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Montvue Medical Clinic AZ 03-004 PARTIES: ADA COUNTY RECORDER J, DAVID NAVARRO BOISE IDAHO 09130/03 02:16 PM DEPUTY Kalhy Ingraham RECORDED-REQUEST OF Meridian City '- AMOUNT .00 1111111111111111111111111111111 103165978 DEVELOPMENT AGREEMENT 1. 2. City of Meridian SIN, LLc., an Idaho Limited Liability Company, OwnerlDeveloper THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this /6~ day of JèpfelhMv ,2003, by and between CITY OF MERIDIAN, a municipal Corporation of the State ofIdaho, hereafter called "CITY", and SIN, LLC., an Idaho Limited Liability Company, whose address is 4344 N. Nines Ridge Lane, Boise, Idaho 83702, hereinafter cal1ed "OWNERIDEVELOPER". 1. 1.3 1.4 1.5 RECITALS: 1.1 WHEREAS, "Owner/Developer" is the sole owner, in law and/or equity, of certain tract ofland in the County of Ada, State ofIdaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in ful1, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re.zoning that the "OwnerlDeveloper" make a written commitroent concerning the use or development of the subject "Property"; and WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15.12 and 11.16.4 A, which authorizes development agreements upon the anoexation and/or re-zoning of land; and WHEREAS, "OwnerlDeveloper" has submitted an application for anoexation and zoning ofthe "Property" described in Exhibit A, and has requested a designation of (L-O) Limited Office District, (Municipal Code ofthe City of Meridian); and WHEREAS, "OwnerlDeveloper" made representation at the public hearings both before the Meridian Planoing & Zoning Commission and before the Meridian City Council, as to how the DEVELOPMENT AGREEMENT (AZ.03.004) PAGE 1 OF 16 1.8 1.9 1.10 subject "Property" will be developed and what improvements win be made; and 1.6 WHEREAS, record of the proceedings for the requested anoexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and WHEREAS, City Council, the ~O-th. day of j'V"¿0I-o/ 2003, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.7 WHEREAS, the "Findings" require the "Owner/Developer" enter into a development agreement before the City Council takes final action on anoexation and zoning designation; and "OWNERIDEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and WHEREAS, "City" requires the "Owner/Developer" and "Applicant" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "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 anoexation and zoning designation from government subdivisions providing services within the planoingjurisdiction and from affected property owners and to ensure anoexation and zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 1 I and Title 12. DEVELOPMENT AGREEMENT (AZ.03-004) PAGE 2 OF 16 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all pUrposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue oflaw of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to SJJV, L.L.C., an Idaho Limited Liability Company, whose address is 4344 N. Nines Ridge Lane, Boise, Idaho 83702, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be anoexed and zoned L-O, and the owner's property is described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 1 1.7-2 (G.} which are herein specified as follows: Development of a medial office to be known as Montvue Medical Clinic on 1.37 acres. DEVELOPMENT AGREEMENT (AZ.03-004) PAGE 3 OF 16 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof; in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: A. Adopt the Recommendations of the Meridian Planoing & Zoning Department as follows: Annexation and Zoning Conditions of Approval 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5.7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All future development or re.development ofthe subject property shall be in accordance with City of Meridian ordinances in effect at the time of development. A CZC shall be required from the City prior to re-development ofthe subject property to a use permitted within the L.O zone. All other uses of the property may be allowed only upon approval of a conditional use permit. 3. The issues shall be addressed pertaining to uses and other development impacts of the property and include language similar to other development agreements in an L-O zone. It shall be required that the building construction and site layout shall be in substantial conformance with the site plan presented with the application. A minimum 29-foot wide, permanent, open, vehicular roadway conoecting S. Montvue Drive with St. Luke's Drive must be constructed prior to any Certificate of Occupancy issued on the site. DEVELOPMENT AGREEMENT (AZ.03.004) PAGE 4 OF 16 4. The applicant shall be required to construct sanitary sewer and water mains in the private road to comply with the "to and through" policy ofthe City of Meridian. Proper easements will be required over the utility locations. B. Adopt the Recommendations of ACHD as follows: Anticipated Site-Specific Conditions The following conditions are intended to cover the District policies that will pertain to any development proposal for this site. Upon the receipt of a development application in the future for this site the District intends to include the following conditions and may add additional conditions that may also apply to this site. I. Dedicate an additional 7.feet of right-of. way for Montvue Drive abutting the site and widen Montvue Drive abutting the site to one-half of a 40.foot street section and construct curb, gutter and sidewalk. 