Silverstone Business Campus AZ 03-016
PARTIES:
1.
2.
3.
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 10/30103 11:06 AM
DEPUTY Bonnie Oberbillig
RECORDED - REQUEST OF
Meridian City
AMOUNT ,00
52
1111111111111111111111111111111111111
103184140
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DEVELOPMENT AGREEMENT
City of Meridian
Ada County Highway District, Owner
Sundance Investments Limited Partnership or assigns,
OwnerlDeveloper
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made
and entered into this 2.. rid- day of OC-1D~ , 2003, by and between CITY
OF MERIDIAN, a municipal corporation of the State ofldaho, hereafter called "CITY",
and ADA COUNTY HIGHWAY DISTRICT, hereinafter called "OWNER", whose
address is 318 E. 37th Street, Garden City, Idaho 83714-6418, and SUNDANCE
INVESTMENTS LIMITED PARTNERSHIP OR ASSIGNS, hereinafter called
"OWNERIDEVELOPER", whose address is 9100 West Blackeagle Drive, Boise, Idaho
83709.
1.
RECITALS:
1.1
WHEREAS, "OWNER" and "Owner"/Developer" are the sole
owners, in law and/or equity, of certain tract of land in the County
of Ada, State ofldaho, described in Exhibit A, which is attached
hereto and by this reference incorporated herein as if set forth in
full, herein after referred to as the "Property"; and
1.2
WHEREAS,1.C. §67-651IA, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the "Owner" or "OWNERIDeveloper" make a written
commitment concerning the use or development of the subject
"Property"; and
1.3
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and I 1-16.4 A, which authorizes
development agreements upon the annexation and/or re.zoning of
land; and
1.4
WHEREAS, "Owner" and "OwnerlDeveloper" have submitted an
application for anoexation and zoning of the "Property's"
DEVELOPMENT AGREEMENT (AZ-03.016)
PAGE I OF29
1.9
1.10
described in Exhibit A, and has requested a designation of (C-G)
General Retail And Service Commercial District, (Municipal Code
of the City of Meridian); and
1.5
WHEREAS, "Owner" and "Owner/Developer" made
representations at the public hearings both before the Meridian
Planoing & 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
anoexation and zoning designation of the subject "Property" held
before the Planning & Zoning Commission, and subsequently
before the City Council, include responses of government
subdivisions providing services within the City of Meridian
planoing jurisdiction, and received further testimony and comment;
and
WHEREAS, City Council, the 2.~ rei day of . ge(>f&m~
2003, has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which are
attached hereto and by this reference incorporated herein as if set
forth in full, hereinafter referred to as (the "Findings"); and
1.7
1.8
WHEREAS, the "Findings" require the "Owner" and
"Owner/Developer" enter into a development agreement before the
City Council takes final action on annexation and zoning
designation; and
"OWNER" and "OWNERIDEVELOPER" deem it to be in their
best interest to be able to enter into this Agreement and
acknowledges that this Agreement was entered into voluntarily and
at its urging and requests; and
WHEREAS, "City" requires the "Owner" and "Owner/Developer"
to enter into a development agreement for the purpose of ensuring
that the "Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions of this
development agreement, herein being established as a result of
evidence received by the "City" in the proceedings for anoexation
DEVELOPMENT AGREEMENT (AZ.03.016)
PAGE 2 OF 29
and zoning designation from government subdivisions providing
services within the planoingjurisdiction and from affected property
owners and to ensure annexation and zoning designation is in
accordance with the Comprehensive Plan of the City of Meridian
adopted August 6, 2002, Resolution No. 02.382, and the Zoning
and Development Ordinances codified in Meridian City Code Title
11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as
herein provided for, unless the clear context of the presentation of the same requires
otherwise:
3.3
3.4
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 ofIdaho, organized and existing by virtue
()flaw of the State ofIdaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
3.2
"OWNER": means and refers to Ada County Highway District,
whose address is 318 E. 37111 Street, Garden City, Idaho 83714.
6418, the party developing said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
"OWNERIDEVELOPER": means and refers to Sundance
Investments Limited Partnership or assigns, whose address is 9100
West Blackeagle Drive, Boise, Idaho 83709, the party developing
said "Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit "A", attached hereto and by this reference
incorporated herein as if set forth at length.
DEVELOPMENT AGREEMENT (AZ.03.0 16)
PAGE 3 OF 29
4.
4.2
4.3
USES PERMITTED BY THIS AGREEMENT:
4.1
The uses allowed pursuant to this Agreement include those uses
allowed under "City's" Zoning Ordinance codified at Meridian
City Code Section 11-7-2 CK) at the time of execution of this
Agreement, and such further uses as may be allowed and any
revisions thereto. Uses will be governed by the Planoed
Development application approved for Silverstone Business
Campus. See File CUP-03-044 for a list of all approved uses.
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
Latecomer Fee; "Owner" and "Owner/Developer" shall be entitled
to receive Latecomer Fees based on an agreement to be negotiated
between "Owner" and "Owner/Developer" and "City".
5. DEVELOPMENT IN CONDITIONAL USE: "Owner" and
"OwnerlDeveloper" are required to submit to "City" an application for conditional use
permit, and shall be required to obtain the "City's" approval thereof, in accordance to the
City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a
condition of, the commencement of construction of any buildings or improvements on the
"Property".
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.A
"Owner" and "OwnerlDeveloper" shall develop the "Property" in
accordance with the following special conditions:
A.
Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows;
I. Before the City approves any of the proposed uses that are not permitted in the CoG zone,
the Applicant shall submit a Planoed Development application and receive approval for
all such uses.
2. This Development Agreement shall be generally consistent with and utilize the same
format as the recorded DA for Silverstone Corporate Center. The DA shall require that
all uses, development standards and standards within the subdivision be defined through
DEVELOPMENT AGREEMENT (AZ-O3.016)
PAGE 4 OF 29
2.
3.
a Planoed Development application for the subject property. The list of uses shown in
Exhibit C of the Silverstone Business Campus annexation application is not approved
and shall be amended through a separate Planoed Development application.
B.
Adopt the Recommendations of the ACHD as follows:
Site Soecific Conditions of Aooroval
1.
The Board of Commissioners authorizes the expenditure of available collected
impact fees, or other District funds, if available, for the purchase of right-of-way
dedicated by the applicant, with the applicant constructing a sidewalk as described
below. However, if funds canoot be secured, the applicant shall do one of the
following:
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the
applicant's specific development project) an additional 23-feet of right-of-
way along Overland Road, and construct a minimum 5-foot wide concrete
sidewalk along Overland Road, located a minimum of 41-feet from the
centerline of the right-of-way.
b. Do not dedicate additional right-of-way, but construct aminiroum 5-foot wide
concrete sidewalk along Overland Road, located a minimum of 41- feet from
the centerline of the right-of-way, in an easement provided to the District.
c. Provide a road trust deposit in the amount of$26,660.00 to be used for future
sidewalk construction along the applicant's property.
Construct a commercial roadway that intersects Overland Road approxiroately
400.feet east of Silverstone Way to align with Jade Avenue, as proposed.
Construct a commercial roadway that intersects Overland Road approximately
1,1 50-feet east of Silverstone Way to align with Topaz Avenue, as proposed.
*****The applicant has proposed to construct the internal roadways as
commercial roadways. The proposed street section will accommodate for
vehicular traffic that is anticipated to be generated by this site. It appears that the
City's comprehensive plan wishes to have bike lanes at/near the half-mile. The
commercial street section that is proposed will not accommodate for bike lanes.
DEVELOPMENT AGREEMENT (AZ.03-016)
PAGE 5 OF 29
9.
10.
If the City requires the applicant to construct the roadway as a collector, the City
should require the roadways to be constructed as 46-foot street section within 70.
feet of right-of-way. This would allow for 3-traffic lanes with curb, gutter, bike
lanes and a detached 5-foot sidewalk.
4.
Construct the internal roadways as 40-foot street sections with curb, gutter and 5-
foot concrete sidewalk within 54-feet of right-of-way, as proposed.
5.
