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HomeMy WebLinkAboutTouchmark Living Center CPALEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: SEPTEMBER 23 1999 TRANSMITTAL DATE: AUGUST 2, 1999 HEARING DATE: SEPTEMBER 30 1999 SPECIAL MEETING FILE NUMBER: CPA -99-004 REQUEST: COMPREHENSIVE PLAN AMENDMENT FOR TOUCHMARK LIVING CENTERS INC. BY: JOSEPH A. BILLIG• WATERFORD DEVELOPMENT & CONST. CO. LOCATION OF PROPERTY OR PROJECT: E. OF ST. LUKE'S BETWEEN 1-84 & FRANKLIN ROADS TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY Mayor A Good Place to Live ROBERT D. CORRIE CITY OF MERIDIAN City Council Members CHARLES ROUNTREE 33 EAST IDAHO MERIDIAN, IDAHO 83642 GLENN BENTLEY (208) 888-4433 •Fax (208) 887-4813 RON ANDERSON City Clerk Fax (208) 888-4218 KEITH BIRD LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: SEPTEMBER 23 1999 TRANSMITTAL DATE: AUGUST 2, 1999 HEARING DATE: SEPTEMBER 30 1999 SPECIAL MEETING FILE NUMBER: CPA -99-004 REQUEST: COMPREHENSIVE PLAN AMENDMENT FOR TOUCHMARK LIVING CENTERS INC. BY: JOSEPH A. BILLIG• WATERFORD DEVELOPMENT & CONST. CO. LOCATION OF PROPERTY OR PROJECT: E. OF ST. LUKE'S BETWEEN 1-84 & FRANKLIN ROADS TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: 0 r-1 LA m O a v JUL-19-1999 10 15 BRIGGS ENGINEERING3 INC. C 12083452950 � 2:71999 CITY CITY OF D�RIDIAN J U l Z� Meridian, ID 83642 CI`I`� t) P A� t<- 1ll1AN 200 East Carlton Avenue, Ste. 201, �IhG & �p:�IN(� Phone: (208)884-5533 P Fax: (208) 887-1297 F . COMPREHENSI-VE PLAN AMENDMENT APPLICATION APPLICANT: �►. �7;\I� PRONE: & 6 • �iA ADDRESS: / L.��• n GGt 5 �^`' ' �' �''�`' • � x.16• �1f36 OWNER: w �-�• �� �� `fit G'AS� • PHONE: ADDRE�SS: S o S W GENERAL LOCATION: LEGAL DESCRIPTION OF PROPERTY: PROOF OF OWNERSiIP OR VALID OPTION: A copy of your property deed or option agreement must be attached. pRESENT ZONE CLASSIFICATION: J )9Q2U1 SKETCH: A vicinity map and/or site plan at a stale approved by the City showing properly lutes, existing streets, easements, and such other items as the City may require (35 copies)_ Fee: 1 0 .00 I hereby certify that the information contained herein is true and correct I also certify that I will post the property one (1) week before each public hearing. SIGNATURE: JUL 3 0 1999 City of Meri rli sirs City Clerk ,;ffice 0 0 BR/GGS ENG/NEER/NG /nc� 1800 West Overland Road E�N��NNE / SURVEYORS Boise, Idaho 83705 — 3142 Voice (208) 344-9700 Fax (208) 345-2950 E-mail BEldaho@msn.com July 27, 1999 COMPREHENSIVE PLAN CHANGE FOR TOUCHMARK LIVING CENTERS 1. The applicant requests a revision of the Comprehensive Plan map from Single Family Residential to Mixed/Planned Use Development. 2. The application involves two parcels. The Ed Bews property consisting of 72.6 acres, which is under contract with Touchmark Living Centers and the Rick Thomas property consisting of 70 acres, also under contract with Touchmark. Both parcels lye outside the city limits. The Bews parcel is currently zoned R-3 and RT and the Thomas property is zoned RT. The Bews property is divided by two designations on the Comprehensive Plan map. Approximately 65% of the parcel is Mixed/Planned Use Development and 35% Single Family Residential. The Thomas parcel is designatedSingle Family Residential. City o sewer and water are available at the west boundary the Bews property. days 3. The applicant had prepared a site plan on the Bews mit developmend was W1thin The site plan f submitting application for annexation and p _ single fngs included a nursing home facility, multi-fami ly medical office. The entire project was dedicated tosdifferenlevels of carte or thedwellieldeand The applicant was contacted by St. Luke's Regional Medical Center who asked Touchmark to consider the sale of ten acres adjacent to the St. Luke's property. St. Luke's believes this ten acres is necessary to provide adequate area for growth of the medical facility. The St. Luke's acquisition required Touchmark to revise the site plan and shift the nursing home into the single-family residential designation on the Bews parcel, and eastward into the Thomas property. This North Eagle intersection area has developed with the hospital, supportive medical office and a variety of commercial uses. The assisted living care facility with its varying levels of elderly care and housing will provide a necessary service close to medical care and commercial uses. The current Comprehensive Plan does not reflect continuing development of related medical and elderly services. 4. Additional medical facilities such as a nursing home and varying levels of assisted care for the elderly provides a necessary community service. The number of individuals over the 980601 -comp plan change BRIGGS ENGINEER69 INC. 7800 w. overland Road - s0, Idaho 83705 - (208) 344-9700 age of 65 is increasing at a rapid rate in the Treasure Valley as more people move into the area. The need for a complex as proposed is great. 5. Staff has indicated that the designation of single-family residential will not accommodate the elderly multi -family or nursing home. The applicant sees no alternative but to request a revision to the map. 6. A concept plan is included in this application t owr�r�eview. The site plan ouses and limited commercialcludes relatedto ical office, nursing home, elderly cottage homes, the care facility (i.e. small neighborhood store, restaurant and beauty salon). The extension into the Thomas parcel would include elderly housing. 7. Touchmark will extend water and sewer east into the subject project. They will construct the internal private streets and multiple open space facilities. An existing well is located on the Bews parcel. The City Engineer has expressed interest in converting the well for public use and connecting to the municipal water system. The assisted care facility will provide additional tax revenue to the City of Meridian. Sincerely, BRII ENGINEERIN , I Becky L. B99cutt Land Use Planner BLB:fc 980601 -comp plan change 07%26/99 MON 16:22 FAX 503 644 3568 TOUCHMARK LIVING CENTS, WILD SHAMROCK LLP Suite 240 12301 W. Explorer Dr. Boise, ID 83713 Phone 208-322-7529 FAX 208-322.7554 July 26, 1999 Gary Smith Public Works Department City Of Meridian Suite 100 200 East Garston Meridian, Idaho 83642 Re: Wild Shamrock property 0 Franklin Road Hello Cary, As you know, Touchmark living Centers has purchased the former Bews property, which is east of the St. Lukes property. Touctimark is also negotiating to purchase the Wild Shamrock property (east of Bews). With this in mind. Touchmark will be including the seventy acre Wild Shamrock property in their master plan. The purpose of this letter is let you know that Touchmark has the owners permission to represent this property when dealing with the City Of Meridian. Sincerely, Rick Thomas Wild Shamrock LLP ca: Joe Billig Q Touchmark TI b —?f,-1999 17' ?5 cr@l 1,44 79;R -- Purchase and Sale Agreement By and Between Touchmark Living Centers Inc. (TLC or Buyer and E.L. Bews (Bews or Seller) September 7, 1998 The purchase and sale agreement dated April 28, 1998 is null and void as of the acceptance date of this document. This agreement supercedes all modifications made to date, except for the agreement accepted and agreed to on August A 1998 extending the original closing date to September 9, 1998, and contains the entire agreement between Buyer and Seller, and no oral agreements shall be of any effect whatsoever. Touchmark Living Centers, Inc. "(Buyer") proposes to master plan the entire 72.6 acre (more or e Road adjacent to the property owned and under development gess) parcel located at Franklin & Eagle by St. Luke's Hospital. The Buyer proposes purchasing the 72.6 acres (more or less) in three separate segments: 16.3 acre (more or less) cash purchase and 10 acre contribution to Waterford of the Treasure Valley, LLC. This property lies in the southwest corner of the parcel adjacent to the Hospital, and shall be hereinafter defined as "Parcel #1". • 28 month option contract period to purchase the contiguous east 21.7 acres (more or less), hereinafter defined as "Parcel #2". • Remaining 24.6 acres (more or less) as a separate option contract, hereinafter defined as "Parcel 0". 