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Sonntag Eye Associates AZ 99-014 .~ PARTIES: 1. 2. ~~~ fŒCOROED-REOUESTOF / :'OA CO. UNTY RÉCOtfu'E~ 1ðf7¡; "ì - :ßf J. DAVIQ NAVARRO ~ ~nc B()1~ìr:.IDAHO F c:.E__DEPUTY. ..'. 2ßOOJL-6 PH 1:25 o<.~ffl 00052718 DEVELOPMENT AGREEMENT City of Meridian John R. Sonntag and Alberta Sonntag, Developer/Owner THIS DI:"ELOPMENT AG EMENT (this "Agreement"), is made and entered into this~ day of '2Pòo . by and between CITY OF MERIDIAN, a municipal corporation of eState ofIdaho, hereafter called "CITY", and JOHN R. SONNTAG AND ALBERTA SONNTAG, husband and wife, whose address is,8878 N. Tumbleweed, Boise, Idaho 88718, hereinafter called "DEVELOPER/OWNER". 1. RECITALS: 1.1 1.2 1.8 1.4 1.6 WHEREAS, "Developer" is the sole !>wner, in law and/or equity, of certain tractofland in the County of Ada, State ofIdaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and WHEREAs, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition ofre-roning 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 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and roning of land; and WHEREAS, "Developer" rOwner" has submitted an application fur annexation and roning of the "Property" s described in Exhibit A, and has requested a designation of General Retail and Service Commercial (C-G), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" /"Owner" made representations at the public hearings both befure 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 fur the requested annexation and roning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently ~=~.~~~.- '~~~~'~'_"~~M" 1.8 1.9 1.10 before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the ¡q-J:!' day ofOtfvhe.r. 1999, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and WHEREAS, the "Findings" require the "Developer" ¡"Owner" enter into a development agreement befure the City Council takes fmal action on annexation and roning 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" I"Owner" to enter into a development agreement fur 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 roning designation from government subdivisi!>ns providing services within the planningjurisdiction and from affected property owners and to ensure annexation and roning designation is in accordance with the Comprehensive Plan !>fthe City of Meridian adopted December 21,1998, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City !>f 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 furth in full. 8. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be deemed and interpreted as herein provided fur, unless the clear context of the presentation of the same requires otherwise: ~-~. ~~.~.- .~~~~.~.- ,,- ~ no.. 8.1 8.2 8.8 8.4 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government suhdivision of the state ofIdaho, organized and existing by virtue oflaw of the State ofIdaho, whose address is 88 East Idaho Avenue, Meridian, Idaho 88642. "DEVELOPER": means and refèrs to John R. Sonntag and Alberta Sonntag, husband and wife, whose address is SS7S N. Tumbleweed, Boise, Idaho 88718, 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. "OWNER": means and refers to John R. Sonntag and Alberta Sonntag, husband and wife, whose address is 8S78 N. Tumbleweed, Boise, Idaho 88718, the owners of said "Property". 4. USES PERMITTED BY TIllS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Section ll- 2-408 B 11, Meridian City Code which are herein specified as follows: Construction and development of a 60,000 sq. ft. medical office building intended to house professional tenants and six operating rooms fur outpatient surgery. 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" I"Owner" has submitted to "City" an application fur conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. -=~ ~-_.- ._--~.-.- ,.- - ^'., ~ C(JNDrrroNS GO~G D~ OF SUJUEC" PROPERTY' "Do""""- r~ -........'" -..-"" .. -- ... the tòllowing special. conditions: 6.1 An'J _0 """,,..n/"-" ..-. _;no'" 1""1"'" ;n be"'-" on."""""" be """ P" Ci", - "... 606.M- plans will need to be approved by the appropriate ..........."""" .-... ~ -" -, --- w"" written confu-mation of said approval submitted to the Public W- ~ No ...-. .... .- ""'- .., ..... of any ditches crossing tbÏII project. 6.!! AnY -. - - ""', ~ """" .,.- .- ... ...... will .... b> '" --' - .... - ,.",..,. po< City Ordinance Section 6-'1-617. Wells may be used fur non- domestic purposes such as landscape irrigatwn. 6.5 ....-,.............. .."'- 011 ri,-"""'" ...., - ..... ... .-<1 )riW » ........ by ACBD"'" .. any building pertnits being issued for this property. .!qIplicant sball be required to enter into a Development ...-' - ... CitY » . 00""" .r __no "" Development ~ment shall specify minilllum required "..,..,. ,<rip ..- (» ~.."'" ...- ..,.- t .... Ci<)' of Meridian) along the west, south and east boundaries of property. 6.4 6.5 ""-' .. -- . ....... ",go! -- ,....... by . -"""" ,.... ...".".,. L-"'" by "" ..." of I"""", .... conforming to all the proviswns of the City of Meridian _lu'" Nn '" -' "'" ,nbj~' "".00'_'" .. Corporate City LUnits of Meridian. , . o<JIIl'11A" CE 1'f3I1 OJ> I """""",..1'0 BJ',ZO,e ."... .".-' ... ... ----" -- ...... ,boll .. ........... dd ... ...... -- -"'" - a """",. or" ."..,\ot"" roo-' ~ ---, f'OW""'"' ...... -' .....' .. """,,,y .id> ,..... 6 ~"""" ............ -' -'" ...... ....,...,. of "'. .....