Extend an existing stub street (Copper Point Way) from the west property line
approximately 160-feet north of the south property line, as proposed.
Extend Copper Point Way as a stub street to the east property line approximately
305-feet north of the south property line, as proposed. Install a sign at the
terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
6.
7.
Extend Knapp Avenue from the south property line.
8.
[[the applicant would like a third access point to Overland Road, construct a 35-
foot wide shared driveway that intersects Overland Road approximately 600-feet
west of the east property line and aligns with the existing driveway at 3820
Overland Road.
If the applicant develops before the Overland Road project, construct a center turn
lane for ALL of the approved access points that intersect Overland Road. Provide
a minimum of 100-feet of storage with shadow tapers for both the approach and
departure directions. Coordinate the design of the turn lane with District staff.
Dedicate sufficient right.of-way to accommodate for the turn lanes that have been
identified by the traffic impact study.
Construct right-turn lanes for ALL of the approved access points that intersect
Overland Road, as they become warranted. Coordinate the design of the taper
with District staff. Dedicate sufficient right-of-way to accommodate for the turn
lanes that have been identified by the traffic impact study.
**The applicant is required to provide a financial surety for the construction of the
right turn lanes on Overland Road. Once the turn lanes have been constructed or
the District has entered into a contract for the construction of this segment of
Overland Road, the financial surety will be released.
DEVELOPMENT AGREEMENT (AZ-03-016)
PAGE 6 OF 29
16.
17.
18.
1.
2.
11.
Identify and complete the proposed wetlands mitigation that was proposed as a
part of the Silverstone Corporate Center Subdivision in accordance with the
wetlands mitigation permit that was issued by the United States Army Corps of
Engineers. '
12.
Provide the District with a parcel that is equal to and greater in value and size than
the previous parcel.
13.
Provide the District with drainage calculations and drawings showing that the
newly proposed pond will have a capacity that is equal to or greater in storage area
than the previous parcel and will function at a level that is equal to or greater than
what the District had originally designed.
14.
Install an adequately sized drainage pipe that will extend from the proposed
drainage pond to Overland Road through the Topaz Avenue right-of-way.
15.
Provide the District with sufficient access to the site by providing the District by
providing public road frontage and a permanent easement through the adjoining
parking lot for additional access to the pond.
If the applicant chooses to landscape the drainage pond, the applicant shall obtain
a license agreement for all landscaping that is proposed within the District's right-
of-way, drainage pond or easement. The applicant is required to have all
landscape and sprinkler plans reviewed and approved by the ACHD Drainage
Division.
Other than the access points that have specifically been approved with this
application, direct lot or parcel access to Overland Road is prohibited. Notes of
this are required to be placed on the final plat.
Comply with all Standard Conditions of Approval.
ACHD Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right.of-way.
All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
DEVELOPMENT AGREEMENT (AZ-03-016)
PAGE 7 OF 29
9.
10.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5.
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
6. .
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7.
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8.
Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #197, also known as Ada County Highway District
Road Impact Fee Ordinance.
It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800.342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
DEVELOPMENT AGREEMENT (AZ-03-0 16)
PAGE 8 OF 29
11.
Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the, Highway District of
its intent to change the planoed use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
C.
Adopt the Recommendations of the Meridian Fire Department as follows:
1. That afire-flow consistent with Appendix ill-A of the Uniform Fire Code be provided
to service the entire project. Fire hydrants shall be placed an average of 400' apart.
1997 UFC Appendix ill-A
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department
tbru the Public Works Department.
5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads.
6. All fire lanes shall have an unobstructed width of 20'. UFC 902.2.1
D. Adopt the action of the City Council taken at their September 2, 2003 meeting as
follows:
I. For clarification:
a. The applicant stated at the September 2, 2003 meeting that the drainage lot
may not be as shown on the present plat that has already been submitted. The
applicant shall be allowed flexibility on the actual size of the retention area
only until the final engineering of the project is complete.
b. The applicant shall be allowed to work with ACHD to address the access
points, the issues along Overland Road, the curb cuts and street
improvements, and safety issues along Overland Road.
DEVELOPMENT AGREEMENT (AZ.03-016)
PAGE 9 OF 29
3.
4.
c. Pertaining to the any ACHD comments which are incorporated above, if
ACHD modifies their report, then the applicant shall be required to comply
with the modified requirements of ACHD.
d. Per a letter submitted by Trevor C. Roberts dated August 29, 2003, he
clarifies that the southeast corner of the parcel that a portion of the land will
be used for a future roadway to be connected to a bridge crossing the
Ridenbaugh Canal, and such shall be shown on the Plat.
PRELIMINARY PLAT CONDITIONS:
A. Adopt the Recommendations of the Planoing and Zoning and Engineering staff as
follows:
1.
Sanitary sewer service to this site will be from an extension of the Five Mile Trunk.
The applicant will be responsible to construct lateral sewer mains, as well as
extending the Five Mile Trunk, to and through this proposed development.
Subdivision designer to coordinate main sizing and routing with the Public Works
Department. Sewer mains will not be allowed within landscape areas, beneath
landscape islands, and manholes will not be allowed in parking and loading areas.
The applicant shall be subject to latecomers' fees. Payment of the latecomer's fee for
each phase is required prior to signature on the final plat map of each phase by the
City Engineer.
2.
Water service to this site will be from an extension of existing water mains in
Overland and E. Copper Point Street. The applicant will be responsible to construct
water mains to and through this proposed development. Subdivision designer to
coordinate main sizing and routing with the Public Works Department. Theapplicant
shall be subject to applicable water main latecomers' fees. Payment of the
latecomer's fee for each phase is required prior to signature on the final plat map of
each phase by the City Engineer.
The sidewalks shall be detached along Overland Road and a minimum 5-foot-wide
landscaped parkway shall be installed between the edge of pavement and sidewalk in
accordance withMCC 12-13. A5-foot-wide sidewalk shall also be required along all
public streets on the interior of the subdivision.
In accordance with Finding A, construct a new commercial stub street on the east
side of Lot 9, Block 4 that will be in alignment with the stub street approved with
DEVELOPMENT AGREEMENT (AZ-03-016)
PAGE 10 OF 29
11.
Sutherland Farm Subdivision. Said stub street shall be constructed in compliance
with ACHD width and design standards.
5.
A permanent pedestrian easement, in favor of the CityofMeridian, shall be recorded
adjacent to the south side of the Eight Mile Drain. The easement shall be sufficient
width to cover the 10-wide pathway shown. Buildings are precluded from
constructing within this easement. The 10-foot wide hard surfaced pathway shall be
constructed and fully improved prior to the issuance of the first Certificate of
Occupancy for any building within the subdivision. Additionally, a note shall be
added to the face of the final plat indicating the City of Meridian is responsible for
the maintenance of the pathway surface located within the easement. The note shall
also indicate who will be responsible for landscaping maintenance within the
easement.
6.
All perimeter lots along E. Overland Road are subject to a minimum 35-foot wide
landscape easement. This street buffer shall be designed in accordance with MCC 12.
13-10. The Silverstone Business Association shall maintain said easement and all
common area lots within the subdivision.
7.
The preliminary landscape plan (Sheet L-1, dated 5/16/03 by The Land Group) is
approved with the exception of the proposed signage on Overland Road. All signage
for the subdivision must be approved through a separate Planoed Sign Program
application. No signage is permitted until said application is submitted and approved
by the Planning & Zoning Department.
8.
Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees that
were removed. Required landscaping trees will not be considered as replacement
trees for those trees that have to be removed.
9.
Landscaping within Lot 7, Block 2, the ACHD common/drainage lot, shall be
designed in acwrdance with MCC 12-13-14, unless otherwise approved by the
Planoing & Zoning Department.
10.
A detailed landscape plan, in compliance with MCC 12.13, shall be submitted with
the fmal plat application.
A detailed fencing plan shall be submitted upon application of the final plat. Any
fencing adjacent to the Eight Mile Drain shall be open vision and non. combustible,
unless the City otherwise agrees in writing.
DEVELOPMENT AGREEMENT (AZ-03-0l6)
PAGE 11 OF29
4.
5.
6.
