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St. Alphonsus Medical Center RZ 00-010 PARTIES: 1. 2. RËCORDED.REQU~ ADf, COUNTY RECORDER J. W?n;¡~";':\31"O 3q ~ fEE22:0EPUTY .. . ~ îúö/Ã1J 213 ~ 9: 13 ~ I 02098 I 30 MERIDIAN CITY DEVELOPMENT AGREEMENT City of Meridian Saint Alphonsus Regional Medical Center THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this~ day of July ,2,OQ2-, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and SAINT ALPHONSUS REGIONAL MEDICAL CENTER, an Idaho nonprofit corporation, hereinafter called "OWNER/DEVELOPER", whose address is 1055 North Curtis Road, Boise, Idaho 83706. 1. RECITALS: l.l 1.2 WHEREAS, "Owner/Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A. which is attached hereto and by this reference incorporated herein as ifset forth in full, herein after referred to as the "Property"; and WHEREAS, r.c. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "OwnerlDeveloper" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has e.,"{ercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Limited Office District (L-O), (Meridian City Code §§ 11- 7-2 G); and DEVELOPMENT AGREEMENT (RZ-OO-OIO) -I 1.5 1.6 1.7 1.8 1.9 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and WHEREAS, record of the proceedings for the requested re-zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and '2001 WHEREAS, City Council, the 6th day of March , ~, 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, both the "Findings" require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on re-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 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the 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 re-zoning designation DEVELOPMENT AGREEMENT (RZ-OO-O1O) -2 from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 3.2 ". 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 of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. "DEVELOPER"/"OWNER": means and refers to SAINT ALPHONSUS REGIONAL MEDICAL CENTER, an Idaho nonprofit corporation, whose address is 1055 North Curtis Road, Boise, Idaho 83706, the party developing and owning said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT (RZ-OO-OIO) -3 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 Sections 11-7-2 G which are herein specified as follows: (Loa) Limited Office District: The purpose of the L-O District is to permit the 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-O 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. With the further restriction that all uses and development of the subject real property shall be governed under the conditional use permit process as a planned development. For the construction and development of an ambulatory care center. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer"/"Owner" have 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, DEVELOPMENT AGREEMENT (RZ-OO-OIO) -4 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 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 and rezoning, with the City of Meridian which provides for the following conditions of development to-wit: 6.A Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 6.1 " , The following conditions pertain to the proposed bank site: a. The bank parcel, as configured, has been shown for conceptual approval within the context of the proposed rezone. If there are significant modifications, as determined by staff, at the time a specific banl( and site configuration are determined, such modifications shall require application for a modification of the current CUP/PUD application. As a modification, the bank parcel shall be reviewed on its own merit and either approved or denied without jeopardizing or compromising the approval of the current CUP/PUD application for Saint Alphonsus Medical Office Building. Significant modifications shall include, but not be limited to, expansion of the total building square footage, addition of any drive-thru aisles, change in building height (e.g. anything above single story), etc. Additionally, in the event a banl( project does not materialize, then applicant shall be allowed to DEVELOPMENT AGREEMENT (RZ-OO-OIO) - 5 ". 6.2 develop any other principally allowed L-O use on that parcel, subject to staffs review and approval. If the nature of such a development were determined by staff to exceed the conceptual intent of the current CUP/PUD, then that change would also be require a modification as noted above. To clarify, any such modification shall be reviewed on its own merit. To clarify, the bank parcel is conceptual at this point. . Any future development or action on this parcel is intended to be independent of the current application and approvals, specifically the ambulatory care/medical office building portion. The banl( parcel, in no way, shall jeopardize the ability to proceed with the balance of the development. b. The construction materials for the proposed bank must include metal roofing and either brick or brick veneer. The material color palette presented are conceptual at this time. Applicant has freedom to modify colors in the future, subject to staffs review. c. All required parking stalls and landscaping must be located within the boundaries of the future bank parcel. As proposed, the row of nine (9) stalls along the east boundary of the bank parcel have no access to the banlc Applicant has updated the Master Site Development Plan providing an access point through the landscape berm along the east property line of the bank parcel to allow more direct access from these (9) parking stalls to the bank. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells DEVELOPMENT AGREEMENT (RZ-OO-OIO) -6 6.3 6.4 6.5 6.6 6.7 6.8 may be used for non-domestic purposes such as landscape irrigation. Off street parking shall be provided in accordance with the city of Meridian ordinance 11-13 for use of undeveloped lots. Outside lighting shall be designed and placed in accordance with City Ordinance Sections 1I-13-4.c. and 12-5-2.M. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557,10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 6.9 ". , Construct a 30 to 35-foot wide right-in/right-out driveway on Ten Mile Road located approximately 220-feet south of the signalized intersection at Cherry Lane as proposed. Construct a six-inch raised median in the center of Ten Mile Road, from a point 10-feet south of the stop bar at the intersection to a point approximately 40-feet south of the southern edge of driveway. The median shall be constructed to NOT restrict the existing driveways on Ten DEVELOPMENT AGREEMENT (RZ-OO-OIO) -7 Mile Road. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. 6.10 Construct a 30 to 35-foot wide right-in/right-out driveway on Cherry Lane located approximately 230-feet east of the signalized intersection at Ten Mile Road as proposed. Construct an on-site median to restrict the driveway to right-in/right-out operations. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. Sign the driveway for right turn movements. The applicant may construct this driveway a maximum width of 40-feet to accommodate the on-site median. 6.11 Construct a 46-foot wide driveway on Cherry Lane located to align or offset a minimum of ISO-feet from any existing or proposed driveways. Submit a site plan that indicates existing driveway locations on the north side of Cherry Lane to verify that the proposed driveway meets District policy. The eastern most driveway on Cherry Lane shall be shifted approximately 60 feet to the east to accommodate this policy. The revised Master Site Development Plan reflects this change. An island is required within the driveway and should be constructed a minimum of 4-feet wide and located outside of the public right-of-way. " 6.12 Construct a 30 to 35-foot wide driveway on Cherry Lane located to align or offset a minimum of ISO-feet from any existing or proposed driveways. Submit a site plan that indicates existing driveway locations on the north side of Cherry Lane to verify that the proposed driveway meets District policy. 6.13 Pave all ofthe driveways their full width and at least 30- feet into the site beyond the edge of pavement with 15- foot curb radii. DEVELOPMENT AGREEMENT (RZ-OO-OIO) - 8 6.14 Replace any unused curb cuts on Ten Mile Road or Cherry Lane with standard curb, gutter and concrete sidewalk to match existing improvements. 6.15 Replace any damaged curb, gutter and/or sidewalk on Cherry Lane or Ten Mile Road with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 6.16 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 6.17 Other than the access points specifically approved with this application, direct lot or parcel access to Ten Mile Road or Cherry Lane is prohibited. Adopt the additional action of the Council from their February 20,2001, meeting by incorporating the Applicant's letter of 02/12/01 as follows: 6.18 Pertaining to the site lighting, the applicant shall comply with the ordinance requirements, and specifically, the site lighting shall be designed so that light does not directly reflect or spill over into adjacent residential districts, that the site lighting arrangement shall be approved by the City Engineer and that applicant comply with the listed site lighting standards. A Conceptual Site Lighting Plan has been submitted to show the proposed site lighting arrangement, light levels and fixture types, and is on file with the City Clerk's office. ". , 6.19 The "Hours of Business Operation" shall be defined as "Hours during which the facility is actually open for business and patients are on the premises being seen or treated." Additionally, to clarify facility maintenance, before or after hours staff preparation or other similar activities occurring when the facility is not open for DEVELOPMENT AGREEMENT (RZ-OO-OIO) -9 business are not subject to "Hours of Business Operation" restrictions. 