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Silverstone SubdivisionADA COU~,ITY RECORDER J. OAVI0 NAVARRO ZOO10C 25 PX I: 20 William ~. Nichols WHITE, PET£RSON, MOi~OW, GIGRA¥, ROSSMAN, NYE & ROSSMAN 200 East Carlton, Suite 31 Post Office Box 1150 Meridian, Idaho 83680 RECORDED' REP~lJE~')T 03/ FEE ~ DE?UTY~ 1011 11016 AFFIDAVIT OF CORRECTNESS STATE OF IDAHO, County of Ada, SS. William F. Nichols, being first duly s,vorn upon oath, deposes and says: I. That he is a shareholder of the firm White, Peterson, Morrow, Gigray, Rossman, Nye and Rossman, P.A., and which firm represents the City of Meridian, and that he is one of the attorneys for the City of Meridian. 2. That as one of the attorneys for the City of Meridian, our office prepared a Development Agreement between the City of Meridian and Sundance Investments Limited Partnership, as o,vner/developer, for their property located at the southeast corner of Overland and Eagle Roads, Meridian, Idaho, per their annexation and zoning application, Case No. AZ-01-001, and which annexation and zoning required a Development Agreement. 3. That the Meridian City Clerk's office forwarded the executed Development Agreement of July 17, 2001 for recording to the Ada County Recorder's office, and which Development Agreement was recorded as Instrument No. 101074955 on July 26, 2001. Affidavit of Correctness - Page 1 of 2 4. That pages were apparently missing from the exhibits which were attached to and incorporated into the recorded Development Agreement, Instrument No. 101074955, recorded on July 26, 2001, and therefore a Replacement Development Agreement has been prepared by our office to correct the error caused by the missing pages, and that said new Development Agreement shall replace the previous, recorded Development Agreement recorded as Instrument No. 101074955 on July 26, 2001. DATED this ./_,.-~9~day of October, 2001. 2001. WHITE, PETERSON, MORROW, GIGARY, ROSSMAN, NYE & ROSSMAN, P.A. Attorney for City of Meridian SUBSCRIBED AND SWORN to before me on this /~2-- day of (SEAL) N~t~ry Pukb~c fo~ I~aKo Residence: My Commission Expires: Z:\Wor k~Vl~vle ridiankM eridian 15360M~ilverstone Corp Centt AZ01-001 PP01-001 CUP01-002kAffidavitCor rectnessWFN.doc Affidavit of Correctness - Page 2 of 2 ADA COUNTY RECORDER J. DAVID NAVARRO BOJSF., iDAHO ZOO10C 25 PH I: 20 RECORDED- REQ U E~,,~/~ I01111017 MERIDIAN CITY DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian Sundance Investments Limited Partnership or assigns, Owner/Developer THIS DEVELOPMI3/}IT AGREEMEINT (this "Agreement"), is made and entered into this /7/"&day of ,~"~t//?/ , :glglS/, by and between CITY OF MERIDIAN, a municipal corp~'ration of the State of Idaho, hereafter called "CITY", and SUNDANCE INVESTMENTS LIMITED PARTNERSHIP OR ASSIGNS, hereinafter called "OWNER"/"DEVELOPER", whose address is 9100 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 fuI1, hereinafter referred to as the "Property"; and 1.2 WHEREAS, I.C. Section 67-651 iA, 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 l 1-15-12 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 DEVELOP1ViENT AGREEMENT (AZ-01-001) - I 1.5 Retail And Service Commercial District, (Municipal Code of the City of Meridian); and 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" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services ~vithin the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the~ 7f~ day of j~, 2001,A ~ has approved certain Findingsbf Fact and C~o~cl~ions of Law and Decision and Order for Annexation and Zoning 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 Tide 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above r~citals are contractual and binding and are incorporated herein as if set forth in ftdl. 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 dear 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 ,,OWNERm/,,DEVELOPER": means and refers to Sundance Investments Limited Partnership or assigns, whose address is 9100 West Bladceagle 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-01-001 ) - 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 11-8-1 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. l, 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 "Owx~er"/"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 association, with written confirmation of said approval submitted to the Public WorLs Department. 5.2 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. 5.3 Streetlights 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. 5.4 Compaction test results shall be submitted to the Meridian Building Department for all building lots receiving engineered backfill. 5.5 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 5.6 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. 5.7 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 indusion 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 Americans 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-01-001) - 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&er 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'7"Developer"'s cost, and submit proof of such recording to "Owner'7"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'7"Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner"/"Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting 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 ~nay 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'7"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 "Ovmer'7"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'7"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 AGREEMENT (AZ-01-001) - 9 c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 --Limited Sundance Investment§~ 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 represematives, including "City"s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way DEVELOPiViENT 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 "Chamer"/"Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner'7"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. 2 i. 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'Y"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 them 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 sub}ect "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 Clerk. 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 LIMITED PARTNERSHIP OR ASSIGNS Attest: BY: Attest: CITY OF MERIDIAN MA~Q;Ik RO~BERT O. CO"~U~ - - CITY CLERK BY RESOLUTION NO. · '"- DEVELOPMENT AGREEMENT (AZ-01-001 ) - 12 STATE OF IDAHO) COUNTY OF ADA) :SS On this I (.>44~ day of ~)c'~-9c:>*.~-- , in the year 2001, before me, ~_~e_~->~ ~-~v-oc~-~-.~-- a Notary Public, personally appeared D~-~- L. ~'~v~cSe__~ and ~ , known or identified to me to be general partners of Sundance Investments Limited Partnership or assigns, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said limited partnership or assigns, STAT~'~O ) :ss County of Ada ) On this /~ ~day of Notary P~lic for Idaho Residing at: '~3~ Commission expires: \2.. ~ b,. k3~ , in the year 2001, before me, a Notary Public, personally appeared Robert D. Corrie and Williain 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 (SEAL) $. 'k ru~b" /t~ / Notary Public for Idaho '~. ~.'.. .,,'_4.7/ x:._*4 Commission expires: Z:\Work~vleridia~4~'l[~0/Vl~Silverstone Corp Centr AZ01.001 PP01.001CUP01- 002\Silverstone071201 DA. doc 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 i East, Boise Meridian, Ada County, Idaho. Said parcel is more particularly described as follows: Commencing at the Northwest Corner of said Section 21, said Corner being the POINT OF BEGINNING; thence, South 00014'50'' West 1,807.29 feet along the section line, being the centerline of South Eagle Road; 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 45°14'50" East 424.26 feet; thence, North 00°14'50" 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 fight, said curve having a radius of 300.00 feet, a delta of 117°57' I 0", a long chord bearing North 31 o 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 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 centefline 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 ½ of the North~vest k~ of Section 21, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Said parcel is more particularly described as follows: Cormnencing at the Northwest Corner of said Section21, thence South 00°14'50'' West 1,807.29 feet along the section line, being the centefline 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 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'I0'', 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 45°14'50'' East 424.26 feet; thence, DEVELOPMENT AGREEMENT (AZ-01-001) - 1:5 North 00°14'50" East 333.56 feet to a point on the section line of said Section 21, said line also being the centedine 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 corner of said West 1/2; thence North 89007'33'' West 1333.74 feet to a poim 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 Annexation and Zoning Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-01-001) - 17 BEFORE THE MERIDIAN CITY COUNCIL CdC 04-03-01 Revised 07/i 2/01 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-OI-O01 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 Cornell 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 FORANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/ (AZ-ObOOl> Page i Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public heating 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 bovndaries 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 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 tiff 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 3. The City Council takes iudicial 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~Oi-00i> development ordinances codified at Tides 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Pian of the City of Meridian adopted December 21, 1993, Ordinance No. 629, lanuary 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- 1 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 nurseW and an ACriD 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-01-001) The city limits of the City of Meridian are adjacent and abut the subject~ property. 11. The property which is the subject of this application is ~vithin 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 maior importance that affect the consideration of this application. 16. The City Council recognizes the concerns of Sutherland Farm, inc. dated Februaxy 5, 2001, which requ.est extension of Titanium Way and the addition of a collector street at the south end of the subject property. 17. Giving due consideration to the comment received from the governmental subdivisions providing se,vices 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 followi~ng conditions of development are FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER G1LANTING APPLICATION FORANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/ (AZ-0'i-001) 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 adiacent 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 sexvice 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. Ali streetlights shall be instaged 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 devigns. 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 backt'fll. 