12.
The wetlands area adjacent to the west boundary shall be maintained in accordance
with all U.S. Corps of Engineers and other agency requirements. Evidence of full
compliance WÍ\:11 wetland mitigation shall be submitted to the City prior to signature
of the final plat.
13.
Applicant has not indicated who will own and maintain the pressurized irrigation
system within this development. The applicant shall be required to provide a backup
source to the pressurized irrigation system. The Public Works Department as part of
the development plan-review process shall review plans and specifications for the
irrigation system. A draft copy of the pressurized irrigation system O&M manual
must be submitted prior to plan approval.
PRELIMINARY PLAT GENERAL REOUIREMENTS
1.
Submit letter from the Ada County Street Name Committee, approving the
subdivision and street names. Make any corrections necessary to conform.
2.
Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
3.
Assessment fees for water and sewer service are determined during the building plan
review process.
Two-hundred-fifty-watt, high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All streetlights shall be
installed at subdivider's expense. Typical locations are at street intersections and/or
fire hydrants.
Underground, year-round pressurized irrigation must be provided to all landscape
areas on site. Please submit hook-up and design details based on the proposed
landscaping. Due to the size oflandscaped area, primary water supply conoection to
the City's mains will not be allowed. Applicant shall be required to utilize any
existing surface or well water for the primary source. If City water is proposed as a
secondary source, developer shall be responsible to pay water assessments for the
entire common open area.
All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled
per City Ordinance 12-4-13. The ditches to be piped should be shown on the site
DEVELOPMENT AGREEMENT (AZ-O3-0 16)
PAGE 120F29
B.
1.
plans. Plans will need to be approved by the appropriate irrigation/drainage district,
or lateral users association, with written confirmation of said approval submitted to
the Public Works Department.
7.
Show all existing and proposed easements for irrigation/drainage facilities located
within the boundaries of this proposed development (i.e., Eight Mile Drain
easement).
8.
Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8.
Wells may be used for non-domestic purposes such as landscape irrigation.
9.
Provide five-foot-wide sidewalks throughout development in accordance with City
Ordinance.
10.
All construction shall conform to the requirements of the Americans with Disabilities
Act.
Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
The Board of Commissioners authorizes the expenditure of available collected
impact fees, or other District funds, if available, for the purchase of right-of-way
dedicated by the applicant, with the applicant constructing a sidewalk as described
below. However, iffunds canoot be secured, the applicant shall do one of the
following:
a. Dedicate by donation (or through a development offset agreement whereby
the applicant is reimbursed from impact fees to be collected solely from the
applicant's specific development project) an additional 23-feet of right-of.
way along Overland Road, and construct a minimum 5-foot wide concrete
sidewalk along Overland Road, located a minimum of 41-feet from the
centerline of the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Overland Road, located a minimum of 41 .feet from
the centerline of the right.of.way, in an easement provided to the District.
DEVELOPMENT AGREEMENT (AZ-03-016)
PAGE 13 OF 29
7.
8.
9.
c. Provide a road trust deposit in the amount of$26,660.00 to be used for future
sidewalk construction along the applicant's property.
2.
Construct a commercial roadway that intersects Overland Road approximately
400-feet east of Silverstone Way to align with Jade A venue, as proposed.
3.
Construct a commercial roadway that intersects Overland Road approxiroately
1, I 50-feet east of Silverstone Way to align with Topaz Avenue, as proposed.
*****The applicant has proposed to construct the internal roadways as
commercial roadways. The proposed street section will accommodate for
vehicular traffic that is anticipated to be generated by this site. It appears that the
City's comprehensive plan wishes to have bike lanes at/near the half-mile. The
commercial street section that is proposed will not accommodate for bike lanes.
If the City requires the applicant to construct the roadway as a collector, the City
should require the roadways to be constructed as 46-foot street section within 70-
feet of right-of-way. This would allow for 3-traffic lanes with curb, gutter, bike
lanes and a detached 5-foot sidewalk.
4.
Construct the internal roadways as 40-foot street sections with curb, gutter and 5.
foot concrete sidewalk within 54-feet of right-of-way, as proposed.
5.
Extend an existing stub street (Copper Point Way) from the west property line
approximately 160-feet north of the south property line, as proposed.
6.
Extend Copper Point Way as a stub street to the east property line approximately
305-feet north of the south property line, as proposed. Install a sign at the
terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
Extend Knapp Avenue from the south property line.
lfthe applicant would like a third access point to Overland Road, construct a 35.
foot wide shared driveway that intersects Overland Road approximately 600-feet
west of the east property line and aligns with the existing driveway at 3820
Overland Road.
If the applicant develops before the Overland Road project, construct a center turn
lane for ALL of the approved access points that intersect Overland Road. Provide
DEVELOPMENT AGREEMENT (AZ-03-016)
PAGE 14 OF 29
15.
16.
a minimum of 100-feet of storage with shadow tapers for both the approach and
departure directions. Coordinate the design of the turn lane with District staff.
Dedicate sufficient right-of-way to accommodate for the turn lanes that have been
identified by the traffic impact study.
10.
Construct right-turn lanes for ALL of the approved access points that intersect
Overland Road, as they become warranted. Coordinate the design ofthe taper
with District staff. Dedicate sufficient right-of-way to accommodate for the turn
lanes that have been identified by the traffic impact study.
**The applicant is required to provide a financial surety for the construction of the
right turn lanes on Overland Road. Once the turn lanes have been constructed or
the District has entered into a contract for the construction of this segment of
Overland Road, the financial surety will be released.
11.
Identify and complete the proposed wetlands mitigation that was proposed as a
part of the Silverstone Corporate Center Subdivision in accordance with the
wetlands mitigation permit that was issued by the United States Army Corps of
Engineers.
12.
Provide the District with a parcel that is equal to and greater in value and size than
the previous parcel.
13.
Provide the District with drainage calculations and drawings showing that the
newly proposed pond will have a capacity that is equal to or greater in storage area
than the previøus parcel and will function at a level that is equal to or greater than
what the District had originally designed.
14.
Install an adequately sized drainage pipe that will extend from the proposed
drainage pond to Overland Road through the Topaz Avenue right-of.way.
Provide the District with sufficient access to the site by providing the District by
providing public road frontage and a permanent easement through the adjoining
parking lot for additional access to the pond.
If the applicant chooses to landscape the drainage pond, the applicant shall obtain
a license agreement for all landscaping that is proposed within the District's right-
of-way, drainage pond or easement. The applicant is required to have all
landscape and sprinkler plans reviewed and approved by the ACHD Drainage
Division.
DEVELOPMENT AGREEMENT (AZ-03-0 16)
PAGE 15 OF 29
6.
7.
8.
17.
Other than the access points that have specifically been approved with this
application, direct lot or parcel access to Overland Road is prohibited. Notes of
this are required to be placed on the final plat.
18.
Comply with all Standard Conditions of Approval.
ACHD Standard Conditions of ADDroval
1.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2.
All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5.
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance # 197, also known as Ada County Highway District
Road Impact Fee Ordinance.
DEVELOPMENT AGREEMENT (AZ.03.016)
PAGE 160F29
C.
1.
2.
3.
4.
5.
9.
It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by th.i' applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387.
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10.
No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11.
Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
Adopt the Meridian Fire Department Recommendations as follows:
That a fIre-flow consistent with Appendix III-A of the Uniform Fire Code be
provided to service the entire project. Fire hydrants shall be placed an average of
400' apart. 1997 UFC Appendix III-A
Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
Final approval of the fire hydrant locations shall be by the Meridian Fire Department
thru the Public Works Department.
All radii shall be 28' inside and 48' outside radius for all entrances and internal roads.
DEVELOPMENT AGREEMENT (AZ.03.0l6)
PAGE 17 OF 29
6.
All fire lanes shall have an unobstructed width of20'. UFC 902.2.1
D.
Adopt the Recommendation ofNampa & Meridian Irrigation District as follows:
1.
Applicant shall apply for a land use change/site application.
E. Adopt the Recommendations of the Central District Health Department as
follows:
I. This proposal can be approved for central sewage & central water after
written approval ITom appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted
to and approveri by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3.
