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2000 JL - 6 ' PHI: 2 S oZ.1 tr ¡ 00 0 5 2 7 I 8
DEVELOPMENT AGREEMENT
1.
2.
City of Meridian
John R. Sonntag and Alberta Sonntag, Developer/Owner
THIS Di:"hLOPMENT AGREEMENT (this "Agreement"), is made
and entered into this~ day of d uL~ ~ by and between CITY
OF MERIDIAN, a municipal corporation of eState ofIdaho, hereafter called "CITY",
and JOHN R. SONNTAG AND ALBERTA SONNTAG, husband and wife, whose
address is,3373 N. Tumbleweed, Boise, Idaho 83713, hereinafter called
"DEVELOPER/OWNER",
1. RECITALS:
1.2
1.3
1.+
1.5
1.6
1.1
WHEREAS, "Developer" is the sole owner, in law and/or equity,
of certain tract ofland in the County of Ada, State ofIdaho,
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
WHEREAS, I.C. §67-6511A. Idaho Code, provides that cities
may, by ordinance, require or permit as a condition ofre-zoning
that the owner or "Developer" make a written commitment
concerning the use or development of the subject "Property"; and
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-2416L and 11-2-417D, which
authorizes development agreements upon the annexation and
zoning ofland; and
WHEREAS, "Developer" I"Owner" has submitted an application
for annexation and zoning of the "Property"s described in Exhibit
A, and has requested a designation of General Retail and Service
Commercial (C-G), (Municipal Code of the City of Meridian); and
WHEREAS, "Developer" /"Owner" made representations at the
public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
subject "Property" will be developed and what improvements will
be made; and
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject "Property" held
before the Planning & Zoning Commission, and subsequently
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1.7
1.8
1.9
1.10
before the City Council, include responses of government
subdivisions providing services within the City of Meridian
planningjurisdiction, and received further testimony and
comment; and
. ~h
WHEREAS, City Council, the /q - day of Ot.fDhe r 1999, 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
WHEREAS, the "Findings" require the "Developer" /"Owner"
enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
"DEVELOPER" deems it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement
was, entered into voluntarily and at its urging and requests; and
WHEREAS, "City" requires the "Developer" /"Owner" to enter
into a development agreement for the purpose of ensuring that
the "Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions of this
development agreement, herein being established as a result of
evidence received by the "City" in the proceedings for annexation
and zoning designation &om government subdivisions providing
services within the planningjurisdiction and &om affected
property owners and to ensure annexation and zoning
designation is in accordance with the Comprehensive Plan of the
City of Meridian adopted December 21, 1993, Ordinance #629,
January +, 199+, and the Zoning and Development Ordinance
codifIed in Title 11, Municipal Code of the City of Meridian,
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 derIDed and interpreted as
herein provided for, unless the clear context of the presentation of the same requires
otherwise:
~-_.~_.~.- '----'~'_"_~M"
3.1
3.2
3,3
3.+
"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
oflaw of the State ofIdaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 836+2,
"DEVELOPER": means and refers to John R. Sonntag and
Alberta Sonntag, husband and wife, whose address is 3373 N.
Tumbleweed, Boise, Idaho 83713, 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 len gth.
"OWNER": means and refers to John R. Sonntag and Alberta
Sonntag, husband and wife, whose address is 3373 N.
Tumbleweed, Boise, Idaho 83713, the owners of said "Property",
+.
USES PERMITTED BY TInS AGREEMENT:
4,1
4.2
The uses allowed pursuant to this Agreement are only those uses
allowed under "City'" s Zoning Ordinance codified at Section 11-
2-+08 B 11, Meridian City Code which are herein specified as
follows:
Construction and development of a 60,000 sq. ft. medical office
building intended to house professional tenants and six operating
rooms for outpatient surgery,
No change in the uses specified in this Agreement shall be
allowed without modifICation of this Agreement.
5, DEVELOPMENT IN CONDITIONAL USE: "Developer" rOwner"
has submitted 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"
that require a conditional use permit.
~-_.~_.~.- ,_--_,~,_'.--^",
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
"Developer" ¡"Owner" shall develop the "Property" in accordance with
the following special conditions:
6.1
6.2
6.3
6.+
6.5
Any existing irrigation/drainage ditches crossing the property to
be included in this project, shall be tiled per City Ordinance 11-9-
605,M, Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public
Works Department. No variances have been requested for tiling
of any ditches crossing this project.
