St. Lukes Regional Medical Center
PARTIES:
1.
2.
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DEVELOPMENT AGREEMENT
City of Meridian
St. Luke's Regional Medical Center
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this Zt Sp day of /vlM-cA... ,zPoo , by and between CITY OF
MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY", and
ST. LUKE'S REGIONAL MEDICAL CENTER, LTD., an Idaho non-profit corporation,
hereinafter called "DEVELOPER", whose address is 190 W. Bannock St., Boise, Idaho
83702.
1.
RECITALS:
1.1
1.2
1.3
1.4
1.5
WHEREAS, "Developer" is the sole owner, in law and/or equity,
of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit A, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and
WHEREAS, I.C. §67-651 lA, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the owner or "Developer" make a written commitment
concerning the use or development of the subject "Property"; and
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-2-4l6L and 11-2-4l7D, which
authorizes development agreements upon the annexation and/or re-
zoning ofland; and
WHEREAS, "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),
(Municipal Code of the City of Meridian); and
WHEREAS, "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
DEVELOPMENT AGREEMENT - I
1.6
1.7
1.8
1.9
1.10
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject "Property" held
before the Planning & Zoning Commission, and subsequently
before the City Council, include responses of government
subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and
comment; and
WHEREAS, City Council, the 5th day of July, 1994, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter
referred to as (the "Findings"); and
WHEREAS, the "Findings" require the "Developer" enter into a
development agreement before the City Council takes final action
on annexation and zoning designation; and
"DEVELOPER" deems it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement
was entered into voluntarily and at its urging and requests; and
WHEREAS, "City" requires the "Developer" to enter into a
development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is
in accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence
received by the "City" in the proceedings for annexation and
zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected property
owners and to ensure annexation and zoning designation is in
accordance with the Comprehensive Plan of the City of Meridian
adopted December 21,1993, Ordinance #629, January 4,1994, and
the Zoning and Development Ordinance codified in Title 11,
Municipal Code of the City of Meridian.
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as
herein provided for, unless the clear context of the presentation of the same requires
otherwise:
DEVELOPMENT AGREEMENT - 2
3.1
3.2
3.3
4.
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state ofIdaho, organized and existing by virtue
oflaw of the State ofIdaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
"DEVELOPER": means and refers to St. Luke's Regional
Medical Center, Ltd, an Idaho non-profit corporation, whose
address is 190 W. Bannock St., Boise, Idaho 83702, the party
developing said "Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit "A", attached hereto and by this reference
incorporated herein as if set forth at length.
USES PERMITTED BY THIS AGREEMENT:
4.1
4.2
The uses allowed pursuant to this Agreement are only those uses
allowed under "City'" s Zoning Ordinance codified at Section 11-
2-408 B 7 Meridian City Code which are herein specified as
follows:
For development of a hospital site and the remaining uses would
more than likely be used for physicians offices, ambulatory care,
diagnostic x-ray and laboratory facilities.
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "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 cornmencement
of construction of any buildings or improvements on the "Property" that require a
conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1
"Developer" shall develop the "Property" in accordance with the following
special conditions:
DEVELOPMENT AGREEMENT - 3
6.1.1
The owner or developer of any property annexed after the date of
enactment of this Ordinance shall have two (2) years from the date
of annexation to prepare and file a preliminary plat for the annexed
area. After the date of approval of the preliminary plat, the owner
or developer shall have one year within which to file his request for
approval of final plat. After approval of final plat, the owner or
developer shall have one year to begin construction of the public
utilities and one year thereafter to complete construction of those
public facilities. If the above timetable is not met, the property will
be subject to de-annexation, and owner or developer may be
required to go through the platting procedure again. Upon good
cause shown, the City Council may extend the above time limits.
6.1.2 All irrigation ditches, laterals or canals, exclusive of natural
waterways, intersecting, crossing or lying adjacent and contiguous,
or which canals, ditches or laterals touch either or both sides of the
area being subdivided, shall be covered and enclosed with tiling or
other covering equivalent in ability to detour access to said ditch,
lateral or canal.
6.1.3 Applicant shall provide by underground tile, or other satisfactory
underground conduit, pressurized irrigation water to each and
every lot within the subdivision; there shall be no cross-
connections between the domestic water lines and the irrigation
water lines that do not comply with Section 5-143 of the Revised
and Complied Ordinances of the City of Meridian.