-' ...... ... to) ,..""" "" - .... A"-' " _. ... .... "" -C¡if ... -ø'" ~_......~--- .~.......-._,.--"." ance in n, I n ...Jr ';"'0£ JVVC2...- . m """...."""...".... L,;¡(d . e. £;tV' a Notary Public, personally appeared John R. Sonntag and',:.'~~~Y:\ltag, h sband and wife, known or identified to me to be the persons who ~;,~~,'~š!ftl11Jent and acknowledge to me having executed the same. '\:I"""'/~::;;'\>~;':' .' ,~ \.. t,/'IIIIIII . <.',-', 'i:.. '..""" -I ,~ ".' ,..~~..., iA""":~ /'"" .;:;.. ~~ fJ J'~ ....'i>,;:\ ; ...: (S'. ~) :. ~ "~.';. - ,. ~ :..,,~ '," ~. .r>\P lJ B \. \ ~..'~I "'~'" ."",:- ".'. I;"",""',~,l '. "'..:~.""";,,;,,,..,."" " ..'",;~, ""':~f\;rEOF'IØMi'b ) CountyofÁda STATE OF IDAHO) COUNTY OF ADA :ss :ss ~~ic~ " Commission expires: 08-30-01 ~ On this ~ day of t41~ ß,:rJ - . in the year 2000, befure me, a Notary Public, personally appeared-R6helt D. C81'f'ie and William G. Berg, know or identified to me to be the~L3J!-d Clerk, respectively, of the City of Meridian, who executed the instrument ó1~pei-šon that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. ....".. .~1 'ß '(J.. ..~~....---R .. ~.:'-7'~OT-4..¡>'" ... : f A\ . . . ¿,¿, " : I JI(' JI('" I>: ~ \ J : . \~ ,. . ~ .' .. .~~ ~~." ..--:.:ò'iiPff... EXHIBIT A ...., Legal Description Of Property A parcel ofland being a portion of Lot 15, Amended Magic View Subdivision, as fIled for record in the offICe of the Ada County Recorder, Boise, Idaho, in Book 52 of Plats at pages 4445 and 4446, lying in Section 17, Township 8 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows; (SEAL) ~~~.~~.~-- .-~~~.~._..~~M" BEFORE THE MERIDIAN CITY COUNLü", IN THE MATTER OF THE APPLICATION OF SONTAG EYE ASSOCIATES, THE APPLICATION FOR ANNEXATION AND ZONING OF 4.34 ACRES FOR PROPOSED ALLEN STREET CARE CENTER, MERIDIAN, IDAHO Case No, AZ-99-0 14 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION Ai'\lD ZONING The above entitled annexation and zoning application having come on for public hearing on October 5, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, and appearing on behalf of the Applicant, Sc::: Freeman, both having appeared and testified and no one having testified in opposition and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT I. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for October 5, 1999, before the City Council, the first publication FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES appearing and written notice having been mailed to property owners or purchasers of record ,vi thin three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and ,vith 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 October 5, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance ,vith all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E and 11-2-417 A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary, 4. The property which is the subject to the application for annexation and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES I .. I zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 4.34 acres in size, The property is located at Lot 15 of Magic View Subdivision, Meridian, Idaho. The property is designated as Allen Street Care Center. 5. The Applicant is acting on behalf of the record owner of the property Mark and Gari Bottles of 5287 Fairview, Boise, Idaho, and Burke Jones of 5311 Greenwood, Garden City, Idaho, and has filed a ""-'litten request for annexation and zoning. 6. The property is presently zoned by Ada County as Ada County Rural Transitional (R-T), and consists of a rural single family residence. 7. The Applicant requests the property be zoned General Retail and Service Commercial (C-G) which is defined at Meridian City Code Section 11-2. 408(B)((ll). 8. The Applicant has requested the annexation and this zoning, and the application was not initiated at the request of the City of Meridian. 9. The proposed site of the subject property is located south of Magic View Drive, west of Allen Street and north of the 1-84 westbound on-ramf-, .~ i!eridian, Idaho. 10. The subject property is bordered to the north by the recently approved Midvalley Business Park, to the west by Ada County Rural Transitional, to the south FINDINGS OF FACT AND CONCLUSIONS OF LAW . Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES ¡~. \ by Meridian City Light Industrial, to the east by the proposed Holiday Inn Express and the city limits of the City of Meridian are adjacent and abut to the north, east and south of the subject real property. II. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The applicant proposes to develop the subject property in the following manner: construction and development of a 60,000 sq. ft. medical office building intended to house professional tenants and six operating rooms for outpatient surgery. 14. The applicant requests zoning of the subject real property as General Retail and Service Commercial (C-G). It is consistent ,vith the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as MixedIPlanned Use Development. Further this proposal is consistent with the Meridian Comprehensive Plan as follows: Land Use 4,3U - Encourage new commercial development within under-utilized existing commercial areas. Encourage commercial uses, offices and medical-care uses to locate in 4.8U - FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES 5.6 - 5.8 - 5.11 - 5.14U - 5.15U- the Old Town district, business parks, shopping centers and near high- intensity activity areas, such as freeway interchanges. The development of a variety of compatible land uses should be provided in specific plans and proposals for futUre development, Development in these areas should be based on functional plans.