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 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"/"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 failure to comply with this Agreement to "Developer"/"Owner" and if the "Developer"/"Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer"/"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 all other ordinances of the "City" that apply to said Development. " 10. DEFAULT: 10.1 In the event "Developer"/"Owner", "Developer"'s/"Owner's" heirs, successors, assigns, or DEVELOPMENT AGREEMENT (RZ-OO-OIO) -10 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'ï"Owner" of anyone 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 rezoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the rezoning 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 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer"/"Owner" shall DEVELOPMENT AGREEMENT (RZ-OO-OIO) -11 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 =ed 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. 13.2 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, strilœs 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 "Developer" agrees to provide, if required by the "City". " , 15. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer"/"Owner" 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 reversal of the zoning if the owner or his DEVELOPMENT AGREEMENT (RZ-OO-OIO) - 12 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: OWNER/DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Saint Alphonsus Regional Medical Center 1055 North Cunis Road Boise, Idaho 83706 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. " , 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Coun 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 DEVELOPMENT AGREEMENT (RZ-OO-OIO) - 13 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", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "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 "OwnerlDeveloper" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "OwnerlDeveloper" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". ". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has DEVELOPMENT AGREEMENT (RZ-OO-OIO) -14 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 (RZ-OO-OIO) - 15 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. SAINT ALPHONSUS REGIONAL MEDICAL CENTER, an Idaho nonprofit corporation BY:~~ Sandra Bruce, President and CEO Attest: Secretary BY RESOLUTION NO.- CITY OF MERIDIAN Attest: J~~~~. City Clerk BY RESOLUTION NO.- " , DEVELOPMENT AGREEMENT (RZ-OO-OIO) -16 STATE OF IDAHO :ss COUNTY OF ADA On this~ay of ;:(',.0.... , in the year 2002, before me, a Notary Public, in and tor said St'àte, personally appeared Sandra Bruce and , known or identified to me to be the President/CEO and Secretary of Saint Alphonsus Regional Medical Center, an Idaho nonprofit corporation that executed the instrument or the persons who executed the instrument on behalf of said corporation, and acknowledged to me tha~ such corporation executed the same. /: .~ :.:~.:.:-:::£.~~;;>'c ,{/ .~~~~£S;} ~<:~:-:;:;..~~~,./ .."""., ....., ~ C~ -.a t o.4~ ~L~ Not Public for Idaho Residing at: A.ci.o.. CD~~ Commission expires: It") ¿ro-^-'-'n .. d..C::O~ r- STATE OF IDAHO :ss County of Ada ) On this '20* day of .---.AU'1f M- before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and aclœowledged to me that such City executed the same. , in the year 2002, (SEAL) ........ ~.~!,jp.~N-f~.. .~~:;o 't~;:-(~~ :~í , ': : i J' : ~ \ : .. ~..!'om.,~/Ã>... . ; .f)¡1i---iQ)¥... ....R!'..... $hld(fh Wu'-/t¡ Notary Public for Idaho Commission expires: 1./ ~ zg -OS ". DEVELOPMENT AGREEMENT (RZ-OO-O1O) - 17 EXHIBIT A Legal Description Of Property A parcel of land located in Section 11, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho more particularly described as follows: Commencing at the comer common to Sections 2, 3, 10 and II of Township 3 North, Range I West of the Boise Meridian, Ada County, Idaho from which point the North I/4 comer of said Section II bears South 89°03'40" East a distance of 2653.23 feet; thence South 00°00'00" West along the westerly boundary line of said Section 11 a distance of 300.00 feet; thence leaving said Section line South 89°03'40" East a distance of 45.01 feet to the TRUE POINT OF BEGINNING; thence South 89°03'40" East a distance of 681. I 4 feet; thence South 00°00'00" West a distance of 274.92 feet; thence South 89°20'00" East a distance of 416.35 feet; thence North 00°00'00" East a distance of 522.38 feet to a point on the southerly right-of-way line of Cherry Lane; thence along said southerly right-of-way line, North 89°07'31" West a distance of 1067.02 feet; thence South 44°30'45" West a distance of 43.47 feet to a point on the easterly right-of-way line of Ten Mile Road; thence along said easterly right-of-way line South 00°00'00" West a distance of 216.74 feet to the POINT OF