2. Construct any driveways on Montvue Drive a minimum of 50.feet from any intersection. Any driveways on Montvue Drive should be constructed to be a maximum of35-feet wide. Pave any driveway(s) abutting public streets to their full width and at least 30.feet into the site beyond the edge of pavement of Montvue Drive. 3. Comply with all Standard Conditions of Approval. Standard Conditions of ApProval 1. way. Any existing irrigation facilities shall be relocated outside of the right.of- 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387. 6280 (with file numbers) for details. DEVELOPMENT AGREEMENT (AZ.03.004) PAGE 5 OF 16 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shaH prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right.of.way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342.1585) at least two full business days prior to breaking ground within ACHD right.of.way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. I 1. Any change by the applicant in the planoed use of the property which is the subject ofthis application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its SUccessors in interest advises the Highway District of its intent to change the planoed use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. DEVELOPMENT AGREEMENT (AZ.03-004) PAGE 6 OF 16 C. D. Adopt the Recommendations/Comments of Sanitary Service as follows: Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire. flow per the Uniform Fire Code Appendix ill.A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill.A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All roads shall have a turning radius of 28' inside and 48' outside. 4. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. We would request that the private road be given a name and the property addressed off of that street. 7. Provide a vertical clearance of 13 '6" in drive tbru areas. I. Is it possible for the service vehicle to approach or exit the water enclosure on the south side of the facility, vehicles are 9' wide and 38' feet long. 2. No enclosure plans have been submitted. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "OwnerlDeveloper" or "Owner/Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subj ect "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT (AZ.03.004) PAGE 7 OF 16 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "OwnerlDeveloper" consent upon default to the de.anoexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to. wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "OwnerlDeveloper" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "OwnerlDeveloper" 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 10.2 In the event "OwnerlDeveloper", "OwnerlDeveloper'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 ofthe terms and conditions included in this Agreement in conoection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. A waiver by "City" of any default by "OwnerlDeveloper" 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 ofthis Agreement or this Agreement, including all of the Exhibits, at "OwnerlDeveloper's" cost, and submit proof of such recording to "Owner/Developer", prior to the third reading ofthe Meridian Zoning Ordinance in conoection with the anoexation and zoning of the "Property" by the City Council. If for any reason after such DEVELOPMENT AGREEMENT (AZ.03.004) PAGE 8 OF 16 recordation, the City Council fails to adopt the ordinance in conoection with the anoexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "OwnerlDeveloper", or by any successor or successors in title or by the assigns ofthe parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 13.2 In the event of a material breach of this Agreement, the parties agree that "City" and "OwnerlDeveloper" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non.breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which canoot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing ofthe same with diligence and continuity. In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount oftiroe of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12.5.3, to insure that installation of the improvements, which the "OwnerlDeveloper" agrees to provide, if required by the "City". DEVELOPMENT AGREEMENT (AZ.03.004) PAGE 9 OF 16 15. CERTIFICATE OF OCCUPANCY: The "OwnerlDeveloper" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "OwnerlDeveloper" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "OwnerlDeveloper" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de.anoexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNERIDEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 SJJV, LLC., an Idaho Limited Liability Company 4344 N. Nines Ridge Lane Boise, Idaho 83702 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's DEVELOPMENT AGREEMENT (AZ.03.004) PAGE 10 OF 16 fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture ofthis Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that tiroe is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any ofthe obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit ofthe 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 ofthe "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 "OwnerlDeveloper", to execute appropriate and recordable evidence of termination ofthis Agreement if "City", in its sole and reasonable discretion, had determined that "OwnerlDeveloper" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision ofthis Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended DEVELOPMENT AGREEMENT (AZ.03.004) PAGE 11 OF 16 without the approval ofthe City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in conoection with the anoexation and zoning of the "property" and execution ofthe Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ.03.004) PAGE 12 OF 16 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNERfDEVELOPER: SJJV, L.L.C, an Idaho Limited Liability Company Attest: ~«JiL, BY: Ù~/ ~ CITY OF MERIDIAN Attest: a.~ G~,;,c¡JreJ/~ STATE OF IDAHO, ) :ss County of Ada Ontbis 16 day of 'S~~~ , in the year 2003, before me, a Notary Public, personally appeared oS4>\" ~eKSÞ-- and })&<..u-\! -t'!>'-rb known or identified to me to be the I\..t~,~ M~ and ~-J,.,~",-,<-- of SJJV, L.L.C., an Id 0 LImited Liability Company, and t e persons who executed the Instrument and acknowledged to me that they having executed the same on behalf of said SJJV, L.L.C, an Idaho Limited Liability Company. æ"U""~ ~(\1 110 tl.. C~......... ..~ . l.?nfJl)~<I) \ =(~. ) -.- ... E .~~qv~o~ i ~. ~~ . ~"qI: ')" ~~ 4' 'J; "i1...~....,~ I.....""" Notary Public foil' Idah Residing at: !Ã>\~ Commission expires: ï ('Z-81'Zooy STATE OF IDAHO) :ss County of Ada On this 2. ~ re\ day of Sk-O=-lt.wl , in the year 2003, before me, a Notary Public, personally app~ ß. ~me aJ~ WIlham G. Berg, known or identified to me to be ~e ~ W21£ef~étiV~r6f the City of Meridian, who executed the ins~ent o'?Th';f pers6ns that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. ~....NS&"" .;'/Ó.T.-.ÃJi. ---':-(.>,". ~l ~ J. '~\ ---.S.hCJ\ fYl~ .ff-:J \,\.,:-:.2J ~"Z:li' ~it<lrl(.ll c.lcc '.:?;.¡';';:'_._-1i:>~.. Commission expires: JL1,~ -'"'.,c ..~~.o!..., . f Vt:,-,.rl) Z,\Work\M\MeridianlMeridian 1 5360MIMontvue Medical Clinic AZ-OJ-OO4\DevelopAgr.doc (SEAL) DEVELOPMENT AGREEMENT (AZ.03.004) PAGE 14 OF 16 EXHIBIT A Lel!a1 DescriDtion Of ProDertv A parcel of land for the purpose of anoexation being Lot 2 and the East 40.00 of Lot 3 and the south and easterly half of Montvue Road adjacent to said Lots all being in Block 5 ofMontvue Park Subdivision as recorded in Book 17 of Plats at Pages 1107 and 1108 located in the NW Y. of Section 16, T.3N., R.1E., B.M., Ada County, Idaho and more particularly described as follows: Beginoing at a 5/8 inch rebar marking the SE corner of said Lot 2 thence along the South line of said Lots N88°46'46" W a distance of287.35 feet to a point; Thence leaving said South line NOOoOO' 42" E a distance of 176.92 feet to a point on the centerline of said Montvue Road; Thence along said centerline S89°04 '00" E a distance of 40.33 feet to a point; Thence along the arc of a curve to the left having a radius of39.47 feet, an arc length of 62.58 feet, a central angel of 90°50' 47", and a chord bearing N45°30'37" E a distance of 56.23 feet to a point; Thence leaving said centerline S89°04'00" E a distance of207.55 feet to the NE corner of said Lot 2; Thence along the East line of said Lot 2 SOO° II ' 07" W a distance of 218.41 feet to the POINT OF BEGINNING. Said parcel contains 1.37 acres more or less and is subject to all existing easements and rights.of-way of record or implied. DEVELOPMENT AGREEMENT (AZ.03.004) PAGE 15 OF 16 EXHIBIT B Findinl!s of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ.03-004) PAGE 16 OF 16 BEFORE THE MERIDIAN CITY COUNCIL C/C 05-06-03 PINNACLE ENGINEERS, INC., APPLICANT IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 1.37 ACRES FOR) PROPOSED MONTVUE I\ŒDICAL ) CLINIC, LOCATED AT 360 EAST) MONTVUE DRIVE, MERIDIAN, ) IDAHO) ) ) ) Case No. AZ-03-O04 FINDINGS OF FACT AND CONCLUSI'ONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on May 6,2003, at the hour of7:00 p.m., and Brad Hawkins-Clark Planner III for the Planoing and Zoning Department, JoAnn Butler, and Thora Willis, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16.1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles II and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, FINDmGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-O3-004) PAGE I OF 16 Resolution No. 02-382, and maps and the ordinance Establislllng the hnpact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 1.37 acres in size and is located at 360 East Montvue Drive, Meridian, all within the Area ofhnpact of the City of Meridian and the Meridian Urban Service Planoing Area as defined in the Meridian Comprehensive Plan. 4. The owner of record of the subject property is Patricia Ruyf, 360 East Montvue Drive, Meridian, Idaho 83642. Developer is SIN, LLC., c/o Mark Bottles Real Estate, 5418 North Eagle Road, Suite 160, Boise, Idaho 83713. Applicant is Pinnacle Engineers, Inc. (Clint Boyle), 12552 W. Executive Drive, Ste. B, Boise, Idaho 83713. property. 