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HomeMy WebLinkAboutMontvue Medical AZ Dev Agrmtt ~ M ADA COUNTY RECORDER J. DAVID NAVARRO 32 BDISE IDANO 09130!03 02:16 PM DEPUfY HalhY Ingraham MeridanECiryREOUESTOF III IIIIIIIII(IIIIIIIIIIIVIIIIIIIIIII AMOUNT .00 103165978 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. SJJV, L.L.C., an Idaho Limited Liability Company, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this1~ day of f rnl~.Gi , 2003, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and SJJV, L.L.C., an Idaho Limited Liability Company, whose address is 4344 N. Nines Ridge Lane, Boise, Idaho 83702, hereinafter called "OWNER/DEVELOPER". RECITALS: 1.1 WHEREAS, "Owner/Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, 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, LC. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner/Developer"make awritten commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property" described in Exhibit A, and has requested a designation of (L-O) Limited Office District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner/Developer" made representation at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 1 OF 16 subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Propert}~' held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 0~' day of j42"" 6 , 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 1.8 WHEREAS, the "Findings" require the "Owner/Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER/DEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and .requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" and "Applicant" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Propert}~' is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from govenunent subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the amended 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. DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 2 OF 16 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to SJJV, L.L.C., an Idaho Limited Liability Company, whose address is 4344 N. Nines Ridge Lane, Boise, Idaho 83702, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be annexed and zoned L-O, and the owner's property is described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (G.) which are herein specified as follows: Development of a medial office to be known as Montvue Medical Clinic on 1.37 acres. DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 3 OF 16 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" 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: 6.A "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: Annexation and Zonine Conditions of Annroval 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All future development or re-development of the subject property shall be in accordance with City of Meridian ordinances in effect at the time of development. A CZC shall be required from the City prior to re-development of the subject property to a use permitted within the L-O zone. All other uses of the property may be allowed only upon approval of a conditional use permit. 3. The issues shall be addressed pertaining to uses and other development impacts of the property and include language similar to other development agreements in an L-O zone. It shall be required that the building construction and site layout shall be in substantial conformance with the site plan presented with the application. A minimum 29-foot wide, permanent, open, vehicular roadway connecting S. Montvue Drive with St. Luke's Drive must be constructed prior to any Certificate of Occupancy issued on the site. DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 4 OF 16 4. The applicant shall be required to construct sanitary sewer and water mains in the private road to comply with the "to and through" policy of the City of Meridian. Proper easements will be required over the utility locations. B. Adopt the Recommendations of ACRD as follows: Anticipated Site-Specific Conditions The following conditions are intended to cover the District policies that will pertain to any development proposal for this site. Upon the receipt of a development application in the future for this site the District intends to include the following conditions and may add additional conditions that may also apply to this site. 1. Dedicate an additional ?-feet ofright-of--way for Montvue Drive abutting the site and widen Montvue Drive abutting the site to one-half of a 40-foot street section and construct curb, gutter and sidewalk. 2. Construct any driveways on Montvue Drive a minimum of 50-feet from any intersection. Any driveways on Montvue Drive should be constructed to be a maximum of 35-feet wide. Pave any driveway(s) abutting public streets to their full width and at least 30-feet into the site beyond the edge of pavement of Montvue Drive. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be home 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 aze not allowed unless approved in writing by the District. Contact Construction Services at 387- 6280 (with file numbers) for details. DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 5 OF 16 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two 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 subj ect 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. DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 6 OF 16 C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All roads shall have a turning radius of 28' inside and 48' outside. 4. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. We would request that the private road be given a name and the property addressed off of that street. Provide a vertical clearance of 13'6" in drive thru azeas. D. Adopt the Recommendations/Comments of Sanitary Service as follows: Is it possible for the service vehicle to approach or exit the water enclosure on the south side of the facility, vehicles are 9' wide and 38' feet long. 2. No enclosure plans have been submitted. 