Run.off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to
the subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater disposal
and design a stormwater management system that prevents groundwater and
surface water degradation.
F. Adopt the action of the City Council taken at their September 2, 2003 meeting as
follows:
1. For clarification:
a. The applicant stated at the September 2, 2003 meeting that the drainage lot
may not be as shown on the present plat that has already been submitted. The
applicant shall be allowed flexibility on the actual size of the retention area only
until the fmal engineering of the project is complete.
b. The applicant shall be allowed to work with ACHD to address the access
points, the issues along Overland Road, the curb cuts and street improvements,
and safety issues along Overland Road.
DEVELOPMENT AGREEMENT (AZ-03.016)
PAGE 18 OF 29
c. Pertaining to the any ACHD comments which are incorporated above, if
ACHD modifies their report, then the applicant shall be required to comply with
the modified requirements of ACHD.
d. Per a letter submitted by Trevor C. Roberts dated August 29, 2003, he clarifies
that the southeast corner of the parcel that a portion of the land will be used for a
future roadway to be conoected to a bridge crossing the Ridenbaugh Canal, and
such shall be shown on the Plat.
7. COMPLIANCE PERIOD! CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
reversed, upon a default of the "Owner" and "Owner/Developer" or "Owner" and
"OwnerlDeveloper's" heirs, successors, assigns, to comply with Section 6 entitled
"Conditions Governing Development" of subject "Property" of this agreement within two
years of the date this Agreement is effective, and after the "City" has complied with the
notice and hearing procedures as outlined in I.C. §67-6509, or any subsequent
amendments or recodifications thereof.
8. CON~ENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNA nON:
"Owner" and "Owner/Developer" consents upon default to the de.
annexation and/or a reversal of the zoning designation of the "Property" subject to and
conditioned upon the following conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to comply
with this Agreement to "Owner" and "OwnerlDeveloper" and if the
"Owner" and "OwnerlDeveloper" fail to cure such failure within
six (6) months of such notice.
9. INSPECTION: "Owner" and "Owner/Developer" shall, immediately upon
completion of any portion or the entirety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notify the City Engineer and
request the City Engineer's inspections and written approval of such completed
improvements or portion thereof in accordance with the terms and conditions of this
Development Agreement and all other ordinances of the "City" that apply to said
Development.
DEVELOPMENT AGREEMENT (AZ.O3-0 16)
PAGE 19 OF 29
10.
DEFAULT:
10.1
In the event "Owner" and "OwnerlDeveloper", "Owner" and
"Owner/Developer's" heirs, successors, assigns, or subsequent
owners of the "Property" or any other person acquiring an interest
in the "Property", fail to faithfully comply with all of the terms and
conditions included in this Agreement in conoection with the
"Property", the "City" shall provide written notice of any failure to
comply to "Owner" and "Owner/Developer". In the event that
"Owner" and "OwnerlDeveloper" fail to cure such default within
thirty (30) days of such notice, or in the event that such default
canoot 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 "City" of any default by "Developer" of any
one or more of the covenants or conditions hereof shall be
in writing and shall apply solely to the breach and breaches
waived and shall not bar any other rights or remedies of
DEVELOPMENT AGREEMENT (AZ-03.016)
PAGE 20 OF 29
"City" or apply to any subsequent breach of any such or
other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owner" and "OwnerlDeveloper's" cost, and submit proof of such recording to "Owner"
and "Owner/Developer", prior to the third reading of the Meridian Zoning Ordinance in
conoection with the anoexation 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.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Owner" and "OwnerlDeveloper", or by any
successor or successors in title or by the assigns of the parties hereto. Enforcement may
be sought by an appropriate action at law or in equity to secure the specific performance
of the covenants, agreements, conditions, and obligations contained herein.
13.1
13.2
In the event of a material breach of this Agreement, the parties
agree that "City" and "Owner" and "OwnerlDeveloper" 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 canoot with diligence be cured within such thirty
(30) day period, if the defaulting party shall commence to cure the
same within such thirty (30) day period and thereafter shall
prosecute the curing of same with diligence and continuity, then
the time allowed to cure such failure may be extended for such
period as may be necessary to complete the curing of the same with
diligence and continuity.
In the event the performance of any covenant to be performed
hereunder by either "Owner" and "Owner/Developer" or "City" is
delayed for causes which are beyond the reasonable control of the
party responsible for such performance, which shall include,
without limitation, acts of civil disobedience, strikes or similar
DEVELOPMENT AGREEMENT{AZ-03.016)
PAGE210F29
causes, the time for such performance shall be extended by the
amount of time of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under MeridlJ..l City Code §12-5-3, to insure that installation of the
improvements, which the "Owner" and "OwnerlDeveloper" agrees to provide, if required
by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner" and
"OwnerlDeveloper" agrees that no Certificates of Occupancy will be issued until all
improvements are completed, unless the "City" and "Owner" and "OwnerlDeveloper"
have entered into an addendum agreement stating when the improvements will be
completed in a phased developed; and in any event, no Certificates of Occupancy shall be
issued in any phase in which the improvements have not been installed, completed, and
accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and
"OwnerlDeveloper" agrees to abide by all ordinances of the City of Meridian and the
"Property" shall be subject to de-anoexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, this Development Agreement, and the Ordinances of the City of
Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
CITY:
OWNERIDEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Sundance Investments Partnership
or assigns
9100 West Blackeagle Drive
Boise, Idaho 83709
with copy to:
OWNER:
DEVELOPMENT AGREEMENT (AZ.03-016)
PAGE 22 OF 29
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Ada County Highway District
318 E. 37th Street
Garden City, Idaho 83714-6418
17.1
A party shall have the right to change its address by delivering to
the other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable attorney's
fees as determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of and a default under this Agreement by the other
party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding
upon and inure to the benefit of the parties' respective heirs, successors, assigns and
personal representatives, including "City's" corporate authorities and their successors in
office. This Agreement shall be binding on the owner of the "Property", each subsequent
owner and any other person acquiring an interest in the "Property". Nothing herein shall
in any way prevent sale or alienation of the "Property", or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any successor owner or
owners shall be both benefitted and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "Owner" and "OwnerlDeveloper", to
execute appropriate and recordable evidence of termination of this Agreement if "City",
in its sole and reasonable discretion, had determined that "Owner" and
"OwnerlDeveloper" has fully performed its obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
from this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
DEVELOPMENT AGREEMENT (AZ-O3.016)
PAGE 23 OF 29
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner" and
"OwnerlDeveloper" and "City" relative to the subject matter hereof, and there are no
promises, agreements, conditions or understanding, either oral or written, express or
implied, between "Owner" and "OwnerlDeveloper" and "City", other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this Agreement shall be binding upon the parties hereto unless
reduced to writing and signed by them or their successors in interest or their assigns, and
pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City".
22.1
No condition governing the uses and/or conditions governing
development of the subject "Property" herein provided for can be
modified or amended without the approval of the City Council
after the "City" has conducted public hearing(s) in accordance with
the notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in conoection with the annexation and zoning of the
"property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ.03-016)
PAGE 24 OF 29
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
SUNDANCE INVESTMENTS PARTNERSHIP
OR ASSIGNS
BY:
fJl=.
-""
A_~.,
BY:
ADA COUNTY HIGHWAY DISTRICT
Attest:
BY:
t &í
r-D
~ì\\
BY:
CITY OF MERIDIAN
~"" P/u ~
PIC!.r1. eK - C/t.. ß""""ec.G.
DEVELOPMENT AGREEMENT (AZ-03-016) . 7
PAGE 25 OF 29
Attest:
STATE OF IDAHO, )
:ss
COUNTY OF ADA )
On this 2. ¿ day of ð t.~~.{,.... in the year 2003
before me, a Notary Public, personally appeared ----'? 'l "^ Â.J".... c..,-
aRQ , known r identified to me to be
f Sundance Investments Limited Partnership or assigns, and the persons
who executed the instrument and acknowledged to me that they having executed the same
on behalf of said limited partnership or assigns.
c.", "'w\-~r:'è'~ "'~.~
(SEAL)
DEVELOPMENT AGREEMENT (AZ.03-016)
PAGE 26 OF 29
:ss
, in the year 2003
STATE OF IDAHO, )
COUNTY OF ADA )
On this. day of
before me, a Notary Public, personally appe
and
known or identified to me to be the
and of
Ada County Highway District, and e persons who executed the instrument and
acknowledged to me that they ing executed the same on behalf of said Ada County
Highway District.