5. The property is presently zoned R-t (Ada County), and consists of residential 6. The Applicant requests the property be zoned as L-O (Limited Office District). 7. The subject property is bordered to the north and west by Montvue Subdivision consisting of 1+ acre residential lots, zoned R-l (Ada County), to the south by St. Luke's Medical Complex, zoned L-O, to the east by Meadow Lake Village, zoned L-O. 8. medical office. 9. The Applicant proposes to develop the subject property in the following manner: The Applicant requests zoning of the subject real property as L.O, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Commercial. 10. There are no significant or scenic features of major importance that affect the consideration of this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ.O3.004) PAGE 2 OF 16 11. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian pl¡mning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: Annexation and Zoninl! Conditions of ADDroval 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available ftom the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All future development orre-development of the subject property shall be in accordance with City of Meridian ordinances in effect at the time of development. A CZC shall be required from the City prior to re-development bfthe subject property to a use permitted within the L-O zone. All other uses of the property may be allowed only upon approval of a conditional use permit. 3. A Development Agreement shall be required for this anoexation and shall address uses and other development impacts of the property and include language similar to other development agreements in an L-O zone. The agreement shall require the building construction and site layout to be in substantial conformance with the site plan presented with the application. A minimum 29-foot wide, permanent, open, vehicular roadway connecting S. Montvue Drive with St. Luke's Drive must be constructed prior to any Certificate of Occupancy issued on the site. (Revised per City Council's action taken at their May 6,2003 meeting.) I 4. The applicant shall be required to construct sanitary sewer and water mains in the private road to comply with the "to and through" policy of the City of Meridian. Proper easements will be required over the utility locations. B. Adopt the Recommendations of ACHD as follows: AnticiDated Site-SDecific Conditions FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-O3-004) . PAGE 3 OF 16 The following conditions are intended to cover the District policies that will pertain to any development proposal for this site. Upon the receipt of a development application in the future for this site the District intends to include the following conditions and may add additional conditions that may also apply to this site. 1. Dedicate an additional 7-feet of right-of-way for Montvue Drive abutting the site and widen Montvue Drive abutting the site to one-half of a 40. foot street section and construct curb, gutter and sidewalk. 2. Construct any driveways on Montvue Drive a minimum of 50. feet ITom any intersection. Any driveways on Montvue Drive should be constructed to be a maximum of3S-feet wide. Pave any driveway(s) abutting public streets to their full width and at least 30-feet into the site beyond the edge of pavement ofMontvue Drive. 3. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387.6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-03-004) PAGE40F 16 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of appJicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road bnpact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utiJities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGUNE (1-800- 342-1585) at least two MI business days prior to breaking ground within ACHD right.of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be vaJid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway Dis!rict. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planoed use of the property which is the subject of this application, shall require the appJicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal reliefis granted pursuant to the law in effect at the time the change in use is sought. c. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow per the Uniform Fire Code Appendix ill-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III.A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All roads shall have a turning radius of28' inside and 48' outside. 4. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-03-004) PAGE 5 OF 16 D. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. We would request that the private road be given a name and the property addressed off of that street. 7. Provide a vertical clearance of 13 '6" in drive thru areas. Adopt the Recommendations/Comments of Sanitary Service as follows: 2. 12. 1. Is it possible for the service vehicle to approach or exit the water enclosure on the south side ofthe facility, vehicles are 9' wide and 38' feet long. No enclosure plans have been submitted. The Comprehensive Plan depicts the subject property as "Commercial" on the Future Land Use Map, allowing the applicant to request an 1-0 (Limited Office) zoning designation and remain in compliance with the Comprehensive Plan. It is found that the requested medical office use is in compliance with the adopted Comprehensive Plan. 13. future. 