6.1.4 Planting strips and reserve strips shall conform to the following:
Planting Strips: Planting strips shall be required to be placed next
to incompatible features such as highways streets, railroads,
commercial or industrial uses to screen the view from residential
properties. Such screening shall be a minimum of twenty feet (20')
wide, and shall not be a part of the normal street right of way or
utility easement.
6.1.5 Bicycle and pedestrian pathways shall be encouraged within new
developments as part of the public right of way or as separate
easements so that an alternative transportation system (which is
distinct and separate from the automobiles) can be provided
throughout the City Urban Service Planning Area. The Bicycle-
Pedestrian Design Manual for Ada County shall be considered
when reviewing bicycle and pedestrian pathway provisions within
developments.
DEVELOPMENT AGREEMENT - 4
6.1.6 Applicant shall be required to connect to Meridian water and sewer
and resolve how the water and sewer mains will serve the land.
6.1.7 The development of the property shall be subject to and controlled
by the Subdivision and Development Ordinance.
6.1.8 Applicant, or if required, or any assigns, heirs, executors or
personal representatives pay, when required, any impact,
development or transfer fees adopted by the City,
6.1.9 The conditions shall run with the land and bind the Applicant,
titled owners and their assigns.
6.2
"Developer" shall develop the "Property" in accordance with the
following restrictions:
6.2.1
Existing natural features which add value to residential
development and enhance the attractiveness of the community shall
be preserved in the design of the subdivision; and
In the case of planned unit developments and large scale
developments, the Commission may require sufficient park or open
space facilities of acceptable size, location and site characteristics
that may be suitable for the proposed development.
6.2.2 The extent and location of lands designed for linear open
space corridors shall be determined largely by natural features and,
to a lesser extent, by man-made features such as utility easements,
transportation rights of way or water rights of way. Landscaping,
screening or lineal open space corridors may be required for the
protection of residential properties from adjacent arterial streets,
waterways, railroad rights of way or other features. As improved
areas (landscaped), semi-improved areas (a landscaped pathway
only), or unimproved areas (left in a natural state), linear open
space corridors serve.
6.2.2.1 To preserve openness;
6.2.2.2. To interconnect park and open space systems within
rights of way for trails, walkways, bicycle ways'
6.2.2.3 To playa major role in conserving area scenic and natural
values, especially waterways, drainage ways and
natural habitat;
6.2.2.4 To buffer more intensive adjacent urban land uses;
6.2.2.5 To enhance local identification within the area due to the
intemailinkages; and
DEVELOPMENTAGREEMENT-5
6.2.2.6 To link residential neighborhoods, park areas and recreation
facilities.
Subdivision plats or development plans shall show the location of
any lineal open space corridors.
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" or "Developer"'s heirs, successors, assigns,
to comply with Section 6 entitled "Conditions Governing Development of subject
"Property" of this agreement within two (2) years of the date this Agreement is effective,
and after the "City" has complied with the notice a.IÌd 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" 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" and if the "Developer" fails
to cure such failure within six (6) months of such notice. A period
of time for compliance may be extended by "City" for just cause
and upon application for extension having been made by
"Developer" prior to the expiration of the applicable time period
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.
9. INSPECTION: "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 "Developer", "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
DEVELOPMENT AGREEMENT - 6
10.2
or terminated by the "City" upon compliance with the requirements
of the Zoning Ordinance.
A waiver by "City" of any default by "Developer" 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 cost, and submit proof of such recording to "Developer".
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", or by any successor or successors
in title or by the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
13.1
13.2
In the event of a material breach of this Agreement, the parties
agree that "City" and "Developer" shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the
non-breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which
cannot with diligence be cured within such thirty (30) day period, if
the defaulting party shall commence to cure the same within such
thirty (30) day period and thereafter shall prosecute the curing of
same with diligence and continuity, then the time allowed to cure
such failure may be extended for such period as may be necessary
to complete the curing of the same with diligence and continuity.