BEGINNING. Said parcel contains 386,613 square feet or 8.88 acres more or less. ". , DEVELOPMENT AGREEMENT (RZ-OO-OIO) - 18 EXHIBIT B EiillJings of Fact and Conclusions of Law/Conditions of Approval Z:\Work\M\MeridianlMeridian 15360MlStAls RZO1OCUPO56\DevelonA",forRZ ". \ DEVELOPMENT AGREEMENT (RZ-OO-OIO) - 19 BEFORE THE CITY COUNCIL OF TIlE CITY OF MERIDIAN ClC 02.20-01 IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY 8.88 ACRES FOR PROPOSED AMBULATORY CARE CENTER, LOCATED AT THE SOUTHEAST CORNER OF TEN MILE ROAD AND CHERRY LANE, MERIDIAN, IDAHO Case No: RZ-OO-OIO FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE ST. ALPHONSUS REGIONAL MEDICAL CENTER, APPLICANT The above enútled matter on the rezoning application of 8.88 acres having come on for public hearing on February 20, 2001, at the hour of 6:30 o'clocl( p.m., and Council having received the report of Brad Hawkins-Clark, Planner for the Planning and Zoning Department and Bruce Freckleton, Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant were Mike Ondracek, Darrell Fugate, Doug Racine and Wes Smith, and appearing in favor of the application was Dennis Durant, and those appearing in opposition, with coinments and/or concerns were Dwayne Lingel, Penny Hanson, Brian IGndell, and Robert Morrision, and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R-4 TO L-O ST. AL'S AMBULATORY CARE CENTER! (RZ-OO.OIO) . 1 Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, 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, Decision and Order: FINDINGS OF FACf 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for February 20, 200], before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and 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 February 20, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the plaruùng jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF B.BB ACRES FROM R.4 TO L.O ST. AL'S AMBULATORY CARE CENTER! (RZ.OO-OIO) - 2 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-65 II, and Meridian City Code §§ Il-I5.5 and ll-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title II and Title 12, 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 is approximately 8.88 acres in size. The property is generally located at the southeast corner of Ten Mile Road and Cherry Lane, Meridian, Idaho, and is described as follows: A parcel of land located in Section 11, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho more particularly described as follows: Commencing at the corner common to Sections 2, 3, 10 and II of Township 3 North, Range I West of the Boise Meridian, Ada County, Idaho from which point the North 1/4 corner of said Section II bears South 89°03'40" East a distance of 2653.23 feet; thence South 00°00'00" West along the westerly boundary line of said Section 11 a distance of 300.00 feet; thence leaving said Section line South 89'03'40" East a distance of 45.01 feet to the TRUE POINT OF BEGINNING; thence South 89°03'40" East a distance of 681.14 feet; thence South 00'00'00" West a distance of 274.92 feet; thence South 89°20'00" East a distance of 416.35 feet; thence North 00'00'00" East a distance of 522.38 feet to a point on the southerly right-of-way line of Cherry Lane; thence along said southerly right-of-way line, North 89'07'31" West a distance of 1067.02 feet; thence South 44°30'45" West a distance of 43.47 feet to a point on the easterly right-of-way line of Ten Mile Road; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R-4 TO LoO ST. AL'S AMBULATORY CARE CENTER I (RZ-OO-OlO) .3 thence along said easterly right-of-way line South 00°00'00" West a distance of 216.74 feet to the POINT OF BEGINNING. Said parcel contains 386,613 square feet or 8.88 acres more or less. 5. The owner of record of the subject property is St. Alphonsus Regional Medical Center, Boise, Idaho. 6. The Applicant is owner of record. 7. The property is presently zoned as R-4, and is fallow agricultural. 8. The Applicant requests the property be rezoned to L-O. 9. The proposed site is surrounded by a church and residential subdivision to the north, a church and residential subdivision to the south, a residential subdivision to the east and retail uses to the west. 10. The subject property is within city limits of the City of Meridian. 11. The entire parcel of the property is inciuded within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the s\lbject property in the following manner: construction of an ambulatory care center. 13. The Applicant's requested rezorùng of the subject real property as L-O is consisteIÍ.t with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 14. There are no significant or scenic features of major importance FINDINGS OF FACT AND CONCLUSIONS OF lAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF S.SS ACRES FROM R-4 TO L-O ST. AL'S AMBULATORY CARE CENTER! (RZ.OO-OIO) -4 that affect the consideration of this application. IS. In review of the application for rezone it is provided at Meridian City Code § 11-15.1 !for the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 15.1 The new zoning will be hannonious with and in accordance with the Comprehensive Plan; 15.2 The area included in the zoning amendment is not intended to be rezoned in the future; 15.