-- compatible "vith the surrounding neighborhoods, The character, site improvements, and type of development should be harmonized "vith previously-developed land in the area. Because these areas are near 1-84.-- high-quality visual appearance is essential. The mixed-use area in the vicinity of 1-84 interchange is a priority development area. Public Services, Utilities and Energy Resources: 3.1- 3.3 - Medical facilities should be encouraged to locate within or nearby commercial activity centers. --. encourage medical professionals to locate their practice "vithin the City of Meridian... Community Design: 1.4 - ~.6 - 4.4U - Major entrances to the City should be enhanced and emphasized, The aèd.ition of lanC:S~ap¡ng vJi,hin existing commercial parking lots should be encouraged. Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 15. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 15.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605,1,1. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 15.2 Any existing domestic wells andlor septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 15.3 Applicant shall be required to dedicate all right-of-way along Allen Street and Freeway Drive as required by ACHD prior to any building permits being issued for this property. 15.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall specify minimum required landscape strip widths (as negotiated between applicant and City of Meridian) along the west, south and east boundaries of property. 15.5 Applicant to submit a revised legal description prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and conforming to all the provisions of the City of Meridian Resolution No. 158, showing the subject site is contiguous to the Corporate City Limits of Meridian. 16. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. IS, and all subparts, the economic welfare of the City and its residents and ta.,'( and rate payers vvill be protected, which requirementshall be included in a development agreement, a condition of annexation and zoning designation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES lï. It is found that the development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use ,vill not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 18, The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 19. There are no major or scenic features of major importance that affect the consideration of this application. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page ï AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES 20.2 This proposed new groWth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 20.4 The application is consistent with Meridian's self identity, 20.5 The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. 20.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 20.7 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.8 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES ( CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real propeny upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No. 629, January 4,1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan. are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4,2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. To provide housing opportunities for all economic groups within the community. To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. To encourage cultural educational and recreational facilities which 'Nill fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. To provide community serVices to fit existing and projected needs. To establish compatible and efficient use of land through the use of innovative and functional site design. To encourage a balance of land use patterns to insure that revenues pay for services, 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES Land Use 4.3U - 4.8U - 5,6 - 5.8 - 5.11 - 5.14U - 5.15U- Encourage new commercial development within under-Lltilized existing commercial areas. E;-l~ù,"iAsè co.:lmercial uses, offices and medical-care uses to locate in the Old Town district, business parks, shopping centers and near high- intensity activity areas, such as freeway interchanges. The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. Development in these areas should be based on functional plans... compatible with the surrounding neighborhoods. The character, site improvements, and type of development should be harmonized with previously-developed land in the area. Because these areas are near 1-84... high-quality visual appearance is essential. The mixed-use area in the vicinity of 1-84 interchange is a priority development area. Public Services, Utilities and Energy Resources: 3.1- 3.3 - Medical facilities should be encouraged to locate within or nearby commercial activity centers. ... encourage medical professionals to locate their practice within the City of Meridian... Community Design: 1.4- 1.6- 4.4U - Major entrances to the City should be enhanced and emphasized. The addition of landscaping within existing commercial parking lots should be encouraged. Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 5. The requested zoning 0 f General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. II. as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES (C-G) General Retail and Service Commercial: The purpose of the (C- G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide ìor 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, 6, That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, this Section lists the uses allowed in the various zoning districts of the City; that Professional and Sales Offices are listed as pennitted for offices as permitted uses in the General Retail and Service Commercial (C-G) District. 7. That the City of Meridian Comprehensive Plan, under lAND USE, Mixed-Use Area at Eagle Road, in 5.16U, states that all development requests will be subject to development review and conditional use permit processing to insure neighborhood compatibility. 8. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and operate facilities on this parcel of land. 9. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). FINDINGS OF FACT At'-JD CONCLUSIONS OF LAy\-' - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES r 10, The development of the annexed land, if annexed, shall meet and comply 1Nith the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 11. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian, 12. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. This application is for annexation and zoning of 4.34 acres. The legal description shall be prepared by a Registered Land Surveyor,.Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 At'\1D DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/AlLEN STREET CARE CENTER BY: SONNTAG EYE ASS'JCLUES 2. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (C-G) General Retail and Service Commercial Ordinance shall not be finally approved by the City Council until provisions of pans 1 and 3 of this order have been met; and 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian which provides for the following conditions of development to-wit: 3.2 3.3 3.4 3.5 3.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department, No variances have been requested for tiling of any ditches crossing this project. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. Applicant shall be required to dedicate all right-of-way along Allen Street and Freeway Drive as required by ACHD prior to any building permits being issued for this property. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall specify minimum required landscape strip widths (as negotiated between applicant and City of Meridian) along the west, south and east boundaries of property. Applicant to submit a revised legal description prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and conforming to all the provisions of the City of Meridian Resolution No. 158, showing the subject site is contiguous to the Corporate Citylimi':o of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/AlLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES (' NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-652 I an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the / c:¡-t!J- day of (!) c/[) /; e ¡- ,1999. ROLL CALL COUNCILMAi'\J RON ANDERSON VOTED~ COUNCILMAN GLENN BENTLEY VOTED~ COUNCILMAN KEITH BIRD VOTEDp-- COUNCILMAN CHARLIE ROUNTREE VOTED-p- N!AYOR ROBERT D. CORRIE (TIE BREAKER) DATED: /O.-/9-t?c¡ VOTED- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES " PARTIES: 1. 2. ~~~ RECOROEP'REOUEST OF / ADA COUNTY R~CO~~ 1ðf7¡; "ì - :ßf J. DAVID NAVARRO ~ ~nc BO1~JË, IDAHO Fc:.E_DEPUTY ..'" 2ßDßJL-6 PH 1:25 o<.~ff100052718 DEVELOPMENT AGREEMENT City of Meridian John R. Sonntag and Alberta Sonntag, Developer/Owner THIS DI:"ELOPMENT AGREEMENT (this "Agreement"), is made and entered into this~ day of ~ ~ 2Pòo. by and between CITY OF MERIDIAN, a municipal corporation of eState ofIdaho, hereafter called "CITY", and JOHN R. SONNTAG AND ALBERTA SONNTAG, husband and wife, whose address is,8878 N. Tumbleweed, Boise, Idaho S8718, hereinafter called "DEVELOPER/OWNER". 1. RECITALS: 1.1 1.2 1.8 1.4 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 furth in full, herein after referred to as the "Property"; and WHEREAs, I.c. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition ofre-roning 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 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and zoning of land; and WHEREAS, "Developer" I"Owner" has submitted an application fur annexation and roning of the "Property"s described in Exhibit A, and has requested a designation of General Retail and Service Commercial (C-G), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" /"Owner" made representations at the public hearings both before the Meridian.Planning & Zoning Commission and befure the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAs, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held befure the Planning & Zoning Commission, and subsequently --~.~-~.- .~~~~.