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/Developer" or "Owner/Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Propert}~' 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 LC. § 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 7 OF 16 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consent 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/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "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. 10. DEFAULT: 10.1 In the event "Owner/Developer", "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 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 "Owner/Developer" 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 "Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 8 OF 16 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: "Cit}~' 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/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe 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 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure maybe extended for such period as maybe necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 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 Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner/Developer" agrees to provide, if required by the "City". DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 9 OF 16 15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" has 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/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 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: 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 83642 OWNER/DEVELOPER: SJJV, L.L.C., an Idaho Limited Liability Company 4344 N. Nines Ridge Lane Boise, Idaho 83702 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 maybe granted, to court costs and reasonable attorney's DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 10 OF 16 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/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "Cit}~', in its sole and reasonable discretion, had determined that "Owner/Developer" 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. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. 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 DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 11 OF 16 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. DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 12 OF 16 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER/DEVELOPER: SJJV, L.L.C, an Idaho Limited Liability Company BY: Attest: BY:~~ CITY OF MERIDIAN BY: ~G~„ de 6t/~Er.~.d.- /ii,G~C ~o ti,,,,wG l'/~l~~.,~, Attest: \\\`\~y OF ~~~~~~/''' ,b Cis \~GOaQOR9r~ ~~'. .~ ~ , CITY CLERK v ~'~ . 90 ~G,c'^ r ~ ~t , 1^ ```, ~O ,. ,~,, c~;.:~ „TV , ,., DEVELOPMENT AGREEMENT (AZ-03-0045''~~rurni ^n«a~~ PAGE 13 OF 16 STATE OF IDAHO, ) :ss County of Ada ) On this 1 b day of rjp~}~apnV~t , in the year 2003, before me, a Notary P`ublifc, personally appeared ~}~ il pXSkc` and ~a.~.;1: ~BYm+~ known or identified to me to be the (\-i~„u.e,F~~..~ Me~w,k~. and l~v•~~•-~~ of SJJV, L.L.C., an Idaho L>mited Liability Company, and t e persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said SJJV, L.L.C, an Idaho Limited Liability Company. eda„d». a~ o~ ,~~, 7T16gd ~ L) -•- ~ ~, ~bb,LO~ '/~'j `p' •NNM X17~ •~~ STATE OF IDAHO ) :ss County of Ada ) Notary Public fo Idah Residing at: ~ lse Commission expires: -r 28 zoa On this 2 ~ r`I day of ¢Q,yv~hut , in the year 2003, before me, a Notary Public, personally appeared r,P,~ 'e an~i William G. Berg, known or identified to me to be lie ~r4a~er ~3~,~rk~ rep pective y of the City of c~ ~ .< t Meridian, who executed the instrul~ent or t e persons that executed the instrument on behalf of said City, and acknowledged to me that such City. executed the same. ~~ (SEAL) ' ~, " ^ ~ rY~ c~: ; Notary Public for Idaho f :,.r ~.~tJBS.tC~•~ Residing at: ,~(ac ~AU,v~~l;'~X.c-Pn.~ •.~.q~',pF~•; Commission expires: ,/ ~~~ Z:\Work1M\MeridianlMeridian I5360M1Montvue Medical Clinic AZ-03-0041DevelopAgr.doc - DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 14 OF 16 EXHIBIT A Leeal Description Of Property A parcel of land for the purpose of annexation being Lot 2 and the East 40.00 of Lot 3 and the south and easterly half of Montvue Road adjacent to said Lots all being in Block 5 of Montvue Park Subdivision as recorded in Book 17 of Plats at Pages 1107 and 11081ocated in the NW '/4 of Section 16, T.3N., R.lE., B.M., Ada County, Idaho and more particularly described as follows: Beginning at a 5/8 inch rebaz mazking the SE comer of said Lot 2 thence along the South line of said Lots N88°46'46" W a distance of 287.35 feet to a point; Thence leauing said South line N00°00'42" E a distance of 176.92 feet to a point on the centerline of said Montvue Road; Thence along said centerline S89°04'00" E a distance of 40.33 feet to a point; Thence along the arc of a curve to the left having a radius of 39.47 feet, an arc length of 62.58 feet, a central angel of 90°50'47", and a chord bearing N45°30'37" E a distance of 56.23 feet to a point; Thence leaving said centerline S89°04'00" E a distance of 207.55 feet to the NE corner of said Lot 2; Thence along the East line of said Lot 2 S00°11'07" W a distance of 218.41 feet to the POINT OF BEGINNING. Said parcel contains 1.37 acres more or less and is subject to all existing easements andrights-of--way of record or implied. DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 15 OF 16 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Aunroval DEVELOPMENT AGREEMENT (AZ-03-004) PAGE 16 OF 16 BEFORE THE MERIDIAN CITY COUNCIL C/C OS-06-03 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 1.37 ACRES FOR ) PROPOSED MONTVUE MEDICAL ) CLINIC, LOCATED AT 360 EAST ) MONTVUE DRIVE, MERIDIAN, ) IDAHO ) PINNACLE ENGINEERS, INC., ) APPLICANT } Case No. AZ-03-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on May 6, 2003, at the hour of 7:00 p.m., and Brad Hawkins-Clark Planner III for the Planning and Zoning Department, JoAnn Butler, and Thora Willis, 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 C+rder: FINDINGS OF FACT 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 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adapted August 6, 2002, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTWE MEDICAL CLINIC (AZ-03-004) PAGE 1 OF 16 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 annexation and zoning is described in the application, is approximately 1.37 acres in size and is located at 360 East Montvue Drive, Meridian, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The owner of record of the subject property is Patricia Ruyf, 360 East Montvue Drive, Meridian, Idaho 83642. Developer is SJJV, L.L.C., c/o Mark Bottles Real Estate, 5418 North Eagle Road, Suite 160, Boise, Idaho 83713. Applicant is Pinnacle Engineers, Inc. (Clint Boyle), 12552 W. Executive Drive, Ste. B, Boise, Idaho 83713. 