(SEAL)
Notary Public for Idaho
Residing at:
Commission expires:
STATE OF IDAHO, )
:ss
COUNTY OF ADA, .)
On this 2.1..\* day of ðc.--\-o~ , in the year 2003,
before me, a Notary Public, personally appeared ~ aJ.!.9 William G. Berg,
know or identified to me to be the~a11~ ,c.!l')rk',t:t~m~~Ót1he City of Meridian,
who executed the instrumenT(#' tÍfe~g<Agff~ecuted the instrument of behalf of said
City, and acknowledged to me that such City executed the same.
..(iiw.....
.~;:.I _.--~~.
..(t).?\'1IIt:l;¡"~.. QI^ 8
: :' '\ ~ ùV lo.AlIV'\. /'V\.1.Ïi--
(SEAL) : ¡ ì : Notary PublicforIdaho
\J,.., ~ i~: Residing at: M.... Co~~ Jdc...e....v
..'<'.h~rv.L~;~" Commission expires: 1- g~S'
..:V8-:¡r~..
Z:\WOrk\M\Meridian\Meridi~.I,!;'~~lverslone Business Campus AZ.Œ-O16 PP-Q3-Q18'DeveinpAgrTWO,doc
DEVELOPMENT AGREEMENT (AZ-03.0 16)
PAGE 27 OF 29
EXHIBIT A
Le!!a1 DescriotioD Of Prooertv
Sundance Investments Limited Partnership owns the two largest parcels totaling
77.8 acres, and Ada County Highway District owns the third parcel along the east
boundary totaling 2.9 acres:
A parcel ofland being the E Yz of the NW V. of Section 21, Township 3 North,
Range 1 East, B.M., Ada County, Idaho and more described as follows:
COMMENCING at a brass cap monument marking the NW corner of said NW v.,
thence S 89°14'20" E a distance of 1332.53 to a 5/8 inch rebar marking the NW
corner of said E Yz and the POINT OF BEGINNING;
Thence along the North line of said E Yz S 89°14'20" E a distance of 1332.52 to a
brass cap monument marking the NE corner of said E Yz;
Thence along the East line of said E Yz S 00°11 '43" W a distance of2657.19 feet
to a brass cap monument marking the SE corner of said E Yz;
Thence along the South line of said E Yz N 89°07'33" W a distance of1333.75
feet to a 5/8 inch rebar marking the SW corner of said E Yz;
Thence along the West line of said E Yz N 00°13'16" E a distance of2654.55 feet
to the POINT OF BEGINNING;
Said Parcel contains 81.28 acres more or less and is subject to all existing
easements and rights-of.ways of record or implied.
DEVELOPMENT AGREEMENT (AZ-03-016)
PAGE 28 OF 29
EXHIBIT B
Findin2s of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-03-016)
PAGE 29 OF 29
BEFORE THE MERIDIAN CITY COUNCIL
)
)
)
)
)
)
)
)
)
)
)
)
)
The above entitled annexation and zoning application having come on for public hearing
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 80.51 ACRES
FOR PROPOSED SILVERSTONE
CAMPUS SUBDIVISION,
LOCATED EAST OF EAGLE ROAD
AND SOUTH OF OVERLAND
ROAD, MERIDIAN, IDAHO
SUNDANCE INVESTMENTS,
APPLICANT
C/C 09/02/03
Case No. AZ-03-0I6
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
on September 2,2003, at the hour of7:00 p.m., and Anna Powell Planoing Director for the
Planning and Zoning Department, Cornell Larson, and Edward J. Thomas, appeared and testified,
and the City Council having duly considered the evidence and the record in this matter therefore
makes the following Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
1.
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11.16-1.
2.
The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles II and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION. (AZ-O3.016)
PAGE 1 OF 23
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3.
The property which is the subject of the application for anoexation and
zoning is described in the application, is approximately 80.51 acres in size and is located east of
Eagle Road and south of Overland Road, Meridian, Idaho, all within the Area ofImpact ofthe
City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian
Comprehensive Plan.
4.
The parcel ofland is contiguous to the existing city limits of the City of Meridian.
5.
The owners of record of the subject property are Sundance Investments Ltd
Partnership, who owns the two (2) largest parcels, totaling approximately 77.8 acres. Ada
County Highway District owns the third parcel (2.9 acres) along the east boundary. Both
property owners have provided notarized consent for the subject applications. The applicant is
Sundance Investments Ltd. Partnership.
6.
The property is presently zoned R-I and consists of vacant land.
7.
The Applicant requests the property be zoned as C.G (General Retail and Service
Commercial).
8.
The subject property is bordered to the north by Jewell Subdivision, to the south
by Sutherland Farm Subdivision (future), to the east by farmland, and to the west by Silverstone
Corporate Center.
9.
The Applicant proposes to develop the subject property in the following manner:
48 lot commercial subdivision with 6 other lots, per a letter submitted with the revised
Preliminary Plat by Pinnacle Engineers dated August 22, 2003.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION. (AZ.03-016)
PAGE2 OF23
10.
The Applicant requests zoning of the subject real property as C.G, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Mixed Use - Regional.
II.
The Eight Mile Lateral and its wetlands are significant or scenic features of major
iroportance that affects the consideration of this application.
12.
The City Council recognizes the concerns of Trevor Roberts, expressed in his
letter dated July 2,2003.
13.
Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planoing jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A.
Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
I. Before the City approves any of the proposed uses that are not permitted in the C.G zone, the
Applicant shall submit a Planoed Development application and receive approval for all such
uses.
2. A Development Agreement (DA) shall be entered into between the City of Meridian and the
developer. Said DA shall be generally consistent with and utilize the same format as the recorded
DA for Silverstone Corporate Center. The DA shall require that all uses, development standards
and standards within the subdivision be defined through a Planned Development application for
the subject property. The list of uses shown in Exhibit C of the Silverstone Business Campus
anoexation application is not approved and shall be amended through a separate Planoed
Development application.
B.
Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
1.
The Board of Commissioners authorizes the expenditure of available collected iropact
fees, or other District funds, if available, for the purchase of right .of-way dedicated by the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDNISION- (AZ.03.0I6)
PAGE 3 OF 23
6.
7.
applicant, with the applicant constructing a sidewalk as described below. However, if
funds cannot be secured, the applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the applicant's
specific development project) an additional 23-feet of right.of-way along Overland
Road, and construct a minimum S.foot wide concrete sidewalk along Overland Road,
located a minimum of 41-feet from the centerline of the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5.foot wide
concrete sidewalk along Overland Road, located a minimum of 41-feet from the
centerline of the right-of.way, in an easement provided to the District.
c. Provide a road trust deposit in the amount of $26,660.00 to be used for future
sidewalk construction along the applicant's property.
2.
Construct a commercial roadway that intersects Overland Road approximately 400.feet
east of Silverstone Way to align with Jade Avenue, as proposed.
3.
Construct a commercial roadway that intersects Overland Road approximately 1,150.feet
east of Silverstone Way to align with Topaz Avenue, as proposed.
lltlžThe applicant has proposed to construct the internal roadways as commercial
roadways. The proposed street section will accommodate for vehicular traffic that is
anticipated to be generated by this site. It appears that the City's comprehensive plan wishes
to have bike lanes at/near the half-mile. The commercial street section that is proposed will
not accommodate for bike lanes.
If the City requires the applicant to construct the roadway as a collector, the City should
require the roadways to be constructed as 46-foot street section within 70.feet of right.of.
way. This would allow for 3-traffic lanes with curb, gutter, bike lanes and a detached 5-foot
sidewalk.
4.