In the event the performance of any covenant to be performed
hereunder by either "Developer" 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
DEVELOPMENT AGREEMENT - 7
allowed under §12-5-3 of the Meridian City Code, to insure that installation of the
improvements, which the "Developer" agrees to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Developer" have entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates
of Occupancy shall be issued in any phase in which the improvements have not been
installed, completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "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:
DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
St. Luke's Regional Medical Center,
Attn: V.P. Corporate Development
190 E. Bannock St.
Boise, Idaho 83712
with copies to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
St. Luke's Regional Medical Center
Attn: Administrator
520 South Eagle Road, Suite 1000
Meridian, Idaho 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 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.
DEVELOPMENT AGREEMENT - 8
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 "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 "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 "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 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 - 9
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed .this
agreement and Made it effective as hereinabove provided.
Attest:
CITY OF MERIDIAN
BY RESOLUTION NO. :1//
msg/Z: \ W ork\M\Meridian 15360M\StLukes\DevelopAgr
DEVELOPMENT AGREEMENT - 10
STATE OF IDAHO)
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COUNTY OF ADA
STATE OF IDAHO )
f)... . f) . ~n this ~ day of J~, in the year droO , before me,
UJLI' J/"ffoUU I a Notary Public, personallfappeared Gary L. Fletcher, known or
identified 0 me to be the ExecutIve Vice-President ofSt. Luke's RegIOnal Medical Center,
Ltd., an Idaho non-profit corporation, who executed the instrument on behalf of said non-
profit corporation, and acknowledge to me having executed the same.
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(SEAL)
COUNTY OF ADA
STATE OF IDAHO )
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County of Ada
DEVELOPMENT AGREEMENT - 11
On this ~ day of r'r\tlr'cNv , in the year 20 0 Ó,
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 acknowledged to me that such City executed the same.
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EXHIBIT A
Legal Description Of Propertv
DEVELOPMENT AGREEMENT - 12
DESCRIPTION OF ALLEN PROPERTY
PARCEL 1
I
September 8, 1992
A parcel of land being that portion of the SW 1/4 of the NW 1/4 of Section 16, Township 3 North, Range
1 East of the Boise Meridian, Ada County, Idaho, lying north of the right-of-way of Interstate 84, east of the
right-of-way of S. Eagle Road and southerly and easterly of Montvue Park Subdivision, being more
particularly described as follows:
Commencing at the west 1/4 corner of Section 16, T.3N., R.1 E., B.M., thence N 0°30'52" W 1321.35 feet
to the intersection of the west line of said Section 16 and the southerly boundary of Montvue Park
Subdivision extended;
Thence S 89°35'25" E 69.59 feet to the intersection of the south line of Montvue Park Subdivision and the
easterly right-of-way of S. Eagle Road, the REAL POINT OF BEGINNING of this description;
Thence continuing S 89°35'25" E 941.72 feet to the southeast corner of Montvue Park Subdivision:
Thence N 0°20'17" W 2.21 feet to the intersection of the easterly line of Montvue Park Subdivision and the
north line of said SW 1/4 of the NW 1/4;
Thence S 89°26'11" E 336.32 feet to the northwest 1/16 corner fo said Section 16;
Thence S 0°21'56" E 1281.37 feet along the east line of said SW 114 of the NW 1/4 to a point on the
northerly right-of-way of Interstate 84;
Thence N 85°45'10" W 438.46 feet to an angle point in the northerly right-of-way of Interstate 84;
Thence S 89°09'38" W 758.53 feet to an angle point in the northerly right-of-way of Interstate 84;
Thence N 46°13'58" W 142.42 feet (formerly 141.43 feet) to an angle point in the easterly right-of-way of
S. Eagle Road;
Thence N 0°50'36" W 394.41 feet to an angle point in the easterly right-of-way of S. Eagle Road;
Thence S 89°09'24" W 5.00 feet to an angle point in the easterly right-of-way of S. Eagle Road;
Thence along said right-of-way on a curve to the right 432.62 feet, said curve having a radius 01 5659.58
leet, a central angle 014'22'47", tangent of 216.42 feet and a chord of 432.52 feet which bears N 01 '20'47"
E to a point of reversed curvature In the easterly right-aI-way of S Eagle Road;
Thence along said right-of-way on a curve to the left 342.87 feet, said curve having a radius of 5799.58
feet, a central angle of 3'23'14", tangents of 171.48 feet and a chord 01342.82 feet which bears N
01'50'33" E to the REAL POINT OF BEGINNING of this description.