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. Ol-00i) 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 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 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. 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 alMndusive 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 compties with the conditions set forth in these Findings of Fact No. 17, and all sub-parts, the economic welfaze 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 FORANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS LIMITED PAKTNEKSH1P / 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/Devetoper which shall require partial reimbursement by other water and sewer users connecting to the lines instalied 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 a~sure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be haz~ctous or disturbing to the ex~sting, or future neighboriug 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 subiect 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 wil~ 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. 2I. The subject annexation request and zoning designa}ion 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-01-001 ) 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 growt.h with the aim to achieve high- quality developmem. 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 ali 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 politicai subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 21,3 21.4 21.5 '21.6 The application is consistent with Meridian's self identity. The preservation and huprovement of the character and qUality of Meridian's man-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. Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and proiected 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 dearly identifiable. Compatible and efficient use of land through innovative and ftmetional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 22. The property can be physically serviced with City water and sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GR3_NTING APPLICATION FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS LIMITED PARTNERSHIP/SILVERSTONE CORP CENTE1V (AZ-01-001) Page 8 CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 pyovides 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.' ,i. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Appligation: The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's em4ronmental quality and to make provisions for and improve the total naturg/environment by adopting City-wide and Urban Service Planning Area policies, whiclx 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/ (AT_,O 1-OOl) fashion in accordance with adopted policies and procedures governing/he use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 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 [he 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 functiono2 site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and dearly identifiable. 4B. FINDINGS OF FACT AND CoNcLUsIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS LIMITED PARTNERSHIP / SILVERSTONE GORP CENTER/ (AZ-O 1-O0 I) The sections of the Comprehensive. Hah that most directly apply to.the proposed Page 10 project are as follows: 4.1¸ Goal 3 is "to encourage the kind of economic growth and developmem 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 Mefidian's man-made environment while maintaining its identity as a self-suffident 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 6f 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 conunercial or industrial developments should be harmonized with the natural environment and respect the unique needs and feature} of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 2.2U Encourage and support iob 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-O 1-00 ! ) Page 11 I.SU Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and sell-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. i. 11UProtect dtizen investments in existing public facilities (water, sewer, streets, fire, police) by encouraging controlled growth through dty planning rev/ews and development agreements. 4.8U Encourage commercial uses, offices and medical-care uses to locate in the Old Town district, business parks, shopping cemers and neax 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 Phmned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed. 5.12 Strip development within tiffs mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. 5.13 Clustering of uses and contxolled access points along arterials and collector streets will be required.. 5.14U Because these areas are near 1-84, Franklin and Overland Roads, high-quality visual appearance is essential. All 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 ZONINC,~Y SUNDANCE INVESTMENTS LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/ (AZ-01-001) Page 12 development review guidelines and conditional use permitting procedures. 5.15UThe mixed-use area in the vicinity of the Overland Road/Franldin Road/Eagle Road/I-84 interchange is a priority development axea. 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 5.5 Adequate water supply will be availaNe for fire protection. 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. 1.5U 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/ (AL01-001) Page I3 1.10URequire traffic studies evaluating the impact of generated traffic volumes (internal and external drculation) 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 Encourage area beautification through uniform sign design that enhances the community. 2.3U Encourage the beautification of streets, parking lots, public lands, and state highways. 2.5U Encourage the use of attractive open space, landscaping, lighting and street furniture for the benefit of the public. 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall requi~e, 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-O ~.001) Page 14 5.2 Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, espedally in areas of prominent visibility. ' 5. The zonings of Community Business District (C-C) and General Retail And Service Commerdal 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, a_ad to encourage the development of modem shopping centers with adequate off-street parldng facilities, and associated site amenities to serve area residents and employees; to prohibit strip commerdal development and encourage the dusteting of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Murfidpal 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 alnxost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and axe 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 Burr 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/ (Az.o 1-oo l) 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 induding, but not limked to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-I3, 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 Kecorder and shall talce effect upon the adoption of the ordinance annexing 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 cormnitment shall be binding on the owner of the parc~l, 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 FORANNEXATION AND ZONING/BY SUNDANCE INVESTMENTS LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/ (~z-01-00]) Page 16 hereby Order and this does Order; 1. The applicant's request for annexation and zoning of approximately 78 acres to Commtmity Business District (C-C) and General Retail And Service Commercial District (C-G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 78 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to a11 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/ (.~Z-O t-OOi) 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 servSce per City Ordinance Section 9-1-4 and 9-4-8. 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 streeflights 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 pads receiving engineered bad, fill. 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. 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 fordx 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-Oi-O0 i) Page 18 3.10 Provide five-foot-wide sidewallcs throughout development in accordance with City Ordinance. 3.11 Alt construction shall conform to the requirements of the Americans with Disabilities Act. 3.12 3.13 The applicant has submitted a Iist 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 use~ 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 Coundl 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. 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 and 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 1 and K. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Worl<s 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-Oi-O01) Page 19 Please take notice that this is a £mal 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 imerest in real property wkich 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 Cotmdl at its regular meeting held on the / 7 ~t~-4~ day of Jb(~ ,2001. ROLL CALL COUNCILMAN RON ANDERSON VOTED COUNCILMAN [rd~ITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED VOTED vov D MAYOR ROB~ERT .D~CORI~I. E (TIE BREAKER) D^T D: 7-"17"'0/ 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) VOTED Page '20 MOTION: ~ APPROVEI2~.~~ISAPPROYED:__ Copy served upon Applicant, Se Planning and Zoning Department, Public Works Department and the City Attorney. City Clerk ~ ~ \XNPA_NTS,~0_PDO~ERVER_Z~WorkCdWleridianWiefidian 15360M~Silverstone Corp Centr AZI O02~AZFfClsOrder.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINCdBY SUNDANCE INVESTMENTS LIMITED PARTNERSHIP / SILVERSTONE CORP CENTER/ AZ-01-001) Page 21 EXHIBIT B-1 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' CdC 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-O1-002 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, 200I, at the hour of 6:30 p.m., at Meridian City Hail, 33 East Idaho Street, Meridian, Idaho, and Shati 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 Coundl 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 hearing 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 heating ~ and with the notice of public hearing having been posted upon the property under consideration more than one week before sa~d 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 §§ 11-15-5 and 11-17- 5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed developmem }equest is in C-C and C-G zones and by reason of the provisions of the Meridian City Code § 11-17-4, a public heating 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 Parme~ship 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 l 1-7-2. 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 DeveJopment 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 CoundI recognizes that the proposed application is in compliance with the Meridhan Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as detemfined by City Ordinance. 11. The Meridian.City Council takes judidal 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 Boundap]. 12. GivLng due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public fadliries 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 requixed 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 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 hearhags. 12.2 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 Devdopments. 