Construct the internal roadways as 40-foot street sections with curb, gutter and 5.foot
concrete sidewalk within 54-feet of right-of-way, as proposed.
5.
Extend an existing stub street (Copper Point Way) from the west property line
approximately 160-feet north of the south property line, as proposed.
Extend Copper Point Way as a stub street to the east property line approximately 305.feet
north of the south property line, as proposed. Install a sign at the terminus of the roadway
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
Extend Knapp Avenue from the south property line.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION. (AZ-03.016)
PAGE4 OF23
11.
12.
13.
14.
15.
16.
8.
[[the applicant would like a third access point to Overland Road, construct a 35-foot
wide shared driveway that intersects Overland Road approximately 600. feet west of the
east property line and aligns with the existing driveway at 3820 Overland Road.
9.
If the applicant develops before the Overland Road project, construct a center turn lane
for ALL of the approved access points that intersect Overland Road. Provide a minimum
of 100. feet of storage with shadow tapers for both the approach and departure directions.
Coordinate the design of the turn lane with District staff. Dedicate sufficient right.of-
way to accommodate for the turn lanes that have been identified by the traffic impact
study.
10.
Construct right-turn lanes for ALL of the approved access points that intersect Overland
Road, as they become warranted. Coordinate the design of the taper with District staff.
Dedicate sufficient right.of-way to accommodate for the turn lanes that have been
identified by the traffic impact study.
* *The applicant is required to provide a financial surety for the construction of the right
turn lanes on Overland Road. Once the tum lanes have been constructed or the District
has entered into a contract for the construction of this segment of Overland Road, the
financial surety will be released.
Identify and complete the proposed wetlands mitigation that was proposed as a part of the
Silverstone Corporate Center Subdivision in accordance with the wetlands mitigation
permit that was issued by the United States Army Corps of Engineers.
Provide the District with a parcel that is equal to and greater in value and size than the
previous parcel.
Provide the District with drainage calculations and drawings showing that the newly
proposed pond will have a capacity that is equal to or greater in storage area than the
previous parcel and will function at a level that is equal to or greater than what the
District had originally designed.
Install an adequately sized drainage pipe that will extend from the proposed drainage
pond to Overland Road through the Topaz Avenue right-of-way.
Provide the District with sufficient access to the site by providing the District by
providing public road frontage and a permanent easement through the adjoining parking
lot for additional access to the pond.
If the applicant chooses to landscape the drainage pond, the applicant shall obtain a
license agreement for all landscaping that is proposed within the District's right-of-way,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (AZ-O3-016)
PAGE 5 OF 23
6.
7.
8.
9.
drainage pond or easement. The applicant is required to have all landscape and sprinkler
plans reviewed and approved by the ACHD Drainage Division.
17.
Other than the access points that have specifically been approved with this application,
direct lot or parcel access to Overland Road is prohibited. Notes of this are required to be
placed on the final plat.
18.
Comply with all Standard Conditions of Approval.
ACHD Standard Conditions of Approval
1.
Any existing irrigation facilities shall be relocated outside of the right.of.way.
2.
All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387.6258 (with file
numbers) for details.
5.
All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho shall prepare and certify all improvement plans.
The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance # 197, also known as Ada County Highway District Road
Impact Fee Ordinance.
It is the responsibility of the applicant to verify all existing utilities within the right.of.
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (AZ-O3-016)
PAGE6 OF 23
11.
C.
D.
applicant. The applicant shall be required to call DIGLINE (1-800.342-1585) at least two
full business days prior to breaking ground within ACHD right-of-way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare
or filled) are compromised during any phase of construction.
10.
No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
Any change by the applicant in the planoed use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planoed use
of the subject property unless a waiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
Adopt the Recommendations of the Meridian Fire Department as follows:
1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to
service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC
Appendix III.A
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fue protection will be by the Meridian
Water Department.
4. Final approval of the fue hydrant locations shall be by the Meridian Fire Department thru the
Public Works Department.
5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads.
6. All fire lanes shall have an unobstructed width of 20'. UFC 902.2.1
Adopt the action of the City Council taken at their September 2,2003 meeting as follows:
1. For clarification:
a. The applicant stated at the September 2, 2003 meeting that the drainage lot may not
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION. (AZ-03-016)
PAGE 7 OF 23
be as shown on the present plat that has already been submitted. The applicant shall
be allowed flexibility on the actual size of the retention area only until the final
engineering of the project is complete.
b. The applicant shall be allowed to work with ACHD to address the access points, the
issues along Overland Road, the curb cuts and street improvements, and safety issues
along Overland Road.
c. Pertaining to the any ACHD comments which are incorporated above, if ACHD
modifies their report, then the applicant shall be required to comply with the
modified requirements of ACHD.
d. Per a letter submitted by Trevor C. Roberts dated August 29, 2003, he clarifies that
the southeast corner of the parcel that a portion of the land will be used for a future
roadway to be connected to a bridge crossing the Ridenbaugh Canal, and such shall
be shown on the Plat.
14.
It is found that the 2002 Comprehensive Plan Future Land Use Map designates the
subject property as "Mixed Use - Regional". The purpose of this designation is "to provide for a
combination of compatible land uses that are typically developed under a master or conceptual plan. .
. and to identify key areas [of the City] which are eitherinfill in nature or situated in highly visible or
transitioning areas of the City where inoovative and flexible design opportunities are encouraged.
The intent of this designation is to offer the developer a greater degree of design and use flexibility."
(See Chapter VII, pg. 97.) The requested zoning designation of C.G generally conforms to this
stated purpose and intent of the MU-Regional designation.
It is also found that the following 2002 Comprehensive Plan text policies to be applicable
(staff analysis is in italics below the policy.)
Mixed Use Area Policies
. "Where feasible, multi-family residential uses will be encouraged, especially for
projects with the potential to serve as employment destination centers and when the
project is adjacent to State Highways 20-26, 55 or 69";
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (AZ-03-016)
PAGE 8 OF 23
Staffheld two Pre.Application meetings with Larson Architects on the subject
property. At both meetings we encouraged the applicant to consider incorporating a
high density residential component into the development, in conformance with this
Comp Plan policy. The applicant chose not to include any residential Component.
While Silverstone will certainly serve as an employment center, the subject property
is not a4Jacent to a State Highway.
.
"Where mixed use developments are phased, a conceptual site plan for the entire
mixed use area is encouraged with the development application or, depending on the
scope of the development, prior to a formal development application being
submitted";
No phase lines are shown on the plat so Silverstone-proposed appears to be a single
phase development. A Planned Development application is not required by either the
Comp Plan or Zoning Ordinance and one was not submitted with the AZ and PP
applications. However, Larson Architects did submit a conceptual building layout for
the 80 acres.
"In developments where multiple commercial and/or office buildings are proposed
(not residential), the buildings should be arranged to create some form of common,
usable area, such as a plaza or green space";
The applicant is proposing to locate the ACHD common lot in a central location
within the development. They are also proposing a multi-use pathway along the Eight
Mile Lateral, which will be usable by júture employees of the center.
.
"Where the project is developed adjacent to low or medium density residential uses, a
transitional use is encouraged";
The subject project is proposed a4Jacent to júture medium density residential uses to
the east. The applicant's "Master Site Plan" shows building pads ranging from 7,658
sf. to 20,800 sf. along the east boundary. A transitional use is not called out on the
Master Site Plan. All of these lots are proposed to have a C.G base zone (with a
Development Agreement). Staff finds that the application does not comply with this
Comp Plan policy since transitional uses are not enforceable. Staff recommends
either a Planned Development with use exceptions or a down.zone (C. C) for the lots
a4Jacent to the east boundary. (See Condition #2 under Annexation Site Specific
Conditions.)
. "Residential density allowed of 3 to 40 units/acre";
Not applicable. No residential uses are proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING SlL VERSTONE
CAMPUS SUBDIVISION- (AZ-O3.016)
PAGE 9 OF 23
.
"No upper liroit of non-residential uses (square footage)."
(See Chapter VII, pgs. 97-98, for the above-mentioned six bullets/policies.)