920404
EXHfB'IT A
(
DESCRIPTION OF
ALLEN PROPERTY, MONTVUE PARK SUBDIVISION
ENCROACHMENT (PARCEL 2)
September 8,1992
Description for a parcel of land located in the SW 1/4 of the NW 1/4 of Section 16, Township 3 North,
Range 1 East of the Boise Meridian, being more particularly described as follows:
Commencing at the west 1/4 corner of Section 16, T.3N., R.1E., 8.M., thence N 0'30'52" W 1326.47 feet
to the N 1/16 corner common to Sections 16 and 17;
Thence S 89'26'11" E 69.65 feet along the north line of the SW 1/4 of the NW 1/4 of said Section 16 to
a point on the easterly right-of-way of S. Eagle Road, the REAL POINT OF BEGINNING of this description;
Thence continuing 5 89°26'11" E 941.73 feet to the intersection of the north line of said SW 1/4 and the
easterly line of Montvue Park Subdivision;
Thence S 0°20'17" E 2.21 feet to the southeast corner of Montvue Park Subdivision:
Thence N 89°35'25" W 941.72 feet along the south line of Montvue Park Subdivision to a point on the
easterly right-of-way of S. Eagle Road;
Thence along said right-of-way on a curve to the left 4.73 feet, said curve having a radius of 5799.56 feet,
a central angle of 0°02'48", tangents of 2.37 feet and a chord of 4.73 feet which bears N 0°07'33" E to the
REAL POI EGINNING of this description,
/:ç:,(~'\t.HED l1'.
Thiif;þiIf, ~~' 1'0'. 5 acres,.more or less.
920404
EXHIBIT B
Findine:s of Fact and Conclusions of Law/Conditions of ApDroval
DEVELOPMENT AGREEMENT - 13
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
ST. LUKES
ANNEXATION AND ZONING
PORTIONS OF SECTIONS 16 AND 17. T.) N.. R.1 E., B.M.
MERIDIAN. IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for consideration on April 26, 1994, at the hour of 7:30
o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and the Commission having heard and taken
oral and written testimony and the Applicant appearing through a
representative,
Wayne Forrey,
and
having duly considered the
matter, the Planning and Zoning Commission makes the following:
FINDINGS OF FACT
1.
That notice of public hearing on the annexation and
zoning was published for two (2) consecutive weeks prior to the
said public hearing scheduled for April
26,
1994,
the
first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the April 26,1994, hearing;
that the public was given full opportunity to express comments and
submit evidence; and that copies of all notices were made available
to newspaper, radio and television stations.
2.
That
the
property
included
in
the
application
for
annexation and zoning is described in the application, and by this
reference
is
incorporated herein;
that
the
entire
parcel
of
FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES
Page 1
property is approximately 147 acres in size; that the properties
are described in the application and are incorporated herein; for
purposes of these Findings and Conclusions the properties are
generally described as follows:
a.
b.
c.
d.
e.
Land owned by the Applicant, St. Lukes Medical Center,
described as a portion of the SW 1/4 NW 1/4 OF Section
16, Township 3 North, Range 1 East, Ada County, Idaho,
hereafter referred to as the "St. Lukes" property.
Land owned by the State of Idaho as a portion of
Interstate Highway I-84 described as a portion of the E
1/2 of Section 17 and the NW 1/4 of Section 16, Township
3 North, Range 1 East, Ada County, Idaho, hereafter
referred to as the "State" property.
Land owned by the Wurst Family Trust described as a
portion of the W 1/2 SE 1/4, section 17, Township 3
North~ Range 1 East, Ada County, Idaho, hereafter
referred to as the "Wurst" property.
Land owned by the Ronald G. Thomas Family Trust described
as a portion of the SE 1/4 of Section 17, Township 3
North, Range 1 East, Ada County, Idaho, hereafter
referred to as the "Thomas" property.
Land owned by Curtis and Kim Peck described as a portion
of the SE 1/4 SW 1/4 of Section 17, Township ~ North,
Range 1 East, Ada County, Idaho, hereafter referred to as
the "Peck" property.
3.
That the property is presently zoned by the County as
Rural Transition; that the Applicant, St. Lukes, has requested that
its property'be zoned LiIDited Office; the Application requests that
the State property be zoned General Retail and Service Commercial,
the Wurst and Thomas properties as R-15 Residential and the Peck
property as R-4; that at the hearing the representative indicated
that the Pecks desire that their property be zoned C-G, General
Retail and Service Commercial rather than R-4
and the Pecks
forwarded a letter to that effect on the 26th of April.
FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES
Page 2
4.
The general area surrounding the 167 acres of property is
used agriculturally and residentially; that much. of the residential
property is developed at less density than allowed in the R-4 zone.
5.
That the property is adjacent and abutting to the present
City limits; that the St. Lukes property is adjacent and to east of
Eagle Road; that the State property is I-84 and the interchange
land surrounding the I-84 and Eagle Road interchange; that the
Wurst and Thomas properties are between the east bound off-ramp if
I-84 and Overland Road; that the Peck property is between Overland
Road and I-84.
6.
The Applicant is the owner of record of its property as
are the other parties included in the'Application.
7.
That the property included in the annexation and zoning
application is within the Area of Impact of the City of Meridian.
8.
That the parcel of ground is included within the Mèridian
Urban Service Planning Area as the urban Service Planning Area is
defined in the Meridian Comprehensive Plan.
9.
That the Application requests that the entire parcel be
annexed and zoned as stated above; that the applicant indicated
that the intended development of its property was for a hospital
site but the rest of the uses were not exactly known but that it
would include things like physicians offices, ambulatory care,
service like diagnostic x-ray, and laboratory facilities is for R-4
residential; that the particular uses of the property included in
the
Application
were
not
specifically
addressed,
other
than
generally by means of the requested zoning.
FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES
Page 3
10.
That in the Rural Area section of the Comprehensive Plan,
Section 6.3,
it does state that land in agricultural activity
should so remain in agricultural activity until urban services can
be provided.
11.
That the property can be physically serviced with City
water and sewer, if the Applicant and the other property owners
extend the lines.
12.
Meridian City Engineer,
Ada County Highway District,
Nampa Meridian Irrigation District, and Shari Stiles, the Zoning
Administrator,
the
Meridian
police
Department,
Meridian
Fire
Department, the. Central District Health Department, and the Nampa
& Meridian Irrigation District submitted comments and such are
incorporated herein as if set forth in full.
13.
The
zoning Administrator
commented that
the
Limited
Office zoning requested by st. Lukes and the General Retail and
service Commercial requested for the State and now requested for
the Peck's, land was consistent with the goals of the comprehensive
Plan;
that
she
had
grave
reservations
about
the
R-1S
zoning
requests and that that type of zoning was not in compliance with
the Comprehensive plan and goals for this area; the City received
a letter from the attorney for James F. Griffin who owns property
in the vicinity the property requested to be annexed and zoned who
stated that Mr.
Griffin has some grave reservations about the
propriety
of
zoning
the
Thomas
and
Wurst
properties
R-1S
Residential.
14.
Gary Smith, city Engineer commented that sanitary sewer
FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES
Page 4
service to all of the parcels is designated to be from the 5 Mile
Interceptor as it is extended; that water service to the St. Lukes
property will most likely need to be from an extension of a 12 inch
diameter main in Eagle Road from Florence Street, approximately
6,000 feet to the North; that because of the parcels size, if the
Application
is
approved,
that it be conditioned on the City
receiving a positive result from the computer models analysis of
the projects impact on the water and sewer systems.
15.
That the particular zoning districts mentioned for this
annexation are described in the zoning Ordinance, 11-2-408 B. as
follows:
(R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of
the (R-4) District is to permit the establishment of low
density single-family dwellings, and to delineate those
areas where predominantly residential development has, or
is likely to occur in accord with the Comprehensive Plan
or the City, and to protect the integrity of residential
areas by prohibiting the intrusion of incompatible non-
residential uses. The (R-4) District allows for a
maximum of four (4) dwellings units per acre and requires
connection to the Municipal Water and Sewer systems of
the City of Meridian.
(R-15) Medium High Density Residential District: The purpose
of the (R-15) District is to permit the establishment of
medium-high density single-family attached and multi-family
dwellings at a density not exceeding fifteen (15) dwelling
units per acre. All such districts must have direct access to
a transportation arterial or collector, abut or have direct
access to a park or open space corridor, and be connected to
the Municipal Water and Sewer systems of the City of Meridian.
The predominant housing types in this district will be patio
homes, zero lot line single-family dwellings, townhouses,
apartment buildings and condominiums. .