Any existing domestic wells and/or septic systems within this
project will have to be removed &om their domestic service per
City Ordinance Section 5-7-517. Wells may be used for non-
domestic purposes such as landscape irrigation.
Applicant shall be required to dedicate all right-of-way along
Allen Street and Freeway Drive as required by ACHD prior to
any building permits being issued for this property.
Applicant shall be, required to enter into a Development
Agreement with the City as a condition of annexation. The
Development Agreement shall specifY minimum required
landscape strip widths (as negotiated between applicant and City
of Meridian) along the west, south and east boundaries of
property,
Applicant to submit a revised legal description prepared by a
Registered Land Surveyor, Licensed by the State ofIdaho, and
conforming to all the provisions of the City of Meridian
Resolution No. 158, showing the subject site is contiguous to the
Corporate City Limits of Meridian.
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 "Developer" ¡"Owner" or
"Developer's" ¡"Owner's. heirs, successors, assigns, to comply with Section 6 entitled
"Conditions Governing Development of subject "Property" of this agreement within
two (2) years of the date this Agreement is effective, and after the "City" has complied
~-_.~_.~.- ._~-_.~._,.~~^'"
with the notice and hearing procedures as outlined in I.C, § 67-6509, or any subsequent
amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer"f'Owner" 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 fiùl.ure to comply with
this Agreement to "Developer"f'Owner" and if the
"Developer"f'Owner" fails to cure such fàilure within six (6)
months of such notice.
9. INSPECTION: "Developer"f'Owner" 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 an other ordinances of the "City" that apply to said
Development.
10,
DEFAULT:
10.1 In the event "Developer" /"Owner", "Developer"'sI"Owner's"
heirs, successors, assigns, or subsequent owners of the "Property"
or any other person acquiring an interest in the "Property", fail to
faithfully comply with all of the terms and conditions included in
this Agreement in connection with the "Property", this
Agreement may be modified or terminated by the "City" upon
compliance with the requirements of the Zoning Ordinance,
10.2 A waiver by "City" of any default by "Developer"/"Owner" of any
one or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any
other rights or remedies of "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
"Developer"'s/"Owner's" cost, and submit proof of such recording to
"Developer" /"Owner", prior to the third reading of the Meridian Zoning Ordinance in
connection with the annexation and zoning of the "Property" by the City Council. If
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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 "Developer"/"Owner", 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 "Developer" /"Owner" shall have thirty (30)
days after delivery of notice of said breach to correct the same
prior to the non-breaching party's seeking of any remedy
provided for herein; provided, however, that in the case of any
such default which cannot with diligence be cured within such
thirty (30) day period, if the defaulting party shall commence to
cure the same within such thirty (30) day period and thereafter
shall prosecute the curing of same with diligence and continuity,
then the time allowed to cure such failure may be extended for
such period as may be necessary to complete the curing of the
same with diligence and continuity.
In the event the performance of any covenant to be performed
hereunder by either "Developer" /"Owner" or "City" is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of
time of such delay.
1+, SURETY OF PERFORMANCE: The "City" may also require surety
bonds,. irrevocable letters of credit, cash deposits, certifIed check or negotiable bonds, as
allowed under §12-5-3 of the Meridian City Code, to insure that installation of the
improvements, which the "Developer" /"Owner" agrees to provide, ifrequired by the
"City".
15, CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees
that no Certificates of Occupancy will be issued until all improvements are completed,
~--~. ~~.~.- ._--_.~- "~M".'
unless the "City" and "Deveioper"rOwner" 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 "Developer" /"Owner"
agrees to abide by all ordinances of the City of Meridian and the "Property" shall be
subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet
the conditions contained in the Findings of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered ifand 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:
~DEÆL~~: /
ohn R. Sonntag and ~~nntag
3373 N. Tumbleweed
Boise, Idaho 83713
c/o City Engineer
City of Meridian
33 E, Idaho Ave.
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E, Idaho Ave,
Meridian, ID 836< ,2
17.1
A party shall have the right to change its address by delivering to
the other party a written notification thereofin 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 perfonn 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
"Developer"/"Owner", to execute appropriate and recordable evidence of termination of
this Agreement if "City", in its sole and reasonable discretion, had determined that
"Developer"/"Owner" 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 j urisdiction, such provision shall be deemed to be excised
&om this Agreement and the invalidity thereof shall not affect any of the other
provisions contained herein,
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer"/"Owner"
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
"Developer"/"Owner" and "City", other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, with
respect to "City", to a duly adopted ordinance or resolution of "City".