'All commercial and office uses shall comply with 12-6- 8-B, Design Standards for Planned Development-Commerdal. The City Council further requires that a conditional use permit be required if the applicant proposes a tavern/lounge. 12.3 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. 12.4 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 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 Parldng Lot Landscaping: Landscape islands serving a single row of parldng shall have one tree. Islands serving a double row o£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 project is designed as a stand- alone development W~th 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 ~vith 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 ratios at all office and retail buildings. 12.10 All conditions placed on this application shall run ~vith 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. 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 wkich 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, Dixdsion of Environmental Quality. 12.13 Run-off is not to txeate a mosquito breeding problem. I2.14 Storrnwater 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 sprinkler 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 GRANTINGCONDITIONAL USE PERMIT - 7 Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as Mixed/Planned Use Development". I4. 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 I. 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 o£ 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 ~vhich the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Cotmcil 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- a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive FINDINGS OF I~ACT 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; 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 ual'tic, 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 granring 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 heating 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 w~thin 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 Coundl 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 FACTAND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 8. The City of Mer. idian 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, Meriddan, 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 rdation 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 w~th 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 tavemflotmge. Site Plan: The copy of the single-stoW 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 paridng 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 I2-6-7-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 parldng shall have one tree. islands serving a double row of parMng shall have two trees. A planting island shall be provided to break up the asphalt every 12 continuous stalls. The site plan subruitted 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 emire 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 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. 1.9 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 radqs at all office and retail bugdings. 1.10 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. 1Al 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: 1.12 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. I. 13 Run-off is not to create a mosquito breeding problem. 1.14 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 fumish 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 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: 1.16 All codes relating to fire hydrants and fire sprinlder systems shall be 2. The conditions shall be reviewable by the Coundl pursuant to Meridian City. Code § 11-17-9. 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 Worlcs Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a f'mai action of the governing body of the City of Mfiridian, 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, Tide 67, Idaho Code. By action of the City Council at its regular meeting held on the dayof Jgo~ ,2001. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS. VOTED voTED__~ VOTED VOTED MAYOR ROBERT D. COmE (TIE BREAKER) r)^TED: 7-/7-'a/ VOTED MOTION: APPROVED.~ DISAPPROVED; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 ~ty Clerk \~IPA_NT$40_PDC~ F~RVE R_Z~Wor I¢~I~M~ ridian~vl¢ r idian 15360M O02~fC1sCUPO 1 -OO2,doc Copy served upon Applicant, Planning and Zoning Department., Public Works Department and the City Attorney. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 ADA COUNTY I- GHWAY DISTRICT Plann/ng and Development Div/sion Development Applicatian Report Preliminary. Plat- SL!verstone Corporate Center s/~c Overland Road/Eagle Road 15-lots MPP-O 1-001/MCU?-0 t-00ZrMAZ-0 l-O01 The applicalion has bean referred to ACHD bv the City of Meridian for review and comment. Silverstone is a 15-1or oi[ice.:commercial subdivision on 78-acres. The applicant is requesting a rezone fi.om R-1 to C-C/C-G. The site is loCated atthe southeast comer of Overland Road and Eagle Road. This development is est/rental to §en~rate 9,629 addilioral vehicle trips per day based on the submitted traffic impact i~dy. This item is being placed on the regular agenda due to eoncerns of the applicant regarding stub ~treete and driveways, and also concerns from the property, owner to the south regarding access Roads impacted by tiffs development: Overland Road Eagle Road Interstate 84 ACHD Commission Dete- March 14, 2001 - 6:30 p.m. REGULAR AGENDA ITEM Facts and Findings: $ilverstone. crnm P~e 1 A. General Information Owner - Sundance Inveslrrgam Applicant- Larson Archil~cts, Quadrant Consulting R-1 - Exis~g zoning (Iow-density resid~fial) C-C/C-G _ Proposed zoning (general commercial) 78 - Acres 15 - Proposed building lots I -Proposed common lots 640 - Total IL'mai f~t of proposed public at.ts 9,629 - Total vehicle ~ps p~r day 285 - Traffic Analysis Zone (TAZ) West Ada - Impa~t Fse Sm'vic~ Area /vleridiim - Impact Fee Assessment Dimrict Minor aftra'iai wkh bike lane d~signalion Traffic cotrat of 13,I$I on 11-30-99 (ode Eugls Road) Traffic cou-~ of 11,422 on 11-30-99 (w/o Eagle Road) D-Existing Lsvel of Service Gr~amr ~aa E-E~is'~r~g plus projec! build-out L~ve! of Service 1,~O0-fz~ of~'onm.ge ~0-fest egistiag fight-of-way (2~-feet fi.om cen~erline) ~4 to 48-fe~t r~cluired right-of-way fi.om centerline Overlan~i Road is improved wi~h 2-1an~ wi~h no curb, gutter or sidewalk abut~g ~he silk. There is a soutl~bound ~ura lane on Overland Road ~ lhe Eagle Road interseciion. The Overiimd/Eagle Road intersection currently opera~es ara level of service F. Eaile Road Minor arterial ~ith bike lim~ de~iguafion Traffic count of 19,790 on 11-30-99 (a/o Overland Road) Traffic count of 7,498 ca 2-:2.00 (s/o Overland Road) Traffc count of 44,397 ca 10-19-99 (n/o I-g4) C-Exisling Level of Service D-Existiug plus project build-ont Level of Servics 2,600-feet of froniage $0-fe~t existing right-of-way (2~-fe~ from c~mt~rline) 52 to 4g-f~et required fight, of-way from cen~rline Abutting the site Eagle Road is improved wiih two lrawl limes, wilh no curb, gut~ or sidewalk. North of Overland Road Eagle Road widens to f-lanes. Norih of l-g4 Eagle Road is under lhe jurisdiction of ITD. ~ilver~t~n~.crllm ,, ,M~mte ~4 Traffic count of O-feet of ~ontage Interstate 84 is threc lanes ea~thound and three lanes westbound. There is an "ON" and "O~" ramp at Eagle Road. The Overland/Eagle Road and Merldi~m/Overl~nd Road inter~ecflons operate at a Level of Service F (LOS F), and are It~ted as one of the 100 mo~ o~ffcal inte~eedons in Ada Cotm~. Access control within the operating area office inter~ecfion ia vital to the safe operaflom of the inter~ecfion. The subject site's addffional ~xaffic wffi exacerbate the traffic problems at these tntersectior~. On Mar~ 2, 2001, the steffmet as the District's Technical Review Coramii'tee and reviewed the impacts of ibis proposed development on the Dislricfs ~ansportaion sys~m. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. A traffic study was submitted for tbe SilverStone Corporate Center in Meridian, Idaho. The kev · Endings of the traffic study include the fo[lowing. ' · The proposed development is projected to generate an average daily traffic (ADT) of 9,629 vehicles per day (vpd), of wb. ieh the penk hour traffic (PHT) is 1,02I Vehicles per hour (vph). · At build out, the project w~l add 6,317 v, hwles ~,r day to £agl, Road north of the sit*, ofth~s* tr~ps 847 will taP~ th* westbound f..84 ramp. 2,504 will travel eastbound on [-84, and th, remaining 2,966will cont~rat, to tl~ north. Aa additional 1,100 veh/cles per day will Iravel south of the site on Eagle Road. Tile project will add 1,380 vehctes Per day to Overland Road east of the site and 1150 vehicles per day west of the site. ' · The ki~rsection of Eagle Road and Overland Road is currently operating at Level of Service (LOS) F. It will operate at LOS F under background lra.fflc conditions witb or without the site being developed. This development should be required to participate in improvements to this interseotion to bring it to an acceptable level of smwiee. " · The in~rsections of Eagle Road and tbe eastbound and westboond off-ramps of 1-114 will function atan acceptable level ofserv/ce wi~ the addition of site traffic. This assumes that tbe proposed signal on the eastbound off-ramp is con..qnmted by ITD. · The. inteaectioa of Eagle Road and Fraifldin Road will opera~ at LOS F with or without the project. Improvements to this intersection will require additionsl rigM-of-way and coordination with other projects. Since the majoxily of the traffic wilI be coming from other erowth in the area, widening of this intersectinn should be considered by the ACHD and lTD." · The intersection of Overland Ro~d and MeaSdian Road will operate at LOS Funder baekgroend traffic conditions and LOS F with the addition of site lraflie. Additional lanes are required to make ibis iniereectior; operate atari acceptable LOS D. This intersection is within the limii~ of a proposed project by ACHD. The site traffic should be in¢leded in the planning ofliae ACHD maprovementz project. ' The intersection of Overlend Road and Cloverdaie 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 con~-ibtrm to the fimre reconstraotion of iris in~rsection. Silverstnne. ermm Page3 · The in~'section el`Overland Road and ~ve Mile J~:~ad will sut:f'~r a small incr..se in delay due to Project traffic. Other ~owth will contribul~ to most of the de~rioratien of the intersecii'en. TI~ project should not be rexlu/r~d to par~cipat~ in ~.e mconstruc~on of~/s intersection. " The intersection of Eagle Road and Victory Road will operate a~ an accep~ble level of service, LOS E: after the build out of Ss project. · Eagle Road south il'the project will operale at an acceptable level el` s~rvice aF[er build out of the project. The site should conlr/bute right-of-way for future roadway e~ansion. Since Eagle Road is on a section line, it is as~med ~ the future roadway will be' a five-lane road. · Ea~le Road north of the site will operate at an acceptable level of service afar bus d out of the project. ' Overland Road west o£Ea~l¢ Road will ope,mm at an acceptabI¢ level of service for a tlu'ee-lane road. A thru-lane road is proposed to be built by ACHD on tl~is section of roadway. · Ov~Ia~d Road e-~'t of Eagle Road will operate ara poor level ofs~rvic¢ a.far build'out of the project. The