1) Buyer is aware that the 72.6 acres (more or less) is not currently zoned andprocess, said responsible for the zoning and annexation process. Seller may pard n the pate p participation to be mutually agreed upon prior to the September 1, 1998 closing date- District access to Franklin Road in accordance with Ada County Highway District 2) Seller will gran rovements, including land cost, will be borne (ACRD) standards. The cost of the access imp the road by the Buyer. Seller and Buyer will enter into a separate agreementregarding access from Franklin Road on or before September 9, 1998- The Seller agrees to pay some costs relating to engineering and design of subject access and improvements, said costs to be mutually agreed upon prior to the September 9, 1998 closing date. 3) Seller will provide Buyer a certified engineer's survey verifying the exact acreage of Parcel #1 at closing. 4) Buyer acknowledges that remaining parcels are approximate acreages. Actual acreage will be determined at or before purchase date of the parcels by certified engineer's survey. 1. 16.3 The closing date for Parcel #1 is September 9, 1998. On that date, Buyer shall forward the purchase price to be deposited in an interest-bearing escrow account in favor of the Seller with First American Title Insurance with Tina Smith (208/375-0700,208/327-5514 FAX). 0 0 Purchase and Sale Agreement Page 3 09/07/98 property at an agreed purchase price. The Buyer shall have five business days to accept or reject said first right. 4) Buyer grants to Seller the right to leave in 35% of Seller's ownership on Parcel #2, based on Buyer's price at closing. 5) Buyer warrants that it will not sell the optioned property (Parcel #2) without the approval of the Seller and the Seller shall participate at 50/500/a with the Buyer in any gross profits over the option agreement's purchase price. Seller has the right to approve purchaser and shall not be responsible for any additional improvements, services, plats, etc. 6) All option moneys will be applied as cash to the purchase price of Parcel #2 on closing date. PARCEL V. UVION 1) The Seller grants the Buyer the right to option the remaining 24.6 acres (mom or less) as a separate option as follows: a) The option shall commence from closing of the first transaction of Parcel #1 (September 9, 1998), and shall expire on December 31, 1999. No extensions shall be granted; Buyer shall forfeit all earnest money if transaction does not close by this date. b) Non refundable option money of $: less the $ previously applied will be paid on the first closing of the cash sale (Parcel #1); the commencement date of the option. This option applies only if Buyer purchases the optioned property. 2) The option price of $. per acre (at the current date) will increase'/`% per month (9% per annum) over the option period. terms and conditions as with Parcel #2 option agreement remain the same as 3) The remaining to Seller the right to leave in Bey apply to the 24.6 acre option, incl �n 8���p� � �e of clos' g. 35% of Seller's ownership on parcel # 3 based The following is a breakdown of the cash payment to be made by Touchmark at closing, September 9,1998: 12/19/97 Non refundable option money to extend closing to 4/30/98 $ to be applied to options to purchase Parcels #2 and #3: 4/30/98 Non refundable option money to renegotiate closing to 8/31/98 $ to be applied to options to purchase Parcels #2 and #3 9/09/98 Cash purchase of 16.3 acres (more or less) x $' $ (Parcel #1) Purchase and Sale Agreement Page 2 09/07/98 The purchase price is x 16.3 acres). The purchase price is payable as follows: 1) $ . ,cash at closing. 2) An additional 10 acres will be contributed to the Waw m° fie Lof LC These said e Treasure Ownershipat closing and immediately converted to ownership _ units begin to earn a priority return of 8% per t��tuan the for the iSng of h delayed past August structure construction loan. In no event shat 31,1999. a) Buyer must provide evidence to Seller that Waterford of the Treasure Valley, LLC, is a newly formed Limited Liability Company and Buyer agrees to cooperate in the transaction so that it would result in a nontaxable event to the Seller. If said transaction will not result in a nontaxable event to the Seller, then the said 10 -acre contribution becomes a cash sale with the same terms and conditions as the other cash sale ($'.. 1 at the current date). $) If the LLC Private Offering includes a provision for early invevalue st bethe gin �j then t �d seller will receive said "bonus" units of the $ . . contribution units. 1) Seller agrees to grant to Buyer a 28 month Option from the date of closing to purchase all or part of the contiguous east 21.7 acres (more o ) ws a) The option shall commence from closing of the first transaction of Parcel #1 (September 9, 1998) and shall expire on December 31, 2000. No extensions shall be granted; Buyer shall forfeit all earnest money if transaction does not close by this date. option $. money previously b) Non refimdable option money of $: less This option applies applied will be paid at first closing of the cash sale (Parcel #1). P only if Buyer purchases the optioned property. 2) The option price of $: per acre (at the current date) will increase'/4% per month (9% per annum) over the option period. $; . -- $_ per acre 1-12 months J _ $ per acre 13-24 months $ _ $ _ $ :per acre 25-28 months Y p rice of (The actual option price per acre will be determined b the cash urchase p Parcel #2 at closing; the price per acre may be higher.) the aforementioned 3) If the option has not been fully exercised during a first right of reto purchase aidption period, then e Seller will for a period of two years grant the Y Purchase and Sale Agreement Page 4 09/07/98 9/09/98 Non refundable option money of $. for Parcel #2 less $ _ previously applied ($ divided between Parcels #2 and #3) to be applied at closing of option contract (no later than $ December 31, 2000) 9/09/98 Non refundable option money of $ for Parcel #3 less $ - , previously applied ($. divided between Parcels #2 and #3) to be applied at closing of option contract (no later than December 31, 1999) $ On September 9, 1998, should the Buyer desire to option the additional Parcels #2 and #3, the Buyer shall pay to the Seller a sum of $ The parties hereto acknowledge that it is the intention of the Seller to enter into a tax-free exchange and that Seller's interest in this agreement may be under Section 1031 of the Internal Revenue Code, s � cooperate �� the Seller to assigned and/or novated to facilitate such exchange. Buyer agree pe enable Seller to structure this transaction as part of a tax-free exchange provided that there is no additional cost or liability to Buyer. This agreement is assignable to affiliates of Touchmark Living Centers, Inc. As may be requested by the Buyer, the Seller agrees to execute an Assignment of Purchase Agreement whereby this agreement is assigned to Eagle Exchange as the Accommodator in a 1031 exchange. By: 4* Date: 9 Accepted and Agreed: By: %J Y Date: Werner G. Nistler, Jr. Chairman and CEO Touchmark Living Centers, Inc. 0 0 Assignment of Purchase Agreement Touchmark Living Centers, Inc to Eagle Exchange Corporation Between: Touchmark Living Centers, Inc. to ("ExchangoeI TLC properties - USA 5150 SW Griffith Drive Beaverton, OR 97005 Eagle Exchange Corporation ("Accommodator) 1700 SW Fourth, Suite 103 Portland, OR 97201 E. L. Bews ("Seller") And: 5206 Sorrento Circle Boise, ID 83704 RECITALS A. Exchangor is the purchaser of certain real property described on Exhibit A, attached hereto and made a part hereof by this reference ("Replacement Property")' S 7, lilt to purchase and B. Exchanger and Seller have entered udin agreement ts anated d addendums thereto, and all earnest sale the Replacement Property g money (hereafter "Purchase Agreement"). C. Exchangor desires to affect a tax-deferred exchange pursuant to Section 1031 of the Internal Revenue Code. D. Accommodator is willing to act as a "qualified intermediary," as that term's defined in Treas Reg § 1.103 1(k) -1(9)(4) - AGREEMENT 1. Assignment. Exchangor hereby conveys, sells, assigns, transfers, and gwtclaims unto Accommodamr At of Exchangoe s right, title, and interest in and to the Purchase Agreement other than in $joption payment referenced in the Purchase Agreement. 