silverstone Corporate Center AZ 01-001ADA COUHT¥ RECORDER
J~ DAVID NAVARRO
BOISE, IDAHO
200tJ!. 6 PH 2:36
RECORDED-REOUEST OF ~
F~ ~ O~PUTY~
10i 0 955
RECEIVED
JUL 13 2001
City of Meridi.an
City Clerk Office
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Sundance Investments Limited Partnership or assigns,
Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this t/7''~ day of ~7'~ ,e~O/, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and SUNDANCE INVESTMENTS LIMITED
PARTNERSHIP ORASSIGNS, hereinafter called "OWNER"/"DEVELOPER",
whose address is 9~00 West Blackeagle Drive, Boise, Idaho' 83709.
1. RECITALS:
1.1
WHEREAS,."Owner"/Developer" is the sole owner, 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, hereinafter referred to as the
"Property"; and
1.2
WHEREAS, I.C. Section 67-651 lA, Idaho Code, provides
that cities may, by ordinance, require or permit as a
condition of re-zoning that the "Owner" or "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"/"Developer" has submitted an
application for annexation and zoning of the "Property's
described in Exhibit A, and has requested a designation of
(C-C) Commercial Business District and (C-G) General
DEVELOPMENT AGREEMENT (AZ-01-001) - 1
Retail And Service Commercial District, (Municipal Code
of the City of Meridian); and
1.5
WHEREAS, "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" hdd before the Planning & Zoning
Commission, and subsequently before the City Coundl,
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 ~ day of ., 2001,
has approved certain Findings of Fact and Condusions of
Law and Decision and Order for Annexation and Zoning
and for Conditional Use Permit, set forth respectively in
Exhibits B and B-i, 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"/"Developer" enter into a development agreement
before the City Council takes final action on annexation
and zoning designation; and
1.9
,,OWNERm/,,DEVELOPER' deems it to be in its 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"/"Developer" to
enter into a development agreement for the purpose of
ensuring that the "Property" is developed and the
DEVELOPMENT AGREEMENT (AZ-01-001 ) - 2
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 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 December 21, 1993,
Ordinance #629, January 4, 1994, and the Zoning and
Development Ordinances codified in Meridian City Code
Title 11 and Tide 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 of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
3.2
,,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".
3.3
"PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
DEVELOPMENT AGREEMENT (AZ-OI-O01) - 3
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length, which "Property" will be platted as a 17-lot
commercial subdivision.
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 I 1-7-2 (I and K) at the time
of execution of this Agreement, and such further uses as
may be allowed and any revisions thereto. Permitted uses
are those uses listed as permitted uses under the C-C and
C-G zoning designations at 11-8- I at the time of execution
of this Agreement, and any expanded uses permitted by
revisions thereto.
4.2
Notwithstanding anything to the contrary set forth in 4.1,
attached as Exhibit C are the permitted, conditional and
prohibited uses for the "Property".
4.3
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
4.4
Latecomer Fee: "Owner"/"Developer" shall be entitled to
receive Latecomer Fees based on an agreement to be
negotiated between "Owner"/"Developer" and "City".
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY: "Owner"/"Developer" shall develop the "Property" in
accordance with the following special conditions:
5.1
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. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users
DEVELOPMENT AGREEMENT (AZ-01-001) - 4-
5.2
5.3
5.4
5.5
5.6
5.7
association, with written confirmation of said approval
submitted to the Public WorLs Department.
Any existing domestic wells and/or septic systems within
this project shall 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.
Streeflights shall be required at locations designated by the
Public Works Department. All streetlights shall be
installed at subdivider's expense. Typical locations are at
street intersections and/or fire hydrants. Final design
locations and quantity are determined after Idaho Power
Company completes power designs. Street light contractor
to obtain design and permit from the Public Works
Department prior to commencing installations.
Compaction test results shall be submitted to the Meridian
Building Department for all building lots receiving
engineered backfill.
Off-street parking shall be provided in accordance with
City of Meridian Zoning and Development Ordinance
and/or as detailed in site-specific requirements.
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.
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.
DEVELOPMENT AGREEMENT (AZ-01-001) - 5
5.8
Outside lighting shall be designed and placed so as not to
direct illumination on any nearby residential areas and in
accordance with City Ordinance.
5.9
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 shall be permitted.
5.10 Provide five-foot-wide sidewalks throughout development
in accordance with City Ordinance.
5.11 All construction shall conform to the requirements of the
Ai-nericans with Disabilities Act.
6. 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"/"Developer" or
"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.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION: "Owner"/"Developer" consents upon default to the
de-annexation and/or a reversal of the zoning designation of the "Property"
subject to and in accordance with paragraph 9, and conditioned upon the
following conditions precedent to-wit:
7.1
That the "City" provide written notice of any failure to
comply with this Agreement to "Owner'/'Developer" and
if the "Owner"/"Developer" fails to cure such failure within
six (6) months of such notice.
8. INSPECTION: "Owner'7"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
DEVELOPMENT AGREEMENT (AZ-Oi-O01) - 6
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.
9. DEFAULT: In the event the "Developer", his/her heirs or
assigns or subsequent owners of the property or other person acquiring an
interest in the property, fails 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/Developer". In the event that "Owner/Developer" fails 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 correcting 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 are defaulting parcels shall be subject to conditional use
permit applications for any previously permitted uses proposed to
be developed thereon.
(c)
A waiver by the "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
DEVELOPMENT AGREEMENT (AZ-01-001) - 7
shall not bar any other rights or remedies of the "City" or apply
to any subsequent breach of any such or other covenants or
conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Owner"/"Developer"'s cost, and submit proof of such recording to
"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 instrument of release of this Agreement.
11. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Owner"/"Developer", or by any
successor or successors in tide 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.
12.1
In the event of a material breach of this Agreement, the
parties agree that "City" and "Owner'7"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 party 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 may be extended
for such period as may be necessary to complete the curing
of the same with diligence and continuity.
DEVELOPMENT AGREEMENT (AZ-01-001) - 8
12.2
In the event the performance of any covenant to be
performed hereunder by either "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 causes, the time for
such performance shall be extended by the amount of time
of such delay.
13. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under Meridian City Code Section 12-5-3, to
ensure that installation of the improvements, which the "Owner"/"Developer"
agrees to provide, is completed.
14. CERTIFICATE OF OCCUPANCY: The "Owner'7'Developer"
agrees that no Certificates of Occupancy will be issued until all improvements
are completed, unless the "City" and "Owner'7"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".
15. ABIDE BYALL CITY ORDINANCES: That
"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.
16. 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: DEVELOPER:
DEVELOPMENT AOR F,EMENT (AZ-01-001 ) - 9
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Sundance Investments Partnership
or assigns
9100 West Blackeagle Drive
Boise, Idaho 83709
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
16.1
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.
17. 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.
18. 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.
19. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, induding "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
DEVELOPMENT AGREEMENT (AZ-01-001) - 10
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"/"Developer", to execute appropriate and recordable
evidence of termination of this Agreement if "City", in its sole and reasonable
discretion, had determined that "Owner'V"Developer" has fully performed its
obligations under this Agreement.
20. 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.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between
"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"/"Developer" and "City", other
than as are stated herein. In the event the Terms and Provisions of the
"Findings" are in conflict with the Terms and Provisions of this Agreement,
this Agreement shall prevail. 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
thenr or their successors in interest or their assigns, and pursuant, with respect
to "City", to a duly adopted ordinance or resolution of "City".
21.1
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.
22. 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 Cleric.
DEVELOPMENT AGREEMENT (AZ-01-001) - 11
ACICNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
SUNDANCE INVESTMENTS
PARTNERSHIP OR ASSIGNS
Attest:
BY:
CITY OF MERIDIAN
BY: v~:~l~_~fl ~ ~-~-~4,4.cl
MAYOR ROBERT D. CORmE
Attest: '.j
(
'~ITY CLEm< (/ ~'
BY RESOLUTION NO. ~
DEVELOPMENT AGREEMENT (AZ-01-001 ) - 12
STATE OF IDAHO)
COUNTY OF ADA)
:SS
On this / 9 ~ day of
before me, ~ d) DVe~t~o
, in the year 2001,
a Notary Public, personally appeared
and
, lmown or identified to me to be
general partners of Sundance Investments Limited Partnership or assigns, and the
persons who executed the instrument and aclmowledged to me that they having
executed the same on behalf of said limited partnership or assigns.
., io;..'-
STATE OF ID~O
County of Ada
Notary PuNic for Idaho
Residing at :~~ff___
Commission expires:
)
:SS
)
On this [7t~' day of ~3uo[~- , in the year 2001,
before me, a Notary Public, personally appeared R~bert D. Corrie and William
G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of
the City of Meridian, who executed the instrument or the person that executed
the instrument of behalf of said City, and acknowledged to me that such City
executed the
OTa.~
~SEAL) ~. ~ ,., ~OiiL~C~ ~ N~ar~Public for Idaho
' °°°' ~ ""'"'"'~'°°* '~8 - ~g~' C ~{~iission expires: o~,¢o7
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DEVELOPMENT AGREEMENT (AZ-01-001 ) - 13
EXHIBIT A
Legal Description Of Property
Community Business (C-C) Property:
A parcel of land being a portion of the West 1/2 of the Northwest 1/4 of
Section 21, Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho. Said parcel is more particularly described as follows:
Commencing at the Northwest Corner of said Section 21, said Comer
being the POINT OF BEGINNING; thence,
South 00°14'50" West 1,807.29 feet along the section line, being the
centerline of South Eagle Road; thence,
South 89045' 10" East 425.00 feet to a point on a curve; thence
471.24 feet along said curve to the left, said curve having a radius of
300.00', a delta of 90°00'00'', and a long chord bearing North
45°14'50" East 424.26 feet; thence,
North 00014'50'' East 281.04 feet to a point on a curve; thence,
146.36 feet along said curve to the left, said curve having a radius of
300.00 feet, a delta of 27°57'10'', and a long chord bearing North
13043'45'' West 144.9I feet; to a point on a curve, thence
617.60 feet along said curve to the tight, said curve having a radius of
300.00 feet, a delta of 117°57'10'', a long chord beating North 31°16'15"
East 514. I7 feet, to a point on a curve; thence,
471.24 feet along said curve to the left, said curve having a radius of
300.00 feet, a delta of 90°00'00'', and a long chord bearing North
45°14'50" East 424.26 feet; thence,
DEVELOPMENT AGREEMENT (AZ-01-001) - 14
North 00014'50" East 333.56 feet to a point on the section line of said
Section 21, said line also being the centerline of West Overland Road;
thence along said section line
North 89°13'50" West 1255.05 feet to the POINT OF BEGINNING.
Said parcel contains 36.6 acres, more or less.
General Retail And Service Commercial (C-G) property:
A parcel of land being a portion of the West I/2 of the Northwest 1/4 of
Section 21, Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho. Said parcel is more particularly described as follows:
Commencing at the Northwest Corner of said Section21, thence South
00014'50" West 1,807.29 feet along the section line, being the centerline
of South Eagle Road to the POINT OF BEINNING; thence,
South 89°45'10'' East 425.00 feet to a point on a curve, thence
471.24 feet along said curve to the left, said curve having a radius of
300.00', a delta of 90°00'00', and a long chord bearing North 45014'50''
East 424.26 feet; thence,
North 00014'50'' East 281.04 feet to a point on a curve; thence,
146.36 feet along said curve to the left, said curve having a radius of
300.00 feet, a delta of 27°57'10'', and a long chord bearing North
13°43'45" West 144.91 feet; to a point on a curve, thence
617.60 feet along said curve to the right, said curve having a radius of
300.00 feet, a delta of 117°57'10'', and a long chord bearing North
31°16'15'' East 514.17 feet, to a point on a curve; thence
471.24 feet along said curve to the left, said curve having a radius of
300.00 feet, a delta of 90°00'00'', and a long chord bearing North
45014'50" East 424.26 feet; thence,
DEVELOPMENT AGREEMIENT (AZ-01-001) - 15
North 00014'50'' East 333.56 feet to a point on the section line of said
Section 21, said line also being the centefline of West Overland Road;
thence along said section line
South 89°13'50'' East 77.45 feet; to a point on the east line of said West
1/2 of the Northwest 1/4; thence, leaving said section line,
South 00°13'16'' West 2654.36 feet along said east line to the southeast
comer of said West 1/2; thence
North 89o07'33'' West 1333.74 feet to a point on the section line of said
Section 21, said line also being the centefline of South Eagle Road; thence
along said section line
North 00°14'50'' East 844.62 feet to the POINT OF BEGINNING.
Said parcel contains 44.6 acres, more or less.
DEVELOPMENT AGREEMENT (AZ-01-001 ) - 16
EXHIBIT B- 1
Conditional Use Permit
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-01-001) - 18
BEFORE THE MERIDIAN CITY COUNCIL
C/C 04-03-01
Revised 07/12/01
IN THE MATTER OF THE )
APPLICATION OF SUNDANCE )
INVESTMENTS LIMITED )
PARTNERSHIP OR ASSIGNS, )
THE APPLICATION FOR )
ANNEXATION AND ZONING )
OF 78 ACRES FOR PROPOSED )
SILVERSTONE CORPORATION )
CENTER, LOCATED ON THE )
SOUTH EAST CORNER OF )
OVERLAND AND EAGLE )
ROADS, MERIDIAN, IDAHO )
Case No. AZ-01-001
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on for
public hearing on March 20, 2001, and continued until April 3, 2001, at the hour of
6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and
testified, and appearing on behalf of the Applicant were Comell Larson and Roger
Anderson, and no one appeared in opposition, and the City Council having duly
considered the evidence and the record in this matter therefore makes the following
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-0 ] -oo 1 )
Page 1
Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
I. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for March 20, 2001 and continued until April 3, 2001, before the City
Council, the first publication appearing and written notice having been mailed to
property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the property under consideration more than fifteen (15) days
prior to said hearing and with the notice of public hearing having Joeen posted upon
the property under consideration more than one week before said heating; and that
copies of all notices were made available to newspaper, radio and television stations
as public service announcements; and the matter having been duly considered by the
City Council at the March 20, 2001 and continued until April 3, 2001, public
hearing; and the applicant, affected property owners, and government subdivisions
providing services within the planning 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 and 67-6511, and Meridian City Code §§ 11-15-5
and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP/SILVERSTONE CORP CENTER/
(AZ-Ol-OO1)
development ordinances codified at Titles I 1 and 12, Meridian City Code, and all
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian
adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the
ordinance establishing the Impact Area Boundary.