project should be required to dedicate r/ght-of, way for a five-lane future roadwav. In tile inl~irn, the project should be required to consmict a ri~totum lane and a lef~-tum lane ~or the full frontage of thc project aloug Overland Road. · The project should be mquimd to construct a signal et the main enir~nce to tile site on E~le Road and to the main e~trance to the site on Overland Road. Each signal will require a leiS-mm lane and a right-tom lane. E. The applicant is proposir~ to construct two driveways on Overland Road and one public street connection. The Proposed accesses are lo,ted: 400-i'eet east of Eagle Read (western driveway) · 690-£eet east of Ea~Ie Road and 265-f~at eas~ of western driveway (middle driveway) · 1,0?0-feet e~st of Ea~Ie Road (public street) Dis~ct policy 7204.7.3 states that ~ccess poin~ on arterials am based on the following: ':' One access point for less than l~0-feet off'enrage · :' Two ~cc~ss points for l~0-~00-l`~t offronlage '~ Throe access points for ~'~tor than 600-fce~ off-outage. Access points are cons/dead to be both public ~eets and driveways.. The applicant is proposin~ to construct three access points on Overland Road in accordance with District policy. The ACI-ID Commission approved these thr~ ~ccess points on Overland Road. The appllcant is proposing to coustruct five driveways ou Eagle Road and one public street conneclin~. The proposed accesses are located: · 400-l`e~ south of Overland Road (nortfiem driveway) · 690-fe~t south of Overland Road and 26S-feet south, of northern dr/veway (northern middle dr/veway) · · 420-feet south ol`norlimm middle dr/veway (m/ddle driveway) · 1,~90-f~e~ south of Overi~i Reed (public strut) · 410-feet south el`public street (soutlmm driveway) · At the south property line (shared southern driveway) District policy 7204.7.3 sm~es that ~ccess points on arterials are b=ed on the I'ollowing: · :' O~ access point for less than l~0-feet ofrroni~e G= · .*° Two acceas points for l~0-600-feet offroma§e · :' Three access points for greater fi~m 600-feet of~onuge. A~ess points are considered to be both public streets and driveways. Tim applicant is proposing to construct six access points on Eagle P,.oad. Dis'a'ict policy allows ~hree access points. SL'~ access points would mqulre a variance from the Commission. gaff recommends adherence of policy because the applicant is construct/nS a public street through the site and should have sufficiant ~ccess internally and with thre~ access points (two driveways and one public stree~t) on Eagle Road. The proposed drive,rays ~ located on shared proper~.' lines and ~ recommends that the applicant construct:, a driveway st the south property, line to provide for future shared ~cc~ss with the parcel to tim south; the spine road connection, and a second ckivew~y Iooated north of the spine road, but located ~ min/rnum of 4~0-feet south of Overhnd Road. The applicant does not concur with ~aff's r~commendation on the number of access points on Es§lo Road, and will provide information to the Cornmissioz~ r~lUesting a modi/ication of pol/cy. The ACHD Commission approved three access points on Eagle Road with this app1/cat/on. One access point sh~ be located attha south property line, and shall be constructed as a shared · drive,ray. The second access point shall be the proposed public road, located as proposed.- The third access polnt.shall be located a minimum oF440-feet south of Overland P~oad, and a minimum 440-fe~ north of the proposed public stree~ that will be signalized in the furore. The applicant is proposing to construct a spine road through the site wi~ connections at Overland Road and Eagle Road. Due to the volumes ef~t~c tMs developmen~ is e~acted to genera~ applicant should construct ~s roadway as a 46-foot street section witfi curbs, ~e~ers and sidewalks. ~fthe applicant constructs attached sidewalks, the sidewalk should be construc~i feet wide, ~nd the street should be com~ructed within 64-fuet ofr~ght-of-way, ffthe appiicen~ constructs det~chad sidewalks, the sidewalk should be cons~.'ucted 5-feet wide, and the street should be constructed wid~/n'?0-feet of z/sbt-of-way. P~'king shouId be restricted on the proposed s~reet, end the applicant should submit a si~e plan pr/or ~ final plat approval. The ~pplicant's site plan indicates a traffic s/~nal on Overland Rnad attha intersec~en ~vith the proposed public stre~ located approximately ¼-mile east of Eagle Road, and one on E~le Road located approximately U3-mile south of Overland Road. It is not cie= ~'om ~e applicant's proposal if the interr~ is for the traffic sisals to be constructed witfi the project, or if they are show~ on the plan as "future". According to the subrr~tted ~raff~c study, at fuji build-ou~ the project should be requ/red to construct the signals, and the necessary site improvements ~ssoc/ated w/th tile signals: le/~-t~m lanes and r/§ht-turn lanes. Based on ACHD Commission ~'/ou, ~raffc sisals cannot be instalIed at these inter, actions until them is a warrant. The ~ppllcant's ~zaffc engineer should work w/th ACHD Traffic Services st~J~ to determine when tile warrant is me~ or is close to being me~. The developer should be ~ancially responsiMe for the cost of one-half of the slgne~ If tho prope~es across from this subdiv/sien have nec been deve~opecl prior to the signal warrant~ the applicant of~s site [und ~00% o~the cost of the signals. A~ the thne that those properties develop, a road trust will be acqu/rad and this apphcan~ shall be reimbursed for one half of the cost of the signal. Th/s applicant should enter into a written agreement with the District ~or these ~o traffic signals. ~ilvers~one.cmm TM applicant should be requir~ to coaslmct center tom lanes on Overland Road and Eagle Reed for the proposed public slr~t intersections arid for full access driveways. Thc roadways are currently only 2-lanes ia width, and lite ~ubmitt~l ~raffic study det~'rnafiaed that these la'es should be required. The applicant is proposing to cons~'uct islands at the main entrances to the proposed spine roads. The islands may interf~i-~ with mrding movements at the signals. The applicant should coordinate the intersection designs with D/sir/ct Traffic Ser',4ces staff. Driveways on the proposed spine road should be located a minimum distance of 173-feet from Eagle Road and Overland Road, and should dign or offset a minimum of 125-feet from any proposed driveways. The sii~ plan shows driveways on lira proposed slreet located within 2f-feet o£other proposal driveways, and some of the driveways are consmicted with medians: such a configuration is confusing to the motorist. The applicant should revise the site plan and relocat~ driveways in accordance with dis~ct policy. The applicont is proposing to construct a large island in th~ middle of the spine road, with driveways on both sides. Tim driveways are located so that motorists could make unsafe Iett tums . from the driveways. The applicant should elthe~, constract the island as a true roundabout; eliminate the driveways; or elim~te the island. ' The applicant is proposing to construct a local street offofthe spine road. The location of the street conforms to ACHD polio. The street should be consiructed as a local/commercial s~reet:. 40-foot strut seetion with curbs, guttem and 5-foot wide concr~ sid~wall~ within 58-feet of right-of-way. Atthe meeting on .March 14, 2001, the applicant submimd a drawing indicating th~ this street would be stubbed to ~ undeveloped gO-acre property to the east. Based on the applicant's testimony, and the need for interconnectivity the ACI-1D Commission required this stub slreet as condition of approval. TM stub street should be constru~ed to the east property line between:Lot 5 and Lot 6, Block 1. The applicant should provide a paved temporaiT tumarouad at the east cng o£the stub with a temporary easement provided to the District Tim applicant should be required m install a sign at the l~miaus of the roadway stating thai, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the si.ma plan for the stub street, and tile design of the mmaronnd with DisU'ict staff. UtiliW street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Consiruction Services at 3876280 (with file numbers) for details. Irrigntion facilities should be reloca~d outside of the new right-of-way on Overland Road and Eagle Road. Silverstormcmm Pa~e $ All ufili .ty relocation costs associated with improving ~'eot frontages abuc~g the site ~ould be borne by the developer. The applicant i~ net proposing ~o ~on~uc~ any stub ~ ~ ~ undeveloped p~ce!s to the sou~. Dis~ct policy r~u~s ~b ~ee~ to provi~ access ~ ~jO~g pro,es. ~e p~ceI to ~e sou~ is 27~es, ~d ~t prope~ o~ ~so o~ several s~und~g prope~es. ~e pmp~ o~ ~ ~e sou~ of~s si~ (Su~I~ F~s) h~ ~quested ~t~e app~c~t be r~u~d ~ co~ct ~ ~b s~ se~e ~ prop~, ~ also co~ct ~ ea~-west collector s~t ~ong ~e commo~ pmpe~ I~ ~ s~e ~ prop~. [~ iz ~ely that ~e prop~ sou~ will d~top ~ residanfi~ ~ ~ dez~ ~ ~ C[~ ofM~di~ Comprehe~ive PI~. ~e applie~t h~ ~eed ~ com~et a dfivewev at ~e ~ou~ pmpe~ ~e ~t ~uld se~e as a ~ed ~cce~s ~ ~e ~ope~ o~. S~ d~s ~t r~o~d ~at ~e appli~t be requ~ed ~ con~ct ~ e~t-we~ eo~ter ~et ~ong ~e sou~ pmp~ ~, ~ ~e ~pp~c~t is com~c~g a ~llee~r m~w~v ~ou~ ~ site ~d it i~ ~t needed ~ong the sou~ prope~ l~e. ~e ~pplic~t con~c~'a ~b sr~t ~ ~e prop~ ~ ~e sou~ ~e m~um l~g~ of · e rom would be 7~0-feet ~e aver~ corm ~ild a 1~ s~t is $~0/~e~ foot ~e appro~a~ co~ ~ co~ct ~ ~b ~tm ~e sou~ pmp~ ~e would be $60,000. doe~ aot ~d ~ e~cfion o~a ~b s~ ~ ~e zou~ pm~ l~e. ~e applic~ iz opposed ~ ~e ~n~on of~y ~b ~e~ ~ ~ound~g ~op~es. At ~e Co~on m~ oa ~ch 14, 2001, a r~mfive of~e p~ce~ m ~e sou~ ~s~ on behaiofSu~er~d F~z ~d r~ue~ ~ ~b ~e~to ~e zou~ prope~ ~e AC~ Co~ioa requ~e~ ~ ~ns~cfion of · ~d driveway at ~e ~ou~ prope~ ~e, but did not ~qu~e ~e co~c~oa of · ~b ~eet m ~e ~ou~. ' In accordance with DisC-Set policy, tile applicant should be required to construct a S-foot'Mdc concrete sidewalk on Overland Road a~utfin§ the entire site. Coordinate the loeatinn and elevation of the sidewa/k with District staff. In accordance with Distric~ policy, the applicant should be required to construct a 5-foot wide concrete sidewalk on Eagle Roa~ abu~g the entire site. Coordin~:~ the location and elevation of the sidewalk with District Any proposed hndscape islanfl~'medians ~/th/n the public r/ght-of-way dedicated bv this plat should be owned and maintained by Silverstone owners. Notes of this should be required on the f~al pht In order ~o reduce h-/ps to and from this development it is recommended that Tenants occupying the proposed building be required to prey/fie an Alternalive Transporlalion Pro~arn for employees and provide an annual repor~to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Pat Nelson at 387-6160. In order to reduce ~ps to and from th/s development, it is recommended tlmt the tenants occupying the proposed building(s) be required to participate in any Transportation Management . $ilverston~ ~mm Association (TMA.) or Tvampcrafio= Management Org~-iz~tioa (TMO) that is formed with a boundary, ti~t includes this si~ or is adjacent to thil d~elopm~nt. A Transportation Manz-~ement Association (TM.4.) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison be~ve-~n businessee and private and public transperiation providers to increase the use o£altemafive transportation aud other ~p reduction measures (shu~le buses, bus pass programs, vanpools, carpools, bicycle ad walking enhancements). Au annual survey will be required of the TIvIAFFMO to monitor pm/cipation in alternative transportation pro.a'ams and fonvarded to the ACHD Cornmuteride Office. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation a.*alem will not be adequate to accommodate additional traffic ~enerated by this proposed development at accepted levels of service with out modifications to Eagle Road and Overland Road, and the intersection. Special Recommendation to ITl): l. According to the submitted traffic study, the proposed development is projected to generate an averag~ dally lraflic (gDT) of 9,629 vehicles per day (vpd), of which the peak hour lraffi¢ (PHT) is 1,021 vekicles per hour (vph). At build out, the project will add 6,317 ve~h/cles per day to Eagle Road nora of the site, o£these trips 84'/will take the westbound 1-84 ramp, 2,504 will travel eesthcund on 1-84, and the remaining 2,906 w/Il continue to th~ north. Special Recommendation to City of Meridian: In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternalive Transportation Pro_cram for employees and provid~ an annual report to ACHD on employee participation. Cornmuteride staff will coordinate the Alternative Transportation Program with th, applicant. For more information con~act Ms. Pat Nelson st 387-6160. In order to reduoe trips to and ~om ~is development, the l~nents o~oupying the proposed building(s) should be requ/red to participate in any Trenspomtion Management Association II'MA) or Transportation Managemeut Organization (TMO) that is formed with a bouudary that includes this site or is adjacent to th/s development. 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 lraftlc w/Il exacerbate the traffic problems at these intersections. Based on development psttemS in ~ area and the remltiug traffic generation, staffanticipal~s that the transportation system w/il not be adequate to accommodate additional U'affic generated by this proposed development at accel~d levels of servic~ with out modifications to Eagle Road and Overland Road, and the intersec~om Silver~tnne. cmm "ti;' Y oP , The foilowi~ Site Specific Requirement~ and Standard Requirements must be met or provided for prior to ACItD approval of the final plat: Site Specific Requirements: Dedicate 54 to 4g-feet ofri_gb.t-of-way f~om the ceatefline of Overland Road abutting the parcel by means of recordation cfa final subdivision plat or e~cution ora warran~ deed prior to issuance of a building permit (or other required peradts), whichever occurs ~st..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 fight~of-way dedicated which is an addition to existing ACHD right-of-way. . Dedicat~ 52 to 48-feet of right, of-way fi.om the centerline of Eagle Road abutting the parcel by' means of recordation of a ~ suMivision pht or e~cution of a warranty deed prior to issuance of a building permit (or other required permits), whiche~r occur~ fn~. Allow up to 30 business days tn process ~e fisht-of-way dedication after receipt of all requested material. The owner will be paid the fair ma.q~et value of the righ~-of.w~y dedicated which is an addition m ~vdsting ACHD right-of-way. The following acca~s points on Overland Road are approved with this application: * 400-feet east of Eagle Road (western driveway) 690-feet east ofF..~le RO~d and 265-fe~t east of western driveway (middle driveway) · 1,070-feet east of Eagle Road (public street) The follow/ng -~ccess points on Eagle Road are approved with ~s application: · A minimum of 440-f~t south of Overland Koed and a minimum 440-t'eet north of the proposed public street. · 1,$90-feet muth of eve,land Road (public street) · At the south property I/ne (md southern driveway) . Construct a spine road tla~ugh the sim with connections at Overland Road ~nd Eagle Road, located as proposed. Conslmc~ the roadway as · 46-foot sleet section with curbs, gutters and ~idewalks. If~he applicant construct~ attached sidewalks, the sidewalk shall be constructed 7- feet wide, and the street shall be comtmcted within 64--feet o~'right-of-way. Ii'the appEcant constructs de~ached sidewalks, the sidewall{ stroll be constructed ~-feet wide, and the street shall be comlra~d within 70-feet ofright-of-wa.v. Parking shall b~ mslricted on the proposed street, and the ~plicant shall submit a signers plan prior to final plat approval. Th/a applicant ~ould enter into a written agreement with th~ District for the construct/om timing and funding of the two proposed traffic slgmls: one on Overland Road located ~tt the quarmr- mile, and one on E~le Road at approximately the half-mile. ' Silver~*.~mm P~e 9 10. 11. 12. 13. 14. I6. Traffic signals cermet be installed at these intersections until there is a warrant. The applicant's traffic engineer should work with ACHD Traffic Serv/ces staffto determine when the warrant is meg or is close te being met. The developer shall be finenciaily responsible ['or the cost of one- half of the signal. Ii'the properties across from this subd/vision have not been developed prior to the signal warren~ the applicant of this site shall fund 100%.of the cost of the siguals. At the time that those properties across the strut develop, a road trust will be acquired and this applicant shall be reimbursed for one half of the cost et'the signal. Construct center tern lanes on Overland Road end Eagle Road for the proposed public street intexsections and for full ~caes~ driveways. The applicant shall coordinate ti~e intersection designs with D/strict Traffic Services staff. Driveways on the proposed spine road shall be located a minimum distance of 175-feet from Eagle Road and Overland Road, and shall align or offset a minimum 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 both sides. The applicant shall: construct the island as a true roundabout; eliminate ~e driveways; or ellmin~.te the island. Stub Titanium Way to the east property line between Lot 5 and Lot 6, Block 1. Conslruct Titeniura Way as a 40-foot street section with curbs, gutters and l-foot wide concrete sidewalks with;n ~8-feet of right-of, way, with a axadard turnaround atthe south end. Provide a paved tempora~ turnaround atthe east ~d of the stub with a temporary, e~ment provided to the District. The applicant should be required to install a sign at the terminus of the roadway sm. ting ths% "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate :he sign pien for the stub slreet, and the design of the turnaround with District staff. Utility street cuts in pavement less than five ye~'s old are not allowed unless approved in writing by the Dish/ct. Contact Construction Services at 387-62g0 (with file. numbers) for details. Irrigation facilities shall be relocated outside of the aew right-of-way on Overland Road and Eagle Road. All utility relocation costs associated with improving street frontuges abutting tho site shall be borne by t~ developer. ' Construct a 5-foot wide concrete sidewalk on Overland Road abutting ~he entire site. Coordinate liae location and elevation of the sidewalk with DiCa/ct staff. Construct a 5-foot wide cancret~ sidewalk on Eagle Road abutting the satire site. Coordinate the location arid elevation of the sidewalk with Dist~iet mfr. Any proposed landscape islandstmedism within ~ public tight-of-way dedicated by this plat shall owned and mainninad by Silverstone owngrs. Notes of'dg.s shall be requked on the final plat. Silverstone. cmm P~ge 10 18. Other than the access points specii]c, ily approved with titis application, direct lot or parcel access to Overland Road and Eagle Road is prohibited. Lot access mslrintions? as required with ~ds appllc-~ion, shall be stewed on the final pla. Standard Requirements: A request for modiication, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Devetopment Supervisor. The request shall soeciflcailv identif'v each renuirarnen: to be reconsidered and include a written exulacation of why such a requirement would result in a substantial hardshiu or inequity. The writ~n reouest ,¸ shall be submi~d to the Dis~ict no later than 9:00 ~.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with tim Commission on the ne,-X available m~tin~ agenda. Requests submiued to the District a~r 9:00 a.m. on the d~y scheduled for Commission action do not provide su~ciant tree for District staff to remove the item Bom the consent agenda and repor~ to the Commission regardin~ the requested modification, variance or waiver. Those i~ems will be ~cted on by the Co-mission unless removed from the agenda by ~he Commission. At,er .iCI-ID Commission action, any reqtmst for reconsid~ra~don of the Commission's action shall be r-~de in writing to the Planning and Developman~ Supervisor within six d~.vs of the aciion md shall include a minimum fee of $110.00. The request for reconsideration shall sveciflcallv identify each renU~r~ment ~0 be reconsidered and include written documenIution of ,¸ data that was not available to the Conunission at the time of its ofisinal decision. The request for r~onsiderafion ~Ii be hea.ni by the District Commission at the ne.'~ m~Ular me,ting of the Commission. ff tim Comr, ission agrces to reconsider tlm action, the applicent witl be no~ffied of thc date and time of the Commission muting at which the reconsideration will be heard. Payment of applicable road imp~c~ fees am required prior tn building construction in accordance with Oral/ramco #193, alsu known as Ada County Highway District l;~.oed Impact Fee Ordinanc.~. All design and construction shall l~ in accordance with the Ada County Fli~way Distr/ct Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all appLicable ACHD Ordinances uuless specitically waived herein. An engineer registered in the Slate of Idaho shall prepare and cerlify all improvement plans. The applicant shall subrnkrevised plans for staff.approval, prior to issuance of building permit (or otimr required permits), which inacrpor~es any requked design chan~es. Construction, use and property development shall be in conformance with ail applicable mquiremonts oi'the Ada County Highway DisU'ict prior to District approval for occupancy. k is the responsibility of the appIicent to verify all e.-dstin§ utilities within the right-of-way. t~xisting utilities damaged by the applicant shall be repaired by the applicant at no cos: to ACHD. The applicant shall be required to cull DIOLINE (1-800-3~1-1585) at least t~vo full business days prior to breaking ground within ACHD right-al-way. The applicant ~hall contact $ilver~ue.orum P~e 11 ACED Tra~c Operstions 3~7-~190 in the event any ACHD conduits (spare or filled) are compromised during any phase of ccns~uaion. No change in the terms and conditions oflitis approval shell be valid unless they are in writing and si/ned by the applicant or the ~pplicent's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confmnation ofeny change f~om the Ada Coun~ Highway Dis~ct. Any chan~e by. the applicant in the planned use of th= property which is lfie subject of this application, shall require the applicant to comply with ell roles, regulations, ordinances, plans, or oth~ regulatat~' and legel re.stri~ons in force a~ tim time lfie applicant or its successors in interest ~'~ises the Hi/hwiy District of its intent to change the planned use of tim subject property unless a waiver/variance of said requ/rements or other legal r¢llefis ~ranted pursuant to Conclusion of Law: ACHD requirements are in~nded to assure that the proposed use/development will not place an undue burden on tile e.