2. Seller's Consent. Seller hereby consents to the assignment of the Purchase Agreement from Exchangor to Accommodator. 3. Direct Deed Option- The Parties agree that on the closing of the sale un Y� under the Agreement, if directed by Accommodator, Seller will convey the property to be Purchase Agreement (hereafter "Property") directly from Seller to Exchangor, even the ugh vided in Accommodator will be the purchaser of the Property under the Purchase Agree Treas Reg § 1.1031(k) -i (-g)(4)(v). wbidbe.tjc..jgnment.doc s 09106/98 . 10:16 AM 4. Representations and Warranties. Accommodator does not assume any responsibility for any of the obligationsrepresentations, warranties, and covenants of Exchangor under the Purchase , Agreement. In the event of the b Seller shall look obligation y to Exchangorr under the Purchase Agreement, the parties agree br 5. Amendment of Purchase Agreement. The Purchase Agreement is hereby deemed amended by the terms and provisions of this Agreement. 6. Indemnification by Exchangor. Exchangor hereby agrees to defend, indemnify, and hold on harmless Accommodator, its Employees, agents, and/or any other persons acting se Seller's and/or Exchangor's behalf, from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits, orders, and other proceedings and costs and expenses (including expert, consultant, and attorney fees and costs), out-of-pocket expenses, and other costs ("Claims") arising out of or in any way associated with Accommodator entering into this Assignment or taking any action pursuant to this Assignment. This indemnity includes Claims related to the contamination of or from the Relinquished Property or the Replacement Property by any substance or material defined or designated as a hazardous, toxic, radioactive, or infectious waste, material, or substance, or other similar term (including asbestos-containmg materials and PCBs), by any federal, state, or local environmental statute, regulation, or ordinance presently in effect or subsequently enacted, including but not limited to contamination of the surface and subsurface of the ground, soil, surface water, groundwater, air, or sediments. 7. Counterparts. This Assignment may be executed in one or more counterparts. 8. Facsimile. This Assignment may be transmitted by facsimile or other electronic means, and upon receipt, shall be deemed an original. EXCHANGOR: TLC Properties - USA By: Its: SELLER: Its: wbidbewsticassignment.doc * 09/06198 * 10:16 AM ACCOmMODATOR: Eagle Exchange Corporation By: Its: ASSIGNOR Touchmark Living Centers, Inc. Its: C �— Waterford of the Treasure Valley, LLC Acknowledgement of Land Contribution and Investor Units in LLC September 99 1998 Recitals The Waterford of the Treasure Valley LLC (WBID) was formed on April 13,1998 to develop a Continuing Care Retirement Community in Meridian, Idaho. acres of land to Edward L. Bews and Shirley B. Bews (Bews)havedeed the ownership units in tha form of on September 9, 1998 and are entitled to receive aPornon of Investor Units. Agreement WBID hereby agrees to grant Investor units to Bews that are equivalent to the same amount of g to the value of the land contribution hichan units granted to a cash investor amountin num at the These said ownership units begin to earn a priority return per closing of the Phase 1 main structure construction loan. In no event shall this return for the Seller be delayed past August 31, 1999. If the LLC Private Offering includes a provision for early investor "bonus" units, then the seller will receive said "bonus" units of the value above of the land contribution units. Agreed and Accepted: By Werner G. Kistler, Jr. Date CEO and Chairman of Touchmark Living Centers, Inc. Managing Member wbidbowsar-knowlodgmmt-o9ro6l9g-lO:m AM �O r I� For Value Received WARRAN'.l'`Y DEED LDVARD L. SEWS and SHIMM C. SEVS9 husband and wife the grantors . do hereby grant. bargain. Sell and eontny nota WATERFORD OF THE TREASURE YALLE:'. LLC the gTat+ Lees . the following described premises, in ......Ada •• • • County Idaho. to wit: SEE EXHIBIT "A" ATTACHED HERETO AND KADE A PART HEREOP. AICiW T 1j 1:_ REGORGED • REQUEST OF FIRSADA T :YfiC =''•• A. F;k y� —DEPUTY 01SstDJ Ma SP 10 PH 4:06 9806T167 with owl. appurtenemc a s0 the said Ceatttes . 'i'O HAVE AND TO it" Me said pr" And the satd Gratatioes de heeeby eo�►enant to at+d their hstra and assim fes• in tee eltmple of eatd pt+eutisea:flat thep ate free with the Bald Grantees . that that' are � o•t+er from alleneumbtanea ePxcePt aseeentsarsubdivears taxes$ irrionsta d piSupatentates ations. public uti y and that they will wamnt and defend the name from *U Mwtui cis"" whatsa"r- Dated: September S. 1998 it?A'R Of LDJ�MG, coax a v OT Ada WON as y' a.s at Sept. .19 98 t+.toN w... t»t•n "t►ife M •at t-1 naw nate. f amine Eduard L. Dews i Shirley C. Sews .SRI WV i / i StAlt Of s Iwretw'-ft Was AI•d t o weanl at *Ve ek a... as wawa.. e`r .t to .Mat! •let. ane nab t+e•r W, M ijoa of Dads at }.es aM.e 1, no 1• ►e tM IK� a �11� w.s"et are s tytMtti►te t. l*t vltwtw /weteYTMt, •M •ta"oWled•ed 1e id-OIeM 04a etetYt.a tM Mw.e• .440 •• Dope" - too 1 1► 4 Or } � I+wrf hId �/'�� xaq t•: Pi t American Title Company o Idaho DESCRIPTION FOR PARCEL 1-A September 8, 1998 A parcel of land located in the East '/z of the NW % of Section 16, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the NE comer of the NW'/4 (north'/ comer) of Section 16, T. 3N., R. 1E., B.M., thence S 0°13'01" E 1,160.81 feet along the east line of said NW %to a point; Thence N 89'2335" W 1,051.60 feet to the REAL POINT OF BEGINNING of this description; Thence S 0°21'56" E 1,469.07 feet to a point on the northerly right-of-way of 1-84; Thence N 85°44'30" W 299.47 feet along said right-of-way to a point on the west line of the East 'h of said NW 1/4; Thence N 0°21'56" W 1,450.00 feet to a point; Thence S 89°23'35" E 298.54 feet to the REAL POINT OF BEGINNING of this description, containing 10.00 acres, more or less. Michael E. Marks, PLS 4998 980902\Parce1-1 Ades r N �-' • WARRANTY DEED • For value Received PAID ST AN ACCoMMAIM p"SUANI To AN IRC 51071 EXCNANCE EDWARD L, SEWS Sad VAIRLU G- SEWS. husband aad vile hereby Ste, banWm' sa and coavey unto 10 the tR a. do TLC YRapgaIES - USAvertoa. OR 97005 the�Ws wbWcvnentaddressis 5150 s.v. Griffith Orive - �a ADA County Idaho. to -wit: the f described Pcemisa. in ........ ............. sit MMISIT 'c ATTACKED HERETO AND MADE A PART NERFAF. FMST AMERICAN TITLE CogECORDED-F16ES1 OF W.S£. toe"O 98087166 tosP 10 Ph L: C6 naso the said Onateea rC► NwvE AND To NOL° d+e sod F-Uu".>sdothat No an thetc y a<e die o•aa is fse owok of "N �`tg uelie aetltttr with Wer MWGw+m s, dot 66 s tcstsattoa distciet assessseats. P eaa�mm sxespt eacseot y ad 0.s. patent cesecvattons, eas�ge sabdWstoa cestctettoas S Sad dnt deo y wo wa:rsm and ddead tine same tcom on lawful daia.s wuatsoeea- Date& Septeabec 8. I"S z CoWff or Ada c . h 9S. �Y 1 s.ewr « d"` iru""� s+.r p. *@W4«.ss awn C o.a+ of '� .cava ... m S.W.i shtcley e. Sees "Yet 7 Edvacd L. °r` .is•r ••s BOA O h . erp.ee.«a.a ace h.@"Wmewbttl. �suts a �p■MdMa p .o f�otfiwe vrMa w �"'A"cussaw- N .rte. • �• fen t Kul to: at `�` �"�"•-• - �` First American Title Company o fIdaho e�• EXHIBIT "A" p, parcel of land located in the East half of the Northwest Quarter of Section 16, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the of Section 16, Townshipeast corner of the N3rN North,, Range west Quarter (� 1/4 corner) Boise Meridian; thence South 0013001" East 1,160.81 feet along the East line of said , Northwest Quarter to a point; thence North 89023135" West 573.10 feet to the REAL POINT OF BEGINNING of this description; thence South 0021156" East 1,496.06 feet to a point on the south line of said Northwest Quarter; thence North 89023135" West 56.15 feet along said South line to a point on the Northerly right-of-way of I-84; thence North 85044'30" West 423.67 feet along said right-of-way to a point; thence North 0021156" West 1,469.07 feet to a point; thence South 89023135" East 478.50 feet to the REAL POINT OF BEGINNING of this description. BASIS OF BEAR/NG . FRANKLIN ROAD 1-0 cU t d'! t� I �i N 00 = Co a' c0 � gl1 O W g. S 79'29'58" E 117.09 Z m O 0 n O ul PARCEL 3 io 28.72 ACRES. +\— o W I 1 i S85'31'47"E 235.00 in ' •iv�l N � N 89.23' 35 • W 13%W 573 04 r- 1-- 298.54 47&SW 1 1 ! 