4. The property which is the subject of the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full.
5. The property is approximately 78 acres in size and is located at the
southeast comer of Overland Road and Eagle Road. The property is designated as
Silverstone Corporate Center.
6. The owner of record of the subject property is the Sundance
Investments Limited Partnership of Boise, Idaho.
7. Applicant is owner of record.
8. The property is presently zoned by Ada County as R- I and RUT, and
consists of vacant ground.
9. The Applicant requests the property be zoned as C-C and C-G.
10. The subject property is bordered to the north by two single-family
residences, a nursery and an ACHD Park and Ride Lot, open pasture and vacant
parcels to the south, an 80-acre parcel with a single-family dwelling to the east and
agricultural land to the west. Thousand Springs Subdivision is to the southwest.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(Az-o 1-oo 1)
The city limits of the City of Meridian are adjacent and abut the subject property.
1 I. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area as defined in the Meridian
Comprehensive Plan.
13. The Applicant proposes to develop the subject property in the following
manner: a 17 lot subdivision as a planned development.
14. The Applicant requests zoning of the subject real property as C-C and
C-G which is consistent with the Meridian Comprehensive Plan Generalized Land
Use Map which designates the subject property as Mixed/Planned Use Development.
15. There are no significant or scenic features of major importance that
affect the consideration of this application.
16. The City Council recognizes the concerns of Suthefland Farm, Inc.
dated February 5, 2001, which request extension of Titanium Way and the addition
of a collector street at the south end of the subject property.
I7. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-Oi-O01)
imposed:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
17.1
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. Plans shall be
approved by the appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted to the
Public Works Department.
17.2
Any existing domestic wells and/or septic systems within this project
shall 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.
17.3
Streetlights shall be required at locations designated by the Public
Works Department. Ail streetlights shall be installed at subdivider's
expense. Typical locations are at street intersections and/or fire
hydrants. Final design locations and quantity are determined after
Idaho Power Company completes power designs. Street light contractor
to obtain design and permit from the Public Works Department prior to
commencing installations.
17.4 Compaction test results shall be submitted to the Meridian Building
Department for all building pads receiving engineered backfill.
17.5
Off-street parking shall be provided in accordance with City of Meridian
Zoning and Development Ordinance and/or as detailed in site-specific
requirements.
17.6
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.
17.7
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-OI-O01)
A drainage plan designed by a State ofldaho 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
Page 5
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.
17.8
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance.
17.9
Al1 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 shall be permitted.
17.10 Provide five-foot-wide sidewalks throughout development in accordance
with City Ordinance.
17.11 All construction shall conform to the requirements of the Americans
with Disabilities Act.
17.12
The applicant has submitted a list of proposed uses which, although not
allowed for in the C-C or C-G zone in their entirety, may be allowed as
part of a planned development. Some of the uses are not defined in
Meridian's Zoning and Development Ordinance, while other uses listed
may be prohibited outright in the Zoning Schedule of Use Control. The
list appears a little too all-inclusive and needs further refinement. P&Z
Commission and City Council carefully shall consider all proposed uses
so an acceptable development agreement shall be drafted. See Exhibit C
of the Development Agreement for permitted, conditional and
prohibited uses.
17.13 A Development Agreement shall be required as a condition of
annexation.
18. 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. 17, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-OI-O01)
Page 6
condition of annexation and zoning designation. If appropriate, a Latecomer
Agreement shall be entered into between the City and the Owner/Developer which
shall require partial reimbursement by other water and sewer users connecting to the
lines installed by the Owner/Developer.
19. It is also found that the development considerations as referenced in
Finding No. 17 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, glare and odors.
20. It is found that the zoning of the subject real property as Community
Business District (C-C) and General Retail And Service Commercial District (C-G)
requires connection to the Municipal Water and Sewer systems and will be
compatible with the Applicant's development intentions, and will assure that the
zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use
Map which designates the subject property as Mixed/Planned Use Development.
21. The subject annexation request and zoning designation and proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-OI-O0 ~)
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
21.1
The consideration of the provisions of the Comprehensive Plan and the
requirements of the zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive Plan
and the zoning ordinance of the City to all applications such as the
subject application.
21.2
This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
21.3 The application is consistent with Meridian's self identity.
21.4
The preservation and improvement of the character and quality of
Meridian's mn-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive Plan and the zoning ordinance of the City to the subject
application.
21.5
Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
cleariy identifiable.
21.6
Compatible and effident use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
Plan and the zoning ordinance of the City to the subiect application.
22. The property can be physically serviced with City water and sewer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP/SILVERSTONE CORP CENTER/
(AZ-O 1-001 )
Page 8
CONCLUSIONS OF LAW
I. 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 § 1 I- 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 "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan, City of Meridian, adopted
December 21, 1993, Ord. No. 629, January 4, 1994.'
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1 To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment by
adopting City-wide and Urban Service Planning Area policies,
which deal with area-specific policies and programs.
4.2 To ensure that growth and development occur in an orderly
Page 9
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-01-001
4.3
fashion in accordance with adopted policies and procedures
governing the use of land, residential development the provision
of senrices and the distribution of new housing units within the
Urban Service Planning Area.
To encourage the kind of economic growth and development
which supplies employment and economic self-sufficiency for
existing and future residents, reduces the present reliance on
Boise and strengthens the City's ability to finance and
implement public improvements, services and its open space
character.
4.4
To provide housing opportunities for all economic groups within
the community.
4.5
To preserve and improve the character and quality of Meridian's
man-made environment while maintaining its identity as a self-
sufficient community.
4.6
To encourage cultural, educational and recreational facilities
which will fill the needs and preferences of the citizens of
Meridian and to insure that these facilities are available to all
residents of the City.
4.7
To provide community services to fit existing and projected
needs.
4.8
To establish compatible and efficient use of land through the
use of innovative and functional site design.
4.9
To encourage a balance of land use patterns to insure that
revenues pay for services.
4. l0 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
4B. The sections of the Comprehensive Plan that most directly apply to the proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP/SILVERSTONE CORP CENTER/
(AZ-01-001 )
Page 10
project are as follows:
4.1
Goal 3 is "to encourage the kind of economic growth and development
which supplies employment and economic self-sufficiency for existing and
future residents, reduces the present reliance on Boise and strengthens
the City's ability to finance and implement public improvements,
services, and its open space character."
4.2
Goal 5 is "to preserve and improve the character and quality of Meridian's
man-made environment while maintaining its identity as a self-sufficient
community."
4.3
Goal 8 is "to establish compatible and efficient use of land through the
use of innovative and functional site design."
4.4 Economic Development
1.1
The City of Meridian shall make every effort to create a positive
atmosphere that encourages .... commercial enterprises to locate
in Meridian.
1.2
It is the policy of the City of Meridian to set aside areas where
commercial and industrial interest and activities are to
dominate.
1.3
The character, site improvements and type of new commercial
or industrial developments should be harmonized with the
natural environment and respect the unique needs and features
of each area.
1.5
Strip industrial and commercial uses are not in compliance with
the Comprehensive Plan.
2.2U Encourage and support job market expansion that provides for
mid- and upper-range wage scale and benefits.
Land Use
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-01-001 )
Page 11
1.SU Encourage a balance of land uses to ensure that Meridian
remains a desirable, stable and self-sufficient community.
1.6U Develop a land use review process that involves the public
in the conceptual stage of a development proposal and
utilizes staff expertise to address detailed standards.
1.10UPromote the design of attractive roadway entryway areas
into Meridian which will dearly identify the community.
1.11U Protect citizen investments in existing public facilities
(water, sewer, streets, fire, police) by encouraging
controlled growth through city planning reviews and
development agreements.
4.8U
Encourage commerdal uses, offices and medical-care uses
to locate in the Old Town district, business parks,
shopping centers and near high-intensity activity areas,
such as freeway interchanges.
5.6
The development of a variety of compatible land uses
should be provided in specific plans and proposals for
future development.
5.10
Development should be conducted under Planned Unit
Development procedures and as conditional uses,
especially when two or more differing uses are proposed.
5.12
Strip development within this mixed-use area is not in
compliance with the goals and policies of the
Comprehensive Plan.
5.13 Clustering of uses and controlled access points along
arterials and collector streets will be required.
5.14UBecause these areas are near 1-84, Franklin and Overland
Roads, high-quality visual appearance is essential. Ail
development proposals in this area will be subject to
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-0 t-00 t )
Page 12
development review guidelines and conditional use
permitting procedures.
5.15U The mixed-use area in the vicinity of the Overland
Road/Franklin Road/Eagle Road/I-84 interchange is a
priority development area.
Natural Resources and Hazardous Areas
3.1U Manage and prevent unsuitable uses along drainageways and
protect the floodplain of creeks and drains.
4.1U Developments contiguous to natural waterways, irrigation
canals, laterals and drainage ditches must consider all
available information concerning floodplain waterways.
Public Services, Utilities and Energy Resources
5.2
All new developments will be phased for connection to the
municipal water system within the Urban Service Planning
Area.
5.4 Adequate water supply will be available for fire protection.
5.5
All development in the USPA shall be required to connect to
the municipal sewer system.
5.8U
Procure and develop additional water sources to ensure
sufficient water supply for future residential and industrial
demands.
Transportation
1.4U Monitor and coordinate the compatibility of the land use and
transportation system.
1.SU Encourage clustering of uses and controlled access points
along arterial, collector and section line roads.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(6Z-Ol-OO1)
Page 13
1.10URequire traffic studies evaluating the impact of generated
traffic volumes (internal and external circulation) on adjacent
streets and to preserve the integrity of residential
neighborhoods, as requested by the City.
Open Space, Parks and Recreation
3.1
Establish a network of open space corridors that are either
improved, semi-improved or unimproved which have the
potential to enhance local identification within the area.
Community Design
1.3 Open space areas within all development should be
encouraged.
1.4
Major entrances to the City should be enhanced and
emphasized. Unattractive land uses along these entrances
should be screened from view.
2.1U
2.3U
2.5U
4.4U
Encourage area beautification through uniform sign design
that enhances the community.
Encourage the beautification of streets, parking lots, public
lands, and state highways.
Encourage the use of attractive open space, landscaping,
lighting and street furniture for the benefit of the public.
Encourage landscaped setbacks for new development on
entrance corridors. The City shall require, as a condition of
development approval, landscaping along all entrance
corridors.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-0 ! -001 )
Page 14
5.2
Ensure that all new development enhances rather than
detracts from the visual quality of its surroundings, especially
in areas of prominent visibility.
5. The zonings of Community Business District (C-C) and General Retail And
Service Commercial District (C-G) are defined in the Zoning Ordinance at § 11-7-
2 I and K as follows:
(C-C) Community Business District: The purpose of the C-C District is to
permit the establishment of general business uses that are of a larger scale than
a neighborhood business, and to encourage the development of modem shopping
centers with adequate off-street parking facilities, and associated site amenities
to serve area residents and employees; to prohibit strip commercial development
and encourage the clustering of commercial enterprises. All such districts shall
have direct access to a transportation arterial and collector and be connected to
the Municipal water and sewer systems of the City.
(C-G) General Retail And Service Commercial District: The purpose of the
C-G District is to provide for commercial uses which are customarily operated
entirely or almost entirely within a building; to provide for a review of the impact
of proposed commercial uses which are auto and service oriented and are located
in dose proximity to major highway or arterial streets; to fulfill the need of travel-
related services as well as retail sales for the transient and permanent motoring
public. All such districts shall be connected to the Municipal water and sewer
systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
6. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and develop a
mixed/planned use development.
7. Since the annexation and zoning of land is a legislative function, the City
has authority to place conditions upon the annexation of land. See Burt vs. The City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(3y~.o ~ -001 )
Page 15
Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983).
8. 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.
9. The development of the property shall be subject to and controlled by the
Zoning and Subdivision and Development Ordinances of the City of Meridian.
10. Section 11-16-4 A of the Zoning and Development Ordinance provides in
part as follows:
If property is annexed and zoned, the City may require or permit, as a condition
of the zoning, that an owner or developer make a written commitment concerning
the use or development of the subject property. If a commitment is required or
permitted, it shall be recorded in the office of the Ada County Recorder and shall
take effect upon the adoption of the ordinance anne~dng and zoning the property,
or prior if agreed to by the owner of the parcel. Unless the commitment is
modified or terminated by the City Council, the commitment shall be binding on
the owner of the parcel, each subsequent owner, and each other person acquiring
an interest in the property. A commitment is binding on the owner of the
property even if it is unrecorded; however, an unrecorded commitment is binding
on subsequent owners and each other person acquiring an interest in the property
only if the subsequent owner and each other person acquiring an interest in the
property has actual notice of the commitment.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-O ~-OOi)
Page 16
hereby Order and this does Order:
I. The applicant's request for annexation and zoning of approximately 78
acres to Community Business District (C-C) and General Retail And Service Commercial
District (C-G) is granted subiect to the terms and conditions of this Order hereinafter
stated.
2.