14. It is not anticipated that the applicant intends to rezone the subject property in the It is found that the proposed medical office/clinic will be allowed as a permitted use within the requested L-O zone. 15. The recently approved (8/02) Comprehensive Plan depicts the entire Montvue Subdivision as future commercial land. Many of the home owners within the Montvue Subdivision testified at public hearings for the Comprehensive Plan that they wanted a commercial designation for the entire subdivision and the City agreed with them. Montvue Subdivision has only one (I) point of ingress and egress, located on Eagle Road, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ.03-004) PAGE 6 OF 16 approximately 320' south of Franklin. This entrance into the subdivision is not easily accessible to vehicles traveling south on Eagle Road due to the high number of vehicles that stack up at the Franklin and Eagle intersection. Additionally, it is very difficult to make a left hand turn out ofthe subdivision onto Eagle Road. The proposed annexation would provide a secondary vehicular connection to Eagle Road from the Montvue Subdivision. The traffic light located at St. Luke's Drive and Eagle Road will help faci1ítate traffic movement for the existing residential and future commercial traffic. St. Luke's and other medical uses are located within the same area and have been developed or proposed in a similar fashion to the proposed anoexation. Review of the St. Luke's private drive hístorywithin the ACHDreport on pages 3.6 provides additional information regarding the surroWlding developments. 16. It is found that the proposed medical use will be designed appropriately to match with the intended character of the general vicinity. The two story office building is different from the adjacent single famHy houses; however, it is designed to be harmonious with the St. Luke's buildings on the south side of the subject property. The proposed change in the existing character of the area is in harmony with the intended future land use envisioned by the Comprehensive Plan. 17. It is not anticipated that the proposed medical office use will be hazardous or disturbing to future or existing neighbors, as long as the recommended conditions of approval are complied willi. The proposed private street will connect to a public street (Montvue Drive) to a private street (St. Luke's Drive) and will create additional vehicle trips into and out ofthe subdivision across the new private street. One by-product of the new road, whether it is constructed as a private road or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CUNIC (AZ-O3-004) PAGE 7 OF 16 public road, will be the possible use of the road for cut-through traffic. In the ne~ future Montvue Subdivision will connect with the Touchmark Senior Housing Project to the west, thereby providing access to Franklin Road. The roadway, when complete, will allow motorists to avoid the Eagle and Franklin intersection by cutting through the Montvue Subdivision. The increase in traffic may be distuÌ'bing to the homeowners near the subject property, but the increase of traffic near the subject property will not be a result of the proposed use, as most motorists will use St. Luke's private drive to access the subject property and not enter the subdivision. Future commercial uses within Montvue will have a greater impact on the number of vehicles within the subdivision. 18. It is found that the property to be annexed will be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. Review of the ACHD and Fire Department's comments concerning this subdivision will provide further information regarding public services when the property develops. 19. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 20. It is found that the proposed annexation and use will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. The fact is also that traffic will increase on St. Luke's private road and that is an issue that will need to be worked out between the Neighborhood and the Hospital. It i s not anticipated that the traffic generated by the proposed office use will be detrimental to the public welfare of the city. 21. It is found that the new private street conoection between the hospital and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-O3.004) . PAGE80F 16 , .' neighborhood will help to reduce the existing problem of accessing Montvue Subdivision by providing a secondary access controlled by an intersection. The access to the office will affect traffic on the existing private street and will impact the traffic light on Eagle Road. It is found that the proposed use will not create significant interference, but the addition of other commercial uses within the subdivision may create a burden on the public street system ifimprovements are not made to the traffic light and Eagle Road. Review of ACHD comments will provide concern of vehicular approaches and traffic generation. 