,{,L-cQ) 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES
Page 5
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 non-
residential uses and high density residential uses, and is
thus a transitional use. Connection to the Municipal Water
and Sewer System of the City of Meridian is a requirement in
this district. . .
(C-G) General Retail and service Commercial: The purpose of
the (C-G) District is to provide for commercial uses which are
customarily operated entirely or almost entirely within a
building; to provide for a review of the impact of proposed
commercial uses which are auto and service oriented and are
located in close proximity to major highway or arterial
streets; to fulfill the need of travel-related services as
well as retail sales for the transient and permanent motoring
public. All such districts shall be connected to the
Municipal Water and Sewer systems of the City of. Meridian, and
shall not constitute strip commercial development and
encourage clustering of commercial development.
That the Meridian comprehensive Plan, Generalized Land
Use Map, shows that the st. Lukes land is to be used for commercial
16.
uses and for a medical facility; that it shows Thomas, Wurst and
Peck land as being used for mixed/planned use development.
17.
That the Meridian Comprehensive Plan, under Land Use,
Commercial policies, 4.8U, it states as follows:
"Encourage commercial uses, offices and medical-care uses to
locate in the Old Town district, business parks, shopping
centers and near high-intensity activity area, such as freeway
interchanges."
18.
That the Meridian Comprehensive Plan, under Land Use,
Mixed-Use Area Adjacent to I-84 and Overland Road, it states as
follows:
"These area are unique in that they are surrounded by
arterials, immediately adjacent to freeway (I-84), are
relatively level in topography, have a distinct linear shape,
and are greatly affected by contiguous industrial, residential
and commercial land uses. In order that compatible land uses
and efficient use of the land might occur, this corridor is
anticipated for a variety of planned, compatible mixed uses.
Probable mixed uses for the areas could be commercial,
Page 6
FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES
combined medium-t-high density residential ,open space uses
(as a means to buffer highway noise), tourist lodging,
industrial, office, medical, and related land uses."
19.
That the Meridian Comprehensive Plan, under Land Use,
Overland/I-84 Mixed-Use policies, it states as follows:
5.6
The development of a variety of compatible land
uses should be provided in specific plans and
proposals for future development.
5.9
Development in these areas should be based on
functional plans and proposals in order to ensure
that the proposed uses conform to the Comprehensive
plan policies and are compatible with the
surroundings neighborhoods.
The integrity and identity of any adjoining
residential neighborhood should be preserved
through the use of buffering techniques, including
screen plantings, open space and other landscaping
techniques.
5.8
5.10
Development should be conducted under Planned Unit
Development procedures and as conditional uses,
especially when two or more differing uses are
proposed.
5.15U
Because these areas are near I-84 and Overland
Road, high-quality visual appearance is essential.
All development proposals in this area will be
subject to design review guidelines and conditional
uses permitting procedures.
The mixed-use area in the vicinity of the
Overland/Eagle Road/I-84 interchange is a priority
development area.
5.14U
20.
That
in
1992
the
Idaho
State
Legislature
passed
amendments to the Local Planning Act, which in 67-6513 Idaho Code,
relating to subdivision ordinances, states as follows:
"Each such ordinance may provide for mitigation of the effects
of subdivision development on the ability of political
subdivisions of the state, including school districts, to
deliver services without compromising quality of service
delivery to current residents or imposing substantial
additional costs upon current residents to accommodate the
subdivision.";
FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES
Page 7
that
the
City of Meridian
is
concerned with the
increase
in
development that is occurring and with its impact on the City being
able to provide fire, police, emergency health care, water, sewer,
parks and recreation services to its current residents and to those
moving into the City; the city is also concerned that the increase
in population is burdening the schools of the Meridian School
District
which
provide
school
service
to
current
and
future
residents of the City; that the city knows that the increase in
population does not sufficiently increase the tax base to offset
the cost of providing fire, police, emergency health care, water,
sewer, parks and recreation services; and the City knows that the
increase in population does not provide sufficient tax base to
provide for school services to current and future students.
21.
That pursuant to the instruction, guidance, and direction
of the Idaho State Legislature,
the City may impose either a
development fee or a transfer fee on property, which if possible,
would be retroactive and apply to all development in the City,
because of the imperilment to the health, welfare, and safety of
the citizens of the City of Meridian.