22,1 No condition governing the uses and/or conditions governing
development of the subject "Property" herein provided for can be
modified or amended without the approval of the City Council
after the ""City" has conducted public hearing(s) in accordance
with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed
amendment.
23, EFFECTIVE DATE ,OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the Meridian
Zoning Ordinance in connection with the annexation and zoning of the "Property"and
execution of the Mayor and City Clerk.
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided,
/
Attest:
.J~ß~9-
CITY CLERK
BY RESOLUTION NO. J2--tf
~--_. ~_. ~.- . ----. ~.- ,.~ ~.. .,
Jo n . Sonntag,
Developer/Owner ]
C¡iIY f¿ 6' ÓlÎ. r-:'
BY:,' :;', '/J1 .f/(~ð'U
Alberta Sonntag,
Developer/Owner
CITY OF MERIDIAN
:dd~
STATE OF IDAHO)
:ss
COUNTY OF ADA
IJ, J Qn this J ~ay of Jvvt:2.- in the year 2000, before me,
~ a Notary Public, personally appeared John R. Sonntag
and Albèrtå:1)onntag, hqsband and wife, known or identified to me to be the persons who
exeç~te(Þ-th~:k~j:rument and acknowledge to me having executed the same,
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Commission expires: 08-30-0/
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: STATE OFI,ÐAHO )
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County of Ada )
:ss
~
On this 5'-112- day of K~'" Goy-'" in the year 2000, before
me, a Notary Public, personally appeared Reæl't D. Cen k and William G, Berg. know or
identified to me to be the~r qd Clerk, respectively, of the City of Meridian, who
executed the instrumentd~~n that executed the instrument of behalf of said City,
and acknowledged to me that such City executed the same.
........
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.-?iiòFïD~.. EXHIBIT A
--......
Legal Description OfProp~
A parcel ofland being a portion of Lot 15, Amended Magic View Subdivision, as fded
for record in the office of the Ada County Recorder, Boise, Idaho, in Book 52 of Plats at
pages 4+45 and 4+46, lying in Section 17, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho, and more particularly described as follows;
(SEAL)
~-_. ~_.~.- ,---_.~- ,.~~"..,
Commencing at the Southeast Corner of the Northeast 1/+ of said
Section 17, &om which the Northeast Corner of the Southeast 1/+ of said
Northeast 1/4 of Section 17 bears North 00°22'58" West 1326.59 feet;
thence along the easterly boundary of said Northeast 1/4 of Section 17,
North 00°22'58" West 104,66 feet to the centerline of Gentry Way;
thence leaving said easterly boundary and along said centerline of
Gentry Way, South 89°37'02" West 709,05 feet to the easterly boundary
of said Lot 15, being the POINT OF BEGINNING;
thence leaving said centerline of Gentry Way and along said easterly
boundary of Lot 15, said easterly boundary also being the centerline of
Allen Street, South 00°22'58" East 225.65 feet to an iron pin on the
Northerly right-of-way of Ramp D-A, Eagle Interchange ofInterstate
8+, Project No. IR-84-1 (12) +5 Highway Survey, and Warranty Deed
Instrument No. 8805287;
thence along said northerly right-of-way ofInterstate 84, South
53°2+'3+" West 376.64 feet to an iron pin on the westerly boundary of
said Lot 15;
thence leaving said northerly right-of-way ofInterstate 8+, and along
said westerly boundary of Lot 15, North 27°16'29" West 636.51 feet an
iron pin monumentingthe Northwest Corner of said Lot 15;
thence along the northerly boundary of said Lot 15, South 72°50'00"
East 127.00 feet to an iron pin;
thence continuing along said Northerly boundary, South 8+°+1'13" East
+73,05 feet to an iron pin monumenting the Northeast Corner of said Lot
15;
thence leaving said northerly boundary and along the easterly boundary
of said Lot 15, being also the centerline of Allen Street, South 00°22'58"
East, 3+.30 feet to the POINT OF BEGINNING, comprising +.340
acres, more or less,
SUBJECT TO:
~~_. ~~.~.- '----'~'_"~~A'"
All existing easements and road rights-of-way of record or appearing on
the above-described parcel ofland.