5. The property is presently zoned R-1 (Ada County), and consists of residential property. 6. The Applicant requests the property be zoned as L-0 (Limited Office District). The subject property is bordered to the nortr- and west by Montvue Subdivision consisting of 1+ acre residential lots, zoned R-1 (Ada County), to the south by St. Luke's Medical Complex, zoned L-O, to the east by Meadow Lake Village, zoned L-O. 8. The Applicant proposes to develop the subject property in the following manner: medical office. 9. The Applicant requests zoning of the subject real property as L-O, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Commercial. 10. There are no significant or scenic features of major importance that affect the consideration of this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-03-004) PAGE 2 OF 16 11. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: Annexation and Zoning Conditions of Approval 1. Remove any existing domestic wells andlor septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services aze available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All future development or re-development of the subject property shall be in accordance with City of Meridian ordinances in effect at the time of development. A CZC shall be required from the Cityprior to re-development of the subject property to a use pemutted within the L-0 zone. All other uses of the property maybe allowed only upon approval of a conditional use permit. 3. A Development Agreement shall be required for this annexation and shall address uses and other development impacts of the property and include language similar to other development agreements in an GO zone. The agreement shall require the building construction and site layout to be in substantial conformance with the site plan presented with the application. A minimum 29-foot wide, permanent, open, vehicular roadway connecting S. Montvue Drive with St. Luke's Drive must be constructed prior to any Certificate of Occupancy issued on the site. (Revised per City Council's action taken at their May 6, 2003 meeting.} 4. The applicant shall be required to construct sanitary sewer and water mains in the private road to comply with the "to and through" policy of the City of Meridian. Proper easements will be required over the utility locations. B. Adopt the Recommendations of ACHD as follows: Anticipated Site-Specific Conditions FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTWE MEDICAL CLINIC {AZ-03-004} PAGE 3 OF 16 The following conditions are intended to cover the District policies that will pertain to any development proposal for this site. Upon the receipt of a development application in the future for this site the District intends to include the following conditions and may add additional conditions that may also apply to this site. 1. Dedicate an additional 7-feet ofright-of--way for Montvue Drive abutting the site and widen Montvue Drive abutting the site to one-half of a 40-foot street section and construct curb, gutter and sidewalk. 2. Construct any driveways on Montvue Drive a minimum of 50-feet from any intersection. Any driveways on Montvue Drive should be constructed to be a maximum of 35-feet wide. Pave any driveway(s) abutting public streets to their full width and at least 30-feet into the site beyond the edge of pavement of Montvue Drive. 3. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation casts associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old aze not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZANING MONTWE MEDICAL CLINIC (AZ-03-004) PAGE 4 OF 16 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACRD right-of- way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled} are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District, 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: Provide afire-flow per the Uniform Fire Code Appendix 1TT-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department- 3. All roads shall have a turning radius of 28' inside and 48' outside. 4. All access roads within the proj ect shall have a clear driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 FIlVDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTV[JE MEDICAL CLINIC {AZ-03-004) PAGE 5 OF 16 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. W e would request that the private road be given a name and the property addressed off of that street. 7. Provide a vertical clearance of 13'6" in drive thru areas. D. Adopt the Recommendations/Comments of Sanitary Service as follows: 1. Is it possible for the service vehicle to approach or exit the water enclosure on the south side of the facility, vehicles are 9' wide and 38' feet long. 2. No enclosure plans have been submitted. 12. The Comprehensive Plan depicts the subjectgropertyas"Commercial"ontheFuture Land Use Map, allowing the applicant to request an L-O (Limited Office) zoning designation and remain in compliance with the Comprehensive Plan. R is found that the requested medical office use is incompliance with the adopted Comprehensive Plan. 13. It is not anticipated that the applicant intends to rezone the subject property in the future. 