The application is for annexation and zoning of 78 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 enter into a Development Agreement that provides in the
event the conditions therein are not met by the Developer that the property shall be
subject to de-annexation, with the City of Meridian, which provides for the following
conditions of development, to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
3.1
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. Plans shall be
approved by the appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted to the
Public Works Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP/SILVERSTONE CORP CENTER/
(AZ-O 1-00 l)
Page 17
3.2
3.3
3.4
3.5
3.6
3.7
Any existing domestic wells and/or septic systems within this project
Shall have to be removed from their domestic service per City Ordinance
Section 9-I-4 and %4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
Streetlights shall be required at locations designated by the Public
Works Department. All streetlights shall be installed at subdividers
expense. Typical locations are at street intersections and/or fire
hydrants. Final design locations and quantity are determined after
Idaho Power Company completes power designs. Street light contractor
to obtain design and permit from the Public Works Department prior to
commencing installations.
Compaction test results shall be submitted to the Meridian Building
Department for all building pads receiving engineered backfill.
Off-street parking shall be provided in accordance with City of Meridian
Zoning and Development Ordinance and/or as detailed in site-specific
requirements.
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.
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 ioint drainage
facilities shall be developed for inclusion in the CC&R's of the
subdivision.
3.8
3.9
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance.
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 shall be permitted.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(Az-o~-ool)
Page 18
3.10 Provide five-foot-wide sidewalks throughout development in accordance
with City Ordinance.
3. i 1All construction shall conform to the requirements of the Americans
with Disabilities Act.
3.12 The applicant has submitted a list of proposed uses which, although not
allowed for in the C-C or C-G zone in their entirety, may be allowed as
part of a planned development. Some of the uses are not defined in
Meridian's Zoning and Development Ordinance, while other uses listed
may be prohibited outright in the Zoning Schedule of Use Control. The
list appears a little too alMnclusive and needs further refinement. P&Z
Commission and City Council carefully shall consider all proposed uses
so an acceptable development agreement shall be drafted. See Exhibit C
of the Development Agreement for permitted, conditional and
prohibited uses.
3.13 A Development Agreement shall be required as a condition of
annexation.
4. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation m~d zoning designation of the real property
which is the subject of the application to (C-C) Commercial Business District and (C-G)
General Retail And Service Commercial, and Meridian City Code § 11-7-2 I and K.
5. Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided in
Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and
zoning ordinance.
NOTICE OF FINAL ACTION
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-O 1-001)
Page 19
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 / 7 ~ day
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED
COUNCILMAN KEITH BIRD
VOTED
COUNCILWOMAN TAMMY deWEERD
VOTED
COUNCILWOMAN CHERIE McCANDLESS
VOTED
MAYOR ROBERT D._CORI:kflE (TIE BRLAKER)
DATED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-O 1-001 )
VOTED
Page 20
MOTION: /~
APPROVED~~ISAPPROVED:__
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
City Clerk ~ ~'
Dated:
\~NPA_NTS40_PDC~ERVER_Z~Work~lWleridian~leridian 15360M~Silverstone Corp Centr AZ~
002'~AZF fClsOtder.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/
(AZ-O ~-001)
Page 21
EXHIBIT B
Conditional Use Permit
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-01-001) - 18
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 04-03-01
Revised 07/12/01
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A
COMMERCIAL PLANNED
UNIT DEVELOPMENT AND
FLOODWAY APPROVAL IN
PROPOSED C-C AND C-G
ZONE, LOCATED AT THE
SOUTHEAST CORNER OF
OVERLAND AND EAGLE
ROADS, MERIDIAN, IDAHO
SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP
OR ASSIGNS
APPLICANT
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Case No. CUP-01-002
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT
The above entitled conditional use permit application having come
before the City Council on March 20, 2001 and continued until April 3, 2001, at the
hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and
Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the City
Council having duly considered the evidence and the record in this matter and the
Recommendations to City Council issued by the Planning and Zoning Commission
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - I
who conducted a public hearing and the 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
1. A notice of a public heating on the conditional use permit was published
for two (2) consecutive weeks prior to the said public hearing scheduled for March
20, 2001 and continued until April 3, 2001, before the City Council, the first
publication appearing and written notice having been mailed to property owners or
purchasers of record within three hundred feet (300') of the external boundaries of
the property under consideration more than fifteen (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 March 20, 2001 and continued until April 3, 2001, public hearing; and the
applicant, affected property owners, and government subdivisions providing services
within the planning jurisdiction of the City of Meridian, having been given full
opportunity to express comments and submit evidence.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 2
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 1 I- 15-5 and 11-17-
5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof
of Posting filed with the staff report.
3. This proposed development request is in C-C and C-G zones and by
reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was
required before the City Council on this application.
4. The property is located at the southeast corner of Overland Road and
Eagle Road, Meridian~ Idaho.
5. The owner of record of the subject property is Sundance Investments
Limited Partnership of Boise, Idaho.
6. Applicant is owner of record.
7. The subject property is currently zoned R-1 and RUT. However, there
is an application before the City Council for annexation and zoning to C-C and C-G.
The zoning districts of C-C and C-G are defined within the City of Meridian Zoning
and Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for a
mixed/planned use development and floodway approval. The C-C and C-G zoning
designations within the City of Meridian Zoning and Development Ordinance
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 3
require a conditional use permit. The C-C and C-G zoning designation within the
City of Meridian Zoning and Development Ordinance requires a conditional use
permit be obtained for most uses including those requested by the Applicant.
(Meridian City Zoning and Development Ordinance, Section 11-8-1 ).
9. The Meridian City Council recognizes that the proposed application is
in compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The Meridian City Council takes iudicial 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 subdivisions providing services in the City of Meridian planning
jurisdiction public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed and the following is also found to be required to mitigate the effects of the
proposed use and development upon services delivered by political subdivisions
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 4
providing services to the subject real property within the planning jurisdiction of the
City of Meridian:
Adopt the Recommendations of the Planning and Zoning staff and Engineering
staff as follows:
12.1
12.2
12.3
12.4
This Conditional Use Permit is for the overall concept and mixture of
uses. Significant changes to the plan in relation to layout and use as
proposed shall require modification of the CUP. Slight modifications
that comply with the overall development plan approval shall not
require future public hearings.
Planned Development Regulations: As a mixed/planned use
development, the Silverstone Corporate Center shall comply with the
following sections of the subdivision ordinance: 12-6-4 Procedures for
Planned Developments, 12-6-6 General Regulations for Planned
Development, and 12-6-7 General Standards for Planned
Developments. All commercial and office uses shall comply with 12-6-
8-B, Design Standards for Planned Development-Commercial. The
City Council further requires that a conditional use permit be
required if the applicant proposes a tavern/lounge.
Site Plan: The copy of the single-story building master plan submitted
with the application does not appear to be to an accurate scale.
Detailed review of the site plan is not possible; only the concept is being
reviewed. Detailed site plans that meet all parking lot dimensional and
landscaping standards per City Ordinance shall need to be reviewed and
approved during the building permit process.
Open Space: All Planned Developments (PD) are required to have at
least 10% of the gross land area of the PD as common open space per
City Ordinance Section 12-6-7-E-5. The total common open space
calculation for Silverstone Corporate Center is not shown. Applicant
shall provide calculations showing how this minimum criteria is met.
The City's well lot shall not be considered for inclusion in this
requirement if reimbursement is sought for the value of the property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 5
12.5
Parking Lot landscaping: Landscape islands serving a single row of
parking shall have one tree. Islands serving a double row of parking
shall have two trees. A planting island shall be provided to break up the
asphalt every 12 continuous stalls. The site plan submitted does not
meet this requirement. The detailed landscape plan for the Silverstone
Point building is at a scale and meets or exceeds all landscaping
requirements. All site plans shall be reviewed at the building permit
stage to ensure compliance with the Meridian Landscape Ordinance.
Review of the overall Site plan is general only, and specific review shall
occur upon application for building permits.
12.6 Streets and Circulation: The proposed proiect is designed as a stand-
alone development with no provision for access to other properties.
12.7
Signage: Although signage locations are noted on the plan, no details of
proposed signage were included. Applicant shall be responsible for
proposing a sign program for the entire development~as part of the
conditional use process.
12.8
Trash Enclosures: Very few trash enclosures are shown on the
Conceptual Site Plan. Applicant shall coordinate locations and
construction requirements of the required trash enclosures with
Meridian Sanitary Service, Inc., and provide a letter of approval from
their office when applying for a Certificate of Zoning Compliance.
12.9
Alternative Transportation Options: At build-out, this site shall serve as
a principal center of employment for the east Meridian/west Boise area.
While Boise Urban Stages does not currently service Overland Road, it
has the potential to be a likely destination point for mass transit in the
future. The City Council strongly requires an area be designated and/or
preserved on the Concept Plan for a future bus stop. Also required is the
inclusion of bicycle racks at all office and retail buildings.
12.10 All conditions placed on this application shall run with the land and
shall not lapse or be waived as the resuk of any change in tenancy or
ownership of any or all of the lands governed by this CUP application.
All such conditions shall be deemed the requirements for the issuance of
a Certificate of Occupancy for any use or structure as per City
Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 6
12.11 Applicant shall comply with ACHD requirements, and which
requirements are attached hereto as Exhibit "A" and dated March 14,
2001, and consisting of twelve (12) pages, or as may be amended from
time to time.
Adopt the Recommendations of the Central District Health Department as
follows:
12.12
The Applicant's central sewage and central water plans shall be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
12.13 Run-off is not to create a mosquito breeding problem.
12.14
Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality, or if other means of pretreatment of storm water discharge is
provided, then Applicant shall furnish to the Public Works Department
a copy of the proposed Operation and Maintenance Manual, including a
schedule of regular maintenance for the drains. A commitment shall be
required that in the event the drains do not effectively work, either
through problems with design or maintenance, development of new
plans for a means to pretreat the storm water discharge shall be
required.
12.15 The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation in violation of applicable
laws and regulations.
Adopt the Recommendations of the Meridian Fire Department as follows:
12.16 All codes relating to fire hydrants and fire sprinlder systems shall be
met.
13. The proposed uses within the subject application will be harmonious
with and in accordance with the Meridian Comprehensive Plan and the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 7
Meridian Zoning and Development Ordinance because:
! 3.1 The subject property is designated on the "Generalized Land Use Map"
as Mixed/Planned Use Development".
14. The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance or intended character of the general
vicinity and that such uses will not change the intended essential character of the
same area.
15.
The uses proposed within the subject application will not be hazardous
or disturbing to existing or future neighboring uses.
16. The uses proposed within the subject application will be served
adequately by central public facilities and services such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water, and sewer.
17. The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
18. The development will not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 8
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 (I.C. §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)
Will, in fact, constitute a conditional use as determined by City policy;
Will be harmonious with and in accordance with the Comprehensive
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 9
Plan and this Ordinance;
c. Will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of
the general vicinity and that such use will not change the essential character of the
same area;
uses;
Will not be hazardous or disturbing to existing or future neighboring
e. Will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed
conditional use shall be able to provide adequately any such services;
f. Will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic welfare of
the community;
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare
or odors;
h. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use permit in the Commercial Business
District (C-C) and the General Retail And Service Commercial (C-G), a public
hearing shall be conducted with notice to be published and provided to property
owners or purchasers of record within three hundred feet (300') of the external
boundaries of the land under consideration for the conditional use permit all in
accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian
Zoning and Development Ordinance, which provides as follows:
"Prior to approving a 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 10
a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of
the public hearing the Commission shall, transmit its recommendations to the
Meridian City Council with supportive reasons. The Commission shall recommend
that the application be approved, approved with conditions or denied. The
Commission shall ensure that any approval or approval with conditions of an
application shall be in accordance with Meridian Comprehensive Plan, City of
Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City
Code § 11-17-6)
7. When the City Council approves a conditional use permit it may
impose conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 1 1
8. The City of Meridian has, by ordinance, established the Impact Area
and the Comprehensive Plan of the City of Meridian, which was adopted December
21, 1993, Ord. 629, January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby ORDER and this does Order that:
1. That the above named applicant is granted a conditional use permit for
a planned commercial development and floodway approval in C-C and C-G zones at
the southeast corner of Overland Road and Eagle Road, Meridian, Idaho, subject to
the following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning staff and Engineering
staff as follows:
1.1 This Conditional Use Permit is for the overall concept and mixture of
uses. Significant changes to the plan in relation to layout and use as
proposed shall require modification of the CUP. Slight modifications
that comply with the overall development plan approval shall not
require future public hearings.
1.2 Planned Development Regulations: As a mixed/planned use
development, the Silverstone Corporate Center shall comply with the
following sections of the subdivision ordinance: 12-6-4 Procedures for
Planned Developments, 12-6-6 General Regulations for Planned
Development, and 12-6-7 General Standards for Planned
Developments. All commercial and office uses shall comply with 12-6-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 12
1.3
1.4
1.5
1.6
1.7
1.8
8-B, Design Standards for Planned Development-Commercial. The
City Council further requires that a conditional use permit be
required if the applicant proposes a tavern/lounge.
Site Plan: The copy of the single-story building master plan submitted
with the application does not appear to be to an accurate scale.
Detailed review of the site plan is not possible; only the concept is being
reviewed. Detailed site plans that meet all parking lot dimensional and
landscaping standards per City Ordinance shall need to be reviewed and
approved during the building permit process.
Open Space: All Planned Developments (PD) are required to have at
least 10% of the gross land area of the PD as common open space per
City Ordinance Section 12-6-7-E-5. The total common open space
calculation for Silverstone Corporate Center is not shown. Applicant
shall provide calculations showing how this minimum criteria is met.
The City's well lot shall not be considered for inclusion in this
requirement if reimbursement is sought for the value of the property.
Parking Lot Landscaping: Landscape islands serving a single row of
parking shall have one tree. Islands serving a double row of parking
shall have two trees. A planting island shall be provided to break up the
asphalt every 12 continuous stalls. The site plan submitted does not
meet this requirement. The detailed landscape plan for the Silverstone
Point building is at a scale and meets or exceeds all landscaping
requirements. All site plans shall be reviewed at the building permit
stage to ensure compliance with the Meridian Landscape Ordinance.
Review of the overall site plan is general only, and specific review shall
occur upon application for building permits.
Streets and Circulation: The proposed project is designed as a stand-
alone development with no provision for access to other properties.