~--.~_.-.- ,---_.~._..~~^'..
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Ap.proval
z,\ W..k\M\M..idWo u..oM\ADon Stteet Car. Ctr\DeveIopAgr
~-~. ~~.~.- ,--------,.~~^'"
BEFORE THE MERlDIAN CIll COUN<...u.,
IN THE ¡Y[ATTER OF THE
APPLICATION OF SONTAG EYE
ASSOCIATES, THE
APPLICATION FOR
AJ'\INEXATION AND ZONING
OF 4.34 ACRES FOR PROPOSED
ALLEN STREET CARE CENTER,
MERlDlAJ.'J, IDAHO
Case No. AZ-99-014
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AJ'\ID
DECISION AJ,{D ORDER
GRANTING APPLICATION FOR
ANNEXATION AJ'JD ZONING
The above entitled annexation and zoning application having come on
for public hearing on October 5, 1999, at the hour of Î:OO o'clock p.m., and Shari
Stiles, Planning and Zoning Administrator, and appearing on behalf of the Applicant,
':':c::: :reeman, both having appeared and testified and no one having testified in
opposition and the City Council having duly considered the evidence and the record
in this matter therefore makes the follovving Findings of Fact and Conclusions of
Law, and Decision and Order:
FINDINGS OF FACT
1.
The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for October 5, 1999, before the City Council, the first publication
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER
BY: SONNTAG EYE ASSOCIATES
appearing and \\Titten notice having been mailed to propertv owners or purchasers of
record within three hundred (300') feet of the external boundaries of the propertv
Lmder consideration more than tìfteen (i5) days prior to said hearing and 'Nith the
notice of public hearing having been posted upon the property under coosidera¡Ïon
more than ooe week before said hearing; and that copies of all notices were made
available to newspaper, radio and television stations as public service announcements;
and the matter having been duly considered by the City Council at the OctOber 5,
1999, public hearing; and the applicant, affected property owners, and government
subdivisions providing services \vithin the planning jurisdiction of the City of
Meridian, having been given full opportunity to e."qJress comments and submit
evidence.
2.
There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 6ï-6509 and 67-6511, and §§ 11-2-416E and 11-2-41 ï A,
Municipal Code of the City of Meridian.
3.
The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of
Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the
City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994,
and maps and the ordinance Establishing the Impact Area Boundary.
4.
The property which is the subject to the application for anne.'{ation and
FINDINGS OF FACT AND CONCLUSIONS OF LA..w - Page 2
AND DECISION AND ORDER GRANTING .APPLICATION
FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER
BY: SONNTAG EYE ASSOCIATES
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full. The property is approximately 4.34 acres in size. The properLY is
located at Lot 15 of Magic View Subdivision, Meridian, Idaho. The properLY is
designated as Allen Street Care Center,
5.
The Applicant is acting on behalf of the record owner of the properLY
Mark and Gari Bottles of 528ï Fairview, Boise, Idaho, and Burke Jones of 5311
Greenwood, Garden City, Idaho, and has filed a written request for annexation and
zoning,
6.
The property is presently zoned by Ada County as Ada County Rural
Transitional (R-T), and consists of a rural single family residence.
ï.
The Applicant requests the property be zoned General Retail and
Service Commercial (C-G) which is defined at Meridian City Code Section 11-2-
408(B)((l1).
8.
The Applicant has requested the annexation and this zoning, and the
application was not initiated at the request of the City of Meridian.
9.
The proposed site of the subject property is located south of Magic
View Drive, west of Allen Street and norLh of the 1-84 westbound on-ran:;, :'-leridian,
Idaho.
10.
The subject property is bordered to the north by the recently approved
Midvalley Business Park, to the west by Ada County Rural Transitional, to the south
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER
BY: SONNTAG EYE ASSOCIATES
by Meridian City Light Industrial, to the east by the proposed Holidav Inn Express
and the city limits of the City of Meridian are adjacent and abUt to the north, ease
and soUth of the subject real property.
II.
The property which is the subject of this application is \vi(hin the Area
of Impact of (he City of Meridian.
12.
The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
13.
The applicant proposes to develop the subject property in the follO\ving
manner: construction and development of a 60,000 sq. ft. medical office building
intended to house professional tenants and six operating rooms for outpatient
surgery.