22.
That Section 11-9-605 G 1. states as follows:
"Planting strips shall be required to be placed next to
incompatible features such as highways, railroads, commercial
or industrial uses to screen the view from residential
properties. Such screening shall be a minimum of twenty feet
(20') wide, and shall not be a part of the normal street right
of way or utility easement."
23.
That Section 11-9-605 H 3. states as follows:
"In the case of planned unit developments and large scale
developments, the commission may require sufficient park or
open space facilities of acceptable size, location and site
FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES
Page 8
that
be
suitable
for
the
proposed
characteristics
development."
24.
may
That Section 11-9-605 K states as follows:
"The extent and location of lands designed for linear open
space corridors should be determined by natural features and,
to lesser extent, by man-made features such as utility
easements, transportation rights of way or water rights of
way. Landscaping, screening or lineal open space corridors
may be required for the protection ot residential properties
from adjacent arterial streets, waterways, railroad rights of
way or other features. As improved areas (landscaped), semi-
improved areas (a landscaped pathway only), or unimproved
areas (left in a natural state), linear open space corridors
serve:
1.
2.
3.
4.
5.
6.
25.
To preserve openness;
To interconnect park and open space systems within rights
of way for trails, walkways, bicycle ways,
To playa major role in conserving area scenic
natural value, especially waterways, drainages
natural habitat;
and
and
To buffer more intensive adjacent urban land uses,
To enhance local identification within the area due to
the internal linkages; and
To link residential neighborhoods,
recreation facilities."
park
and
areas
That Section 11-9-605 L states as follows:
Bicycle and pedestrian pathways shåll be encouraged within new
developments as part of. the public right of way or as separate
easements so that an alternate transportation system (which is
distinct and separate from the automobile) can be provided
throughout the City urban Service Planning Area. The
Commission and Council shall consider the Bicvcle-pedestrian
Desiqn Manual for Ada' Countv (as prepared by Ada County
Highway District) when reviewing bicycle and pedestrian
pathway provisions within developments.
26.
That section 11-9-605 M., Piping of Ditches, requires
that all ditches, laterals or canals be tiled.
Pressurized
Irrigation
27.
That
section
11-9-606
14. ,
B
FINDINGS OF FACT AND CONCLUSIONS OF tAW/ST. LUKES
Page 9
System,
requires
that
underground
pressurized
irrigation
be
supplied in each subdivision.
28.
29.
That there was no testimony objecting to the Application.
That proper notice was given as required by law and all
procedures before the Planning and zoning commission were given and
followed.
CONCLUSIONS
1.
That
all
the
procedural
requirements
of
the
Local
Planning Act and of the Ordinances of the City of Meridian have
been met, including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2.
That the City of Meridian has authority to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian; that exercise of
the City's annexation authority is a Legislative function.
3.
That the Planning and zoning commission has judged this
annexation and zoning application under Section 50-222, Idaho Code,
Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it can take judicial notice.
4.
That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
5.
That
the
commission
may
take
judicial
notice
of
government ordinances,
and policies,
and of actual conditions
FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES
Page 10
existing within the City and State.
6.
That the land within the annexation is contiguous to the
present City limits of the City of Meridian, and the annexation
would not be a shoestring annexation.
7.
That the annexation application has been initiated by the
Applicant with the consent of the titled owners and the annexation
is not upon the initiation of the City of Meridian.
8.
That
since the
annexation and zoning of
land is
a
legislative function, the City has authority to place conditions
upon the annexation of land.
Burt vs. The citv of Idaho Falls, 105
Idaho 65, 665 P.D 1075 (1983).
9.
That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in particular
Section 11-9-616, which pertains to development time schedules and
requirements, 11-9-605 M. which pertains to the tiling of ditches
and waterways, and 11-6-606 B 14, which pertains to pressurized
irrigation.
10.
That the proposed uses of the st. Lukes' and the State
properties, determined from the requested zoning, are in compliance
with the Comprehensive Plan, and therefore those annexations and
zonings are in conformance with the Comprehensive Plan; that the
use of the Peck property for a R-4 Residential use is not in
compliance with the Comprehensive plan, but the use of General
Retail and Service commercial, as requested on the date of the
hearing, would be; that whether or not the requests by the Thomas'
and the Wursts for an R-1S Residential use are in compliance with
FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES
Page 11
the
Meridian
Comprehensive
Plan
depends
on whether
they
are
conducted under a planned uni t development procedures and as
conditional uses, as suggested in the Comprehensive Plan.