Signage: Although signage locations are noted on the plan, no details of
proposed signage were included. Applicant shall be responsible for
proposing a sign program for the entire development as part of the
conditional use process.
Trash Enclosures: Very few trash enclosures are shown on the
Conceptual Site Plan. Applicant shall coordinate locations and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 13
1.9
1.10
1.11
Adopt
follows:
1.12
1.13
1.14
construction requirements of the required trash enclosures with
Meridian Sanitary Service, Inc., and provide a letter of approval from
their office when applying for a Certificate of Zoning Compliance.
Alternative Transportation Options: At build-out, this site shall serve as
a principal center of employment for the east Meridian/west Boise area.
While Boise Urban Stages does not currently service Overland Road, it
has the potential to be a likely destination point for mass transit in the
future. The City Council strongly requires an area be designated and/or
preserved on the Concept Plan for a future bus stop. Also required is the
inclusion of bicycle racks at all office and retail buildings.
All conditions placed on this application shall run with the land and
shall not lapse or be waived as the result of any change in tenancy or
ownership of any or all of the lands governed by this CUP application.
Ail such conditions shall be deemed the requirements for the issuance of
a Certificate of Occupancy for any use or structure as per City
Ordinance.
Applicant shall comply with ACHD requirements, and which
requirements are attached hereto as Exhibit "A" and dated March 14,
2001, and consisting of twelve (12) pages, or as may be amended from
time to time.
the Recommendations of the Central District Health Department as
The Applicant's central sewage and central water plans shall be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
Run-off is not to create a mosquito breeding problem.
Stormwater shall be' pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality, or if other means of pretreatment of storm water discharge is
provided, then Applicant shall furnish to the Public Works Department
a copy of the proposed Operation and Maintenance Manual, including a
schedule of regular maintenance for the drains. A commitment shall be
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 14
met.
required that in the event the drains do not effectively work, either
through problems with design or maintenance, development of new
plans for a means to pretreat the storm water discharge shall be
required.
1.15
The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stonnwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation in violation of applicable
laws and regulations.
Adopt the Recommendations of the Meridian Fire Department as follows:
1.16 All codes relating to fire hydrants and fire sprinkler systems shall be
2. The conditions shall be reviewable by the Council pursuant to Meridian
City Code § i 1-17-9.
3. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application for a
conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk
and then a copy served by the Clerk upon the applicant, the Planning and Zoning
Department, the Public Works Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 15
who has an interest in real property which may be adversely affected by the issuance
or denial of the conditional use permit and floodway approval may within twenty-
eight (28) days after the date of this decision and order seek a judicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
dayof Jg~-- , 2001.
ROLL CALL:
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
VOTED
VOTiD_
VOTED
VOTED.
MAYOR ROBERT D. CORRIE (TIE BREAK. ER)
DATED: 7-'/7'---a /
VOTED
MOTION:
APPROVED~
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 16
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
,o~y~"t- Clerk // ~'
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O02~FfCIsCUPO 1-002 .doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 17
ADA COUNTY HIGHWAY DISTRICT
Planning and Development Division
Development Application R~port
Preliminary. Plat - Silverstone Corporate Center s/e!c Overland Road/Eagle Road
MPP-014)0 I/MCUP-01-002/MAZ-01-00 l
1 S-lots
The application has been mt'erred to ACHD by the Cfty of Meridian for review and comment.
Silverstone is a 15-lot offic~,~commercial subdivision on 7g-acres. The applicant is requesting a rezone
from R-1 to C-C/C-G. The site is located at the southeast comer of Overland Road and Eagle Road.
TbJs development is estimated to generate 9,629 additional vehicle Wips per day based on the submitted
traffic impact study.
This item is being placed on the re~ar agenda due to concerns of the applicant regarding stub
streets and driveways, and also concerns from the property, owner to the south regarding access
through this s~te.
Roads impacted by this development Overland Road
Eagle Road
Interstate 84
ACHD Commission Date - March 14~ 2001 - 6:30 p.m.
REGUlakR AGEb/DA ITEM
Facts and Findings:
Pa~_e 1
A. General Information
Owner - Sundance Investments
Applicant- Larson Architects, Quadrant Consulting
R-I - Exisling zoning (Iow-density residential)
C-C/C-G - Proposed zoning (general commercial)
7g - Acres
15 - Proposed building lots
I -Proposed common lots
640 - Tom/lineal feet of proposed public streets
9,629 - Tom/ve,hicle Irips per day
285 - Trafl/c Analysis Zone (TAZ)
West Ada - Impact Fee Service Area
Meridian - Impact F~ Assessment District
Overland Road
Minor arterial with bike lane designation
Traffic count of 13,$51 on 11-30-99 (edo Eagle Road)
Traffic count of 11,422 on 11-3049 (w/o Eagle Road)
D-Ex/sting Level of Service
Greater than E-Existing plus project build-out Level of Service
1,300-feet of fi'onlage
$0-f~t existing right-of-way (25-feet fi.om centeriine)
54 to 48-feet required right-of-way fi.om centerline
Overland Road is improved with 2-lanes with no curb, ~tter or sidewalk abutting the site.
There is a southbound tam lane on Overland Road at the E~le Road intersection. The
Overland/Eagle Road intersection currently operates at a level of service F.
Eanle Road
Minor arterial with bike lane designation
Traffic count of 19,790 on 11-30-99 (w'o Overland Road)
Traffic count of 7,49g on 2-2-00 (s/o Overland Road)
Traffic count of 44,397 on 10-19-99 (n/o 1-84)
C-Ex/sting Level of Service
D-Ex/sting plus project build-out Level of Service
2, 600 -fe~t of fi.oniage
50-f~t existing right-of-way (25-feet fi.om centerline)
52 to 48-feet required fight-of-way fi.om centefline
Abutting the site Eagle Road is improved with two Iravel lanes, with no curb, gutter or sidewalk.
North of Overland Road Eagle Road widens to 5-1anes. North ofi-84 Eagle Road is under the
jurisdiction of ITD.
Interstate 84
Tra~c count of'
0-feet of frontage
Interslate 84 is three lanes eastbound and three lanes westbound. There is an "ON" and "OFF"
ramp at Eagle Road.
The Overland/Eagle Road and Meridian/Overland Road intersections operate at a Level of
Service F (LOS F), and are listed as one of the 100 most critical intersections in Ada
County.. Access control within the operating area of the intersection is vital to the safe
operations of the intersection. The subject site's additional traffic will exacerbate the traffic
problems at these intersections.
C. On Mar~h 2, 2001, the staff met a~ the Dislricfs Technical Review Committee and reviewed the
impacts or,tis proposed development on the Districfs transportation system. The results
analysis cons~mte the fo[lowing Facts and Findings and recommended Site Specific
Requirements.
D. A tra~c study was submitmd for the SilverStone Corporate Center in Meridian, Idaho. The kev - findings of the traffic study include the following.
The proposed development is projected to generate an average daily traffic (ADT) of 9,629
vehicles per day (vpd), of which the peak hour traffic (PI-IT) is 1,021 vehicles per hour (vph).
At build out, the project will add 6,317 vehicles per day to Eagle Road north of the site. of'these
tr~ps 847 will take the westboundI-84 ramp, 2.504 will travel eastbound on [-84, and the
remaining 2,966 will ¢ont~nu, to the north. An additional 1,100 vehicles per day will travel
south of the site on Eagle Road. The project will add 1,380 vehicles per day to ~3verland Road
east of the site and 850 vehicles per day west of the site.
The intersection of Eagle Road and Overland Road is currently operating at Level of Service
(LOS) F. It will operate at LOS F under background traffic conditions with or without the site
being developed. This development should be required to participa~ in improvements to this
kitersection to bring it to an acceptable level of service.
The intersections of Eagle Road and the eastbound and westbound off-ramps of I-a4 will
function atan acceptable level of service with the addition of site traffic. This assumes that the
proposed signal on the eastbound off-ramp is constructed by ITD.
The intersection of Eagle Road and Franklin Road will operate at LOS F with or without the
project. Improvements to this intersection will require additional right-of-way and coordination
with other projects. Since the majority of the traffic will be coming from other ~owth in the
area, widening of this intersection should be considered by the ACHD and ITD.
The intersection of Overland Road and Meridian Road will operate at LOS F under back~'ound
traffic conditions and LOS F with the addition of site traffic. Additional lanes are required to
make this intersection operate at an acceptable LOS D. This intersection is within the limits ora
proposed project by ACHD. The site iraffc should be included in the planhing of the ACFID
improvements project.
The into*section of Overland Road and Cloverdale Road will require improvements to operate at
LOS E. This area will probably see development in the coming, years. It is recommended that
the project will contribute to the future reconstruction of this intersection.
S ilverston~ cram
The intarseclion of Overland Road and Five Mile Road will serf'er a small increase in delay due
to project traffic. Other growth will contributa to most of the deteriorat/on of the intersecti'on.
The project should not be required to participate in the reconstruction of this intersection.
The inl~'rsect/on of Eagle Road and Victory Road will operate at an acceptable level of service.
LOS £, after the build out of this project.
Eagle Road south if the project will operate at an acceptable level o£ service al~er build out of
the project. The site should contribute fight-of-way for future roadway expansion. Since Eaale
Road is on a section line, it is assumed that the future roadwav will be a five-lane road. -
Eagle Road north of the site will operate atari acceptable [ev~l of service after build out of the
project.
Overland Road west of Eagle Road will operate at an acceptable level of service for a three-lane
road. A thr~-!ane road is proposed to be built by .4.CHD on this section of roadway.
Overland Road east of Eagle Road will operate at a poor level of service after build'out of the
project. The project should be required to dedicate right-of-way for a five-lane future roadway.
In the interim, the project should be required to construct a fi~t-tum lane and a left-turn lane ~or
the full frontage of the project along Overland Road.
The project should be required to consm~ct a si=~nal at the main entrance to the site on Eagle
Road and to the main entrance to the site on Overland Road. Each si~,2nal will require a left-tam
lane and a fight-tam lane. -
E. The applicant is proposing to construct two driveWays on Overland Road and one public street
connect/on. The proposed accesses are located:
· 400-feet east of Eagle Road (westam driveway)
· 690-f~t east of Eagle Road and 265-f~t east of westam driveway (middle driveway)
· 1,070-feet east of Eagle Road (public street)
D/strict policy 7204.7.3 stat~s that access points on arterials are based on the following:
q' One access point for less than 150-feet of fi-enrage
':' Two access points for 150-600-feet of frontage
':' Three~ access points for greater than 600-fect of fi'enrage.
Access points axe considered to be both public streets and driveways..
The applicant is proposing to construct three access points on Overland Road in accordance w/th
District policy. The ACI-ID Commission approved these thr~ access points on Overland Road.
F. The applicant is proposing to conslmct five driveways on Eagle Road and one public street
connection. The proposed accesses are located:
· 400-feet south of Overland Road (northern driveway)
690-f~t south of Overland Road and 265-feet south of northern driveway (northern middle
driveway)
420-feet south of northern middle driveway (middle driveway)
· 1,590-feet south of Overiand Road (public strut)
· 410-feet south of public street (southern driveway)
· At the south property line (shared southern driveway)
District policy 7204.7.3 states that access points on arterials are based on the following:
':' One access point for less than DO-feet offront~e
'~- Two access points for tS0-600-feet of frontage
· ,*- Three access points for ~eater than 600-feet of frontage.
Access points are considered to be both public streets and driveways.
The applicant is proposing to cons~ct six access points on Eagle Road. Distr/ct policy allows
three aeceas points. Six access points would require a variance fi.om the Commission. Staff
re¢onunends adherence of policy because the applicant is constructing a public strut throu~_.h the
site and should have sufficient access internally and with three access points (two driveways and
one public street) on Eagle Road. The proposed driveways are located on shared property, lines
and staffrecommends that the applicant construct:, a driveway at the south property, line to
provide for future shared access with the parcel to the south; the spine road connection, and a
second driveway located north of the spine road, but looted a rain/mum of 440-feet south of
Overland Road.
The applicant does not concur with staff's recommendation on the number of access points on
Eagle Road, and will provide information to the Commission requesting a modification of policy.
The ACHD Commaission approved thre~ access points on Eagle Road with this application. One
access point shall be located at the south property line, and shall be constructed as a shared
driveway. The second access point shall be the proposed public road, located as proposed.- The
third access point shall he located a minimum of 440-feet south of Overland Road, and a
minimum 440-feet north of the proposed public sn'eet that will be signalized in the future.
The applicant is proposing to cons~uct a spine mad through the site with connections at Overland
Road and Eagle Road. Due to the volumes ofa'affic th/s development is expected to generate, the
applicant should construct this roadway as a 46-foot street section with curbs, gntters and
sidewalks. If the applicant cons~acts attached sidewalks, the sidewalk should be constructed 7-
~'eet wide, and the street should be cons~cted within 64-feet of light-of-way. If the applicant
constructs detached sidewalks, the sidewalk should be constructed 5-feet wide, and the street
should be cons~aucted within'70-feet of right-of-way. Parking should be restricted on the
proposed street, and the applicant should submit a signage plan prior t9 final plat approval.
The applicant's site plan indicates a traffic signal on Overland Road at the intersection with the
proposed public street, located approxirnately ¼-mile east of Eagle Road, and one on Eagle Road
located appro~dmately 1/3-mdc south of Overland Road. It is not clear from the applicant's
proposal if the intent is for the traffic signals to be constructed with the project, or ffthey are
shown on the plan as "~uture". According to the submitted '~raffic study, at full build-out, the
project should be required to construct the signals, and the necessary site improvements associated
with the signals: left-turn lanes and ri~t-turn lanes.
Based on ACHD Commission action, ~'affic signals cannot be installed at these intersections until
there is a warrant. The applicant's traffic engineer should work with ACHD Traffic Services staff
to determine when the warrant is met, or is close to being met. The developer should be
financially responsible for the co~t of one-half of the signal. If the properties across fi.om
subdivision have not been developed prior to the signal warrant, the applicant of this site shall
fund 100% of the cost of the signals. At the time that those properties develop, a road trust will
be acquired and th/s applicant shall be reimbursed for one half of the cost of the signal. This
applicant should enter into a written agreement with the District for these two traffic signals.