~._,._~^'.. ,j 1.7 1.8 1.9 1.10 before the City Council, include responses of government subdivisions providing services within the City of Meridian planningjurisdiction, and received further testimony and comment; and WHEREAS, City Council, the ¡q-J:!' dayofOtfr¡he.r 1999, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and WHEREAS, the "Findings" require the "Developer" /"Owner" enter into a development agreement before the City Council takes fmal action on annexation and roning designation; and "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and WHEREAs, "City" requires the "Developer" /"Owner" to enter into a development agreement fur 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 roning 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, 1998, 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 fullows: 2. INCORPORATION OF RECITALS: That the above recitals are contrattual and binding and are incorporated herein as if set furth in full. 8. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be deemed and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: ~=~. ~_.~.- .~-~~.~.- "~~M" 8.1 8.2 IUI 8.4 "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 of Idaho, organized and existing by virtue oflaw of the State ofIdaho, whose address is 88 East Idaho Avenue, Meridian, Idaho 88642. "DEVELOPER": means and refers to John R. Sonntag and Alberta Sonntag, husband and wife, whose address is 8878 N. Tumbleweed, Boise, Idaho S87I8, the party developing said "Property" and shall include any subsequent owner(s)ldeveloper(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 relèrence incorporated herein as if set forth at length. "OWNER": means and refers to John R. Sonntag and Alberta Sonntag, husband and wife, whose address is 8878 N. Tumbleweed, Boise, Idaho 88718, the owners of said "Property". 4. USES PERMITTED BY TIllS 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 11, Meridian City Code which are herein specified as follows: Construction and development of a 60,000 sq. ft. medical office building intended to house professional tenants and six operating rooms fur outpatient surgery. No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer" I"Owner" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. --.~. ~~~- . ---~.~.- a- ~ no., 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: "Developer" ¡"Owner". shall develop the "Property" in accordance with the fullowing special conditions: 6.1 6.2 6.8 6.4 6.5 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance Il-9- 60.5.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written conflI'lllation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. Applicant shall be required to dedicate all right-of-way along Allen Street and Freeway Drive as required by ACHD prior to any building permits being issued for this property. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall specify minimum required landscape strip widths (as negotiated between applicant and City of Meridian) along the west, south and east boundaries of property. Applicant to submit a revised legal description prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and confurming to all the provisions of the City of Meridian Resolution No. 1.58, showing the su~ect site is contiguous to the Corporate City Limits of Meridian. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" /"Owner" or "Developer's" ¡"Owner's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied --~~~~.- ._--~.~._,.~~^'., with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subseqnent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer"f'Owner" consents upon defi¡uh 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 cmnply with this Agreement to "Developer"f'Owner" and if the "Developer"f'Owner" fàils to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer"f'Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notifY the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Developer"I"Owner", "Deveioper"'sI"Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Developer"/"Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording to "Developer" ¡"Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and roning of the "Property" by the City Council. If ~~~. ~_._.- . ----U~.- 'm ~ ^'.. for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and roning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. WNING: "City" shall, fullowing recordation of the duly approved Agreement, enact a valid and binding ordinance roning the "Property" as specified herein. IS. REMEDffiS: This Agreement shall be enfurceable 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. 18.1 18.2 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" /"Owner"shall have thirty (so) 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 (80) day period, if the defaulting party shall commence to cure the same within such thirty (80) 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 fur such period as may be necessary to complete the curing of the same with diligence and continuity. In the event the performance of any covenant to be performed hereunder by either "Developer"/"Owner" or "City" is delayed fur causes which are beyond the reasonable control of the party responsible fur such perfurmance, which shall include, without limitation, acts of civil disobedience, strilces or similar causes, the time fur such perfurmance shall be extended by the amount of time ofsuch 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 §12-5-8 of the Meridian City Code, to insure that installation of the improvements, which the "Developer" ¡"Owner" agrees to provide, ifrequired by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer" /"Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, ~=~.