1 1 1 1 1 1 ! 1 ! 1 1 0 1 1 1 � n Q f =1 =QQ ry X 1 g gl ��/ (�• 1 W J Uj ./ Gly Sol 1 �(0 'o Q O o M 00 In O 1 1 (p 1 N 1 O 1 i O ! 1 Z i 1 1 ' 1 1 t ! 299.4T 569.22• _ N 85'44'30" W 723.14' s61 N 89'23'35" W 625.37' INTERSTATE 84 NORTH 07/26/99 MON 09:58 FAX 503 644 3568 TOUCHMARK LIVING CENTERS ` 1� -23_1999 19:OSTERF(7RD DEV CUNST • 46 196 East sannodc Bate, Idaho 83712 { 20i 381.2222 Edwin E. Dahlberg Miid.M l I July 21, 1999 Mr. Bernie L. Neil Touchatatk Living Canters, lac - .2979 S. Waterford Drivc Spokane, WA 99203.4400 .J- LIL=m St Ai Lukds 11 7 R600na, MWICal Center pear Mr. Neil: We hereby accept and agree to the terms andconditions of the attached memoraaduun of understanding dated July 12. 1999 and siPr-d by you w'th the exception of item #lg. As an alternative, we submit the following substitute language• "1 S. SLRMC will indemnify and hold Touchmark harmless on any lawsuit filed wittan one (1) year of the closing daLe by an adjoining Proms °wrier seeking to enjoin the exchange or otherwise prevent ToucbasWs intended use of the Pmp9dy an alleging a promise or assurance by St. Luke's regarding the use of the 10 acres now owned by St. Luke's." Should you find this subsdtute WVne acceptable, sa well as the other items you pt-eviously your atimbed signatme, Please sip and rctmn this letter. Lake you, we approved as noted by >� to move this agreeme�it fQr*'� as soon �' fessiblc. Please w7ttact me if you have uay questions. t Ciary L, Fletcber Executive vice President GLF/sb I I I I JUL-26-1999 11:02 I �- 04 �fZ4WC7 ed --(r z s, its 95% 4*44 c-- - ARK _07/26/99 MON 09:59 FAX 503 644WA�6R8F� DEV & GC7fx5� LIVING CENTERS -- ipj u JLL-23-1999 18' 06 . • July 12,1999 I DW CWY Flewler. Ca William BodOssr, Watft istler, Thank YOUyour WtWr dated April 2.1999• purswutt to the conversations with Werner Nistler, we aro fOr i recasting the letter agreamaA eS follows: itc uns _ roost Madicai Center {SLRMC) wiU swap the l0 ssac�neh that crus along the fMM the 5t+ Lukes leg for 10 acres ovmad by Ment will also SLMRC site to Franklin Road in o ble covcnants. 1JUS rw •state affm 1 east of our main site with mutually agceea to both pssrties with mutually agrecable cavenaMs• Provide access and sig<tage easamsut rights � the east. Thomas's on the •deutans, land g Tonchaaas'kwill continue avtistmos with the ��� we WM sdi SLRMC an Should Totiehmark be sn ul is weadd g reasonable to A above at asutuaNy s„deMona110 acm to the eeat of the land you are Mowing agremble arms• to B above � s�fthe erameed is A above (and earrisd forward The esmte age and eft egseesnettts should we be s sccessfnt in acquiring the intomas land) would utclods following m lYacceptable agreements: for like vsluc . eats on thin ten nares in11he land A above would bo exchanged and essam� a$raaw to and St. Luke's and shall not be able to be manual eos�enu abill only be provided t to or gn�a' roads going tlttMgh the Tmwhmark and St. exmdcd to any odwr prwpatY owner ecu otbet than these pWtks who � acgnise Parrds Luke's Medical Center's (SLRMC) p�st� idcnfscal to St. Luke's currarst ° Of 123 ikon di do Twohmak with a sign of a style and design Cis sole approval SLRNIC shat} prow titittaa �y� fed (sigma face) and subject to SLRM �e for all costs sipa8e in a size not to exceed to this sasaammt• Touabmarle world be cespoas to be located at the Eagle Road errtrY cal to ' of this sigpage. provide SLRMC with a Sim of s style and desi gn grid Subject to 4. Simi larly, ?oucbmaW r nnot to exceed this oen square feet (sign fete) eat 5t Luke'o Toucbianarlc s site signage to this ca sem"* Sole Approval to be located u the Franitlin Road erstry sable fod all costs of this sig"V- .s line. would be nespon fivm Eagle Road to ?ouchmatk proPO1�' in the eamasent roadway road Similar Uaffta cappcih► and at an S. SLRMC OW1 mainta to St. Luke -3, property line. ToualuaKk "I build and maiUWtt an esserrr� be $191181iNdfrmm Franklin Road intersection wh�eb SLRMC dct tw lamer dsee December 31. 2000- Trade calming me*Sa:ee Both road projects sbail be completedes shall M provided, but that do not unpcde emergency ambulance 1MvMMUy le to bods trs�c to or from the party's prof eats or other formai 6 /�y�refetanee by TouOkmark w SLOW its BA frizationp SLRMC. AaY similar refetena I lions shall require the Csoprs Pt+or, zation; however autbonratsone will to'ralsdun"b' SLRMC:ball requsre similar written authoti '- be unreasonably to dot gated antra = "S the pmPOY i 1. SLJiMC shall alb t1D aUo'"r Touchmark toe toe LWC- line to drain development its a daiP � G:1P�ear°mFNasV�Se�eWD�'0Ip7�•�bidsLp�'� i1 / JLL-26-1999 11:02 503 644 3568 ain 07/26/99 MON 09:59 FAX 503 64435E688 D DEV a OUCHHMARK LIVING CENTERS J1 X._2�_i9g9 18. 06 SLAMC and Touchmark stall sb'"e to Plate no signage or S. ccopt far the above -toted eut<Y s�oa�• or W ddn 15 %et of pay tin that rises more than 28 feet aboveS' e,s logo ase the fact of the prograde site tiger g othc* ProPedyaggept em liter adjoinissg any Pa''h' �� for �ygaa to be built shall not be wnthia 60 ° agce that any above glade Q shielding acceptable to the building. Both p� line and shall be of a design and lads=Pe feet of any adjoining ProPam' other party. 9. Delewd. or A.O. by Touchmark or SLitMC on the 10. Deleted. who have active 11. Any medical office space sold or kssod m �� only � sok � teed to toaarlts adjacent ProPcMes covat+od by this agtoe rovida 'it" atter than those set'"'aa medical � Privileges at SLRgC, or to paste w1ho p provided by SLSMQ ate, sell or lease space on the lands covered by this a 't 12. SLRMC shall agree to pot develop, oyer or nursing borne s w4i� unless such services for the purpose of r. senior r eansmt d by this are at least 95% occupied or covered by this ag+cesne� units $� exempt !� opdratad by Touckmsrk on the propartY l known m *Mod care nursing otherwise s y ntiliaed services cetscs'e► Y to 30 t,�itimeal ears Ud& ,lad mast this eemexrt; bowevet' skim a+�t Units are lime strap clad 7010. � WA anaaased by gx,1RMC. This bed �0ss ag ��� �� by this be o � sell or lease app , 13 _ Towhmwk s � �� g ; or outpaicart medical �y offered by agree meed by SLRMC on the pMPeM this age SLRMC unloss such services ly utilized. Service 962Mkknown as nursing bona least 95% occupied or othea' ask ��'�sse ssimilarlits&e therapies (PT, OT. s ) arc "'Pt for this ' saviccs, skilled care scwices. and disclose vvt to Touchmask shall notify and a�epde�pt. and Toucbtnack 14. SUM shall ndit and disclose im � eonditisms, soil stadia. «svirotimesrtal sttadsa. in writing to SULNIC saY s'�c' m' ¢oven a'as each may have relative to the proposes covered traffic studies+ flagon, claims, w oases ' 30 days Prior to the closing of this a�aasent- coderthis agroess wbieh exist of ate p owners to create an Touch will s St. Luke s coauni to tlse Niontrue Ply and theic adjscxnt ProPs%� buffet buss the escch uved inoP°Ry ap�priately designed land b l�artvue prope�Y oan+ers landsaPe b"ffa s8 °t• subject to Touchmatk ttvi provided within 30 s 15. Deleted, alt d� and adw comments or apps shall be J& Both part t" days of receipt l s sls shall not be unrwavably pMtteld. end that sixh ' a �oattble h�dsetbock >�� if r�vm 1'oa�� i?. S13LMC s+nd Touebet,sk tc►lD � � b,a•d Un pact th detita of any bsadigg to be built oa lead e: of ! prior to elosiag- to Uvouits broagbt �' ssty p&1 is. lSLRMC vel bold Tosehmark �ar reple" est a" d"mSLRXG ie- �", ovraers. rano l owning laud Cop�oMs to tbo i0 acus now to Toacbmak for a pe1� of a � P>bdog sc4nica by SLitli+fC that U being eXebiaCed year"M Closing. teeeivirs� aPpmPrsaLe land uses alit is subject to both SL.RMC and Totsehmwk 19. This entire agr+tem irriis>"�,� for momp- higXiway district as bk. Our submisswn to the: City of Meridisst► as SO°�d the We are interesting in moving oand date and Wdj% �e with your attorneys to p Should you agree, please sigts ea ba»ugO of land. C_uv00" �1eM,par+ JUL-26-1999 11=03 W/. ffrr 07/26/99 MON 10:00 FAX 503 644 3568 � TOUUCCHMARK LIVING CENTERS 7UL-23-1`399 18'0? Acknowledged and Apeed Gory L. Fictcher, Executive Vice President, TLfLMC Date shank you and should you have any quesbons. please Vdi me. Very truly YOUM' ` ��. i ' Bernie L� Ncil 'Vice President, i Toucbma k Living Centtrs, Inc. i l i i I i 1 i I i I 1 i I I [.:1F'�tJ'+�► ad+tlYoV�.,►.aaC t JUL-26-1999 1103 503 644 3568 3 TOTAL P.05 P.05 cin PUBLIC SERVICE ANNOUNCEMENT (per state code 67-6509) NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on November 3, 1999, for the purpose of reviewing and considering the application of Joseph A. Billig, Waterford Development & Construction Company for an amendment to the Meridian Comprehensive Plan Map from single family residential to mixed/planned use development for proposed Touchmark Living Centers which is generally located east of St. Luke's between 1-84 and Franklin Roads. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 8th day of October, 1999. WILLG. BERG, JR., C LERK O P SEAL PUBLISH October 13 and 27, 1999 PUBLIC SERVICE ANNOUNCEMENT (per state code 67-6509) NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:30 p.m. on September 30, 1999, for the purpose of reviewing and considering the application of Joseph A. Billig, Waterford Development & Construction Company for an amendment to the Meridian Comprehensive Plan Map from single family residential to mixed/planned use development for proposed Touchmark Living Centers which is generally located east of St. Luke's between 1-84 and Franklin Roads. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 3`d day of September 1999. ILLIAM G. BERG, JR.,WIERK taw � r�frr N SEAL \\\\ I till%\ PUBLISH September 8"' and 22nd, 1999 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF JOSEPH A. ) BILLIG/TOUCHMARK LIVING ) CENTERS, INC., FOR A ) COMPREHENSIVE PLAN ) AMENDMENT TO CHANGE LAND) USE FROM SINGLE-FAMILY ) RESIDENTIAL TO MIXED/ ) PLANNED USE DEVELOPMENT, ) LOCATED EAST OF ST. LUKE'S ) BETWEEN I-84 AND FRANKLIN ) ROADS, MERIDIAN, IDAHO ) FILE COPY CASE NO. CPA -99-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP The above entitled application for amendment to the City of Meridian's Comprehensive Plan Generalized Land Use Map having come on for public hearing before the City Council on the 31 day of November, 1999, at the hour of 7:00 p.m., which hearing was continued to the 16`' of November, 1999, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and appearing and offering testimony at the November 3, 1999, hearing were Shari Stiles, Planning and Zoning Administrator, and Becky Bowcutt of Briggs Engineering, Inc. appeared and testified on behalf of the Applicant, and Wesley Hoalst, appeared and commented at the November 3, 1999 hearing at which time the Council continued the hearing to the FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 1 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARIC, LIVING CENTERS, INC. - (CPA -99-004) regular meeting on the 16`' day of November, 1999, at the hour of 7:00 p.m. at which time Shari Stiles again appeared and Becky Bowcutt appeared and no one further appeared, and the Council having received the record of this matter from the Planning and Zoning Commission, and having received the "Findings of Fact and Conclusions of Law and Decision and Recommendation of the Planning and Zoning Commission on this application, and having duly considered the matter, the City Council makes the following Findings of Fact, Conclusions of Law, Decision and Order Amending Comprehensive Plan Generalized Land Use Map. FINDINGS OF FACT 1. A notice of the time, place, and a summary of the proposed amendment plan to bediscussed at the November 3, 1999, hearing, and continued to November 16, 1999, and was published fifteen (15) days prior to said hearing; copies of all notices were made available to newspaper, radio, and television stations; the matter was duly considered at the November 3, 1999, public hearing, and continued to the November 16, 1999 hearing; and the public was given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in the City of Meridian Comprehensive Plan and Idaho Code § 67-6509. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 2 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARK LIVING CENTERS, INC. - (CPA -99-004) 3. The property which is the subject of the application for amendment is herein described as follows to -wit: See attached Exhibit "A" and stating. "Description for Touchmark Annexation, October 19, 1999, submitted by Michael E. Marks, PLS No. 4998 of Professional Land Surveyors. 4. The Applicant is Joseph A. Billigf Touchmark Living Centers, Inc. of 5150 S.W. Griffith Dr., Beaverton, Oregon. The Applicant filed a written Comprehensive Plan amendment application. 5. The application concerns 72.6 acres which are presently owned by Mr. Ed Bews, which is outside of the City limits in Ada County and currently zoned R-3 and RT, and the other parcel is approximately 70 acres, and owned by Mr. Rick Thomas and which is currently zoned in the County as RT. 6. The subject property is presently designated on the Meridian Comprehensive Plan Generalized Land Use Map as 65% Mixed/Planned Use Development, and approximately 35% as Single -Family Residential with the Thomas parcel being designated as Single -Family Residential. 7. Pursuant to the application, the affected property is generally described as 142.6 acres located east of St. Luke's Medical Center, south of Franklin Road, north of I-84. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 3 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARK LIVING CENTERS, INC. - (CPA -99-004) 8. The Meridian Planning and Zoning Commission took judicial notice of its Zoning, Subdivision 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, Ord. No. 629-Jan.4, 1994 and Maps and Ordinance establishing the Impact Area Boundary. 9. The Applicant requested the Comprehensive Plan amendment and the application was not initiated at the request of the City of Meridian. 10. The designation change requires an amendment to the Comprehensive Plan of the City of Meridian as requested by the Applicant. (City of Meridian Comprehensive Plan, pg. 78-79). 11. The Assistant to the City Engineer, Bruce Freckleton, and the Assistant Planner, Steve Siddoway, submitted comments by and through a Memorandum dated September 28, 1999, and Bruce Freckleton and Shari Stiles, Planning and Zoning Administrator submitted comments by and through testimony during the September 30, 1999, public hearing on this matter. Such report and comments are hereby adopted as Findings and are hereby incorporated herein, as follows: 11.1 COMPATIBILITY Sz DESIGN ISSUES: The proposed project is fully compatible with St. Luke's to the west. St. Luke's representatives have expressed support for the project. Consideration for adequate buffering of the existing residential FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 4 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARIC, LIVING CENTERS, INC. - (CPA -99-004) subdivisions would need to be carefully considered during future detailed plan reviews. 11.2 The proposed project includes a private road campus, which likely will be a hot issue. ACHD will need to determine if a public road will be required through the project. 11.3 PUBLIC WORKS ISSUES: The Public Works' Facility Plan forecasts the northerly portion of this property to be served with sewer extending through the RC Willey site, and the southerly portion to be served by sewer extending through the Saint Luke's site. The line dividing the north portion from the southerly portion is not clearly defined. This line represents the division by which gravity sewer can drain to each of the two mains. The current Meridian Comprehensive Plan indicates a proposed well site in the vicinity of the mid section line intersection with Franklin Road. The Public Works Department still desires to develop a new well in this vicinity. These and other issues will be determined when annexation and development applications are processed. Water service to any future development is contingent upon positive results from a hydraulic analysis by our computer model. 11.4 OTHER: It appears that Records of Survey have been recorded to establish separate parcels of property. The City of Meridian does not recognize these parcels as legal lots, and appropriate subdivision platting will need to take place prior to initiation of any development of the property. 