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area, subject to the conditions of the conditional use process; 15.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 15.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 15.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 15.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons. property or the general welfare by reason of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION .AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R-4 TO L-O ST. AL'S AMBULATORY CARE CENTER! (RZ-OO-OIO) - 5 excessive production of traffic, noise. smoke. fumes, glare or odors; 15.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 15.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 15.10 The proposed zoning will be in the best interest of the City of Meridian. 15.2 Staff conditions provide as follows: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 15.2.1 The Applicant shall be required to enter into a Development Agreement with the City. 15.2.2The following conditions pertaining to the proposed bank site shall be included in the Development AgTeement: a. The bank parcel, as configured, has been shown for conceptual approval within the context of the proposed rezone. If there are significant modifications, as determined by staff, at the time a specific bank and site configuration are determined, such modifications shall require application for a modification of the current CUP/PUD application. As a modification, the bank parcel shall be reviewed on its own merit and either approved or denied without jeopardizing or comproInising the approval of the current CUP/PUD application for Saint Alphonsus Medical Office Building. Significant modifications shall include, but not be linùted to, expansion of the total building square footage, addition of any drive-thru aisles, change in building height (e.g. anything above single story), etc. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R-4 TO L-O ST. AL'S AMBULATORY CARE CENTER/ (RZ-OO-OlO) .6 Additionally, in the event a bank project does not materialize, then applicant shall be allowed to develop any other principally allowed 1-0 use on that parcel, subject to staffs review and approval. If the nature of such a development were determined by staff to exceed the conceptual intent of the current CUP/PUD, then that change would also be require a modification as noted above. To clarify, any such modification shall be reviewed on its own merit. To clarify, the bank parcel is conceptual at this point. Any future development or action on this parcel is intended to be independent of the current application and approvals, specifically the ambulatory care/medical office building portion. The bank parcel, in no way, shall jeopardize the ability to proceed with the balance of the development. b. The construction materials for the proposed bank must include metal roofing and either brick or bricl( veneer. The material color palette presented are conceptual at this time. Applicant has freedom to modify colors in the future, subject to staffs review. c. All required parking stalls and landscaping must be located within the boundaries of the future bank parcel. As proposed, the row of nine (9) stalls along the east boundary of the bank parcel have no access to the bank. Applicant has updated the Master Site Development Plan providing an access point through the landscape berm along the east property line of the bank parcel to allow more direct access from these (9) parking stalls to the bank. l5.2.3Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. l5.2.40ff street parking shall be provided in accordance with the city of Meridian ordinance 11-13 for use of undeveloped lots. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R-4 TO L-O ST. AL'S AMBULATORY CARE CENTER! (RZ-OO-OIO) - 7 15.2.5 Outside lighting shall be designed and placed in accordance with City Ordinance Sections 11-13-4.C. and 12.5-2.M. 15.2.6A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 15.2.7 All signage shall be in accordance with the standards set forth in Section 11.14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 15.2.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K 15.2.9All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 15.2.10Constnlct a 30 to 35-foot wide right-inlright-out driveway on Ten Mile Road located approximately 220-feet south of the signalized intersection at Cherry Lane as proposed. Construct a six-inch raised median in the center of Ten Mile Road, from a point IO-feet south of the stop bar at the intersection to a point approximately 40-feet south of the southern edge of driveway. The median shall be constructed to NOT restrict the existing driveways on Ten Mile Road. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. 15.2.1 1 Construct a 30 to 35-foot wide right-inlright-out driveway on Cherry Lane located approximately 230-feet east of the signalized intersection at Ten Mile Road as proposed. Construct an on-site median to restrict the driveway to right-inlright-out operations. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. Sign the driveway FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R-4 TO L-O ST. AL'S AMBULATORY CARE CENTER! (RZ-OO-OlO) - 8 for right turn movements. The applicant may construct this driveway a maximum width of 40-feet to accommodate the on- site median. IS.2.12Construct a 46-foot wide driveway on Cherry Lane1ocated to align or offset a minimum of ISO-feet from any existing or proposed driveways. Submit a site plan that indicates existing driveway locations on the north side of Cherry Lane to verify that the proposed driveway meets District policy. The eastern most driveway on Cherry Lane shall be shifted approximately 60 feet to the east to accommodate this policy. The revised Master Site Development Plan reflects this change. .An island is required within the driveway and should be constructed a minimum of 4- feet wide and located outside of the public right-of-way. 15.2.13Construct a 30 to 35-foot wide driveway on CherryLane located to align or offset a minimum of ISO-feet from any existing or proposed driveways. Submit a site plan that indicates existing driveway locations on the north side of Cherry Lane to verify that the proposed driveway meets District policy. 15.2.14Pave all of the driveways their full width and at least 30-feet into the site beyond the edge of pavement with IS-foot curb radii. 15.2.ISReplace any unused curb cuts on Ten Mile Road or Cherry Lane with standard curb, gutter and concrete sidewalk to match existing improvements. IS.2.16Replace any damaged curb, gutter and/or sidewalk on Cherry Lane or Ten Mile Road with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be detennined by ACHD Construction Services staff. IS.2.17Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 15.2. 180ther than the access points specifically approved with this application, direct lot or parcel access to Ten Mile Road or FINDINGS OF FACT AND CONCLUSIONS OF lAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF S.SS ACRES FROM R-4 TO L-O ST. AL'S AMBULATORY CARE CENTER/ (RZ-OO-OIO) -9 Cherry Lane is prohibited. Adopt the additional action of the Council from their February 20, 2001, meeting by incorporating the Applicant's letter of 02112101 as follows: 15.2. 19Pertaining to the site lighting, the applicant shall comply with the ordinance requirements, and specifically, the site lighting shall be designed so that light does not directly reflect or spill over into adjacent residential districts, that the site lighting arrangement shall be approved by the City Engineer and that applicant comply with the listed site lighting standards. A Conceptual Site Lighting Plan has been submitted to show the proposed site lighting arrangement, light levels and fixture types, and is on file with the City Oerk's office. 15.2.20The "Hours of Business Operation" shall be defined as "Hours during which the facility is actually open for business and patients are on the premises being seen or treated." Additionally, to clarify facility maintenance, before or after hours staff preparation or other similar activities occurring when the facility is not open for business are not subject to "Hours of Business Operation" restrictions. CONCLUSIONS OF LAW 1. The Council may talœ judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. 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. 3. The requested zoning of Limited Office District, (L-O) is defined in the Zoning Ordinance at 11-7-2 G as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF B.BB ACRES FROM R-4 TO L-O ST. AL'S AMBULATORY CARE CENTER! (RZ-OO-OW) -10 (£.0) Limited Qflice District: The purpose of the 1-0 District is to permit the 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 1-0 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. 4. Idaho Code § 67-65!I provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, induding school districts, within the City's plaIUÙng jurisdiction and that it is in conformance with the Comprehensive Plan. 5. Idaho Code § 67 -6511A provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or pemút as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. 6. The City of Meridian by the adoption of Meridian City Code § 11-15-12 has exercised its authority to require or permit as a condition ofrezoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R-4 TO L.O ST. AL'S AMBULATORY CARE CENTER! (RZ-OO-OJO) -11 that an owner or developer make a written commitment concerning the use or development of the subject property. 