-dsting vehicular and pedestrian/~nsporlation system within the vicini .ty impacted by Re proposed develolm~nt. Should you have any questions or comments, please contac: the plen~i,,$ end Development Division at 387-6170. Submi~dbv:. Commission Action: Plannin~ end D~velovment Staff March 14, 2001 Silve.,stnn~ ~ Pai~e 12 BEFORE THE CITY COUNCIL OF THE C~TY'OF MERIDIAN 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 ) ) ) ) ) ) ) ) ). ) ) ) ) ) ) ) ) C/C 04/03/01 Revised 07/12/01 Case No. CUP-01-002 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 174 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 followLng action: .2. That the above named applicant is granted a conditional use permit for ORDER CONDITIONAL USE PERMIT COMMERICAL PLANNED UNIT DEVELOPMENT SUNDANCE INVESTMENTS LIMITED PARTNERSHIP OR ASSIGNS -I 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 heatings. 2.2 2.3 2.4 Planned Development Regulations: As a mixed/planned use development, the Silverstone Corporate Center shall compl)/with the following sections of the subdivision ordinance: 12-6-4 Procedures for Planned Developments, 12-6-6 General Regulations for Planned Devdopment, and 12-6-7 General Standards for Planned Developments. All commercial and office uses shall comply ~vith 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 subrnitted 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 parldng 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 ORDER CONDITIONAL USE PERMIT COMMERICAL PI_JkNNED UNIT DEVELOPMENT SUNDANCE INVESTMENTS LIMITED PARTNERSHIP OR ASSIGNS -2 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. 2.5 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. 2.6 Streets and Circulation: The proposed project is designed as a stand- alone development with no provision for access to other properties. 2.7 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. 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 Altenxative 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 Cotmdl 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 ail 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 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to pre,~ent 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 tha~ 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. 2.15 The Engineers and architects involved with the design of the subiect project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents -4 OKDER CONDITIONAL USE PERMIT COMMERIGAL PLANNED UNIT DEVELOPMENT SUNDANCE INVESTMENTS LIMITED PARTNERSHIP OR ASSIGNS Met, groundwater and surface water degradation in violation of applicable laws and regulations. Adopt the Recommendations of the Meridian Fire Department as follows: 2.16 All codes relating to fire hydrants and fire sprinlder systems shall be 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 ~'~0 D. Corrie, Mayor'City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ~~ City Clerk ~ % .~ -5 ORDER CONDITIONAL USE PERMIT COMMERICAL PLANNED UNIT DEVELOPMENT SUNDANCE INVESTMENTS LIMITED PARTNERSHIP OR ASSIGNS AJDA COUNTY HIGHWAY DISTRICT P]~ning and Development Division Development Applicaiion Report Preliminary. Plat- Silverstone Corporate C~ter s/¢~¢ Overland Road/Eagle Road ~XiPP-01-00 LO/CUP-01-00%'MAZ-01-001 1 .q-lot~ T~ applicmion has been referred to ACHD by lhe City, of Iv~ridian for review and comment. Silver,one is a Iq-lot office.:¢ommercial subdivision on 78.antes. The applicant is m=!u~'~/a~g a rezone fi'om R-I to C-C/C-G. The site is locat=d at th= southeast aorn=r of Overiand Road and Eagle Road. This d~ve!opmeut is estimated to generate 9,629 addilionai vehicle alps per day based on the submitted Iraffl¢ impact study. This item is being placid on the regular agenda due to concerns of the applicant regarding stub tt'r~et$ and driveway~, and al.~o concerto from the property owner to the south retarding access Road~ impacted by t~s de'~elopmo'al:. Overland Road E~le Road Intar~mt= 84. ACHD Commission Date - Mar~h 14, 2001 - 6:30 p.m. REGULAR AGENDA ITEIVI L tracts and Findings: Pa~a 1 A. Geo~al hxformati~n Owner - Suudanc~ Iriveslments Applicun~- Latin Arc. hit~=, Quadrant Consulting R-1 - Existing zoning (Iow-d~r~i~ msid~iai) C-C~C-G - Proposed zoning (general coutmerciai) 78 - 15 - Proposed building lo~s 1 -Proposed common lots 640. Total lineal fez of proposed public streets 9,629 - Total w,hicle Irips p~ day 285 - Traffic Analysis Zoue CIA.Z) West.Ida - Impac~ Fee $~wice Are:~ Meridi~u - Impact Fee Assessment Dislric+- Overland Road lviiaor arterial wi~ bike lane desigualion Traffic count of 13,§51 on 11-30-99 (~o B~le Road) Traffic count of 11,423 on I 1-30-99 (w/o E~!e Road) D-Exis~g Level of Service C.~ealer ~ E-Existi~ plus projec~ build-out L~a! of Se,wits 1..300-f~t of fmutag~ ~ 0-f~-~ exisliug right-of-way (2l.f~t from c~nl~rliue) ~4 ~o 48-feet required fight-of-way from centerline Overland Road ia improved widx 2-Ianes with no curb, gutter, or sidewalk abutting the sim. 'i'uere is a souff~bouud turn lane on Overland Road a.t the EaSe Road in*ersec~on, The Overiaed/Ea~le P. oed in~c~:fion curremly opera.s at a level of s~,4c.' F. Ea~le Road Minor a_,-~rial wi~h bikl hm~ Traffic count of 19,790 ~ 11-30-99 (~o Tmffi~ co~t oF7,498 on 2-2-00 (s/o Ov~lmd T~c ~un~ of ~,397 ou 10-19-99 (~o 1-84) C-~$ L~el of S~c~ D-E~g plus pmje~ bu~d~ut Level of S~ic~ 2,600-fee~ of~n~e ~0-~ ~ H~f-way (Z-~=t kom ~2 ~ ~e~ re~uk~ 6~f-w~y ~om ~u~{ ~e ~ E~c Ro~ is ~prov~ ~ ~vo ~avel l~e~ ~ no c~, gu~r or sidew~. N~ of Overlmd RO~ B~le Ko~ widens ju~dic~ou of ~ u. F~ge 2 The OverhndFiagie Road ~.nd Meridian/Overland Road intersections operate at a Level of Service F (LOS F), and are lls~ed as one of the 100 most critical intersections in Ada Count7. Access control within the operating oran of the intersection i~ vital to the safe operations of the inter~ecfion. The subjeC~ site's additional traffic will e:meerbate the traffic problern~ at the~e inter~ectiom. On March 2, 2001, lt~ siaffmet as the Districfs Technical Review comrmrt.~ and re'Aewed the impacts of this proposed development on the District's lrausportation s?r~m. The results of that analysis constitute the following Facts and Findings and recommended Site Sp~ific l~quircmcnts. A lraffin study was submitted for ~ SilverStone Corporute Center in Me.id/an. Idaho. The k~y . findings of~e Iraffic study include the following. · The proposed developmtmi:is projected to g~ne. ram an average daily lraffic (ADT) of 9,629 vehicles lmr day (vpd). of which the peak hour traffic (PHT) is 1,021 vehicles per hour (vph). · Atbulldou%thaprojectwllladd6,$lTveI'dal~$perdaytoEaglaRoadnarthofthes~moftt~sa tmp~ 847 will ta~ th~ w~tbound [-84 rarn.z~, 2,504 will tra~at ~astbound on [-Sg, and r~mmmng 2.966 will connmte to th~ north. An additional 1,I00 vehicles per day will travel suuth of the site on Eagle Road. The proje¢r will add 1,3a0 veMcles per day to Overtand Road e~-~ of the ~/r~ and 850 vehicles p~ day we~ of thc site. · The intersection of Eagle Road and Overland Road is curremly operating at Lave[ of Se.'wice (LO~) F. Il: ~ op~ate at LOS Y under backgound traffia ~ondilions wi~ or without fl'lo site being developed. This development should be ran. uirnd to participate, in improvements to this in~e,,'zectiou to bring it to au acaept~le level of service. · The ~c~iora of Ea~le Road and the eazibound and wea~ound off-ramps of I-a4 will function a~an a~aepteble level of se.wice with the nddltion of site lrai~c. This assumes limt the proposed signal on the eastbound off-ramp is cons-h-ucted by ltl3. · Th~ intersection of Eagle Road and Frenklin Read will operste at LO$ F with or without the project. Improvements to this interseciioa will require axtditionel right-of-way and cooniination with oth~r projec*.s. Since the majoriW, of the traffic will be coming from oifier ~owth in the area, widening of this intersection should be aonsid=~d by the ACHD and lTD. · Th~ int~'s~ction of Or,land Road and Meridian Road will operate a~ LOS F under background traffic conditions and LOS F with the addition of site traffic. Additional lanes are required to m~.k~ this inter, sateen operate at an sea,table LOS D. This intersection is within the limits ufa proposed proje~ by ACHD. The site ~-affic should be included in the planning of ihs ACHD improvements project. The intersection of Overland Road and Clove."dale Road will require improvements to operate at LOS E. This ~rea will probably see developme,~ in the coming years. It is recommended · o projec~ will conu'ibum to th~ future reconsw, mtion of~f inte~ection. Silve.-smne.=nm The interaction of Overland Road'and Five Mile Romt will suffer, a small increase in de!.~y due to project Iraffic, Other grow~ will contribute to mostofthe de*.erior~lion of the intersection. The project should not be required to participate in the reconsu-uction of this intersection. The intersection of Eagle Road and Vic:cry Ro~d will oNe,ts at an scceptahle !oval of service, LOS E, after the build out of this project. EaSe Road south i£the project will operate at an ~cceptahle level of service a~er buiid out of the project. The site should contribute fight-of-way for future roadway expansion. Since Eagle Road is on a s~tion llne, it is assumed that the future roadway will be a five-lane road. E~!e Road north of the site will ope, ate at an acceptable, levei of service ai%r build out of the prelect. Ova, hod Road west of Eagle Road will ope.~t~ at an acceptabl~ love! of te.wic~= for a three-lane mad. A thr~-!ane road is Proposal to be built by ACHD on this section of roadway. Overland Road east ofF. ag. lo Road will operate at a poor level of service after build out ofli~ project. The project should be required to dedicate ri_~_it-of-way for a five-lane furore roadway. In the int~,'-kn, the project should be required to construc~ a rigor-turn lane and a let-mm lane for the full f'on~, of the project along Or.land Road. The project should be required to construct a si_m~.l at th~ main enlrance to the site on Eagle Road and to the main entrance to the site on Overland Road. Each si~at will require a le.~-mra lane and a fight-turo lane. The applic~n~ is proposing to construct two drivewa.vs on Overland Road and one public su'ee~ connection. The proposed accesses are located: 400-fe~eas~ofEagl¢ Road (western driveway) · 690-feet east of Eagle Road and 26.~-feet east of western ddvew-y (middle driveway) · 1,070-f~t ~ of Eagi~ Road (public slam-et) District policy 7204.7.3 states that access points on arterials are based on the following: · :- One acces~ point for less ~ 150-feet of f~onmge · :' Two access points for 1~0-600-~ oft~out~e . -:- Three access points for greater than 600-f~t of~'ontage. Access points are considered to be both public slreem and ~riveways. The applicant is proposing to construct three -~ceess points on Overland Road in ~ccordance with District poIicy.. The ACHD Commission approved these thr~ access points on Overland Road. The applicant is proposing t~ cons~ruci five driveway~ on Eagle Road ~ one public street connec~ou. The proposed accesses are Ic~t~d: · 400-feet south of Overland Road (northern driveway) · 690-feet south of Overland Road and 265-feet south of northern drive:vay (northern middle drive.y) · 420-feet south of northern middle driveway (middle driveway) · l,$90-feet south o:~ Overland Road (public strut) · 410-feet south of pubIic street (southern driveway) · At the south property, line (shared southern driveway) District policy 7204.7.3 rotes th~ access points on arterials are based on the following: · :- One access point for less than l~0-feet of~ontage Silverstone.cram Pa~e 4 ' ':o Two a=ceas points for l$0-600-fuet offron~e · :- Three access points for ~ea:er than 600.feet of frontage. Access points are considered to be both public streets and dr/veways. The applicant is proposing to conslract six .