14.
The applicant requests zoning of the subject real property as General
Retail and Service Commercial (C-G). It is consistent ,vith the Meridian
Comprehensive Plan Generalized Land Use Map which designates the subject
property as Mi.xedIPlanned Use Development. Further this proposal is consistent
\vith the Meridian Comprehensive Plan as follows:
Land Use
4.3U -
Encourage new commercial development \vithin under-utilized existing
commercial areas.
Encourage commercial uses, offices and medical-care uses to locate in
4.8U -
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/AlLEN STREET CARE CENTER
BY: SONNTAG EYE ASSOCIATES
5.6 -
5.S -
5.11 -
5.14U -
5.15U-
the Old Town district, business parks, shopping centers and near high-
intensitv activity areas, such as freeway interchanges.
The development of a variety of compatible land uses should be
provided in specific plans and proposals for futUre development.
Development in these areas should be based on functional plans...
compatible with the surrounding neighborhoods.
The character, site improvements, and type of development should be
harmonized vvith previously-developed land in the area.
Because these areas are near 1-84... high-quality visual appearance is
essential.
The mi..--œd-use area in the vicinity of 1-84 interchange is a priority
development area.
Public Services, Utilities and Energy Resources:
3.1-
3.3 -
Medical facilities should be encouraged to locate vvithin or nearby
commercial activity centers.
... encourage medical professionals to locate their practice vvithin the
City of Meridian...
Community Design:
1.4 -
: ,6 -
4.4U -
Major entrances to the City should be enhanced and emphasized.
Tr:e a¿ditio" ::;;' iar.c.s,:,'ping "¡¡itiÙl existing commercial parking lots
should be encouraged.
Encourage landscaped setbacks for new development on entrance
corridors. The City shall require, as a condition of development
approval, landscaping along all entrance corridors.
15.
Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the follovving conditions of development are
imposed:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER
BY: SONNTAG EYE ASSOCIATES
,~.dopt the Planning and Zoning Administrator and Assistant City Engineer
Recommendations as follows:
15.1 Any existing irrigation/drainage ditches crossing the property to be
included in this proiect, shall be tiled per City Ordinance 11-9-605.1\\.
Plans will need to be approved by the appropriate irrigation/drainage
district, or lateral users association, with written confirmation of said
approval submitted to the Public 'Works Department. No variances have
been requested for tiling of any ditches crossing this project.
15.2 Any existing domestic wells and/or septic systems vvithin this project vvill
have to be removed from their domestic service per City Ordinance
Section 5-7-517. Wells may be used for non-domestic purposes such as
landscape irrigation.
15.3 Applicant shall be required to dedicate all right-of-way along Allen
Street and Freeway Drive as required by ACHD prior to any building
pemlits being issued for this property.
15.4 Applicant shall be required to enter into a Development Agreement vvith
the City as a condition of annexation. The Development Agreement
shall specify minimum required landscape Strip vvidths (as negotiated
between applicant and City of Meridian) along the west, south and east
boundaries of property.
15.5 Applicant to subrni, a revised legal description prepared by a Registered
Land Surveyor, Licensed by the State of Idaho, and conforming to all
the provisions of the City of Meridian Resolution No. 158, shovving the
subject site is contiguous to the Corporate City Limits of Meridian.
16.
It is found that if the developer pays for the requested improvements
and complies vvith the conditions set forth in these findings of fact no. 15, and all
subparts, the economic welfare of the City and its residents and ta..'( and rate payers
vvill be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
Al\1D DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER
BY: SONNTAG EYE ASSOCIATES
I ï.
It is found that the development considerations which must be taken
inco account, in order to assure the proposed development is designed, constructed,
operated and maintained in a manner which is harmonious and appropriate in
appearance with the existing, or intended charaCter of the general vicinity, in order to
assure that the proposed use wil! not change the essential character of the affected
vicinity and wil! insure that the proposed uses will not be hazardous or dismrbing 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.
18.
The proposed development wil! serve existing and gro\ving needs and
wil! provide services to surrounding institutional, commercial and residential
development.
19.
There are no major or scenic features of major importance that affect
the consideration of this application.
20.