S~verstone. cmm
The applicant should be required to construct center mm lanes on Overland Road and Eagle Road
for the proposed public sa'~t intersections and for full access driveways. The roadways are
currently only 2-lanes in width, and the submitted ~'affic study determined that these l~nes should
be required.
The applicant is proposing to construct islands at the main enlrances to the proposed spine roads.
The islands ma.v interfere with ~,min~ movements at the si~aaals. The applicant should coordinate
the intersection designs with District ~raffic Se. vices staff.
Driveways on the proposed sp/ne road should be located a minimum distance of 175-feet from
Eagle Road and Overland Road, and should align or offset a minimum of 125-feet fi.om any
proposed driveways. The site plan shows driveways on the proposed strut located within iS-feet
of other proposed driveways, and some of the driveways are conslmcted with medians: such a
configuration is confusing to the motorist The applicant should revise the site plan and relocate
driveways in accordance with district policy.
The applicant is proposing to conslruct a large island in the middle of the spine road, with
driveways on both sides. The driveways are located so that motorists could make unsafe left turns
fi.om the driveways. The applicant should either: construct the island'as a true roundabout;,
' eliminate the driveways; or eliminate the island.
The applicant is proposing to consmict a local street offofthe spine road. The location of the
street conforms to ACHD policy. The street should be consmacted as a local/commercial street:
40-foot street section with curbs, gutter~ and S-foot wide concrete sidewall~ within ~g-feet oF
right-of-way.
At the meeting on March 14, 2001, the applicant submitted a drawing indicating that this street
would be stubbed to the undeveloped 80-acre property to the east. Based on the applicant's
tes6meny, and the need for interconnectiviw the ACHD Commission required this stub slreet as a
condition of approval.
The stub sireet should be constructed to the east property Line between:Lot $ and Lot 6, Block I.
The applicant should provide a paved temporary turnaround at the east end of the stub with a
temporary, easement provided to the District. The applicant should be required to install a sign at
the terminus of the roadway stating that, "THIS ROAD WILL BE F~XTENDED lH THE
FUTURE". Coordinate the sigu plan for llae stub street, and the design of the turnaround with
Dislrict mfr.
Utility, street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact Construction Services at 397-6280 (with file numbers) for details.
Irrigation facilities should be relocated outside of the new right-of-way on Overland Road and
Eagle Road.
Silverstone. cram
Page
All utili .ty relocation costs associated with improving street frontages abutting the site should be
borne by the developer.
The applicant is not proposing to construct any stub slreets to the undeveloped parcels to the
south. District policy requires stub streets to provide access to adjoining properties. The parcel to
the south is 27-aeres, and that property, owner also owns several surrounding properties.
The propem,, owner to the south of this site (Sutherland Farms) has requested that the applicant be
required to construct a stub s~reet to serve his properq,, and also construct an east-west collector
street along the common property, line to serve his property.. It is likely that the property, to the
south will develop as residential, as is designated in the Ci.ty of Meridian Comprehensive Plan.
The applicant has agreed to construct a driveway at the south property l/ne that would serve as a
shared access with the property owner. Staff does not recommend that the applicant be required
to construct an east-west collector street along the south property. 1/ne, as the applicant is
constructing a collector roadway through the site and it is not needed along the south property
line. If the applicant constructs'a stub street to the property to the south, the minimum len~oth o£
the road would be 7$0-feet The average cost to build a local street is Sg0/linear foot. Th~
approximate cost to construct a stub strut to the sou~ property line would be $60,000. Staff
does not recommend the construction of a stub street to the south property, line.
The applicant is opposed to the construction of any stub streets to surrounding properties.
At the Commission meeting on March 14, 200 I, a representative of the parcel to the south
testified on behalf of Sutherland Farms and requested a stub street to the south property, line.
The ACHD Commission required the construction of a shared driveway at the south prope.'? line,
but did not require the constmctinn of a stub strut to the south.
In a~cordance with Dislrict policy, the applicant should be required to conslruct a S-foot wide
concrete sidewalk on Overland Road abuUmg the entire site. Coordinate the location and
elevation of the sidewalk with DistiSct staff.
In accordance with District policy, the applicant should be required to consmact a 5-foot wide
concrete sidewalk on Eagle Road abut'dug the entire site. Coordinate the location and elevation of
the sidewalk with Diaxict mfr.
Any proposed landscape islands/medians within the public fight-of-way dedicated bv this plat
should be owned and maintained by Silverstone owners. Notes of this should be required on
final plat.
In order to reduce ~ps to and from this development it is recommended that Tenants occupying
the proposed building be required to provide an Alternative Transportation Pro~arn for
employees and provide an annual report to ACHD on employee participation. Commuteride staff
will coordinate the Alternative Transportation Pro~arn with the applicant. For more information
contact Pat Nelson at 3117-~ 160.
In order to reduce trips to and from this development, iris recommended that the tenants
occupying the proposed buildiag(s) be required to participate in any Transportation Management
$ilvemton~ *mm
Xo
Association (TMA) or Transportation Management Organization (TMO) that is formed with a
boundary, that includes this site or is adjacent to ti~is development.
A Transportation Management Association (TMA) or Transportation Management Organ/zalion
(TMO) is formed with a coordinator that works as a liaison between businesses and private and
public transportation providers to increase the use o['alternafive transportation and other trip
reduction measures (shufle buses, bus pass pro_~'ams, vanpools, carpools, bicycle and Walking
enhancements).
An annual survey will be required of tile TMA/TMO to monitor participation in alternative
transpomfion pro~ams and forwarded to tt~e ACHD Commuteride Office.
Based on development patterns in this area and the resulting traffic generation, staff
anticipatee that the t~ansportation s~stem will not be adequate to accommodate additional
traffic generated by thi~ proposed development at accepted levels of service with out
modifications to Eagle Road and Overland Road, and the intersection.
Special Recommendation to ITl):
1. According to the submitted traffic study, the proposed development i~ projected to generate an
average daily traffic (ADT) 0£9,629 vehicles per day (vpd), of which the peak hour traffic
(PHT) is 1,021 vehicles per hour (vph). At build out, the project will add 6,317 vehicles per day
to Eagle Rnad north of tim site, of these trips 847 will take the westbound 1-84 ramp, 2,504 will
travel eastbound on 1-84, and the remaining 2,966 will continue to the north.
Special Recommendation to City. of Meridian:
In order to reduce ~ps to and from this development it is recommended that tenants occupying
the proposed building be required to provide an Alternative Transportation Pro,am for
employees and provide an annual report to ACHD on employee participation. Commuteride
staffwill coordinate the Alternstive Transportation Program with the applicant For more
information contact Ms. Pat Nelson at 387-6160.
In order to reduce trips to and from this development, the tenants occupying the proposed
building(s) should be required to participate in any Transportation Management Association
(TMA) or Transportation Management Organization (TMO) that is formed with a boundary that
Includes this site or is adjacent to this development
The Overland/Eagle Road and Meridia~"Overland Road intersections operate at a Level of
Service F (LOS F), and ere listed as one of the 100 most critical intersections in Ada County.
Access control within the operating area of the intersection is vital to the safe operations of the
intersection. The subjeetsite's additional traffic will exacerbate the traffic problems at these
intersections.
Based on development patterns in this area and the resulting traffic generation, staff anticipates
that the transportation system will not be adequate to accommodate additional traffic generated
by this proposed development at accepted levels of service with out modifications to Eagle Road
and Overland Road, and. the intersection.
Silver~tone. emm
The following Site Specific Requirements and Standard Requirements must be met or provided
for prior to ACI~D approval of the final plat:
Site Specific Requirements:
Dedicate 54 to 4g-feet of rift-of-way from the centedine of Overland Road abutting the parcel
by means of recordation ora final subdivision plat or execution ora warranty deed prior to
issuance ora building permit (or other required permits), wh/chever occurs first. Allow up to 30
business days to process the r/~ht-of-way dedication at°ret receipt of all requested mater/al. The
owner will be paid the fak market value of the fight-of-way dedicated which is an addition to
existing ACHD right-of-way.
Dedicate 52 to 4g-f~t of right-of-way from the centerline of Eagle Road abutting the parcel by
means of recordation of a final subdivision plat or execution of a warranty, deed pr/or to issuance
ora building permit (or other required permits), whichever occurs first .adlow up to 30 business
days to process the right-of-way dedication after receipt of all requested material. The owner
will be paid the fair market value of the right-of-way dedicated which.is an addition to existing
ACI-ID r/ght-of-way.
The following access points on Overland Road are approved with this application:
400-feet east of Eagle Road (western driveway)
690-feet east of Eagle Road and 265-feet east of western driveway (middle driveway)
1,070-feet east of Eagle Road (public street)
The following access points on Eagle Road are approved with this application:
· A minimum of 440-f~t south of Overland Road and a minimum 440-feet north of the
proposed public street.
· 1,$90-feet south of Overland Road (public street)
· At lie south property line (shared southern driveway)
Construct a spine road throu.da the site with connections at Overland Road and Eagle Road,
located as proposed. Construct the roadway as a 46-foot street section with curbs, gutters and
sidewalks. If the applicant constructs attached sidewalks, the sidewalk shall be constructed 7-
feet wide, and the sheet shall be constructed within 64-feet ofr/ght-of-way, lithe applicant
constructs detached sidewalks, the sidewalk shall be constructed 5-feet wide, and the street shall
be constructed within 70-feet offi~t-of-way. Parking shall be restricted on the proposed street.
and the applicant shall submit a signage plan prior to final plat approval.
This applicant should enter into a written a~reement with the District for the consumction, timing
and funding of the two proposed traffic signals: one on Overland Road located at the quarter-
mile, and one on Eagle Road at approximately lhe half-mile.
Silverstone.mm
Page 9
7,
10.
11.
12.
13.
14.
1~.
16.
17.
Traffic signals cannot be/nstalled at these intersections until there is a warrant. The applicant's
traffic engineer should work with ACHD Tr~l~c Services staffto determine when the warrant is
met, or is close to being met. The developer shall be financially responsible for the cost of one-
half of the signal. If the properties across from this subdivision'have not b~n developed prior to
the signal warrant, the applicant of this site shall fund 100% of the cost of the signals. At the
time that those properties across the street develop, a road trust will be acquired and this
applicant shall be reimbursed for one half of the cost of the signal.
Consmact center turn lanes on Overland Road and Eagle Road for the proposed public street
intersections and for full access driveways.
The applicant shall coordinate the intersection designs with District Traffic Services staff.
Driveways on ~e proposed spine road shall be located a minimum distance of 175-feet from
Eagle Road and Overland Road, and shall align or offset a rninlraum of 125-f~t from an),
proposed driveways.
The applicant is proposing to construct a large island in the middle of the spine road, with
driveways on boih sides. The applicant shall: construct the island as'a true roundabout;
eliminate the driveways; or eliminate the island.
Slub Titanium Way to the east property line between Lot 5 and Lot 6, Block 1. Construct
Titanium Way as a 40-['oot street section with curbs, gutters and 5-foot wide concrete sidewalks
within 58-feet of right-of-way, with a standard turnaround stifle south end. Provide a paved
temporary turnaround at the east end of the stub with a temporary, easement provided to the
District. The applicant should be required to install a sign atthe terminus of the roadwav stating
that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign ~lan for
the stub street, and the design or,he turnaround with District staff.
Utility street cuts Lu pavement less than five years old are not allowed unless approved in writing
by the Dis~ct. Contact Construction Services at 397-62g0 (with file. numbers) for derails.
Irrigation facilities shall be relocated outside of the new fight-of-way on Overl~ud Road and
Eagle Road.
All utility relocation costs associated with improving s~'eet frontages abutting the site shall be
home by the developer.
Construct a 5-foot wide concrete sidewalk on Overland Road abutting tim entire site.
Coordinate the location and elevation of the sidewalk with District ~aff.
Construct a $-['oot wide concrete sidewalk on Eagle Road abutting the entize site. Coordinate
the location and elevation of~e sidewalk with Dis~ct staff..
Any proposed landscape islands/medians within the public right-of-way dedicated by this plat
shall owned and maintained by Silverstone ovmers. Notes of this shall be required on the final
plat.
Silverstone.crnm
lg.
Other than the ~cc~s points specifically approved with fffis ~ppiication, direct lot or parcel
access to Overland Road and Eagle K~ad is prohibited. Lot access restrictions, as required with
this application, shall be stated on the final plat.
Standard Requirements:
l. A request for modification, va_dance or waiver of any requirement or policy outlined herein shall
be made in writing to the ACHD Planning and Development Supervisor. ~
snecificallv identiN each reouirement to be reconsidered and include a written ex-olanatton of
..... a ~uiw. The v~rittenreouest
why such a reauirement would result in a subs .mnUa, nmus,~ .....
shall be submitted to the District no later than 9.00 a.m. on the day scheduled for
Commission action. Those it~ns shall be rescheduled for discussion with the Commission on
the neXt available meeting agenda.
Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action
' the conSent agenda and
do not provide sufficient time for Dtsmct stm'T to remove the item from.
· - sled modification, variance or waiver. Those ttems
report to the Commission regarding the reque · ' .
will be acted on by the Commission unless removed from the agenda~by the Commisston.
action, anY request for recons~deratmn of the Cow_mlssmn s actm
2. After ACHD Gommission and Development Supervisor 'within six days of the
shall be made in writing to the Planning The reauest for reconsideration shall
action and shall include a minimum fe~ of $I 10.00.
svecificallv idenfifv each reamremant to be reconsidered and include written documentntLon of
dam that was not available to the Commission at the time of its original decision. The request
for reconSideration will be heard by the District Cow_mission at the ne,ct regular meeting of the
at which the reconsideration will be heard.