22. It is found that no natural or scenic features of major importance will be lost or damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 23. It is found that the anoexation of this property would be in the best interest of the City. 24. It is found that ¡fthe developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No.1 I, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of anoexation and zoning designation. 25. It is also found that the development considerations as referenced in Finding No. 11 are reasonable to require and must be taken into account, in order to, assure the proposed development is designed, constructed, operated and maintained in a manoer which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-O3.004) PAGE90F 16 order to assure that the proposed use will not change the essential character ofthe affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW 1. The City of Meridian has authority to anoex real property upon written request for anoexation 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 Meridian City Code § 11-16 provides the City may anoex real property that is within the Meridian Urban Service Planoing Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals I through 1O, inclusive. 5. The zoning of Medium Density Residential (R-B) is defmed in the Zoning Ordinance at § 11-7-2 D as follows: (L-o) Limited Office District: The purpose of the L-O District is to permit the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-O3.004) PAGE 10 OF 16 ,~ "' establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The Citv ofldaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the anoexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2.4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 1.37 acres to Limited Office (L-O) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 1.37acres. The legal description FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-O3.004) PAGE 11 OF 16 shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de.annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations of the Meridian Planoing & Zoning Department as follows: Anoexation and Zoninll Conditions of Approval 1. Remove any existing domestic wells and/or septic systems within this proj ect from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All future development or re-development of the subject property shall be in accordance with City of Meridian ordinances in effect at the time of development. A CZC shall be required from the City prior to re-development of the subject property to a use permitted within the L-G zone. All other uses of the property may be allowed only upon approval of a conditional use permit. 3. A Development Agreement shall be required for this annexation and shall address uses and other development impacts of the property and include language similar to other development agreements in an L-G zone. The agreement shall require the building construction and site layout to be in substantial conformance with the site plan presented with the application. A minimum 29-foot wide, permanent, open, vehicular roadway connecting S. Montvue Drive with St. Luke's Drive must be constructed prior to any Certificate of Occupancy issued on the site. (Revised per City Council's action taken at their May 6, 2003 meeting.) 4. The applicant shall be required to construct sanitary sewer and water mains in the private road to comply with the "to and through" policy of the City of Meridian. Proper easements will be required over the utility locations. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ.03.004) PAGE 12 OF 16 t '.' . --..-.....- .--..- B. Adopt the Recommendations of ACHD as follows: Anticipated Site-Specific Conditions The following conditions are intended to cover the District policies that will pertain to any development proposal for this site. Upon the receipt of a development application in the future for this site the District intends to include the following conditions and may add additional conditions that may also apply to this site. I. Dedicate an additional 7-feet of right-of-way for Möntvue Drive abutting the site and widen Montvue Drive abutting the site to one-half of a 40.foot street section and construct curb, gutter and sidewalk. 2. Construct any driveways on Montvue Drive a minimum of 50-feet from any intersection. Any driveways on Montvue Drive should be constructed to be a maximum of 35-feet wide. Pave any driveway(s) abutting public streets to their full width and at least 30-feet into the site beyond the edge of pavement of Mont vue Drive. 3. Comply with all Standard Conditions of Approval. Standard Conditions of Approval I. Any existing irrigation facilities shall be relocated outside of the right.of-way. 2. All utility relocation costs associated with improving street frontages. abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONI'VUE MEDICAL CLINIC (AZ.03-004) PAGE 13 OF 16 1 ,< . 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1.800-342- 1585) at least two full business days prior to breaking ground within ACHD right.of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planoed use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planoed use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow per the Uniform Fire Code Appendix ill-A to service the project. Fire hydrants shall be placed an average of4üO' apart. 