7. § 11-6-1 ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 7.2 7.3 7.4 8. Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of- way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. § 11-15-110f the Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF B.88 ACRES FROM R-4 TO L-O ST. AL'S AMBULATORY CARE CENTER/ (RZ-OO-oIO) -12 8.4 8.5 8.6 8.7 8.8 8.9 The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in tenns of the following standards and shall fmd adequate evidence answering the following questions about the proposed zoning amendment: 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new zoning. There has been no change in the area or adjacent areas which would dictate the area should be rezoned. The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The proposed uses will not be hazardoùs or disturbing to existing or future neighboring uses; The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R.4 TO L-O ST. AL'S AMBULATORY CARE CENTER I (RZ-OO.OlO) - 13 or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 8.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 The proposed zoning amendment is in the best interest of the City of Meridian. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approximately 8.88 acres for construction and development of an ambulatory care center is granted, subject to the terms and conditions of this Order hereinafter stated; and 2. The following special terms and conditions of use and development relate to this application to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 2.1 The Applicant shall be required to enter into a Development Agreement with the City. 2.2 The following conditions pertaining to the proposed bank site shall be included in the Development Agreement: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROV At OF REZONING OF 8.88 ACRES FROM R.4 TO L-O ST. AL'S AMBULATORY CARE CENTER/ (RZ-OO-OlO) .14 a. The bank parcel, as configured, has been shown for conceptual approval within the context of the proposed rezone. If there are significant modifications, as determined by staff, at the time a specific bank and site configuration are determined, such modifications shall require application for a modification of the current CUP/PUD application. As a modification, the bank parcel shall be reviewed on its own merit and either approved or derued without jeopardizing or compromising the approval of the current CUP/PUD application for Saint Alphonsus Medical Office Building. Significant modifications shall include, but not be limited to, expansion of the total building square footage, addition of any drive-thru aisles, change in building height (e.g. anything above single story), etc. Additionally, in the event a bank project does not materialize, then applicant shall be allowed to develop any other principally allowed L-O use on that parcel, subject to staffs review and approval. If the nature of such a development were determined by staff to exceed the conceptual intent of the current CUP/PUD, then that change would also be require a modification as noted above. To clarify, any such modification shall be reviewed on its own merit. To clarify, the bank parcel is conceptual at this point. Any future development or action on this parcel is intended to be independent of the current application and approvals, specifically the ambulatory care/medical office building portion. The bank parcel, in no way, shall jeopardize the ability to proceed with the balance of the development. b. The construction materials for the proposed bani, must include metal roofing and either brick or brick veneer. The material color palette presented are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R-4 TO 1-0 ST. AL'S AMBULATORY CARE CENTER! (RZ-OO-OIO) .15 2.3 2.4 2.5 2.6 2.7 2.8 conceptual at this time. Applicant has freedom to modify colors in the future, subject to staffs review. c. All required parking stalls and landscaping must be located within the boundaries of the future bank parcel. As proposed, the row of nine (9) stalls along the east boundary of the bank parcel have no access to the bank. Applicant has updated the Master Site Development Plan providing an access point through the landscape berm along the east property line of the bank parcel to allow more direct access from these (9) parking stalls to the bank. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Off street parking shall be provided in accordance with the city of Meridian ordinance 11-13 for use of undeveloped lots. Outside lighting shall be designed and placed in accordance with City Ordinance Sections ll-13-4.C. and l2-5-2.M. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R-4 TO 1-0 ST. AL'S AMBULATORY CARE CENTER I (RZ-OO-OIO) .16 2.9 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 2.10 Construct a 30 to 35-foot wide right-irv'right-out driveway on Ten Mile Road located approximately 220-feet south of the signalized intersection at Cherry Lane as proposed. Construct a six-inch raised median in the center of Ten Mile Road, from a point lO-feet south of the stop bar at the intersection to a point approximateiy 40-feet south of the southem edge of driveway. The median shall be constructed to NOT restrict the existing driveways on Ten Mile Road. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. 2.11 Construct a 30 to 35-foot wide right-irv'right.out driveway on Cherry Lane located approximately 230-feet east of the signalized intersection at Ten Mile Road as proposed. Construct an on-site median to restrict the driveway to right-irv'right-out operations. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. Sign the driveway for right turn movements. The applicant may construct this driveway a maximum width of 40-feet to accommodate the on-site median. 2.12 Construct a 46-foot wide driveway on Cherry Lane located to align or offset a minimum of ISO-feet from any existing or proposed driveways. Submit a site plan that indicates existing driveway locations on the north side of Cherry Lane to verify that the proposed driveway meets District policy. The eastern most driveway on Cherry Lane shall be shifted approximately 60 feet to the east to accommodate this policy. The revised Master Site Development Plan reflects this change. An island is required within the driveway and should be constructed a minimum of 4-feet FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R-4 TO L-O ST. AL'S AMBULATORY CARE CENTER! (RZ-OO-OIO) - 17 wide and located outside of the public right.of.way. 2.13 Construct a 30 to 35.foot wide driveway on Cherry Lane located to align or offset a minimum of 150-feet from any existing or proposed driveways. Submit a site plan that indicates existing driveway locations on the north side of Cherry Lane to verify that the proposed driveway meets District policy. 2.14 Pave all of the driveways their full width and at least 30- feet into the site beyond the edge of pavement with 15. foot curb radii. 2.15 Replace any unused curb cuts on Ten Mile Road or Cherry Lane with standard curb, gutter and concrete sidewalk to match existing improvements. 2.16 Replace any damaged curb, gutter and/or sidewalk on Cherry Lane or Ten Mile Road with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 2.17 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 2.18 Other than the access points specifically approved with this application, direct lot or parcel.access to Ten Mile Road or Cherry Lane is prohibited. Adopt the additional action of the Council from their February 20,2001, meeting by incorporating the Applicant's letter of 02J12101 as follows: 2.19 Pertaining to the site lighting, the applicant shall comply with the ordinance requirements, and specifically, the site lighting shall be designed so that light does not directly reflect or spill over into adjacent residential districts, that the site lighting arrangement shall be approved by the City Engineer and that applicant comply with the listed site lighting standards. A Conceptual Site Lighting Plan has FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF S.SS ACRES FROM R-4 TO L.O ST. AL'S AMBULATORY CARE CENTER! (RZ-OO-OIO) - 18 been submitted to show the proposed site lighting arrangement, light levels and fixture types, and is on file with the City Oerk's office. 2.20 The "Hours of Business Operation" shall be defined as "Hours during which the facility is actually open for business and patients are on the premises being seen or treated." Additionally, to clarify facility maintenance, before or after hours staff preparation or other similar activities occurring when the facility is not open for business are not subject to "Hours of Business Operation" restrictions. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation of the zoning for the real property which is the subject of the application to (L-O) Limited Office District (Meridian City Code § 11-7-2 G) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in Section 3 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code § 11-21.1 in accordance with the provisions of the rezoning 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 being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the fINDINGS OF FACT AND CONCLUSIONS OF lAW AND DECISION AND ORDER OF APPROVAL OF REZONiNG OF 8.88 ACRES FROM R-4 TO L-O ST. AL'S AMBUlATORY CARE CENTER! (RZ-OO.Ol 0) -19 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 6*-- day of ;ntJÆd- ,2001. ROLL CALL COUNCILMAN RON ANDERSON VOTED~ VOTED ~'-- COUNCILMAN KEITH BmD COUNCILWOMAN TAMMY deWEERD VOTED~ VOTED~ COUNCILWOMAN CHERIE McCANDLESS MAYOR ROBERT CORRIE (TIE BREAIŒR) DATED: ;5-6-&{ VOTED- MOTION: APPROVED:~ DISAPPROVED:- Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ~dI.~þ~ ~ City Clerk Dated: mswZ:\WorklMlMer;dianlMeridian 1 5360M\StAls RZO1OCUPO56\FfsClsOrderREZ FINmNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R.4 TO L.O ST. AL'S AMBULATORY CARE CENTER! (RZ-OO-oIO) -20