St. Luke's AZORIGINAL
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
ST. LUKES
ANNEXATION AND ZONING
PORTIONS OF SECTIONS 16 AND 17, T.3 N., R.! 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 testimonyand 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
hearing' on the annexation and
consecutive weeks prior to the
1. That notice of public
zoning was publishe~ for two (2)
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:
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.
be
Land owned by the State of Idaho as a portion of
Interstate Highway 1-84 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 I East, Ada County, Idaho, hereafter
referred to as the "Wurst" property.
do
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.
ee
Land owned by Curtis and Kim Peck described as a portion
of the SE 1/4 SW 1/4 of Section 17, Township 3 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
i~s property be zoned Limited 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 1-84 and the interchange
land surrounding the 1-84 and Eagle Road interchange~ that the
Wurst and Thomas properties are between theeast bound off-ramp if
1-84 and Overland Road~ that the Peck property is between Overland
Road and 1-84.
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 M6ridian
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-15 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-15
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
....... ~ ~ .... ~ct the integrity of residential
or ~ne u~y, ~n~ ~u m~ . ...... ~e non
areas b prohibiting the ~ntrus~o9 oz.~ncompa~n~ -
. ~.. .L_ ,~ 4~ D~str~ct all6ws fo? a
resiaen~la£ uses. =~= %~-- ~ . '
maximum.of four (4) dw~l%ings units per acre and requires
connection to t~e Municipal Water and Sewer systems of
the City of Meridian.
......... =~-- -esidential District: The purpos~
15 Me,lumpish uen~uX ~ ·
(R- ) --- L~. - · ~ ~- ~- -ermit the establishment .o~
of the (R ) . · . ~--=~.. ~e-~h-d and multi-family
medium-high dens}ty.~xng~%-~tLpj/-~teen ~15~ dwelling
dwellings at a dens~=y.np~ ~=u~..~ ~'CT2_ ~=kic~ access to
units per acr~. All such U~s=r~c=s musu naY= u~ .
transportation-arterial collector, abut or have direct
a or .
access ~o.a ark or open space corridor, and .be Connected to
the Munlc~pa~ Water and Sewer s~stem? of.the ~lty ?f Meridian.
The predominaht housing ~ypes an ~hls d~st~ct w~ll be patio
homes, zero lot line single-family dwellings, townhouses,
apartment buildings and condominiums.
-O Limited Office District: T~e purpose of th? (L-O)
!% -)' ~ ~- ~ .... ~t the establishment of groupzn~s of
~ls~r~c~ ~ ~ ~'~ . · · ' '
rofesslonal, research, executive, admi.nlstra~lve, ~coun=lng,
P public service and simi£ar uses.
Clerical, stenographic,
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
he 'C-G. D~strict is to provide for commercial uses which are
cust~mar~l operated entirely or almost entirely within a
· Y · · eim act of proposed
building; to prov~e, for a r~vlew~o~_~ice ~riented and are
commercial uses which ~re..au~ ana ~v~_~ ...... ~ arterial
located in close proximity to ma]or ~9,~-=I. -- .
streets; to fulfill the need of travel-related services as
well as retail sales f~ the transient and permanent motoring
public. Ail such d~stricts 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.
16. That the Meridian Comprehensive Plan, Generalized Land
Use Map, shows that the St. Lukes land is to be Used for commercial
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 1-84 and Overland Road, it states as
follows:
,, ........ ~-ue in that they are surrounded by
Tnes~ area a~ .~ .
arterials immediately adjacent to freeway !I-84), are
-' ........... ~-- h-ye a distinct linear shape,
relatively level in ~o~o~=~,~z,.--- . ....... ~-~
and are greatly affected by contiguous ~naustr~al, res~aenu~a~
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,
FINDINGS OF FACT ANDCONCLUSIONS OF LAW/ST. LUKES Page 6
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
5.8
5.9
5.10
5.14U
5.15U
20. That in 1992 the Idaho
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 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.
Development Should be conducted under Planned Unit
Development procedures and as conditional uses,
especially when two or more differing uSes are
proposed.
Because these areas are .near 1-84 and Overland
Road, hi h- uality visual appearance is essential.
g q .....
All development proposals in =his 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.
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
characteristics that may be suitable
development."
for the proposed
24. 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 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:
1. To preserve openn6ss;
To interconnect park and open space systems within rights
of way for trails, walkways, bicycle ways;
To Play a major role in conser~.ing area scenic and
natural value, especially waterways, drainages and
natural habitat;
4. To buffer more intensive adjacent urban land uses;
To enhance local identification within the area due to
the internal linkages; and
6. To link residential neighborhoods, park areas and
recreation facilities."
25. That Section 11-9-605 L states as follows:
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 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 Bicycle-Pedestrian
Desiqn Manual for Ada- County (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.
27. That section 11-9-606 B 14., Pressurized Irrigation
FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 9
System,
supplied
28.
29.
requires that underground pressurized irrigation be
in each subdivision.
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
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. Butt vs. The City 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-15 Residential use are in compliance with
FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 11
the Meridian Comprehensive Plan
conducted under a planned unit
depends on whether they are
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 requiremehts 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
Ordinancer that, as a condition of annexation, the.Applicant shall
be required to enter into a development agreement as authorized by
11-2-416 L and 11-2-417 Dr 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, wouldbe 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 usesr it is ~pecifically concluded
that in this area a co=~ercial use would be more appropriate than
the R~15 proposed user 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 .~e~ met the
property shall be subject to de-annexation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW/ST. LUKES Page 13
APPROVAL OF FINDZNGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and'Conclusions.
ROLL CALL
COMMISSIONER HEPPER
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED
VOTED
VOTED
VOTED
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 zoningas 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
Applicant meet all of
specifically including
entering
a
the
the
into
condition of annexation and that the
Ordinances of the City of Meridian,
development time requirements and
the required development agreement, and the
FINDINGS OF FACT AND COECLUSIONS 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= / .' 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
COUNCILMAN CORRIE
COUNCILMAN TOLSMA
VOTED~
VOTED~
VOTED~
.VOTED
MAYOR KINGSFORD (TIE BREAKER)
VOTED
(INITIAL)
APPROVED .~~. ]~
DISAPPROVED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - ST. LUKE'S ANNEXATION