14. It is found that the proposed medical affice%linic will be allowed as a permitted use within the requested L-O zone. 15. The recently approved (8102) Comprehensive Plan depicts the entire Montvue Subdivision as future commercial land. Many of the home owners within the Montvue Subdivision testified at public hearings for the Comprehensive Plan that they wanted a commercial designation for the entire subdivision and the City agreed with them. Montvue Subdivision has only one (1} paint of ingress and egress, located on Eagle Road, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVIJE MEDICAL CLIIVIC {AZ-03-004) PAGE 6 OF 16 approximately 320' south of Franklin. This entrance into the subdivision is not easily accessible to vehicles traveling south on Eagle Road due to the high number of vehicles that stack up at the Franklin and Eagle intersection. Additionally, it is very difficult to make a left hand turn out of the subdivision onto Eagle Road. The proposed annexation would provide a secondary vehicular connection to Eagle Road from the Montvue Subdivision. The traffic light located at St. Luke's Drive and Eagle Road will help facilitate traffic movement for the existing residential and future commercial traffic. St. Luke's and other medical uses are located within the same area and have been developed or proposed in a similar fashion to the proposed annexation. Review of the St. Luke's private drive history within the ACRD report on pages 3-6 provides additional information regarding the surrounding developments. 16. It is found that the proposed medical use will be designed appropriately to match with the intended character of the general vicinity. The two story office building is different from the adjacent single family houses; however, it is designed to be harmonious with the St. Luke's buildings on the south side of the subject property. The proposed change in the existing character of the area is in fiannony with the intended future land use envisioned by the Comprehensive Plan. 17: It is not anticipated that the proposed medical office use will be hazardous or disturbing to future or existing neighbors, as long as the recommended conditions of approval are complied with. The proposed private street will connect to a public street (Montvue Drive) to a private street (St. Luke's Drive) and will create additional vehicle trips into and out of the subdivision across the new private street. One by-product of the new road, whether it is constructed as a private road or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVIJE MEDICAL CLINIC (A~03-004) PAGE 7 OF 16 _, public road, wilt be the possible use of the road for cut-through traffic. In the near future Montvue Subdivision will connect with the Touchmark Senior Housing Project to the west, therebyproviding access to Franklin Road. The roadway, when complete, will allow motorists to avoid the Eagle and Franklin intersection by cutting through the Montvue Subdivision. The increase in traffic may be disturbing to the homeowners near the subj ect property, but the increase of traffic near the subj ect property will not be a result of the proposed use, as most motorists will use St. Luke's priva#e drive to access the subject property and not enter the subdivision. Future commercial uses within Montvue will have a greater impact on the number of vehicles within the subdivision. 18. It is found that the property to be annexed will lie served adequately by alI essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacentproperties. Review of the ACRD and Fire Deparhnent's comments concerning this subdivision will provide further information regarding public services when the properly develops. 19. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 20. It is found that the proposed annexation and use will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare ofthe surrounding area. The fact is also that traffic will increase on St. Luke's private road and that is an issue that will need to be worked out between the Neighborhood and the Hospital. I t i s not anticipated that the traffic generated by the proposed office use will be detrimental to the public welfare of the city. Z1. It is found that the new private street connection between the hospital and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND 20NING MONTWE MEDICAL CLINIC (AZ-03-004) PAGE 8 OF 16 neighborhood will help to reduce the existing problem of accessing Montvue Subdivision by providing a secondary access controlled by an intersection. The access to the office will affect traffic on the existing private street and will impact the traffic light on Eagle Road. It is found that the proposed use will not create significant interference, but the addition of other commercial uses within the subdivision may create a burden on the public street system if improvements are not made to the traffic light and Eagle Road. Review of ACRD comments will provide concern of vehicular approaches and traffic generation. 22. It is found that no natural or scenic features of major importance will be lost or damaged by approving the annexation and re-zone. Any existing trees larger than 4"caliper that are removed shall be mitigated for, per the Landscape Ordinance. 23. It is found that the annexation of this property would be in the best interest of the City. 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. 11, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 25. It is also found that the development considerations as referenced in Finding No. 11 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in FIIVDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZOAiING MONTWE MEDICAL CLINIC (AZ-63-004) PAGE 9 OF lb 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 The City of Meridian has authority to annex real property upon written request for annexation and the real properly 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 "Local Land Use Planning 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 following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals 1 through 10, inclusive. The zoning of Medium Density Residential (R-8) is defined in the Zoning Ordinance at § 11-7-2 D as follows: 2-O~ Limited Office District: The purpose of the L-0 District is to permit the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTWE MEDICAL CLINIC {AZ-03-004) PAGE 10 OF 16 establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-0 District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, l OS Idaho 65, b6S P2d 1075 (1983). 