11.5 Staff recommends approval of the Comprehensive Plan Amendment as a Mixed/Planned Use Development. Due to the Mixed/Planned Use designation, all development applications will require a Conditional Use Permit and design review by the Planning & Zoning Commission and City Council. Approval of a change in the land use designation in no way indicates approval of any concept plans presented, nor serviceability of the site. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 5 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHIVIARK LIVING CENTERS, INC. - (CPA -99-004) 12. The Meridian Planning and Zoning staff offered the following analysis of the written Comprehensive Plan which the Council hereby adopts as Findings of the compatibility of the application to the written Comprehensive Plan to -wit: 12.1 The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this application. The following sections most directly apply to the proposed project and are repeated here for the Council and Commission's consideration during the hearing process. Goal 3 is "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." Goal 4 of the Comprehensive Plan is "to provide housing opportunities for all economic groups within the community." Goal 8 is "to establish compatible and efficient use of land through the use of innovative and functional site design." 12.2 Economic Development 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages... commercial enterprises to locate in Meridian. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 6 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARK LIVING CENTERS, INC. - (CPA -99-004) 12.3 Land Use 1 AU Encourage new development that reinforces the City's present development pattern of higher density development within the Old Town area and lower density development in outlying areas. 1 .8U Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. 2.1U Support a variety of residential categories (urban, rural, single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. 2.2U Support strategies for the development of neighborhood parks within all residential areas. 2.3U Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 4.8U Encourage 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. 6.8U New urban density subdivisions which abut or are proximal to existing rural residential land uses shall provide screening and transitional densities with larger, more comparable lot sizes to buffer the interface between the urban level densities and rural residential densities. 12.4 Transportation FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 7 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARK LIVING CENTERS, INC. - (CPA -99-004) I AU Monitor and coordinate the compatibility of the land use and transportation system. 1 .20U Encourage proper design of residential neighborhoods to ensure their safety and tranquility. 12.5 Open Space, Parlcs and Recreation 2.5U New subdivision development.. will be considered as opportunities to.. encourage the development of recreational open spaces and parks as part of new planned developments. 12.6 Housing 1.1 The City of Meridian intends to provide for a wide diversity of housing ...... in a variety of locations suitable for residential development. 1.4 The development of housing for all income groups close to employment and shopping centers shall be encouraged. 1.6 Housing proposals shall be phased with transportation, open space and public service and facility plans, which will maximize benefits to the residents, minimize conflicts and provide a tie-in between new residential areas and service needs. 1.19 High-density development, where possible, should be located near open space corridors or other permanent major open space and park facilities, and near major access thoroughfares. 12.7 Community Design 5.2 Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 8 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARK LIVING CENTERS, INC. - (CPA -99-004) 6.5U Establish land -use designations that reflect the character of existing neighborhoods. 6.11 U Promote well-planned and well -designated affordable housing in all Meridian neighborhoods. 13. The proposed designation change within the subject application would, in fact, require an amendment to the Comprehensive Plan as determined by City policy. 14. The Applicant proposes to develop the subject parcels to include a nursing home facility, multi -family units, attached single-family dwellings, and medical office. The proposed project is to be designed to provide different levels of care for the elderly. 15. The Edgeview Estates Subdivision (County Subdivision) borders to the property to the east. The parcels to the north include some scattered residential homes and undeveloped pasture north of Franklin. Interstate I-84 borders the property to the south. 16. The proposed project is fully compatible with St. Luke's medical facilities to the west and can provide a transitional land use from the St. Luke's facilities to the residential subdivision to the east. 17. Considering the previous and existing conditions, trends, desirable goals FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 9 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARK LIVING CENTERS, INC. - (CPA -99-004) and objectives, and desirable future situations of the Generalized Land Use Map of the Comprehensive Plan it is found that since the adoption of the Generalized Land Use Map there have been significant changes in the area including most notably the approval and construction of a major medical facility, the St. Luke's Medical complex, which will now also include a hospital and which facility lies and abuts the subject properties on the west and south City of Meridian Impact Area. The subject real property lies within the 18. The City has complied with the referral process with Ada County of the requested amendment of the Comprehensive Plan. 19. In order to develop the parcel there are no other solutions in order to have zoning compatible to the Comprehensive Plan than to amend the Generalized Land Use Map component as applied for herein. 20. It has been more than 6 months prior to the date of the receipt of the recommendation of the Planning and Zoning Commission in this matter; that the Commission has recommended amendments to the Land Use Map component of the Comprehensive Plan to the City Council. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 10 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARI< LIVING CENTERS, INC. - (CPA -99-004) CONCLUSIONS OF LAW 1. The procedural requirements of the Land Use Planning Act and of the Comprehensive Plan of the City of Meridian require notice of the time, place, and a summary of the proposed amendment to the Plan, the publication of which is to be fifteen (15) days prior to said hearing; copies of all notices were made available to newspaper, radio, and television stations. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendment Section; Idaho Code § 67-6509(b)). 2. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code (I.C. § 67-6509). 3. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Land Use Planning Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code § 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 11 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARK LIVING CENTERS, INC. - (CPA -99-004) Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 4. The City Council or any group or person may petition the Planning and Zoning Commission for a plan amendment at any time. The following requirements, time tables, and procedures to amend Meridian's Comprehensive Plan at pages 78 - 79 must be satisfied: A. Application to amend the Comprehensive Plan may be filed with the Planning and Zoning Commission at any time. B. The Applicant will submit a letter for a Plan amendment which will contain the following; 4.B.1 Specific definition of the change requested. 4.B.2 Specific information on any property involved. 4.B.3 The condition or situation which warrants a change being made in the Plan. 4.B.4 The public need for and benefit from such a change in the Plan. 4.B.5 Documentation that no other solutions to the problem are presented by the current policy of the Plan are possible or reasonable. 