~_.~.- .~~~~.~.-..~~^'.. 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 impl'Ovements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Developer" /"Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered ifand when personally delivered or three (8) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: ~DEÆL~~: J ohn i Sonntag and ~~nntag 8878 N. Tumbleweed Boise, Idaho S87I8 c/o City Engineer City of Meridian 88 E. Idaho Ave. Meridian, ID 88642 with copy to: City Clerk City of Meridian 88 E. Idaho Ave. Meridian, ID S8642 17.1 A party shall have the right to change its address by delivering to the otlJer party a written notifICation thereof in accordance with the requirements of this section. IS. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition --~.~~~.- .~-~~.~._,.~~M" and provision hereof, and that the failure to timely perfurm any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perfurm. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer"/"Owner", to execute appropriate and recordable evidence of termination of this Agreement if"City", in its sole and reasonable discretion, had determined that "Developer" /"Owner" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent 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" ¡"Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" I"Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a roning 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 t!> the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ~-~. ~_._.~ ._--~.~.- "-~M" ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it eftèctive as hereinabove provided. 10 . Sonntag, Developer/Owner BY: cZ.J)¡;, /ã- 56?l /Jl /?:;., / Alberta Sonntag, 7 Developer/Owner U / ~-~.~_.~~- ._~~~.~._,.~~^... STATE OF IDAHO) :ss ) /J , this J ~y of Jv ¡J~ . in the year 2000, befure me, C(J .. , .e at" a Notary Public, personally appeared John R. Sonntag and ... "">$gJ:l»tag, h sband and wife, known or identified to me to be the persons who ~~~~~§iß~~ument and acknowledge to me having executed the same, ";"'It"/~~".'.;::~:"':~;" . ' " l "~'I '" ".~...'.:.:...:.' ""~ ....:..<:. ./~'~ .(.. '~:.~'~ i AÎ"';':~% ,. :~.: 0<:':':'9>; :-::"",1/,\ ~ ...: (SMI!..) ::.. $;0.1" ~. r.P\P IJ a l \ t ..'~-! "'~'" "".-1.. ". I;""""",~~' ."...',. "':.:.."",:"~"..,,,...'" ,:,i:~: .,~,~, ':!;Š:rAifEOF1ØMb ) ". . ~~~ No Public fur Id 0 " Commission expires: 68-!5D-O/ COUNTY OF ADA " :ss County of Ada ~ On this ~ day of ~~ ß.rJ - . in the year 2000, befòre me, a Notary Public, per~y appeared ReheIt Ð. Cerrie and William G. Berg, know or identified to me to be the..Mtm1r I!I!,d Clerk, respectively, of the City of Meridian, who executed the instrument ó1tíi'ê~ that executed the instrument of behalf of said City, and acknowledged to me that such City executed the. same. (SEAL) ........ .!..f 1!. £.J.'. ..~~.--<---P. .. ~~'~OT~" s's ftztí A '\ ~ .m: ¿,¿,¿, , . . \ JIll" JIll" JI(' :>-. . \ / . -:. ~ A~__,., / : 's~'~~~.8L1""~ ... .1fiiòF-ú5~.. EXHIBIT A ....... Legal Description OfPrQperty A parcel ofland being a portion of Lot 15, Amended Magic View Subdivision, as filed fur record in the office of the Ada County Recorder, Boise, Idaho, in Book 52 of Plats at pages 4445 and 4446, lying in Section 17, Township 8 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as fullows; ~~u,~ ~-_. ~... ~-- . ----. -.- , -- ~ no .. BEFORE THE MERIDIAN CITY COUNL.,-, IN THE MATTER OF THE APPLICATION OF SONTAG EYE ASSOCIATES, THE APPLICATION FOR ANNEXATION AND ZONING OF 4.34 ACRES FOR PROPOSED AlLEN STREET CARE CENTER, MERIDIAN, IDAHO Case No. AZ-99-014 FINDINGS OF FACT AND CONCLUSIONS OF LAW At'\!D DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on October 5, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, and appearing on behalf of the Applicant, s::::: Freeman, both having appeared and testified and no one having testified in opposition and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for October 5, 1999, before the City Council, the first publication FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/AlLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet 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 October 5, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417 A, Municipal Code of the Cityof Meridian. 3. The City Council talœs judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES r zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 4.34 acres in size. The property is located at Lot 15 of Magic View Subdivision, Meridian, Idaho. The property is designated as Allen Street Care Center. 5. The Applicant is acting on behalf of the record owner of the property Mark and Gari Botdes of 5287 Fairview, Boise, Idaho, and Burke Jones of 5311 Greenwood, Garden City, Idaho, and has filed a written request for annexation and zoning. 6. The property is presently zoned by Ada County as Ada County Rural Transitional (R-T), and consists of a rural single family residence. 7. The Applicant requests the property be zoned General Retail and Service Commercial (C-G) which is defined at Meridian City Code Section 11-2- 408(B)((11). 8. The Applicant has requested the annexation and this zoning, and the application was not initiated at the request of the City of Meridian. 9. The proposed site of the subject property is located south of Magic View Drive, west of Allen Street and north of the 1-84 westbound on-ram" :ileridian, Idaho. 