~ccess points on EaSe Road. Dis~ct policy, allows ~Iu'ee access points. Sis access points would require a variance from the Commiss/on. Staff re~mmends adherence o~' policy because the applicant is constructing a public str~.t through the site and should have suf~c/ent access/nmrnall¥ and with three access points (txvo dr/veways and one public street) on Eagle Ro~d. The proposed driveways are located on shared prope,,'qy lines and staffrecommends that the applicant construct, a driveway at the south property line to provide for furore shared access with the parcel to the soulfi; the spree roa~i connection, and a s~ond driveway locat~ north of the spine road, but located ~ minimum of 440-fe~*. sourh of Overland Road. The .~pplicant does not concur with staffs recamm=xt~on on the ~umber of ~.ccess po/nm on EaSe Road, and will provide L-fform~tion to the Commission requesting a modification of policy. The .~.CHD Cornmqssion approved three access points on Eagle Road with tiffs application. One ~ccess point shall be locat~ at the sou~h prope,"0y Line,. and shall be construe:ed as a shared · driveway. The second access point shall be the proposed public road, loc. amd as proposed.- The tb).rd .~ec~ss point shall be located a minimum of 440-fe~ south of Overland Road, and a minimum 440-f~t north of the proposed public met thas will be signa/ized in the future. The ~ppticant is proposing to construct a spine road ttirough the site with connections at Overland Road and Eagle Road. Due to the volumes of~rat~c this development is exp=cxed to g~nemte., the applicant should conslruct xlxis roadway as a 46-foot s'a-eet section with curbs, gutters and sidewalks. If the applicant constructs attached sidewalks, the sidewalk should be constzucted 7- f~t wide: and the s~x~t should be constructsd within 64-feet of right-of-way. I.f the applicant constract~ de*ached sidewalks, the sidewalk should be construcmd 5~feet wide~ ~d the street should be constructed wifi~n'70-feo, t of right-of-way. Parking should be restricted on the proposed street, and the applicant shouid submit a signage plan prior tg. final plat approval. The applicant's site plan indicates · txafiic sisal on Over[and Road at the intersection with the proposed public street, located appro.-~natety V,-mile east of Eagle Road, and one on Eagle Road located appro.xkn~tely I/3-mlie south of Or,land Road. It is not cleaz fxom the applicant's proposal if the Latent is for the tra~c sign, s to be cons'a'ucted with the projec~ or/fthe.v are shown on file plan as "future". According to the submitted ~fffic study, at full build-out, the project should be r~luired to construct the signals, and the necessary, site improvements assocL~ted with the d~m~als: lo,mm lanes and right-turn lanes. B.~sed on ACHD Commission ~ction, tragic signe, ls cannot be insl~lled at these inm:~estions until thoro is a warrant. The ~pplica~t's ~raflic e,ugin~r should work with ~CHD Tr~ic Services 'co dot,mine when the warrant is met, 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 be~n developed prior to the si~al warran: the applicant of'd'fis site shall fund 100% of the Cost of the signals. At the t/me that'/hose properl/es develop, ,, road trust will be acquired and this applicant shall be reimbursed for one ~ of tim cost of the signal. Tiffs · pplicant should enter into a written agreement with lfie District for these two traffic signals. $ilverstan~ ~-rm /. The a~plicanr should be required to construct c~ter turn lar~s on Overland Road and Eagle Road ['or lfie proposed public s~'¢ct intersections and for full access driveways. Thc roadwa.vs are currently only 2-lanes in width, and the subm/rted a'sffic study dete,-mmed that these lanes shouM be required. The applicant is proposlng~, to construct islands at the main entrances to the proposed spine roads. The islands ma.v interfere with turning move. meats at the si.~als. The applicant should coordinate the intersect/on designs with District Traffic Se~'-~iccs Driveways on the proposed spine m~d should be located a minimum di~'~mca of 175-f~t ~om E~le Road and Overland Road, md should align or offset-~ w;-;~um of 125-feet fi:om any proposed drivew~.vs. The site plan shows driveways on the proposed re'ce*, located withn 25-feat of other proposed driveways, and some of the driveways are qonsnucmd with medians: such a co~umtion is confusing to the motorist. The applicani shoutd re'Ase the sim plan and relocate driveways in accordanc~ with dismict policy. The applicant is proposi~ to com~uct a larg~, island in the middle of the spine road, with driwwa.vs on l~oth sides. The dr/veways are located so thet motorist~ could make unsafe left turns fi:om the deivewa.vs. The ~pplicant should either: consm~ct the island as a lrue roundabout,. ' eliminate the driveways; or eliminate the island. The appllca~ is proposing to comsauct a local street offo£thc spine road. The location of the street conforms to ACHD policy. The ~eet should be construcmd as ~ ]oc~l/commercial stree~ 40-foet stre~ sec~on witfi curb~, ~tt~rs and ~-foot wide concrete sidewalks with/n 58-~eet of right-of-way. Atthe meeting on ~Laroh 14, 2001, the applicant submitmd a drawing indicanng that ~/s strut wouId be stubbed to ~ undeveloped gO-acre property, to the east. Based on the applicant's testknony, and the need for int~councctivi .fy ~he ACI-ID Commission required ~s stub street as a condition of approval. The stub str~?, should be constructed ~o the east property. ~ betw~n'Lot $ and Lot 6, Block 1. The applicnn~ should provide ~ paved temporary turnaround a~ the east end of the stub with a temporal, easement provided to the District. The applicant should ~ required to install a sign ~t the tm-minus of the roadway sim/nS that, "THIS ROAD WILL BE LXTENDED IN THE FLrlIJRE". Coordinate th~ si~ plan for the stub str~-~% and the design otthe turnaround with District staff. U~dliW ~cet cute in pavemeat less than five year~ old are not allowed unless approved in wr/ting by the District. Conlact Constrncfion Servicos at 3~7-~280 (with file numbers) for derails. Irri~,arlon fac*lines should be relocated outstae of the new right-of-way on Overland Road and Road. Silver,ranis-am · Pa~ 6 All utili .W re!~calion costs associated with improving str~t frontages abutting the site should be borne by the deve!op~. The applicmt is not proposing to construe.* any stub atto.ts to the undeveloped parcels to the south. District policy requires stub streets to provide access to adjoining properties. The parc~! to tim south is 27-~cres and that property owner also owns several surrounding propOSes. The prope~, owner to the south of this site ($atherland Farms) has requested that the applicant be required to construct a rmb sa'ee*, to se:ye h/s property., and also comtract an east-west collector street along the common prop~y line to serve kis properS.. It is likely that the property to the sou~h will develop as residential, as is desigmt~t in the Ci~ of Meridian Comprehensive The applicant has a,~r~ to construct a driveway ar the south property, line thor would serve as a shared ~cceas with the property, owner. Stuff does not recommend that the applicant be required to construct an east-west colIector street along the south property line, as the appliers is coma'acting ~ collector roedw~y tta'ough the sim end it is nor needed along the south prope,? line. I~the applicant consaucts a ~mb street rn the property to the south, the minimum len_~& of the road would be 7$0-fe~t. The av~*a~e costto build a local s~reet is $80tline~r foot. The approximate cost to consmct a stub meet to tile souga property, line would be $60,000. does not reconn-nev, d the construction o£a stub str,et to the south property line. The applicant is opposed to th~ construction of any stab ~t~ts to surrounding properties. Atthe ¢omm/ssion meeting on Marc,5 14, 2001, ~ representative of the parcel to the south testified on be.hail of Sutherland Farms and r~uest~d a stub street to the south property The ACHD Commission requked tl~ construction of a ~hared driveway at the south prope.'~, line, but did not require the construction of · stub street to th~ south. In accordance with Distric~ policy, the applicant'should be required to construe: a .~-toot wide concrete sidewalk on Overland Road abutting ~e entire site. Coordinate the location and elevation'of the sidewalk with Dis~ct staff. ~ In accordanc~ wida District policy, tim ~plicant should be required to c~ns~'uct a 5-foot wide concrete sidewalk on Eagle Road ~utling tile entire site. Coordinate the location and elevation of the sidewalk with District staff. .Any proposed landscape ishnds/mediam within the pablic r/ght-of-way dedicated by this plat shoal be owned and mamtemcd by Silver~ton¢ owners. Notes of this should be r~uircd on the final pla~ In order to reduce trips to and ~om this de,mlopmcat k/~ recommended that Tenants occupying the proposed building be required to prey/de an Alternative Transportation Pro,am for employees and provide aa aanual mpor~to ACHD on employ~ participation. Cornmatefi~ie staff will coordinate the Altemaliv¢ Transportation Pro_re'am wifll the applicant. For more information contect Pat Nelson -~t 38%6160. order to reduc~ ~ps to ~nd from thLq development, it is recornme.~ded th,~t ~e mnm~ oc~p~g ~e pmpos~ build~(~) be requ~ m p~clp~e ~ ~y Tr~spo~ficn M~ement . 3 iiv~.cmm .4.ssocia~on (TM_A) or Transportation Management Organization (TMO) that is formed with boundary, tm: includes this site or is adjac~mt to this development, A Transporiation Man.emir Association (T~L4.) or Transporation Man~nenc Organ/zation (TMO) is formed with -, coordinator that works as a liaison bo.~ve.~n businesses and private and public transportation prnviders to increase the use o£altemative transportation and other trip reduciion measures (shuttle buses, bus pass pro_c~ams, vanpools., carpools, bicycle and walking ev. hanc~m~nts), An annual sur~ will he required of the TMAFFMO to monitor participation in alternative transportation pro.ams and forwarded to tt~e ACHD Commutedda Office. Based on development patterns in this area and the resultin~ traffic ~enernt~on~ staff anticipates that the trnnspormtion ~stem will not be .~deqtmte ~o accornmodute ~dditionnl traffic generated by this proposed development at accepted levels Of service ~th out modiflc~tiorm to EaSe Road and Over]and Road, and the intense'ion. Special Recoraraendarion m ~: 1. According to tho submitted traffic sivdy, the proposed development is projec.*ecl to generate an average daily Iraffic (ADT) of 9,~29 vehicles per day (vpd), of which the peak hour traffic (PHT) is 1,021 vohicles per hour (vph). At build out, the project will add 6,317 vehicles per. day to Eagle Road north of the 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 Recoraraendation to City of Meridian: In order to reduce 'a-ips to and from ti~ development it is recommended that tenants eecup.v~g the proposed building be required to provide an Aim-native Transportation Pro_man ~'or employes and provide an annual r~ort to ACHD on empiny~ participation. Commuteride staff'will coordinate tile Alternative Transportation Program with the applicant. For more information contact Ms. Pat Nelson at 387-6160. in order to reduco trips to and :~'om this d~velopmant, tho tenants occupying the proposed huild~$) should be required to participa~ in any. Transportation M.