11.
It is concluded as stated. above in paragraph 19 of the
Findings,
that development in these, areas should be based on
functional plans and proposals in order to ensure that the proposed
uses conform to the Comprehensive Plan policies and are compatible
with the surroundings neighborhoods; no plans were submitted with
the annexation application showing the development of the Wurst and
Thomas properties and thus it is difficult to zone the property
without knowing the type of proposed development; that it is,
however, concluded that the lack of plans for the property should
not be an impediment to its annexation, but the development of the
property must be controlled as a condition of annexation.
12.
That the requiremerits of the Meridian city Engineer, the
requirements of 11-9-605 G 1., planting strips, 11-9-605 H, park or
open space, 11-9-605 K, linear open space, 11-9-605 L, pedestrian
pathways, 11-9-605 M, and 11-9-606 B 14., pressurized irrigation
shall be met and addressed in a development Agreement.
13.
That all ditches, canals, and waterways shall be tiled
and pressurized irrigation installed as a condition of annexation
and if not so done the property shall be subject to de-annexation.
14.
That
the Applicant
will
be
required to connect
to
Meridian water and sewer and resolve how the water and sewer mains
will serve the land; that the development of the property shall be
subject to and controlled by the Subdivision and Development
FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES
Page 12
Ordinance; that, as a condition of annexation, the Applicant shall
be required to enter into a development agreement as authorized by
11-2-416 Land 11-2-417 D; that the development agreement shall
address the inclusion of these conclusions, and other matters, as
a condition of
annexation,
require that the Applicant,
or if
required,
any
assigns,
heirs,
executors
or
personal
representatives, pay, when required, any impact, development, or
transfer
fee,
adopted
by
the
city;
that
there
shall
be
no
annexation until the requirements of this paragraph are met or, if
necessary, the property shall be subject to de-annexation and loss
of City services, if the requirements of this paragraph are not
met.
15.
That these conditions shall run with the land and bind
the applicant, the titled owners, and their assigns.
16.
with compliance of the conditions contained herein, the
annexation and zoning, as requested, would be in the best interest
of the City of Meridian; provided, however, that the annexation and
zoning of the Thomas and Wurst properties shall be conditioned on
development
being
conducted
under
Planned
Unit
Development
procedures and as conditional uses; it is specifically concluded
that in this area a commercial use would be more appropriate than
the R-15 proposed use; that the commission, believes however, that
the use of the property is more the decision of the land owner as
long as it is in compliance with the Comprehensive Plan.
17.
That if these conditions of approval are ,.¡w:& met the
IIOt'
property shall be subject to de-annexation,
FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES
Page 13
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and'Conclusions.
ROLL CALL
COMMISSIONER HEPPER
VOTED ~t!::'P
VOTED
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
VOTED '-1177
VOTED 1 i:7
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the City Council of the City of Meridian that they approve the
annexation and zoning as stated above for the property described in
the application with the conditions set forth in the Findings of
Fact and Conclusions of Law, specifically that the Thomas and Wurst
properties shall be conditioned on development being conducted
under Planned Unit Development procedures and as conditional uses,
and that the Applicant and owners be specifically required to tile
all
ditches,
canals
and waterways
and install
a pressurized
irrigation system as
a condition of annexation and that the
Applicant meet all of the Ordinances of the City of Meridian,
specifically
including
the
development
time
requirements
and
entering
into
the
required
development
agreement,
and
the
FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES
Page 14
conditions of these Findings and Conclusions of Law, and that if
the conditions are not met that the property be de-annexed.
MOTION:
APPROVED:
/'
l v.ft-
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES
Page 15
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these Findings of
Fact and Conclusions this 5th
day of July, 1994.
ROLL CALL
COUNCILMAN MORROW
COUNCILMAN YERRINGTON
:;:~ ~:
VOTED .14
VOTED~
VOTED-
COUNCILMAN CORRIE
COUNCILMAN TOLSMA
MAYOR KINGSFORD (TIE BREAKER)
(INITIAL)
APPROVEDb
.jjIK
DISAPPROVED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - ST. LUKE'S ANNEXATION
~