. "Locate new community commercial areas on arterials or collectors near residential areas
in such a way as to complement with adjoining residential areas." (Chapter VII, Goal 1,
Obj. B, #5)
Silverstone-proposed has frontage on Overland Road, a principal arterial roadway. If
uses atijacent to the jùture residential land to the east are controlled either through a P D
or zoning, this development would complement atijoining residential areas.
. "Require screening and buffering of commercial and industrial properties and residential
use with transitional zoning." (Chapter VII, Goal IV., Obj. A, #6)
Transitional zoning is not proposed by the applicant but is being recommended by staff.
. "Permit new. . .commercial. . .developments only where urban services can be reasonably
provided at the time of final approval and development is contiguous to the City."
(Chapter IV, Goal I, Obj. A, #6)
Silverstone-proposed is contiguous to existing city limits and sanitary sewer, water and
other urban utilities can be extended to meet the needs of the development.
. "Encourage high-tech, research, pharmaceutical firms and high.quality retail facilities."
(Chapter IV, Goal II, Obj. A)
. "Develop City pathway to connect Meridian with Boise." (Chapter VI, Goal III, Obj. A,
#12)
. "Preserve and conserve our waterways, wetlands, wildlife habitat and other natural
resources." (Chapter V, Goal I, Obj. A)
15.
The genera! vicinity ofthis project is experiencing a rapid change from agricultural
and low density residential uses to commercial/urban type development. Overland Road and Eagle
Road are currently being widened to five (5) lane roadways. Silverstone Corporate Center, EI
Dorado Business Campus, St. Luke's expansion, Hampton !no Suites, and Sutherland Farm
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING SlL VERSTONE
CAMPUS SUBDIVISION. (AZ.03-0l6)
PAGE 10 OF 23
Subdivision have all been recently approved within a mile of this project. It is found that the rezone
of the proposed property would be compatible with other land use and facility changes in the area.
16.
Upon review of the applicant's list of proposed u~es, it is found that they are almost
identical to the uses approved for Silverstone, which was approved to the west. The majority of
these uses would be designed and operated in a manner consistent with Silverstone.approved and
with the existing CoG zoning to the south. Additionally, there are several uses, including
manufacturing, warehouses, and utility centers that were found may not be harmonious with future
residential to the east. Therefore, it is found that the requested uses would be generally harmonious
with the existing and intended character of the general vicinity, with the exception of lots along the
east boundary.
It is also found that, without a PD application, many of the proposed uses would not be
allowed since they are prohibited in the CoG zone. The Silverstone-approved development was
approved through a PD and was therefore allowed certain excepted uses. The following proposed
uses in Exhibit C would be prohibited unless otherwise approved under a PO application or through
different zoning (e.g. Industrial):
Bottling & Distribution Plant
Electrical Equipment, Products
Laboratories (medical, dental, optical)
Molded Plastic Product
Vocational, Trade, Industrial School
Fabricated Metal Products
Machine Shop
Public Utility Yards
Woodworking Shop
Residential
(See Condition #4 under Site Specific above.)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (AZ-03.016)
PAGE 11 OF 23
Club, Lodge, Social Hall
Hospitals
Medical Research Facilities
Seed and Garden Supply
Packaging Facilities
Industrial Research
Office Machines
Small Machinery & Component Parts
Bulk Storage: Flammable
Liquids/Gasses
17.
It is found that the majority of the proposed uses will not be hazardous or disturbing
to existing or future neighboring uses if all development and landscaping ordinances are exercised.
Some uses may be disturbing to future residential uses to the east. It is not anticipated that the
proposed uses will be hazardous or disturbing to future or existing neighbors.
18.
It is found that the roadway improvements will be required to handle the additional
traffic generated by this development. ACHD and the Applicant shall work together to determine the
extent of the required improvements. All other public services and facilities appear to be adequate to
service this property.
19.
It is found that this development will not cause excessive additional requirements at
public cost. The improvements will be funded and constructed by the developer. It is also found that
the anoexation and zoning alone will not be detrimental to the community's economic welfare.
20.
It is found that several of the proposed uses for Silverstone will involve activities,
processes, materials, equipment or conditions that could produce excessive traffic and noise and have
other public impacts. MCC 11-12-2 and 11-12.3 are intended to mitigate iropacts of some uses such
as fire hazards, bulk storage, and contractor's yards. However, it is found that other potential
impacts may not be adequately addressed by the Zoning or Subdivision Ordinance. Some of the
proposed uses would require a CUP, which would allow for mitigation standards to be addressed at
that time. To reduce the potential impact upon future neighboring residential uses it is recommended
that it be either through a PD or rezone process along the east boundary.
21.
It is found that the proposed uses will impact the level and flow of traffic on the
surrounding streets. By2010, the Traffic Impact Study prepared by EarthTechestiroates Silverstone
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION. (AZ.03-016)
PAGE 12 OF 23
(proposed to generate an average of 10,107 new vehicle trips per day - (819 vph at AM peak and
1.069 vph at PM peak). Of these 10, I 07 trips, an estimated 6,310 would be external and 3,707
would be internal/captured.
If all roadway improvements shown by the developer and in
EartbTech's report are made, the study notes that Eagle and Overland Roads in the vicinity of this
site are projected to have adequate capacity to operate at LOS D (see pg. 22 of EarthTech report.)
In accordance with Comprehensive Plan Policy #12 (pg. 79) and Policy #2 (pg. 107), it is
found that the number of vehicular access points to Overland Road should be restricted and
comply with ACHD policies in order to preserve the capacity and movement on Overland Road
at build-out.
22.
It is found that the Eight Mile Drain and mitigated wetlands area exist on the
property and must be protected. Some of the proposed uses listed in the application could cause
some damage to these natural features if not adequately controlled and/or managed (e.g. bulk
storage of flammable liquids, contractor's yards, public utility yards, etc.).
23.
It is found that the anoexation of this property would be in the best interest of the
City for the following reasons:
. increased commerciallindustrialland base;
. application substantially complies with the Comprehensive Plan;
. significant public improvements provided by developer (e.g. pathway
system, sewer and water line extensions.).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (AZ.03-016)
PAGE 13 OF 23
24.
It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 13, and all sub.parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of anoexation and zoning designation.
25.
It is also found that the development considerations as referenced in Finding No.
13 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manoer which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written request for
anoexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2.
The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3.
The City of Meridian has exercised its authority and responsibility as provided by
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (AZ-03.016)
PAGE 14 OF 23
"Local Land Use Planoing Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02.382.
4.
The zoning of(C-G) General Retail and Service Commercial is defined in the Zoning
Ordinance at § 11-7.2 K as follows:
(C-G) General Retail and Service Commercial District: The purpose of the CoG District
is to provide for commercial uses which are customarily operated entirely or almost entirely
within a building; to provide for a review of the impact of proposed commercial uses which
are auto and service oriented and are located in close proxiroity 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 conoected to the Municipal water and
sewer systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
6.
Since the anoexation and zoning of land is a legislative function, the City has
authority to place conditions upon the anoexation ofIand. See Burt vs. The Citv ofIdaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
7.
The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12.2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8.
Pursuant to Section 11- 1 6.4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if such is required by the City.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION. (AZ-03-016)
PAGE 15 OF 23
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
1.
The applicant's request for anoexation and zoning of approxiroately 80.51 acres to
General Retail and Service Commercial (C-G), is granted subject to the terms and conditions of this
Order hereinafter stated.
2.
The application is for anoexation and zoning of 80.51 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
anoexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3.
Developer shall be required to meet the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de.anoexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A.
Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
I. Before the City approves any of the proposed uses that are not permitted in the C.G zone, the
Applicant shall submit a Planoed Development application and receive approval for all such
uses.
2. A Development Agreement (DA) shall be entered into between the City of Meridian and the
developer. Said DA shall be generally consistent with and utilize the same format as the recorded
DA for Silverstone Corporate Center. The DA shall require that all uses, development standards
and standards within the subdivision be defined through a Planoed Development application for
the subject property. The list of uses shown in Exhibit C of the Silverstone Business Campus
anoexation application is not approved and shall be amended through a separate Planned
Development application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SlL VERSTONE
CAMPUS SUBDIVISION. (AZ-O3.016)
PAGE 16 OF 23
2.