~-~emen~ Assoc~.ation (TMA) cr Transportaion Management Org~tion (TMO) that is formed with ~ boundary that includes ~ site ~r is adjacent to this development. The Overland/Eagle Road and Meridian/Overland Road intersections operate at a Level of Service F (LOS FL and are lisied as one of the 100 most criical inter~ections in Ada Coun .ry. Accass con~rol within tho oper~ag area of the intersection is vital to the safe operations of the intersection. The subject site's edditional ~affic will exac~bate the traffic problems a~theso int~sections. ¸4. Based on deve!opm~nt p~ in this area and the resulting ltaffic gen~ation, staff anticipa:~s that the transportation system will not be adequate to accommodate additional traffic gensra~ed by ltfis proposed development at accepted levels of service with out modifications to EaSe Road and Overland Road, and the i~tersection. The following Site Specific Requ/rements and Standard Requ/rements muse be met or provided for prior to ACHD approval of the firml plat: Site Specific Requirements: Dedicate 54 to 48-f~t ofrl~ht-of-wa.v from the cmterllne of Overlmd Road ~bufling the parcel by mea~s of r¢cordalion cfa ~1 subdivision plat or execution cfa w~ de~d prior to ~mc~ of a bufld~g pt~t (or o~er rlquk~ P~L w~hever occurs ~st..~low up to 30 bu~ss ~ys ~ process ~ d~t~f-way d~ic~fi~ a~er ~cdpt of~ ~st~d ma~H~. ~ o~ ~I be p~d te f~ m~ket valu~ of~ fi~t-of-way dtdic~ed w~ch is a addiion to ~s~ff lC~ dgh~f-way. Dedicate 52 l'o 48-feet ofri.~ht-of-way from the cen~erline of E~!e Road ~u~g ~e p~ce! by m~ of recordation of~ ~ ~bdivision p~t ~ e~ufi~ of~ w~ de~d prior m ~su~e of · bu~d~g pe~ (or o~er mqu~ p~m), ~ever occu~ ~..~low up ~ 30 bu~ess ~vs ~ ~c~ss ~e ~t~f-w~y de~ic~on ~r ~t o~ mque~d mamml. The o~; w~ be ~d ~e f~ m~ket v~ue of~e d~t. of-way d~i~ w~ch is ~ ~ddi~on ~ e~ AC~ ~.of-w~y. The followinff access points on Overland Road are approved with ibis application: · 400-fe~ e~,-~ of E~21e Road (western driveway) · 690-f~t es~ ofE.~!e Ro~i md 265-fee: e~ of western driveway (middle driveway) · !.,0?0-feet ~ of E~!e Road (public strut) The followin~ access poina on E~ie Road are approved with this application: · A m/xdmum of 440-feet sou~h of Ov~rhnd Road and a mi.{mum 440-feet north of the proposed public street · 1,fP0-fe~t south of Overland Road (public str~.t) · At ttm south property line (sh~red south~-n driveway) Comtmct · spine road ti~ou~h the si~ witfi conneclions al Overh.nd Road and E~le Road, located as proposed. Constr~ct the roadway as a 46-foot s~e~t section with curbs, gumrs and sidewalks. If the applicant cons~c~ amch:d sidewalks, iris sidewalk shall be constructed 7- feet wide, md the stre~.t shall be constructed within 64-fe~ ofright-of-w=y. Ii'th~ applicant comlr~,~ dct.~ch~l sid~wal~, th: sidewalk shall be constructed ~-f~t wide, and the sireet shall be ccmstruc,"ed within ?0-f~-et ofri~ht-of-wa.v, p~rklng ~II be restric~d on the proposed and tt~ appli¢~n~ sh~ll submit a si~ plan prior to End plat approval. This ~pplicmt should eni~r into a written ~_~'eement with the District for tbs ¢on~tructiom ~ning and funding of the two pmposefl trldIic ~igs~is: one on Overland Road located atthe qu~'~er- mile, ~ one on Es~le Road at approximately the h~f-mile. i0. 11. 12. 12. la.. I& 17. Tra~c si§halS c.~aot be ins~l~d at these intersections until ~here is s wsrrmt. The appiicant's tr~c en.~dne~ should work with ACHD Traffic Serv/ces s~ffto dam:rhine when the w~'rant is met, or is close to beinff met. The deveioper shall be financially responsible for the cos~ of one- half of the signal. If the properties a;ross f'om this subdivision have not been developed prior m the signal wan-au~, the applicant of this site shall fund 100% of the cos~ of the si~ls. At ~e time that those properties across the street develop, a road trust will be acquired and tkis applicant shall he reimbursed for one hal~ of the cost of the si.a~L Construct cenler mm ]anna on Overland Road and E~§le Road for the proposed pub[]c street intersections and for full access drivewa.vs. Thc applicant shall coordinae the intersection designs with Dis~ict Tragic S~rvicas Driveways on t~e proposed spine road sh~ll be locaed a mi~mum disgrace of 17~-~'eet ~'om Eagle Road and Overland Ro~d, and shall align or off.set a ~i~;,num of 12~-f~.t i'om any proposed driveways. The applicant is proposin~ to construct a large island in the middle of~he spree road, wkh driveways on both sides. The applicant shall: conslruct the isl0nd as a true roundabout; el;mi~lato th~ driveways; or eliminate the i~land. Stub Titanium W'ay to the east proper~y line beP,veen Lot $ ~ad Lot 6, Block 1. Construct T~um Way as a 40.foot street sec~on with ~rb~ gu~s md ~Joo~ ~de con,em sidew~s wi~ ~-f~ of fi~t~f-w~v, ~ a s~d m~ou~ ~t ~e sou~ ~d. ~ovide a paved ~mpor~ m~o~d ~t~ ~ ~d of~e ~b ~ a mmpor~ e~menr pro~ded m ~e D~ct ~e ~pplic~t s~uld be mqu~ to ~mll a ~ a~ ~ ~us of~e road~vay · s~ "~S RO~ ~LL B~ ~X~ED ~ T~ ~". Coo~te ~e si~ pl~ for UtiliW strut cuts in pavement less ~ live years old ~e not allowed uxfiess approved in writin~ by ~ District. Contact Construction Services at 387-5280 (with rile. numbers) for deails. Irrigalion facilities ~h~i! be relocated out~kle oftha new rio~ht-of-way on Overland Road and Road. All utility relocation costs assodamd with improving street f-ontages abut~g the site shall b~ borne by ~ha developer. Construct a 5-foot wide ~oncrete sidcw~ik on Ov~rland Road abutting the ~tire site. Coordlna~ tt~ location and et~valion or'be side,~,ulk vdth DisWl;t staff. Construct a ~-foot wide concre~ s/dewalk on E~le Road abutting the entir~ site. Coordinate the location ~nd elevation oflha sidewalk with District staff.. 'Any proposed landscape isiandffmedians wii~i~ the public right-of-way dedic~md by lkis plat shall owned and m~intained by Silverstone owners. Notes of this shall be required on ~e final plat. ~ilverimn~.~sru'n 18. Other ~ the access points specifi~lly ~pprovad with this application, direct lot or parcei access to Overland Road and t".agie Road is prohibited. Lot access restrictions, as requir~ with ~s application, shall be stared on Re ffrnI plat. standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined h~',ein shall be made in writing lo the ACHD Planning and Development Supervisor. The reeues~ shall s~ecific~llv identify each reouirement to be reconsidered ~nd inctude a written exvianation of why such a requirement would result in a substantial hardshi~ or inequity. The va-itten reauest ~hall be submitted to the District no larsr trim 9:00 a.m. on the day schedut~ for ACHD Commission action. Those items shall be reschedaled for discussion with the Commission o~ the ne,'~ ~vafl~le m~g agenda. Requests submit~ad to tim Dis'a'icI ~ 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission re~arding the requested modification, variance or waiver. Those items will he acted on by. the Commission unless removed from the agenda by the Commission. A.frer.!Cl-ID Commission a~tion, any request for reconsideration ofli-~ Commission's action droll be made in wriling~ to the pl,,~-~, and Development Supervisor wi~M, six days of the aclion and shall include a minimum fe~ orS110.00. The renuest for reconsideration shall svecificallv idc'utifv each reouirement to be reconslder~d and include ~vrltten documentation of dat~ that was not available to tile C~mmlsslon at ~h¢ time of irs original decision. The r~quest for reconsideration will be he~i by the Distric~ Commission at the nam re~lar meeting of the Commission. Iflhe Commission ag.e~ to r~consider the action, the applicant will be uo~ified of the date and time &the Commission m~ting st which the reconsiderarlon will be heard. P~yment of applicable road impel fees are required prior to buildin~ construc:ion in accordance with Ordinanc~ #193, also known as ,Ma County Hi§hway District Road Impact F~ Ordinanc=. All design and construction shall be in ~ccordance with tim Ada County. Hi~w~.v District Policy Manual, ISPWC Standards and appro~d supplements, Construction Se,wicks procedures and all applicable ACHD Ordinance~ ualess specifically waived herein. An engi~e~ mgister=i in the State of'idaho shall prepare and cartS_fy ail improvement plans. The applicant shall submit sevi~ad plans for staff approval, prior to issuance of building permit (or other required permits), wh/ch ~ncorporsres any required design change. Conslru~on, use ~nd properS, developme~ shall be in conformance wi~h oil applicable requirements of the Ada Gounty Hi~v~ay Dirtr/cr prior to District approval for occupancy. Iris the respomibiliW, of the applicant to verity all existing ulilitie~ wi~ia ae rift-of-way. Existing utilizes d~rna~ed by the applicant shall be r~pairad by ~he applicant ar no cost to ACHD. Tim applicant shall he requir~-d to call DIOLINE (1-g00-342-1585) at Ieasr l'wo tull business days prior to bre~ddn§ ground within ACHD right-of-way. The applicant shall contact ~eilv~--,-a~n~cmm Page_ I1 ACHD Tr,mc Operations 387-6190 in the event any ACh-I) conduits (spare or filled) are compromised during any phase of construction. No change in the terms and conditions of~is approval shall be valid unless they are in ,,wiring and si~ed by the applicant or the applicant's anihorized representative and an authorized representative of tlm Ada CounLy Highway District. The burden shall be upon the applicant to obtain writien confi, rn~fi~n of any chang~e from tt~ Ada County. Highway District. .any change by tile applicant in the planned use of the property, which is the subject of this application, shall require the applicant t~ comply with all rules,, regulations, ordinances, plans, or other regulatory, and legal r~rictions in force at the time the applicant or its successors in interest advises thc Highway Diztrict of its intent to change the planned use of thc subject property, unless a waiver/variance of said requlmmgnts or other legal relie£is granted pursuant to the law in effect at the i~ne the change inuse is sought. Conclmion of Law: ACI-ID requirements am intended to assure that ~fie proposed us~development will not place an undue burden on the existing vehicular and pedestrian ~ansponation system wititin ~ vic/nits'. impacted by the proposed development. 5houId you have any questions or comments, please contact the Planning and Development Division at 387-6170. S ubmitt~ by: Co ission Action: Planulns and I)~;elo~ment Staff March 14. 2001 -~ilve~tnne.~mn Pa~e 12 EXHIBIT C SILVERSTONE CORPORATE CENTER PERMITTED, CONDITIONAL AND PROHIBITED USES Uses will be governed by Meridian City Ordinance 11-8-1, 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 Parks and Plazas Personal Service: Barber Shop; Massage Parlor; Beauty Salon Pharmacy Photography Studio Post-Secondary-Education Facilities Priming, Lithography, Publishing and Associated Reproduction, exclusive of Paper Manufacturing Public and Quasi-Public Uses Public Service Facilities R~adio 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 (exduding 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 I(2tchens 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