Commission. I~the Commission agees to. reconsider the action, the applicant will be notified of
the dam and time of the Commission m~tmg
Payment of applicable road ~mpact fees are required prior to building construction in accordance
-' with Ordinance #193, also known as Ada County Highway District Road Impact F~ Ordinance.
All design and construction shall be in ~ccordance with the Ada County Hizhway Disttict Policy
4. Standards and approved supplements, Construction Services procedures and ail
Manual, ISPWC specifically waived herein. An engineer registered in the
applicable ACHD Ordinances unless
State of Idaho shall prepare and certify all improvement plans.
5. The applicant shall submit revised plans for staff approval, prior.to issuance of building permit
(or other requi~ed permits), which incorporates any required design changes.
and property development shall be in conformance with all applicable
6. Construction, use Ada County Highway District prior to District approval for occupancy.
requirements of the
7. It is the responsibility of the applicant to veri~ all e~sting utilities within the right-of-way-
Existing utilities demaged by the appficant shall be repaired by the applicant at no cost to
ACHD. The applicant shall be required to call DIGLINE (1.800-342-1585) at least two tull
business days prior to breaking ~ound within ACHD right-of-way. The applicant shall contact
$i~verston¢.Cmm
ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of consn'uction.
No change in the terms and conditions of this approval shall be valid unless they are in ~vriting
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada Coun .ty Highway District. The burden shall be upon the applicant to
obtain written co. firrnation of any change from the Ada County. Highway District.
Any change by the applicant in the planned use of the property which is the subject of this
application, sl~all require the applicant to comply with all roles, regulations, ordinances, plans, or
· ' · ' successot'$ in
other regulatory and legal restrictions in force at the tune tile applicant or its
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 g~-anted pursuant to
the law in effect at the time the change in use is sought.
Conclusion of Law:
I. ACHD requirements are intended to assure that the proposed us~development will not place an
undue burden on the existing vehicular and pedestrian transportation iystem within the vicinl .ty
impacted by the proposed development.
Should you have ~ny questions or comments, please contact the Planning and Development
Dixdsion at 387-6170.
Submitted bv:
planning and Develooment Staff
Commission Action:.
March 14. 2001
Silverstone.cram
page_ 12
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 04/03/01
Revised 07/12/01
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A
COMMERCIAL PLANNED
UNIT DEVELOPMENT AND
FLOODWAY APPROVAL IN
PROPOSED C-C AND C-G
ZONE, LOCATED AT THE
SOUTHEAST CORNER OF
OVERLAND AND EAGLE
ROADS, MERIDIAN, IDAHO
SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP
OR ASSIGNS,
APPLICANT
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case NO. CUP-01-002
ORDER GRANTING
CONDITIONAL USE PERMIT
I. This matter coming before the City Council on the 17tt' day of April,
2001, under the provisions of Meridian City Code § 11-17-4 for final action on
conditional use permit application and the Council having received and approving the
Recommendation of the Planning and Zoning Commission the Council takes the
following action:
2. That the above named applicant is granted a conditional use permit for
ORDER CONDITIONAL USE PERMIT
COMMERIGAL PLANNED UNIT DEVELOPMENT
SUNDANCE INVESTMENTS LIMITED pARTNERSHIP
OR ASSIGNS
-1
a planned commercial development and floodway approval in C-C and C-G zones at
the southeast comer of
Overland Road and Eagle Road, Meridian, Idaho, subject to the following conditions
of use and development:
Adopt the Recommendations of the Planning and Zoning staff and Engineering
staff as follows:
2.1
This Conditional Use Permit is for the overall concept and mixture of
uses. Significant changes to the plan in relation to layout and use as
proposed shall require modification of the CUP. Slight modifications
that comply with the overall development plan approval shall not
require future public hearings.
2.2 Planned Development Regulations: As a mixed/planned use
development, the Silverstone Corporate Center shall comply with the
following sections of the subdivision ordinance: 12-6-4 Procedures for
Planned Developments, 12-6-6 General Regulations for Planned
Development, and 12-6-7 General Standards for Planned
Developments. All commercial and office uses shall comply with 12-6-
8-B, Design Standards for Planned Development-Commercial. The
City Council further requires that a conditional use permit be
required if the applicant proposes a tavern/lounge.
2.3 Site Plan: The copy of the single-story building master plan submitted
with the application does not appear to be to an accurate scale.
Detailed review of the site plan is not possible; only the concept is being
reviewed. Detailed site plans that meet all parking lot dimensional and
landscaping standards per City Ordinance shall need to be reviewed and
approved during the building permit process.
2.4 Open Space: All Planned Developments (PD) are required to have at
least 10% of the gross land area of the PD as common open space per
City Ordinance Section 12-6-7-E-5. The total common open space
ORDER CONDITIONAL USE PERMIT
COMMERICAL PLANNED UNIT DEVELOPMENT
SUNDANCE INVESTMENTS LIMITED PARTNERSHIP
OR ASSIGNS
-2
2.5
2.6
2.7
calculation for Silverstone Corporate Center is not shown. Applicant
shall provide calculations showing how this minimum criteria is met.
The City's well lot shall not be considered for inclusion in this
requirement if reimbursement is sought for the value of the property.
Parking Lot Landscaping: Landscape islands serving a single row of
parking shall have one tree. Islands serving a double row of parking
shall have two trees. A planting island shall be provided to break up the
asphalt every 12 continuous stalls. The site plan submitted does not
meet this requirement. The detailed landscape plan for the Silverstone
Point building is at a scale and meets or exceeds all landscaping
requirements. All site plans shall be reviewed at the building permit
stage to ensure compliance with the Meridian Landscape Ordinance.
Review of the overall site plan is general only, and specific review shall
occur upon application for building permits.
Streets and Circulation: The proposed project is designed as a stand-
alone development with no provision for access to other properties.
Signage: Although signage locations are noted on the plan, no details of
proposed signage were included. Applicant shall be responsible for
proposing a sign program for the entire development as part of the
conditional use process.
2.8
Trash Enclosures: Very few trash enclosures are shown on the
Conceptual Site Plan. Applicant shall coordinate locations and
construction requirements of the required trash enclosures with
Meridian Sanitary Service, inc., and provide a letter of approval from
their office when applying for a Certificate of Zoning Compliance.
2.9
Alternative Transportation Options: At build-out, this site shall serve as
a principal center of employment for the east Meridian/west Boise area.
While Boise Urban Stages does not currently service Ovedand Road, it
has the potential to be a likely destination point for mass transit in the
future. The City Council strongly requires an area be designated and/or
preserved on the Concept Plan for a future bus stop. Also required is the
inclusion of bicycle raclcs at all office and retail buildings.
ORDER CONDITIONAL USE PERMIT
COMMERICAL PLANNED UNIT DEVELOPMENT
SUNDANCE INVESTMENTS LIMITED PARTNERSHIP
OR ASSIGNS
-3
2.10
All conditions placed on this application shall run with the land and
shall not lapse or be waived as the result of any change in tenancy or
ownership of any or all of the lands governed by this CUP application.
All such conditions shall be deemed the requirements for the issuance of
a Certificate of Occupancy for any use or structure as per City
Ordinance.
2.11
Applicant shall comply with ACHD requirements, and which
requirements are attached hereto as Exhibit "A" and dated March 14,
2001, and consisting of twelve (12) pages, or as may be amended from
time to time.
Adopt the Recommendations of the Central District Health Department as
follows:
2.12
The Applicant's central sewage and central water plans shall be
submitted to and approved by the Idaho Department of Health
Welfare, Division of Environmental Quality.
2.13 Run-off is not to create a mosquito breeding problem.
2.14
2.15
Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality, or if other means of pretreatment of storm water discharge is
provided, then Applicant shall furnish to the Public Works Department
a copy of the proposed Operation and Maintenance Manual, including a
schedule of regular maintenance for the drains. A commitment shall be
required that in the event the drains do not effectively work, either
through problems with design or maintenance, development of new
plans for a means to pretreat the storm water discharge shall be
required.
The Engineers and architects involved with the design of the subiect
proiect shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
ORDER CONDITIONAL USE PERMIT
COMMERICAL PLANNED UNIT DEVELOPMENT
SUNDANCE INVESTMENTS LIMITED PARTNERSHIP
OR ASSIGNS
-4
groundwater and surface water degradation in violation of applicable
laws and regulations.
Adopt the Recommendations of the Meridian Fire Department as follo~vs:
2.16 All codes relating to fire hydrants and fire sprinlder systems shall be
met.
The above conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition'of approval of the application
for a conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not
transferable without cOmplying with the provisions of Meridian City Code § 11-17-8,
a copy of which is attached to this permit.
By action of the City Council at its regular meeting held on the
day of
rT dq ,200 .
Kb"~O D. Corrie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
City Clerk ~
Z:\Wo r k'CerCdetidiaff~vieridian 15360M~ilverstone Corp Centr AZ014101 PP01-001 CUP01-002\Ord~
ORDER CONDITIONAL USE PERMIT
COMMERICAL PLANNED UNIT DEVELOPMENT
SUNDANCE INVESTMENTS LIMITED PARTNERSHIP
OR ASSIGNS
2 JDA COUNTY HIGHWAY DISTRICT
Planning and Development Division
Development Application Repor~
Preliminary. Plat- Silverstone Corporate Center ~'e;'c Overland Road/Eagle Road
MPP-O 1-00 i/MCU'P-O 1 -OOZ~,LAZ-O t-O01
l$-~ots
The application has been referred to ACHD by the Ci.ry of Meridian far review and comment.
Silverstone is a 15-1ot offico,.'commercial subdivision on 78-acres. The applicant is requesting a rezone
fi-om R-1 to C-C/C-G. The site is located at the southeast com~ of Overland Road and Eagle Road.
This development is estimated to generate 9,629 additional vehicle trips per day based on the submitted
trat'fic impact study.
This item is being placed on the regular agenda due to concerns of the applicant regarding
streets and driveways, and also concerns from the propert? owner to the south regarding access
through tMs site.
Roads impac~d by tfi/s development: Overland Road
Eagle Road
Interstate 84
ACI'-ID Commission Date - March 14, 2001 - 6:30 p.m.
REGULAR AGENDA ITEM
Facts and Findings:
Silverstone, cram
P~_e l
A. C~ n ~i Information
Own~ - Sundance Investments
Applico.nt - L~rsun Arclfitects, Quadrant Consulting
R-1 - Existing zoning (lowodensiF residential)
C-C/C-G - Proposed zoning (general commercial)
78 - Acres
15 - Proposed building lots
1 -Proposed common lots
640 - Total lineal feet of proposed public slree*~
9,629 - Total vekicle trips per day
285 - Traffic Analysis Zone (TAZ)
West A~. - Impact F~ Service Area
Meridian - Impact F~ .~sessment District
Overland Road
IVhnor after/al with bike lane designation
Traffic count of 13,551 on 11-30-99 (~o Eagle Road)
Traffic count of 11,422 on 11-30-99 (w/o Eagle Road)
D-Existing La'vel of Service
Crreater than E-Existing plus project build-out Level of Se,vice
1,300-feat of fi'ontage
50-f~t ex/sting right-of-way (25-feet fi-om centerline)
54 to 4g-feet required right-of-way fi-om centerline
Overland Road is Improved with 2-lanes with no curb, ~tter or sidewalk abutting the sire.
There is a southbound turn lane on Overland Road at the Eagle Road intersection. The
Overland/Eagle Road intersection currently operates at a level of se.vice F.
Ea~le Road
Minor art~ial with bike line designalion
Traffic count of 19,990 on 11-30-99 (n/o Overland Road)
Traffic count of 7,498 on 2-240 (slo Overland Road)
Traffic count of 44.,397 on 10-19-99 (n/o 1-34)
C-Existing Level of Service
D-Existing plus project build-out Level of Service
2,600-feet of front~e
50-fe~ e,~ right-of-way (25-f~t fi-om cen~line)
52 to 48-fe~t required right-of-way from c~terline
Abutting the site Eagle Road is improved with t~vo travel lanes, wgh no curo, =utte, or slae~valk.
North of Overland Road Eagle Road widens to 5-lanes. Norl~ of I-g4 Eagle Road is under the
jurisdiction of ITD.
Bo
Interstate 84
Tra~c count of
O-reef of frontage
Inter~tate 84 is three~ lanes eastbound and three lanes ~vesthound. There is an "ON" and "OFF"
ramp at Eagle Road.
The Overland/Eagle Road and Me.,-idian/Overland Road inter~ecfions operate at a Level of
Service F (LOS F), and are listed as one of the 100 most critical inter~ections in Ada
County,. Access control within the operating area of the intersection is vital to the safe
operations of the intersection. The subje~ site's additional traffic wiil exacerbate the traffic
problems at the_~e intersections.
On March Z 2001, the slaffmet as the District's Technical Re-Aew Committ~ and revie:ved the
impacts of this proposed development on the District's ~ansportation system. The results of that
analysis constitute the following Facts and Findings and recommended Site Spec;tic
Requirements.
A Iraffic study was submitted for the SilverStone Corporate Center in Mehdian. Idaho. The key
- findings of the ~-affic study include the following.
· The proposed development is projected to generate an average daily 'a-affic (.~DT) of 9,629
ve.hicles per day (vpd), of which the peak hour lraffi¢ (PHT) is 1,021 vehicles per hour (vph).
· At build out, the project will add 6,3 / 7 vehicles per day. to Eagle Road north qFthe xzte. oft/ze~e
tr~s 847 will taJce the westbound I-84 ram.v, 2.504 will travel eastbound on 1-84, and the
remaimng 2,966 will contintt* to the north. Aaa additional i, 100 vehicles per day will a'ave!
south of the site on Eagle Road/ The project will add 1,380 vehicles per day to Overland Road
east of the site and 850 veh/¢les per day west of the site.
· The intersection of Eagle Road and Overland Road is currently opemt/ng at Level of Service
(LOS) F. It wiil operate at LOS F under back~ound traffic conditions with or without the site
being developed. This development should be required to participam, in improvements to this
interse~on to bring itto an acceptable level of ~ce.