1997 UFCAppendix ill-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All roads shall have a turning radius of28' inside and 48' outside. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-O3.004) PAGE 14 OF 16 ~ ,~ ~ 4. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 5. Operational fJ.re hydrants and temporary or permanent street signs are required befóre combustible construction begins. UFC 901.4.2 & 901.3 . 6. We would request that the private road be givenaname and the property addressed off of that street. 7. Provide a vertical clearance of 13'6" in drive thru areas. D. Adopt the Recommendations/Comments of Sanitary Service as follows: 1. Is it possible for the service vehicle to approach or exit the water enclosure on the south side of the facility, vehicles are 9' wide and 38' feet long. 2. No enclosure plans have been submitted. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the anoexation and zoning designation ofthe real property which is the subj ect of the application to (L-O) Limited Office District, and Meridian City Code § 11-7-2. 5. Subsequent to the passage ofthe Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11.21. I in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property whi'ch 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING MONTVUE MEDICAL CLINIC (AZ-03-004) PAGE 15 OF 16 ~ ,'", ~ provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the z.o-rh day of Yv\~ ROLL CALL ,2003. COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM LM. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 5-'lo-03 VOTED~ VOTED~ VOTED~ VOTED~ VOTED~ Attest: Meridian City Council Meeling Seplember 23, 2003 Pg. 3 of 44 M. N. o. P. G. Findings of Fact and Conclusions of Law for Approval: AZ 03- 014 Request for annexation and zoning of 33.25 acres from RUT to R.8 zones for proposed Tuscany Villaqe by Tuscany Development, Inc. - south of East Victory Road and west of South Locust Grove Road: H. Findings of Fact and Conclusions of Law for Approval: PP 03- 015 Request for Preliminary Plat approval of 136 building lots and 10 other lots on 33.25 acres in a proposed R.8 zone for proposed Tuscany Villaqe by Tuscany Deveiopment, Inc. - south of East Victory Road and west of South Locust Grove Road: I. Findings of Fact and Conclusions of Law for Approval: CUP 03-029 Request for a Conditional Use Permit for a Planned Unit Development with reduced lot widths and setbacks for the proposed Tuscany Villaqe by Tuscany Development, Inc. - south of East Victory Road and west of South Locust Grove Road: K. Findings of Fact and Conclusions of Law for Approval: VAR 03-012 Request for a Variance to block length requirements for a block on the south side of Clearbrook Street for Clearbrook Estates Subdivision by RK. Development, LLC - west of North Meridian Road and south of West Ustick Road: L. Findings of Fact and Conclusions of Law for Approval: CUP 03-024 Request for a Conditional Use Permit to construct a new dental clinic in an L.O zone for Seeqmiller Dental by Dr. Dave Seegmiiler - south of East Gala Street and east of South Miilennium Way: Findings of Fact and Conclusions of Law for Approval: CUP 03-037 Request for a Conditional Use Permit to move into older home used as office space, pave portion of adjacent lot, use as dealership for used automobiles in a C.G zone for O.P.M. Enterprises by O.P.M. Enterprises, Inc. - 1065 East Fairview Avenue: Development Agreement: AZ. 03-004 Request for annexation and zoning of 1.37 acres from R-1 to L.O zones for Montvue Medical Clinic by Pinnacle Engineers, Inc. - 360 East Montvue Drive: Sewer and Water Main Easementfor Cherry Crossing: Sewer Easement for Tuscany Village: Meridian City Council Meeting September 23, 2003 Pg,4of44 Q. Streetlight Agreement for Burney Glen No.1: R. Approve Contract for Stenographic Services - MD Willis, Inc.: S. Resolution No. Approving the Memorandum of Understanding with Meridian Firefighters Local 2311 regarding Wages: T. Resolution No. Approving Collective Labor Agreement with Local #2311 International Association of Firefig hters: De Weerd: Okay. Consent Agenda. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve the Consent Agenda with Item J being moved to the regular agenda item as five J and for item S. the resolution approving "" understanding the Meridian Firefighters regarding wages, be tabled until October 7th, 2003, and that the Council President sign and the Clerk attest to all proper papers. Nary: Second. De Weerd: Okay. It's been moved and seconded with changes to items J and S. Mr. Clerk, roll call. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. De Weerd: Thank you. MOTION CARRIED: ALL AYES. Item 4: Department Reports A. Finance Department: 1. Finance Report: De Weerd: Okay. Item number four is Department Reports. We will start with item A with the Finance Department. Stacy. Kilchenmann: Madam President, members of the Council, I don't really have anything in particular to point out with the financial statement this month, except for a couple pleasant items that bond rates are going up and we have purchased some bond rates