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 11-16-4 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. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE A$OVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The apglicant's request for annexation and zoning of approximately 1.37 acres to Limited Office (LO) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 1.37,acres. The legal description FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTWE MEDICAL CLINIC {AZ,03-004) PAGE 11 OF 16 ~~ - shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met 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-annexation, 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: Annexation and Zoning Conditions of A~p~roval 1. Remove any existing domestic wellsand/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All future development or re-development of the subject property shall be in accordance with City of Meridian ordinances in effect at the time of development. A CZC shall be required from the City prior to re-development of the subject property to a use permitted within the L-O zone. All other uses of the property maybe allowed only upon approval of a conditional use permit. 3. A Development Agreement shall be required for this. annexation and shall address uses and other development impacts of the property and include language similar to other development agreements in an L-O zone. The agreement shall require the building construction and site layout to be in substantial conformance with the site plan presented with the application. A minimum 29-foot wide, permanent, open, vehicular roadway connecting S. Montvue Drive with St. Luke's Drive must be constructed prior to any Certif cote of Occupancy issued on the site. (Revised per City Council's action taken at their May 6, 2D03 meeting.) 4. The applicant shall be required to construct sanitary sewer and water mains in the private road to comply with the "to and through" policy of the City of Meridian. Proper easements will be required over the utility locations. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECLSION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTWE MEDICAL CLINIC (AZ-03-004) PAGE 12 OF 16 ~ ~ n B. Adopt the Recommendations of ACHD as follows: Anticipated Site-Specific Conditions The following conditions are intended to cover the District policies that will pertain to any development proposal for this site. Upon the receipt of a development application in the future for this site the District intends to include the following conditions and may add additional conditions that may also apply to this site. Dedicate an additional ?-feet ofright-of--way for Montvue Drive abutting the site and widen Montvue Drive abutting the site to one-half of a 40-foot street section and construct curb, gutter and sidewalk. 2. Construct any driveways on Montvue Drive a nunimum of 50-feet from any intersection. Any driveways on Montvue Drive should be constructed to be a maximum of 35-feet wide. Pave any driveway(s) abutting public streets to their full width and at least 30-feet into the site beyond the edge of pavement of Montvue Drive. 3. Comply with all Standard Conditions of Approval. 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 abutfing the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepaze and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTWE MEDICAL CLINIC (AZ-03-004) PAGE 13 OF 16 ~ i• r 6. The applicant shall submit revised plans for staffapproval, prior to issuance of building permit (or other required permits}, which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342- 1585) at least two 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. Na 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 properly unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All roads shall have a fuming radius of 28' inside and 48' outside. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTWE MEDICAL CLINIC (AZ-03-004} PAGE 14 OF 16 ~ y~ 4, All access roads within the project shall have a clear driving surface with a minirnum width of 20' available at all times. UFC 902.2.2.1 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 401.3 6. We would request that the private mad be given a name and the property addressed off of that street. 7. Provide a vertical clearance of 13'6" in drive thm areas. D. Adopt the Recommendations/Comments of Sanitary Service as follows: 1. TS it possible for the service vehicle to approach or exit the water enclosure on the south side of the facility, vehicles are 9' wide and 38' feet long. 2. No enclosure plans have been submitted. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation ofthe real property which is the subj ect of the application to (L-O) Limited Office District, and Meridian City Code § 11-7-2. 5. Subsequent to the passage of the Ordinance provided forin section 4 ofthis Orderthe engineering staffof the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION 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 aperson 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 withintwenty-eight (28) days after the date of this decision and order seek a judicial review as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTViJE MEDICAL CLINIC (AZ-03-004) PAGE 15 OF 16 ~ l r provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~6~ day of ~~~ , 2003. ROLL CALL COUNCII,MAN KEITH BIltD COUNCLWOMAN TAMMY deWEERD COUNCILWOMAN CREATE Mc LANDLESS COUNCILMAN WILLWM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 5-2A-o3 MOTION: APPROVED:_~ DLSAPPROVED: Attest: William G. Berg, dr., City Clerk Copy served upon Applicant, the the City Attorney. ,~,~` By; ?~tna City Clerk ,,~'4 Of ~'''~. cA~~,°w-~',~ ~~ VOTED~0. VOTED 7 Jipail~ VOTED UPG VOTED ~.(,~Cv VOTED~----~ ,~r --~ /~ "CAmtiwug d,e Weu-d ,. ~-1cA CoLw~.ee l '~reS,o~~t Public Works Department and ~`~'i Z:1WarkUNlMeridisnlMeridien FINDINGS OF FACT AND CONCLU'S'~©~ ~`A~W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-03-004) PAGE 16 OF 16