· The intemections of Eagte Road and the eastbound and westbound off-ramps of 1-84 will
function at an aecepiable leve! of se.~ce with the addition of site traffic. This assumes that the
proposed signal on the eastbound off-ramp is cormmctad by ITD.
· The interaction of Eagle Road and Framklin Road will operate at LOS F with or without the
proje~ Improvements to this intersection will require additional right-of-way and coordination
with other proj~ts. Since the majority, of the lraffic will be coming from other ~owth in the
area, widening of this intersection should be consid~ed by the ACHD and ITD.
· The intemection of Overland Road and Meridian Road will operate at LOS F under back~ound
Iraffic conditions and LOS F with the addition of site traffic. Additional lanes are required to
make this intersection ope,mm at an acceptable LOS D. This intemection is within the limits ora
proposed pmj~t by ACHD. The site traffic should be included in the planning of the ACI--ZD
improvements project.
The inm,mection of Overland Road and Cloverdale Road will require Improvements to operate at
LOS E. This area will probably see development in the coming years. It is recommended that
· e project will contribute to the future recom~ruc,'ion of Ibis intersection.
$ilve.mtone~o. mm
· The inte:'~eztion of Overland Road'and Five Mile Road will suffer a small increase in de!ay due
to project traffic. Other ~owth will contribute to most of the deterioration of the intersection.
The project should not be required to participate in the reconstruction of tltis intersection.
· The intersection of Eagle Road and Victory Road will operate at an acceptable leve! of service,
LOS £, afr~, the build out of this project.
· Eagle Road south if the project will operate at an acceptable level of se,wice after build out of
the project. The site should contribute fight-of-way for future roadway expansion. Since Eagle
Road is on a section line, it is assumed that the future roadway will be a five-lane road.
· Eag!¢ Road north of the site wiil operate at an acceptable ]evei ofse~ice after buiid out of the
project.
· Overland Road west of E~!e Road will operate at an acceptable level of se:Mca for a thru-lane
road. A thr~-!ane road is proposed to be built by ACI4_D on tiffs section ofroad~vay.
· Overland Road east of Eagle Road will operate at a poor Ieve! of se,vice after build out of the
project. The project should be required to dedicate rigJat-of-~vay for a five-lane future roadwav.
In the interim, the project should be requ/red to consumer a r/~t-mm lane and a le~-tum lane ~or
the full fi'onrage of the project along Overland Road.
· The project should be required to construct a signal at the main entrance to the sire on E~!e
Road and to the mm entrance to the site on Over/and Road. Each signal will require a lea-mm
lane and a right-mm lane.
The applicant is proposing_ to construct lxvo dr/veways on Overland Road and one public street
connection. The proposed accesses are located:
· 400-feet east of Eagle Road (western driveway)
· 690-feet east of E~le Road and 265-f~t east of western driveway (middle driveway
· 1,070ofeet east of Eag!e Road (public slreet)
Distr/ct policy 7204.7.3 states that access points on arterials are based on the following:
':' One access point for less than 150-feet of frontage
· :' Two access points for 150-600-feet of fi-outage
':- Three access points for ~eater than 600-f~t offi'ontage.
Access points axe considered to be both public streets and driveways..
The applicant is proposing to construct three access points on Overland Road in accordance with
District policy. The ACHD Commission approved these tba'ee access points on Overland Road.
The applicant is proposing to consa'Uct five driveways on Eagle Road and one public Street
connection. The proposed accesses are located:
· 400-feet south of Overland Road (northern driveway)
· 690ofeet south of Overland Road and 265-feet south of northern driveway (northern middle
driveway)
· 420-f~t south of northern middle driveway (middle dr/veway)
· 1,590-f~t south of Overland Road (public strut)
· 410-feet south of public stxeet (southern driveway)
° At the south property line (shared southern driveway)
District policy 7204.7.3 states tha£ access points on arterials are based on the following:
· :' One access point for Mss than 150-f~t offi'ontage
$ilverston~ cram
P~e4
'.'- Two access points for 150-500-feet of~ontage
· .'- Three access points for ~eater than 600-feet of fzontage.
Access points are consider~ to be both public struts and driveways.
The applicant is proposing to cons~xuct six access points on Eagle Road. Dis~ct policy allows
three access points. Six access points would require a variance from the Commission. Staff
recommends adherence of policy because the applicant is constructing a public slr~t through the
site and should have sufficient access internally mid with three access points (txvo driveways and
one public street) on Eagle Road. The proposed driveways are located on shared prope:? lines
and staffrecommends that the applicant construct a driveway at the snnth prope:-ty~ line to
provide for future shared ace,s with the parcel to the south; the spine road connection, and a
s~ond driveway located north of the spine road, but located a minimum of 440-feet south of
Overland Road.
The applicant does not concur with staff's recommendation on the number of access points on
Eagle Road, and will provide information to the Commission requesxing a modification of policy.
The ACHD Commission approved three access points on Eagle Road- with this application. One
access point shall be located at the sou~ prope.? tine, and shall be construc:ed as a shared
· driveway. The second access point shall be the proposed public road, located as proposed.- The
tlzird access point shall be located a minimum of 440-feet south of Overland Road, and a
minimum 440-fe~t north of the proposed public s~re~t that will be signaI~ed in the future.
The applicant is proposing to conslrnct a spine road through the sire with connections at Overland
Road and Eagle Road. Due to the volumes o~'~raffic this development is ex'pec:ed to generate, the
applicant should construct this roadway as a 46-:toot ~a'eet section with curbs. _matters and
sidewalks. If the applicant consa'ucts attached sidewalks, the sidewalk should'be consmacted 7-
f~t wide: and ~e s~reet should be constnacted within 64-feet of right-of~way. If'the applicant
constructs de~ched sidewalks, the sidewalk should be eonsmaered 5-feet wide, and the ~treet
should be consa'ucted within'70-f~t of figaht-of-way. Parking should be restored on the
proposed slree~, and the applicant should submit a si_mange plan prior t9 final pint approval.
The applicant's site plan indicates a txaffic si__o, aal on Overland Road atthe intersection with the
proposed public street, located approximately ~,4-mile easx of Eagle Road, and one on Eagle Road
located appro.x/mately 1/3-mile south of Overland Road. It is not clear from the applicant's
proposal if the intent is for the traffic si_maals to be constructed with the project, or if they are
shown on the plan as "future". According to the submitted traffic study, at full build-out, the
project should be requixed to construct the si~maals, and the necessary, site improvements associated
with the si~als: left-turn lanes and right-turn lanes.
Based on A.CHD Commission action, traffic signals cannot be installed at these intersections until
there is a warrant. The applicant's ~raffic engin~r should work with ACHD Tra~c So,ices staff
to dete,nnine when the warrant is me~ or is close to being met. The developer should be
financially responsible for the cost of one-half of the signal. If the properties across from this
subdivision have not been developed prior to the signal warrant the applicant of fl~.s sire shall
fund 100% of the cost of the signals..at ~he time that ~hose properties develop, a road ~ast wilI
be acquired and this applicant sl~fll be reimbursed for one half of the cost of the sisal. This
applicant should enter into a written a~eement with the Disttict for these two traffic sisals.
Silverstone.emro
'/v'
The applicant should be required to construct center turn lanes on Overland Road and Eagle Road
For the proposed public slr~t intersections and for full access driveways. The roadways are
currently only 2-tones in wid~ and tl~e submitted traffic study dete,'mined that these lanes should
be required.
The applicant is proposing to consa-uct islands at the main ena-ances to the proposed spine roads.
The islands may interfere with turning movements at the sisals. The applicant should coordinate
the inte,'~ection desi~s with District Traffic Se,wices staff.
Driveways on the proposed spine road should be located a minimum distance of 17g-feet from
Eagle Road and Overland Road: and should align or offset a minimum of 125-feet from any
proposed driveways. The site plan shows driveways on the proposed s~r~t located within :~5-feet
of other proposed driveways, and some of lie driveways are eonslruered witli medians: such a
eonfi~ra~ion is confusing to the motorist. The applicant should revise the site plan and relocate
driveways in accordancs with diarict policy.
The applicanr is proposing to conslruct a large island in the middle of the spine road, with
driveways on both sides. The driveways are located so that motorists could make unsafe le,~ tums
from lie driveways. The applicant should eith~: construct the island as a lrue roundabou~
eliminate lie driveways; or eiiminate the island.
The applicant is proposing to construct a local street offofthe spree road. The location of the
street conforms to ACH-D policy. The str~,* should be consmactefl as a local/commercial stree~
40-foot s~reet section with curbs, gutters and 5-foot wide concrete sidewalks within 5g-feet of
fight-of-way.
,it the meeting on March 14, 200 I, the applicant submitted a dra~ing indicating, thai: this slre~.t
would be stubbed to the undeveloped gO-acre property, to the east. Based oa th~* applicant's
testimony, and the need for interconnectivi .w line ACt-!D Commission required this stub s~reet as a
condition of approval.
The stub street should be constructed to the east proper'/y line between'Lot ~ and Lot 6, Block 1.
The applicant should provide a paved temporary turnaround at the east end of the stub with a
temporary, easement provided to lie District. The applicant should be required to install a si__on at
lie terminus of the roadway stating that, "TI-ES ROAD WILL BE EXTE?CDED fiN' THE
FUTURE". Coordinate the sign plan for lie stub street, and the desi=~n of lie turnaround with
Di~-ict st~J~.
Utility. slreet cute in pavement less lion flve years old are not allowed unless approved in writing
by the District. Contact Construction Se,wices at 387-6280 (~¼th die numbers) for de'ails.
Irrigation faeilities should be relocated outside of tiao new right-of-way on Overland Road and
Eagle Road.
$ilvers~one.crnm
.... · P~e 6
.4.11 utili .ty relocation costs associated with improving stre~.t frontages abutting the site should be
borne by the developer.
Tlie applicant is not proposing ?n construct any stub s~eets to the undeveloped p~rca!s to the
south. Dis~'ict policy requires stub s~reets ~o provide access to adjoining prope,'xies. The parc~! to
the south is 27-acres? and that property ov~ner also owns several surroundLng prope:xies.
The prope,,'cy owner to the south of this site (Suthedand Farms) has reauested that the an~iicant be
required to construct a s~tb street to sene his property, and also const~ct an eas~-west ~llector
s~r~t along the common property I/ne to se~e his prope,?. It is I/kely that the prope,'? to the
south will develop as residential, as is desi~ted in the Ci.ty o~Meridian Comprehensive Plan.
The applicant has a~d to construct a driveway at the south property. Line that would se.-ve as a
shared ac~ss with the proper~y owns. St~ffdc~es not recommend that the applicant be requ/red
to construct an east-west collector street along the south proper? I/ne, as the applicant is
constructing a col/ector roadway through the site and it is not n~ded alon~ the south prope,'~v
l/ne. If the applicant conSm~cts'a stub ~r~t to the prope,? to the souti~ ~e minimum len.~ of~
the road would be ?~0-f~*~ The average cost to build a local s~eet is Sg0~lhaear foot. Th~
approx/mate cost.to cons~'uct a s~b s~'eet to the south prope.? I/ne v~ould be $60,000. Sta~
does not recommend the construction ora stub street to the south property line.
The applicant is opposed to the construction of any stub streets to surroundin~ properties.
At the Commission meeting on March 14, 2001, a representative of the parce! to the south
tended on behalf of Suthefland Farms and r~uested a stub street to the south properq~, line.
The ACH. D Commission required the construction of a shared dr/veway at the south prope.~y. ~ine,
but did not require the construc~on ora stub sa-e~t to the south.
In accordance with District policy, the applicant should be required to cons~ucr a .~-foot wide
concrete sidewalk on Overland Road abutting the entire site. Coordinate the location and
elevation of the sidewalk with Disa-ict suaff.
In accordanc~ with District policy., the ~plicant should be required to conslruct a -%foot wide
concrete sidewalk on Eagle Road abutting the ~fire site. Coordinate the location and elevation of
the sidewalk with District staff.
Any proposed landscape islands/medians within the public right-of-way dedicated by th/s plat
should be owned and maintained by Silverstone owners. Notes of this'should be requ/red on ~e
fmal plat.
ha order to reduce trips to and ~om th/s development it is recommended that Tenants occupying
the proposed building he required to provide an .~ltemative Transportation Pro~rn for
employes and provide an annual repor~ to ACHD on employee participa~on. Commuteride staff
will coordhiate the A/~rnative Transportation Pro~arn with tile applicant. For more L~%rrnation
contact Pat Nelson at 387-6160.
ha order to reduce trips to and from this developmen~ it is recommended that ~he tenants
occupying the proposed building(s) be required to participate in any Transportation Management
Siive~srnne~crnm
Association (TMA) or Transportation Management Organ/zstion (TMO) that is formed with a
boundary, that includes this site or is adjacent to this development.
A Transportation Management Association (T~£4.) or Transportation Management Organization
(TMO) is formed with a coordinator that works as a liaison be.n,veen businesses and private and
public transportation provide.~ to increase the use o£altemative transportation and other trin
reduction measures (shuttle buses, bus pass pro.ams, vanpools, carpools, bicycle and waI~" g
enhancements).
An armual survey will be mquir~d of the TMA/TMO to monitor pa~icipation [n nitemative
transportation pro_~om, rns and forwarded to the ACHD Comrnuteride Office.
Based on deveiopmem patterns in tiffs area and the re.-azlfing traffic generation,
anticipate~ that the tramportation ~stem will not be adequate to accommodate additional
traffic generated by th~ proposed development at accepted levels of service with out
modifications to Eagle Road and Overland Road, and the interaeeiion~
Special Recommendation to lTD:
1. According to the mabrnitted Waffic study, the proposed development is projected to generate naa
ave,~e daffy traffic (AD'F) 0£9,629 vekicles per day (vpd), of which the peak hour traffic
(PHT) is 1,021 vehicles per hour (vph). At build out, the project will add 6,317 veh/cles per day
to Eagle Rnad nortfi of the site. of these trips 847 will take the westbound 1-84 ramp, 2,504 wilf
travel eastbound on 1-84, and the remaining 2,966 will continue to the north.