The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the
Comprehensive Plan of the City as follows:
20.1 The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such as the
subject application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page Î
AND DECISION AND ORDER GRANTING APPLICATION
FORANNEXA.TION AND ZONING/ALLEN STREET CARE CENTER
BY: SONNTAG EYE ASSOCIATES
:20.:2 This proposed ;cew growth development 'Nill finance public service
expansion by the requirement herein that the applicant complv with the
requests submitted of the political subdivisions responses within the
Mer:::i:-.r-. Urban Service Planning Area submitted in the record of this
matcel'.
20.3 The expansion of commercial development is facilitated by the granting
of this application subject to the conditions herein set forth.
20.4 The application is consistent vvith Meridian's self identity.
20.5 The proposed development will be consistent with the goal of supplying
employment and economic self-sufficiency for the existing and future
residents of the City and the reduction of the reliance upon Boise and
the strengthening of the City's ability to finance and implement public
improvements, services and its open space character.
20.6 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to the
subject application.
20.7 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable,
20.8 Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
plan and the Zoning ordinances of the City to the subject application.
21.
The propeny can be physically serviced vvith City water and sewer, if
applicant extends the lines.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION Al'lD ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/AlLEN STREET CARE CENTER
BY: SONNTAG EYE ASSOCIATES
CONCLUSIONS OF LAW
1.
The City of Meridian has authorit:r to annex real property upon \vritten
request for annexation and the real propenv being comiguous 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 Municipal Code of the City of Meridian Section 11-
2-4 I 7 provides the City may annex real property that is within the Meridian Urban
Service Planning Area as set forth in the City's Comprehensive Plan.
2.
The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3.
The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted
December 21, 1993, Ord, No. 629, January 4, 1994,
4.
The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.A
The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1
To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which deal with area-specific policies and
programs.
FINDINGS OF FACT AJ.'\1D CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER
BY: SONNTAG EYE ASSOCIATES
4.4
4.5
4.6
4.7
4.8
4.9
4.2
To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and, the distribution
of new housing uniLs within the Urban Service Planning
Area.
4.3
To encourage the kind of economic growth and
development which supplies employment and economic
self-sufficiency for existing and fuLlire residents, reduces
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
To provide housing opportunities for all economic groups
vvithin the community.
To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
idendty as a self-sufficient community.
To encourage cultural educational and recreational
faciliUes which "ill .tìll the needs and preferences of the
citizens of Meridian and to insure that these facilities are
available to all residents of the City.
To provide community serVices to fit existing and projected
needs.
To establish compatible and efficient use of land through
the use of innovative and functional site design.
To encourage a balance of land use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
FI.\JDIi":GS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GR.AJ."JTING APPLICATION
FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER
BY: SONNTAG EYE ASSOCIATES
Lmd Use
4.3U -
4.8U -
5.6 -
5.8 -
5.11 -
5.14U -
5.15U-
Encourage new commercial development within under-utilized existing
commercial areas.
E:'~~"""6c èJ,~llTIercial uses, offices and medical-care uses to locate in
(he Old Town district, business parks, shopping centers and near high-
intensity activity areas, such as freeway interchanges.
The development of a variety of compatible land uses should be
provided in specific plans and proposals for future development.
Development in these areas should be based on functional plans...
compatible with the surrounding neighborhoods.
The character, site improvements, and type of development should be
harmonized ,vith previously-developed land in the area.
Because these areas are near 1-84.., high-quality visual appearance is
essential.
The mL'(ed-use area in the vicinity of 1-84 interchange is a priority
development area.
Public Services, Utilities and Energy Resources:
3.1-
3.3 -
Medical facilities should be encouraged to locate within or nearby
commercial activity centers.
.., encourage medical professionals to locate their practice within the
City of Meridian...
Community Design:
1.4-
1.6-
4.4U -
Major entrances to the City should be enhanced and emphasized.
The addition of landscaping within existing commercial parking lots
should be encouraged.
Encourage landscaped setbacks for new development on entrance
corridors. The City shall require, as a condition of development
approval, landscaping along all entrance corridors.
5.
The requested zonir.; 0: Gtn~ral ?.etail and Service Commercial, (C-G)
is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER
BY: SONNTAG EYE ASSOCIATES
(C-G) General Retail and Service Commercial: The purpose of the (C-
G) District is to provide for commercial uses which are custOmarily
operated entirely or almost entirely within a bLlilding; to provide for a
review of the impact of proposed commercial uses which are autO and
service oriented and are located in close proximity to maior highwav or
arterial streets; to fulfill the need of travel-related services as well as
retail sales for the transient and permanent motOring public. All such
districts shall be connected to the Municipal 'Water and Sewer systems
of the City of Meridian, and shall not constitute strip commercial
development and encourage clustering of commercial development.