3.
4.
B.
Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
1.
The Board of Commissioners authorizes the expenditure of available collected impact
fees, or other District funds, if available, for the purchase of right-of-way dedicated by the
applicant, with the applicant constructing a sidewalk as described below. However, if
funds cannot be secured, the applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the applicant's
specific development project) an additional 23.feet of right. of-way along Overland
Road, and construct a minimum 5. foot wide concrete sidewalk along Overland Road,
located a minimum of 4 I-feet from the centerline of the right.of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5.foot wide
concrete sidewalk along Overland Road, located a minimum of 4 I-feet from the
centerline of the right-of-way, in an easement provided to the District.
c. Provide a road trust deposit in the amount of $26,660.00 to be used for future
sidewalk construction along the applicant's property.
Construct a commercial roadway that intersects Overland Road approximately 400.feet
east of Silverstone Way to align with Jade Avenue, as proposed.
Construct a commercial roadway that intersects Overland Road approximately 1,150-feet
east of Silverstone Way to align with Topaz Avenue, as proposed.
ll£tiThe applicant has proposed to construct the internal roadways as commercial
roadways. The proposed street section will accommodate for vehicular traffic that is
anticipated to be generated by this site. It appears that the City's comprehensive plan wishes
to have bike lanes at/near the half-mile. The commercial street section that is proposed will
not accommodate for bike lanes.
If tJ:¡e City requires the applicant to construct the roadway as a collector, the City should
require the roadways to be constructed as 46-foot street section within 70.feet of right. of-
way. This would allow for 3-traffic lanes with curb, gutter, bike lanes and a detached 5.foot
sidewalk.
Construct the internal roadways as 40-foot street sections with curb, gutter and 5.foot
concrete sidewalk within 54-feet of right. of-way, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (AZ-O3-016)
PAGE 17 OF23
11.
12.
13.
5.
Extend an existing stub street (Copper Point Way) from the west property line
approximately 160-feet north of the south property line, as proposed.
6.
Extend Copper Point Way as a stub street to the east property line approximately 305-feet
north of the south property line, as proposed. Install a sign at the terminus of the roadway
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
7.
Extend Knapp Avenue from the south property line.
8.
l[the applicant would like a third access point to Overland Road, construct a 35-foot
wide shared driveway that intersects Overland Road approximately 600.feet west of the
east property line and aligns with the existing driveway at 3820 Overland Road.
9.
If the applicant develops before the Overland Road project, construct a center turn lane
for ALL of the approved access points that intersect Overland Road. Provide a minimum
of 100-feet of storage with shadow tapers for both the approach and departure directions.
Coordinate the design of the turn lane with District staff. Dedicate sufficient right-of.
way to accommodate for the turn lanes that have been identified by the traffic impact
study.
10.
Construct right.turn lanes for ALL of the approved access points that intersect Overland
Road, as they become warranted. Coordinate the design of the taper with District staff.
Dedicate sufficient right.of-way to accommodate for the turn lanes that have been
identified by the traffic impact study.
* * * * *The applicant is required to provide a financial surety for the construction of the
right turn lanes on Overland Road. Once the turn lanes have been constructed or the
District has entered into a contract for the construction of this segment of Overland Road,
the financial surety will be released.
Identify and complete the proposed wetlands mitigation that was proposed as a part of the
Silverstone Corporate Center Subdivision in accordance with the wetlands mitigation
permit that was issued by the United States Army Corps of Engineers.
Provide the District with a parcel that is equal to and greater in value and size than the
previous parcel.
Provide the District with drainage calculations and drawings showing that the newly
proposed pond will have a capacity that is equal to or greater in storage area than the
previous parcel and win function at a level that is equal to or greater than what the
District had originally designed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION. (AZ-03-016)
PAGE 18 OF 23
1.
2.
3.
4.
5.
6.
7.
14.
Install an adequately sized drainage pipe that will extend from the proposed drainage
pond to Overland Road through the Topaz A venue right-of-way.
15.
Provide the District with sufficient access to the site by providing the District by
providing public road frontage and a permanent easement through the adjoining parking
lot for additional access to the pond.
16.
If the applicant chooses to landscape the drainage pond, the applicant shall obtain a
license agreement for all landscaping that is proposed within the District's right-of-way,
drainage pond or easement. The applicant is required to have all landscape and sprinkler
plans reviewed and approved by the ACHD Drainage Division.
17.
Other than the access points that have specifically been approved with this application,
direct lot or parcel access to Overland Road is prohibited. Notes of this are required to be
placed on the fmal plat.
18.
Comply with all Standard Conditions of Approval.
ACHD Standard Conditions of A{JDroval
Any existing irrigation facilities shall be relocated outside of the right.of.way.
All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387.6258 (with file
numbers) for details.
All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certifY all improvement plans.
The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates an.y required design changes.
Construction, use and property development shall be in conformance with all applicable
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDNISION. (AZ-03-016)
PAGE 19 OF 23
C.
2.
3.
4.
requirements of the Ada County Highway District prior to District approval for
occupancy.
8.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9.
It is the responsibility of the applicant to verify all existing utilities within the right.of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two
full business days prior to breaking ground within ACHD right.of-way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare
or filled) are compromised during any phase of construction.
10.
No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
11.
Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises .the Highway District of its intent to change the planoed use
of the subject property unless a waiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
Adopt the Recommendations of the Meridian Fire Department as follows:
I.
That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to
service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC
Appendix III-A
Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
Final approval of the fire hydrant locations shall be by the Meridian Fire Department tbru the
Public Works Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (Az..03-016)
PAGE20 OF23
5.
All radü shall be 28' inside and 48' outside radius for all entrances and internal roads.
6.
All fire lanes shall have an unobstructed width of20'. UFC 902.2.1
D.
Adopt the action of the City Council taken at their September 2, 2003 meeting as follows:
1.
4.
For clarification:
a.
The applicant stated at the September 2,2003 meeting that the drainage lot may
not be as shown on the present plat that has already been submitted. The
applicant shall be allowed flexibility on the actual size of the retention area
only until the final engineering of the project is complete.
b.
The applicant shall be allowed to work with ACHD to address the access
points, the issues along Overland Road, the curb cuts and street improvements,
and safety issues along Overland Road.
c.
Pertaining to the any ACHD comments which are incorporated above, if
ACHD modifies their report, then the applicant shall be required to comply
with the modified requirements of ACHD.
d.
Per a letter submitted by Trevor C. Roberts dated August 29, 2003, he
clarifies that the southeast corner of the parcel that a portion of the land will
be used for a future roadway to be conoected to a bridge crossing the
Ridenbaugh Canal, and such shall be shown on the Plat.
The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (C.G) General Retail and Service Commercial and Meridian City Code § 11-7.2.
5.
Subsequent to the passage of the Ordinance provided for in section 4 of this Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance
with the provisions of the anoexation and zoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (AZ.03-016)
PAGE 21 OF 23
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the City
Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A
request for a regulatory takings analysis will toll the time period within which a Petition for Judicial
Review may be filed.
Please take notice that this is a final action of the governing body of the City of Meridian.
Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property
which may be adversely affected by the issuance or denial of the anoexation and zoning and who
may within twenty.eight (28) days after the date of this decision and order seek ajudicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
2-5~ day of
~4k-..-
,2003.
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED ~
COUNCILWOMAN TAMMY deWEERD
VOTED~
COUNCILWOMAN CHERIE Mc CANDLESS
VOTED~
COUNCILMAN WILLIAM LM. NARY
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SILVERSTONE
CAMPUS SUBDIVISION- (AZ.O3-016)
PAGE 22 OF 23
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 9~2-3~{}3
VOTED
MOTION:
APPROVED:-L
DISAPPROVED:
Attest:
&;'ú>"',.e.:t ¡J~~_-f
B~~l>rf9- Dated:
City Clerk
'9;-JJ"-P3
-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING SILVERSTONE
CAMPUS SUBDIVISION. (AZ-O3-016)
PAGE 23 OF 23