Special Recommendation to City. of Meridian:
In order to reduce trips to and from this development it is recornmend~d that tenants occupying
the proposed building be required to provide an Alternative Transportation Pro_~am for
employees and provide an annual report to ACHD on employ~ participation. Commute.~de
staffwill coordinate the Alternative Transportation Pro.am with the applicant. For more
information contact Ms. Pat Nelson at 387-6160.
In order to reduce Mps to and from this development, the tenants occupying the proposed
building(s) should be requ/red to participate in any Transportation Management Association
(TMA) or Transportation Management Org~n&ation (TMO) that is formed with a boundary, that
includes this site or is adjacent to this development
The Overland/Eag!_-,~e Road and Meridian/Overland Road intersections operate at a Level of
Service F (LOS F), and are listed as one of the 100 most critical intersections in Ada CourtW.
Access control within the op~-ating area of the intersection is viral to the safe operations of~e
intersection. The subject s/te's additional traffic will exacerbate the traffic problems atthese
intemections.
Based on development patterns in tl~is area and the resulting traffic generation, staff anticivares
that the transportation system will not be adequate to accommodate additional traffic -{'enemmti
by this proposed development at accepted levels of service with out modifications to Eagle Road
and Overland Road, and the intersection.
Silverstone. cram
The following Site Specific Requirements and Standard Requirements must be me*. or prov/ded
for prior to ACHD approval of the finni plat:
Site Specific Requirements:
Dedicate 54 to 48-feet of right-of-way from the centeriine of Overland Road abutting the parcel
by means of recordation ora final subdivision plat or execution ora warranty deed prior to
issuance ora building pe.~t (or other required pe.'mits), whichever occurs first..Mlow up to 30
business days to process the ri~qt-of-way dedication after r~eipt &all requested material The
owner will be paid the fair market value of the right-of-way dedicated winch is an addition to
ex/sting ACHD right-of-way.
Dedicam 52 to 48-f~t of rip. hr-of-way fi'om the centerline of Eag!e Road abutting the parcel by'
means of recordation of a final subdivision plat or execution of a warranty, deed prior to issuance
cfa building pemait (or other required permits), winchever occurs first. :Mlow up to 30 business
days to process the rig__ht-of-way dedication after receipt of all requested material. Tlie owner
will be paid the fair market value of the fi~t-of-way dedicated whickis an addition to e.'dsting
ACI--ID right-of-way.
o
The following access points on Overland Road are approved with this application: · 400-feet east of Eagle Road (we~em driveway)
· 690-feet east of Eagle Road and 265-feet east of western driveway (middle driveway)
· 1,070-feet east of Eagle Road (public stree~
The following access points on Eagle Road ars approved with this application:
· A minimum of 440-feet south of Overland Road and a minimum 440-~'eet north of the
proposed public s~-eet.
· 1,590-feet south of Overland Road (public slreet)
· At the south property line (shared southern driveway)
Construct a spine road through the site with connections at Overland Road and Eagle Road,
located as proposed. Consmlct the roadway as a 46-fuot street section with curbs, gutters and
sidewalks. If the applicant constructs attached sidewalks, the sidewalk shall be constructed 7-
feet wide, and the street shall be constructed within 64-feet of right-of-way. If the applicant
consWacts detached sidewalls, the sidewalk shall be constructed 5-feet wide, and the s~reet shall
be com-lructed within 70-feet ofri~'--ht-of-way. Parking shall be restricted on the proposed street,
and the applicant shall submit a signage plan prior to final plat approval.
This applicant should enter, into a written a~eement with the Di~rict for the cons'auction, timing
and funding of the two proposed traffic si_maals: one on Or.land Road loctted at the quarter-
mile, and one on Eagle Road at approximately the half-mile.
P~e 9
10.
Ii.
I2.
13.
14-.
15.
16.
17.
Traffic signals cannot be installed at these intersections until there is a warrant. The applicant's
traffic engineer should work with ACHD Traffic Services staffto dem.~ine when the warrant is
met, or is close to being me*, The developer shall be financially responsible for the cost of one-
half of the signal. If the properties across fi.om this subdivision have not been deve!oped prior to
the signal warrant, the applicant of this site shall fund 100% of the cost of the sisals. At the
time that those properties across the st~t develop, a mad trust will be acquired-and this
applicant shall be reimbursed for one half of the cost of the sig'nal.
Cons~uct center mm lanes on Overland Road and Eagle Road for the proposed public s~reet
intersections and for full access driveways.
The applicant shall coordinate the inte,~.ection designs with Dis'a-lot Traffic Sevvicas
Driveways on the proposed sp/ne road shall be located a minimum distance of 175-feet fi.om
Eagle Road and Overland Road, and shall align or offset a minimum of 125-f~t fi.om any
proposed drive,ua.vs.
The applicant is proposing to conslruct a large island in the middle of the some road. with
driveways on both sides. The applicant shall: construct the island as a true roundabout;
eliminate the driveways; or eliminate the island.
Stub Titanium Way to the east properly line between Lot 5 and Lot 6, Block i. Construct
Titanium Way as a 40Joot street mc*ion with curbs, gutters and 5-foot wide concrete sidewalks
within 58-feet of right-of-way, with a standard turnaround atthe south end. Provide a paved
temporary, turnaround arthe east end of the stub with a temporary easement provided to the
District. The applicant should be required to install a sign atthe ;e,,rninus of the roadway stating
that.. "THIS ROAD WILL BE EXTENDED IN THE FUTUtLE". Coordinate the sign ~ian for~
the stub street, and the design of the turnaround with District staff.
Utility. street cuts in pavement less than five yeazs old are not allowed urfiess approved in writing
by the District. Contact Construc*ion Se,wices at 387-6280(w~th' tim" numoers)' ' for de'aris.* '
Irrigation facfii*ies shall be relocated outside of the new fi~t-of-way on Overland Road and
Eagle Road.
All utili .ty relocation costs associated with improving street fi.ontages abutting the site shall be
borne by the developer.
Construct a 5-froot wide conere*,elsidewalk on Overland Road abutting tile entire site.
Coordinate the location and elevation of the sidewalk with DWa-ict staff.
Construct a 5-foot wide cancrete sidewalk on Eagle Road abutting the entire site. Coordinate
the location and elevation of the sidewalk with Dis~ct staff.
Any proposed landscape isiands/rnedians within the public ,-ight-~f-way dedicated bv ~is plat
shall owned and maintained by $11versxone owners. Notes of this shall be required ~n the final
plat.
18.
Other than the access points specifically approved with lifts application, direct lot or parce!
access to Overlend Road and Eagle Road is prohibited. Lot access restrictions, ~s required
this application, shall be stated on the final plat.
Standard Requirements:
A request for modification, varim-~ce or waiver of any requirement or policy outlined herein shall
be made in writing to the ACHD Planning and Development Supervisor. The reauest shall
soecifica/Iv identify each reauirement to be reconsidered and include a written ex-~ianation of
why such a renuirement would result in a substantial hardstfin or ineouitv. The ~rten reauest
shall be submitted to the Dis~ct no later than 9:00 a.m. on the day scheduled for ACHD
Commission action. Those items shall be rescheduled for discussion with the Commission on
the nex't available m~tig age,da.
Requests submitted to the Dislrict after 9:00 a.m. on the day scheduled for Cormmission action
do not provide sufficient time for District staff to remove the item fi.om the consent agenda and
report to the Commission regarding the requested modification, variance or waiver. Those items
will be acted on by the Commission unless removed fi.om the agenda by the Commission.
After ACHD Commission actior~ any request for reconsideration of the Commission's action
shall be made in writing to the Planning and Development Supe.wisor within six days of the
action and shall include a minimum fee ofS110.00. The reauest for reeonsiderat/on shall
sneciflcallv identify each requirement to be reconsidered and include wr/tten documentation of
data that was not available to the Commission at the t/me of its original decision. The request
for reconsideration will be heard by the Dirtrict Commission at the net regular meetig of the
Comrakssion. If the Commission a~ees to reconsider the action, the applicant will be notified of
the date and time of the Commission meeting at which the reconsideration will be heard.
Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #193, also lmown as Ada County. Highway District Road Impact F~ Ordinance.
All desi_ma and construction shall be in accordance with the Ada County Hi*-h~vav Dis~ct Policy
Manual, ~PWC Standards and approved supplements, Conslruction Services procedures and ail
applicable ACHD Ordinances unless specifically waived herein. An engine~ registered in the
State of Idabo shall prepare and certify all improvement plans.
The applicant shall submit revised plans for stuff approval, prior to issuance of building permit
(or other required penmit~), which incorporates any required design changes.
Conslruction, use and property development shall be in conformance with all applicable
requiremen~ of the Ada Court .ty Highway District prior to Dislrict approval for occupancy.
It is the responsibi}ity of the applicant to verify al/e.'fi~ting utilities with/n the right-of-way.
Ex/sting ufililies damaged by the applicant shall be repaired by the applicant ar no cost to
ACHI). The applicant shall be required to call DIGLINE (I-1100-342-t585) at leas~ two full
business days pr/or to breaking ~ound within ACHD fight-of-way. The applicant shall con,act
ACHE) Traffic Operations 387-6190 in the event any ACHE) conduits (spare or filled) are
compromised dur/ng any phase of c~nstruction.
No change in the terms and conditions of fl'tis approval sb~ 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 Court .ty Hi_mhway Dis~ct. The burden shall be upon the applicant to
obtain written confirmation of any change fi'om th~ .ada County Hi~vay Dis~ict.
,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, plar~, or
other, regulatory and legal restrictions in force at the time the appli ~cant or its successors in
interest advises the Hi_~-hway Dis~ct of i~s intent to change the planned use of the subject
proper~y unless a wa/ver, htariance of said requirements or other legal re lief is granted pursuant to
the law in effect at the time the change in use is sought.
Conclusion of Law:
ACI-~ requh'ements are intended to a~sure that the proposed use/development will not place an
undue burden on the exWdng vehicular and pedestrian tram-portation sy. s~em within the vicini .ty
impacted by the proposed deve!opm~t.
Should you have any questions or comment~, please contact the Planning and Development
Division at 387--5170.
Submitted
Commission Action:
Plannins and Develonment Staff
March 14. 2001
S ~ve, r~tnne, c'rm~
P~e 12
EXHIBIT C
SILVERSTONE CORPORATE CENTER
PERMITTED, CONDITIONAL AND PROHIBITED USES
Uses will be governed by Meridian City Ordinance 1 l-8-1, Zoning Schedule of
Use Control, as may be amended from time to time. The following uses may
also be developed as permitted uses:
Adult Day Care
Animal Hospital
Auction Establishment
Automobile Related Business: Automobile Repair Shop - Minor; Service
Station; Car Wash
Bank, Financial Institution
Bottling and Distribution Plant (Microbrewery Type Only)
Bus Station
Church
Clinics (medical, dental, optical)
Club, Lodge, Social Hall
Convenience Store w/Gasoline Service
Construction Businesses: Contractor's Shop; Sheet Metal Shop; Roofing
Shop; Sign Painting Shop
Driving Range
Electrical Equipment and Products
Electrical Supplies and Appliances
Entertainment Centers, Indoor: Bowling Alley; Skating Rink; Arcade; Arena;
Archery
Entertainment Centers, Outdoor: Amusement Park; Ball Park (baseball,
football, soccer); Water Park; Batting Cages; Go Cart Track
Flex Space: Office Warehouse Mix
Golf Course
Greenhouses, Nurseries (already permitted)
Grocery Stores
Hospitals
Hotels/Motels
Indoor Firing Range
Laboratories (medical, dental, optical)
Laundry, Clothes Cleaning, Pressing Business
DEVELOPMENT AGReeMeNT (AZ-01-001) - 19
Laundry, Industrial
Laundry, Self-Service
Mausoleum
Medical Research Facilities
Molded Plastic Products
Mortuary
Newspaper and Printing Establishment
Office
Parking Lots: Commercial; Off-Site Accessory Parking Lot; Parking
Garage/Structure
Patios and Plazas
Personal Service: Barber Shop; Massage Parlor; Beauty Salon
Pharmacy
Photography Studio
Post-Secondary-Education Facilities
Printing, Lithography, Publishing and Associated Reproduction, exclusive of
Paper Manufacturing
Public and Quasi-Public Uses
Public Service Facilities
Radio and Television Stations (except exterior communications facilities)
Restaurants
Retail
Sales: Building Materials; Hay; Grain; Bulk Garden Supply; Heavy Machinery
Seed and Garden Supply
Self-Service Storage
Standby Generators
Theater (excluding Drive-ins)
Utility Facility - Major
Utility Facility - Minor
Vocational, Trade, Industrial Schools
Warehouse Storage
Wholesale Business
The following uses may be allowed upon application and approval as
conditional uses:
Automobile Repair Shop - Major
Child Care Facilities
DEVELOPMENT AGREEMENT (AZ-01-001) - 20
Communication Towers
Drive-in, Drive-through Establishments
Missions; Food Kitchens
Residential (planned development required)
Sales Lots
Schools, Private (vocational, trade and industrial schools are permitted)
Shelter Home
The following uses, in addition to those included in Meridian Ordinance
Section 11-8- I as prohibited uses in the C-C and C-G zones (unless
permitted/conditional use above), are expressly prohibited:
Adult Business (bookstore, theater, performance)
Alcoholic Establishments (other than combined with restaurant service or
hotel/motel facility)
Boarding and Rooming House
Bottling and Distribution Plant
Composting Facility
Halfway House
Nursing Homes and Sanitariums
Recreational Vehicle Park
Truck Terminal
Truck Stop Uses
DEVELOPMENT AGREEMENT (AZ-01-001) - 21