6.
That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B,
this Section lists the uses allowed in the various zoning districts of the City; that
Professional and Sales Offices are listed as permitted for offices as permitted uses in
the General Retail and Service Commercial (C-G) District.
Î.
That the City of Meridian Comprehensive Plan, under Uu'\J'D USE,
Mixed-Use Area at Eagle Road, in 5.16U, states that all development requests will be
subject to development review and conditional use permit processing to insure
neighborhood compatibility.
8.
By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and operate facilities on
this parcel of land,
9.
Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon th~ annexation of land. See Burt vs. The
City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
FINDINGS OF FACT AND CONCLUSIONS OF LAV; - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER
BY: SONNTAG EYE ASSOCIATES
to.
The development of the annexed land, if annexed, shall meet and
complv \\1t11 the Ordinances of the Citv of :V!eridian including, but not limited to:
Seccion 11-9-616 which pertains to development time schedules and requirements;
Seccion 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B
14., which pertains to pressurized irrigation systems.
I!.
The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
12.
Section 11-2417 D of the Zoning and Development Ordinance provides
in part as follows:
If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a ,\Titten
commitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parcel.
DECISION Al'JD 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:
I. This application is for annexation and zoning of 4.34 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
Al'JD DECISION AND ORDER GRANTING APPLICATION
FOR Al'JNEXATION Al'JD ZONING/ALLEN STREET CARE CENTER
BY: SONNT.J.G E'./E ASSJCLUES
2. That the City Attorney shall prepare for consideration by the City
Council the appropriate ordinance for the annexation and zoning designation. (C-G)
General Retail and Service Commercial Ordinance shall not be tìnallv approved by
the City Council until provisions of pam I and 3 of this order have been met; and
3. Developer enter into a Development Agreement that provides in the
event the conditions therein are not met by the Developer that the property shall be
subjeCt to de-annexation, vvith the City of Meridian which provides for the following
conditions of development to-wit:
3.2
3.3
3.4
3.5
3.1
Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance 11-9-605.M.
Plans will need to be approved by the appropriate irrigation/drainage
district, or lateral users association, with written confinnaÜon of said
approval submitted to the Public Works Department. No variances have
been requested for Üling of any ditches crossing this project.
Any exisÜng domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance
Section 5-Î -51 Î. Wells may be used for non-domestic purposes such as
landscape irrigation.
Applicant shall be required to dedicate all right-of-way along Allen
Street and Freeway Drive as required by ACHD prior to any building
permits being issued for this property.
Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation. The Development Agreement
shall specify minimum required landscape strip vvidths (as negotiated
between applicant and City of Meridian) along the west, south and east
boundaries of property.
Applicant to submit a revised legal description prepared by a Registered
Land Surveyor, Licensed by the State of Idaho, and confonning to all
the provisions of the City of Meridian Resolution No. 158, shovving the
subject site is contiguous to the Corporate City Limb of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
Ai'\JD DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER
BY: SONNTAG EYE ASSOCIATES
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code § 67 -65 2 I an affecêed person is a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning and who may within nventy-eight (28) days
after the date of this decision and order seek a judicial review as provided by Chapter
52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
I cJ fi-1-
day of
c? C/79 /; e ¡-
, 1999.
ROLL CALL
COUNCILlv1At'l RON ANDERSON
VOTED ~
COUNCILMAN GLENN BENTLEY
VOTED~
COUNCILMAN KEITH BIRD
VOTEDp-
COUNCILMAN CHARLIE ROUNTREE
VOTEDF-
IvIAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: /O'-/9-C11
VOTED -
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER
BY: SONNTAG EYE ASSOCIATES
MOTION:
APPRO\tTÕ:'7~ _DISAPPROYED:-
Copy served upon Applicant, the Planning and Zoning Depanmem, Public 'Norks
Depamne and the City Attorney.
By:
Dated: IO-/P-f9
FINDINGS OF FACT Ai"lD CONCLUSIONS OF lAW - Page 16
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER
BY: SONNTAG EYE ASSOCIATES
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