10. The subject property is bordered to the north by the recently approved Midvalley Business Park, to the west by Ada County Rural Transitional, to the soUth FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES (-- \ by Meridian City Light Industrial, to the east by the proposed Holiday Inn Express and the city limits of the City of Meridian are adjacent and abut to the north, east and south of the subject real property. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included vvithin the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The applicant proposes to develop the subject property in the follovving manner: construction and development of a 60,000 sq. ft. medical office building intended to house professional tenants and six operating rooms for outpatient surgery. 14. The applicant requests zoning of the subject real property as General Retail and Service Commercial (C-G). It is consistent vvith the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Use Development. Further this proposal is consistent with the Meridian Comprehensive Plan as follows: Land Use 4.3U - Encourage new commercial development within under-utilized existing commercial areas. Encourage commercial uses, offices and medical-care uses to locate in 4.8U - FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES 5.6 - 5.8 - 5.11 - 5.14U - 5.15U- the Old Town district, business parks, shopping centers and near high- intensity activity areas, such as freeway interchanges. The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. Development in these areas should be based on functional plans... compatible ,vith the surrounding neighborhoods. The character, site improvements. and type of development should be harmonized with previously-developed land in the area. Because these areas are near 1-84... high-quality visual appearance is essentiaL The mixed-use area in the vicinity of 1-84 interchange is a priority development area. Public Services, Utilities and Energy Resources: 3.1- 3.3 - Medical facilities should be encouraged to locate ,vithin or nearby commercial activity centers. ... encourage medical professionals to locate their practice ,vithin the City of Meridian... Community Design: lA - 1.6 - 4AU - Major entrances to the City should be enhanced and emphasized. The aGdilion 0; :anÒ-:"ping \v1chin existing commercial parking lots should be encouraged. Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 15. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/AlLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES Adope the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 15.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9.605.ÌYL Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 15.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7 -517. Wells may be used for non-domestic purposes such as landscape irrigation. 15.3 Applicant shall be required to dedicate all right-of-way along Allen Street and Freeway Drive as required by ACHD prior to any building permits being issued for this property. 15.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall specify minimum required landscape strip ,vidths (as negotiated between applicant and City of Meridian) along the west, south and east boundaries of property. 15.5 Applicant to submit a revised legal description prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and conforming to all the provisions of the City of Meridian Resolution No. 138, showing the subject site is contiguous to the Corporate City Limits of Meridian. 16. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 15, and all subparts, the economic welfare of the City and its residents and tiL"X and rate payers will be protected, which requirementshall be included in a development agreement, a condition of annexation and zoning designation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES ( -. 1 ï. It is found that the development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use \vill not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, partiClùarly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 18. The proposed development will serve existing and grO\ving needs and will provide services to surrounding institutional, commercial and residential development. 19. There are no major or scenic features of major importance that affect the consideration of this application. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan ofthe City as follows: 20.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth \vith the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 20.4 The application is consistent with Meridian's self identity. 20.5 The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. 20.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 20.7 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.8 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 A1'iD DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES (. CONCLUSIONS OF LAW l. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No. 629, January 4,1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-vvide and Urban Service Planning Area policies, which deal with area-specific policies and programs. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. To provide housing opportunities for all economic groups within the community. To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. To provide community serVices to fit existing and projected needs. To establish compatible and efficient use of land through the use of innovative and functional site design. To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. FINDI?'~GS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES Land Use 4.3U - 4.8U - 5.6 - 5.8 - 5.11 - 5.14U - 5.15U- Encourage new commercial development within under-utilized existing commercial areas. E;,':ùc,,'àgè commercial uses. offices and medical,care uses to locate in the Old Town district, business parks, shopping centers and near high. intensity activity areas, such as freeway interchanges. The development of a variety of compatible land uses should be provided in specific plans and proposals for futUre development. Development in these areas should be based on functional plans... compatible ,vith the surrounding neighborhoods. The character, site improvements, and type of development should be harmonized ,vith previously-developed land in the area. Because these areas are near 1-84... high-quality visual appearance is essential. The mixed-use area in the vicinity of 1-84 interchange is a priority development area. Public Services, Utilities and Energy Resources: 3.1- 3.3 - Medical facilities should be encouraged to locate vvithin or nearby commercial activity centers. ... encourage medical professionals to locate their practice within the City of Meridian... Community Design: 1.4 - 1.6- 4.4U - Major entrances to the City should be enhanced .and emphasized. The addition of landscaping within existing commercial parking lots should be encouraged. Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 5. The requested zoning o~ Gèr,eral Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES :'. (C-G) General Retail and Service Commercial: The purpose of the (C- G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide ¡'or 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 pennanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, this Section lists the uses allowed in the various zoning districts of the City; that Professional and Sales Offices are listed as permitted for offices as permitted uses in the General Retail and Service Commercial (C-G) District. 7. That the City of Meridian Comprehensive Plan, under LAl'\!D USE, Mixed-Use Area at Eagle Road, in 5.16U, states that all development requests "vill be subject to development review and conditional use pennit processing to insure neighborhood compatibility. 8. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and operate facilities on this parcel of land. 9. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon th~ annexation of land. See Burt VS. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). FINDINGS OF FACT AND CONCLUSIONS OF LAVY- - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES (' 10. The development of the annexed land, if annexed. shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 11. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 12. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shaH be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. This application is for annexation and zoning of 4.34 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG E'i"E ASSCJCLUES 2. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (C-G) General Retail and Service Commercial Ordinance shall not be finally approved by the City Council until provisions of parts 1 and 3 of this order have been met; and 3. Developer enter into a Development Agreement that provides in the evem the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian which provides for the following conditions of development to-vvit: 3.1 3.2 3.3 3.4 3.5 Any existing irrigatiorv'drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigatiorv'drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5- 7 -517. Wells may be used for non-domestic purposes such as landscape irrigation. Applicant shall be required to dedicate all right-of-way along Allen Street and Freeway Drive as required by ACHD prior to any building permits being issued for this property. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall specify minimum required landscape strip widths (as negotiated between applicant and City of Meridian) along the west, south and east boundaries of property. Applicant to submit a revised legal description prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and conforming to all the provisions of the City of Meridian Resolution No. 158, showing the subject site is contiguous to the Corporate City Limi'ê of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES é - I NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within nventy-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the IC¡~ day of Oe-fÐ f; er- ,1999. ROLL CALL COUNCILMAN RON ANDERSON YOTEDp- COUNCILMAN GLENN BENTLEY YOTED ~ COUNCILMAN KEITH BIRD YOTED~ COUNCILMAN CHARLIE ROUNTREE YOTED-P- NIAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: !¿7-/9-t7r YOTED- FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES i. MOTION: APPRO~~ _DISAPPROVED:- Copy served upon Applicant, the Planning and Zoning Department, Public Works Departme and the City Attorney. By: Dated: IO-/f'-f9 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALLEN STREET CARE CENTER BY: SONNTAG EYE ASSOCIATES