4.B.6 Development intentions for any land involved. 4.B.7 Any other data and information needed by the Planning and Zoning Commission in evaluating the proposal, such FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 12 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARK LIVING CENTERS, INC. - (CPA -99-004) as who does it help, who does it hurt, how much is it going to cost and who is going to pay for it. C. No application will be considered until the required information is complete. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section). 5. The Commission may recommend amendments to the land use map component of the Comprehensive Plan to the City Council not more frequently than one every six (6) months. (Idaho Code § 67-6509(d); Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section) 6. The City Council may conduct a public hearing in addition to the public hearing conducted by the Planning and Zoning Commission as provided by Ordinance, prior to adoption, amendment, or repeal of the Comprehensive Plan using the same notice and hearing procedures as the Commission, only after having received the Recommendations from the Planning and Zoning Commission. Idaho Code § 67-6509(b). 7. The Comprehensive Plan of the City of Meridian provides at page 79 in Section F, G and H of the Section entitled "Comprehensive Plan Amendments" for the procedure to be followed by the City Council upon receipt of the Planning and Zoning Commission's recommendations to as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 13 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARIC LIVING CENTERS, INC. - (CPA -99-004) F: Upon receipt of the Planning and Zoning Commission's recommendations on Plan amendments, the City Council will set a date for public hearing on the application. At the public hearing, the proposed amendments will be presented and the City Council will receive the report of is Committee, if one has been appointed, and public testimony on each application. G: At the public hearing or within 45 days thereafter, the City Council shall approve or deny the application (except that with the written agreement of the applicant, an additional amount of time, which shall be specified, may be taken). All applicants shall be notified by mail of the City Council's decision and the decision shall be supported by findings of fact and conclusions of law. If the City Council makes a material change in the proposed plan amendment it shall conduct one additional public hearing prior to adopting the proposed amendment as changed and may alter its findings of fact and conclusions of law. H. All applications for Comprehensive Plan amendments shall be acted upon by the City Council within 16 months from their date of filing unless, upon written agreement of the applicant, an additional amount of time may be specified, or unless the provisions of Section (1) are applicable requiring additional time for study. 8. The Meridian Comprehensive Plan applies to the Meridian Area of City Impact and the coordination of amendments and zoning applications in the Impact Area are as follows: 1-11-6 Meridian City Code• Coordination ofAmendments and Zoning Applications: "A. . County and City Coordination: All applications for Ada County and Meridian amendments to their respective comprehensive plans and FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 14 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARIC LIVING CENTERS, INC. - (CPA -99-004) implementing ordinances which apply within the area of City impact shall be sent by the entity considering such amendment to the other entity. A separate referral process shall be adopted by resolution by each entity regarding procedures and time periods for, and the effect of, sending such amendments, and such resolution may be amended from time to time upon mutual agreement in writing by Ada County and the City. B. Applications To City: All Ada County applications for planned developments, subdivisions, rezones, private roads, and conditional use permits within the area of City impact shall be sent to Meridian, in accordance with the referral process arrived at pursuant to subsection A of this Section." 9. To change a designation from Single Family Residential to Mixed Use requires approval by the Planning and Zoning Commission as provided under the City of Meridian Comprehensive Plan, Implementation Chapter Comprehensive Plan Amendments Section. 10. Upon review of an amendment application relating to land use designations, the Council should take the following objectives into account: 10.1 Mixed -planned uses along the I-84 corridor, which are attractive and compatible with high-volume traffic corridors. 10.2 Designating ample land for urban expansion and infill. 10.3 Quality residential neighborhoods, north, south, east, and west of Old Town. 10.4 Planned mixed uses along I-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 15 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARK LIVING CENTERS, INC. - (CPA -99-004) 10.5 Buffers to the waste treatment plant. 10.6 Adequate school and park sites for quality living. 10.7 The importance of maintaining compatible land uses to ensure an optimum quality of life. 10.8 Respect for the responsibilities and rights of land ownership. 10.9 Reinforce the role of the City in regulating the use of land resources for the benefit of future generations. 10.10 Plan for multiple use of public facilities wherever feasible. 11. Upon review of an amendment application affecting residential designations, the Council should take the following policies into account: 11.1 Support a variety of residential categories (urban, rural, single- family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. 11.2 Support strategies for the development of neighborhood parks within all residential areas. 11.3 Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 11.4 Encourage sidewalks and paved streets for all existing neighborhoods through joint ACHD/Local Improvement District programs. 11.5 Encourage compatible infill development which will improve existing neighborhoods. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 16 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARK LIVING CENTERS, INC. - (CPA -99-004) 12. The requirements for a Comprehensive Plan are set forth in I.C. § 67- 6508. The statute provides in part that: "The plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component. The maps and charts are based on the components of the written plan." DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order that: 1. The Applicant's request for Comprehensive Plan Amendment to the Generalized Land Use Map Component to change the real property described in Finding of Fact no. 3 from a Single Family Residential designation to a Mixed/Planned Use Development designation is granted. 2. The City Attorney is directed to prepare for consideration by the City Council the appropriate Resolution directing the Comprehensive Plan Land Use Map Component change of the subject real property from Single Family Residential to Mixed Use/Planned Use Development. 3. Subsequent to the passage of the Resolution, provided for in Section 2 FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 17 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARK LIVING CENTERS, INC. - (CPA -99-004) of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with this Order and the provisions of the Resolution. 4. The City Cleric is to notify and provide a certified copy of the Resolution to the appropriate Ada County officials to notify them of the Comprehensive Plan amendment. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the Comprehensive Plan Land Use Map change 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 ��day of 1,Voye,oLher , 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 18 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARK LIVING CENTERS, INC. - (CPA -99-004) COUNCILMAN GLENN BENTLEY COUNCILMAN KEITH BIRD COUNCILMAN CHARLIE ROUNTREE MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: MOTION: APPROVED: VOTED VOTED VOTED VOTED 4 = DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department, appropriate Ada County q€Acighy ►an0j� the City Attorney. Of P By: G D& ty Clerk msg/Z:\Work\M\Meridian 15360M\Touchmark S u. L ,�g0 O 9f:. GST `i . "-O \'� FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 19 OF 19 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/ TOUCHMARK LIVING CENTERS, INC. - (CPA -99-004) DESCRIPTION FOR TOUCHMARK ANNEXATION October 19, 1999 A parcel of land lying in Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the north '/. corner of Section 16, T.3N., R.1 E., B. M., the REAL POINT OF BEGINNING of this description; Thence S 89°29'19" E 1351.29 feet to the northeast corner of the NW '/. of the N E '/.; Thence S 00006'30" E 558.08 feet along the east line of the NW %4 of the NE Y. to a point on the north boundary of Edgeview Estates No.1 Subdivision, filed in Book 63 of Plats, at Page 6399, records of the Ada County Recorder's Office; Thence along the north and west boundary of Edgeview Estates No.1 Subdivision and along the west boundary of Edgeview Estates No.2 Subdivision, filed in Book 65 of Plats, at Page 6704, records of the Ada County Recorder's Office, the following courses and distances: Thence N 82°17'38" W 7.63 feet; Thence N 79°3315" W 449.48 feet; Thence S 80'42'48" W 116.19 feet; Thence S 25°35'37" W 195.09 feet; Thence S 22°39'37" E 150.00 feet; Thence S 33016'37" E 620.00 feet; Thence S 30°51'03" E 493.00 feet; Thence S 00'06'30" E 493.51 feet; Thence S 13'51'55" W 426.51 feet; Thence N 89'23'43" W 34.37 feet; Thence S 1304618" W 21.40 feet to the southwest corner of Edgeview Estates No -2, said point being on the north right of way of Interstate 84; M60 Mouchsndrk-anx-des. doc EXHIBIT "A" - PAGE I OF 3 ,2oe345-7050 =qc�. az OCTi� 's= =7 0� CPA -99-004 Leaving the boundary of said Edgeview Estates No. 2: Thence continuing S 13°46'18" W 118.18 feet to a point; Thence S 12044'22" W 87.01 feet to a point on the south right of way of Interstate 84; Thence N 89043'22" W 1155.59 feet along the south right of way of Interstate 64 to a point on the west line of the NW Y4 of the SE Y,; Thence N 00°13'01" W 227.61 feet to the northwest corner of the SE X (the center Y, corner) of Section 16; Thence N 89023'35" W 625.37 feet along the south line of SE Y. of the NW Yd to a point on the north right of way of Interstate 84; Thence N 85044'30" W 723.14 feet along said north right of way to a point on the west line of the SE Y. of the NW Y4; Thence N 00°21'56" W 1281.37 feet to the northwest corner of the SE Y4 of the NW Y.; Thence N 89°26'11" W 338.32 feet along the south line of the NW Y. of the NW Y4 to a point on the east boundary of Montvue Park, a subdivision, filed in Book 17 of Plats, at Page 1107, records of the Ada County Recorder's Office; Thence N 00020'17" W 1327.17 feet along said east boundary to a point on the north line of the NW Y4 of the NW I/,; Thence S 89°28'47" E 337.68 feet to the northeast corner of the NW Y4 of the NW 1/4, Thence S 00021'56" E 496.26 feet along the east line of the NW 1/. of the NW Y4 to a point; Thence S 79.29'58" E 117.09 feet to a point: Thence N 00°21'56" W 516.55 feet to a point on the north line of the NE Ya of the NW '/4; Thence S 89'28'47" E 1003.89 feet along the north line of the NE Y. of the NW Y. to a point; Thence S 00011 T01 " E 922.87 feet to a point: 'M060 I \touchmark-anz-des.doc EXHIBIT "A" - PAGE 2 OF 3 OCT19 '9S 1-7:01 CPA -99-004 120E3452950 03 Thence S 85°31'47" E 235.00 feet to a point on the east line of the NE '/. of the NW'/.; Thence N 00*13'0i" W 939.06 feet along the east line of the NE % of the NW'/. to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 163.288 acres, more or less. Michael E. Marks. PLS No. 4998 9806011t0uChMark-anx-des.doc OCT 19 '99 17:02 EXHIBIT "A" - PAGE 3 OF 3 TOTPL F.04 CPA -99-004 120e3452=50 =Pc= -.04 RESOLUTION NO. 26'7 BY: C//y c� - A RESOLUTION FINDING THAT THE OWNER, WATERFORD DEVELOPMENT AND CONSTRUCTION COMPANY, OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE AMENDMENT OF THE MERIDIAN COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT FOR THE DESIGNATION OF REAL PROPERTY THAT LIES WITHIN THE IMPACT AREA OF THE CITY OF MERIDIAN FROM "SINGLE-FAMILY RESIDENTIAL DESIGNATION TO A MIXED/PLANNED USE DEVELOPMENT DESIGNATION" AND REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE MAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT AND DIRECTING THE CITY CLERK TO NOTIFY AND PROVIDE A CERTIFIED COPY OF THE RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: Section 1. Findings: 1. The owner, Waterford Development and Construction Company, of the following described property has made a written application for a real property designation Comprehensive Plan Amendment to the Generalized Land Use Map Component change from a Single Family Residential designation to a Mixed/ Panned Use Development designation. 2. The City of Meridian Planning and Zoning Commission and the City Council having given notice and conducted all public hearings in accordance with law, and having duly notified Ada County of said application and having received their comments, and having issued its Findings of Fact and Conclusions of Law, Decision and Order Granting the Application; and RESOLUTION - (CPA -99-004) - PAGE 1 OF 3 3. The Real property which is the subject of this resolution is legally described as follows: See attached Exhibit "A" and stating: Description for Touchmark Annexation, October 19, 1999, submitted by Michael E. Marks, PLS No. 4998 of Professional Land Surveyors. Section 2. The above described real property be and the same is hereby re- designated on the Comprehensive Generalized Land Use Map from Single Family Residential to Mixed/ Planned Use Development. Section 3. The engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with the provisions of the Resolution. Section 4. The City Cleric is to notify and provide a certified copy of the resolution to the appropriate Ada County officials to notify them of the comprehensive plan amendment. Section 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. f!� PASSED B THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 16 day of wolf , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, day of 110-4 , 199 ATTEST: IDAHO, this •1 G�`�GO�p�r��� �4 City Cleric V,5ji;1'! RESOLUTION - (CPA -99-004) PAGE �2 ,` STATE OF IDAHO, :ss. County of Ada, ) On this 17 _ day of �d?.��2.,�.�� , 1999, before me, the undersigned, Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ID 0 Vk,, (SE4)'r 06 �OTA1tp •S ;* • f'UBL'00 6000,090 G li t-1/ Notary Public or Idaho Residing at: W"'� My Commission Expires: ll--og-d msg/ZAWork\M\Meridian 15360M\Touchmark Living Centers\Resolution.CPA RESOLUTION - (CPA -99-004) - PAGE 3 OF 3 DESCRIPTION FOR TOUCHMARK ANNEXATION October 19, 1999 A parcel of land lying in Section 16, T ownsnip 3 North, Range 1 East. 6oise Meridian, Ada County, Idaho, more particuiany described as follows Commencina at the north '/. corner of Section 16, T.3N., R.1 E., B.M., the REAL POINT OF BEGINNING of this description; Thence S 89°29'19" E 1351.29 feet to the northeast corner of the NW '/a of the N E '/4; Thence S 00°06'30" E 558.08 feet along the east line of the NW '/4 of the NE '/. to a point on the north boundary of Edgeview Estates No.1 Subdivision, filed in Book 63 of Plats, at Page 63991, records of the Ada County Recorder's Office; Thence along the north and west boundary of Edgeview Estates No.1 Subdivision and along the west boundary of Edgeview Estates No.2 Subdivision, filed in Book 65 of Plats, at Page 6704, records of the Ada County Recorder's Office, the followina courses and distances Thence N 82017'38" W 7.63 feet; Thence N 79°33'15" W 449.48 feet: Thence S 80°42'48" W 116.19 feet; Thence S 25'35'37" W 195.09 feet; Thence S 22°39'37" E 150.00 feet; Thence S 33016'37" E 620.00 feet; Thence S 30°51'03" E 493.00 feet, Thence S 00'06'30" E 493.51 feet; Thence S 13'51'55" W 426.51 feet: Thence N 89023'43" W 34.37 feet: Thence S 13`4618" W 21 10 feet to the southwest corner of EdoevieIN Estates No.2, said point oeina on the norm richt of way of Interstate 84, 980601\couctunark 3nx-des.doc EXHIBIT "A" - PAGE I OF 3 - _ = : q'. ('1) n 00 n0,1 - Leavinc the boundary of said Edgeview Estates No. 2: Thence continuing S 13°46'18" W 118.18 feet to a point; Thence S 12°44'22" W 87.01 feet to a point on the south richt o; way of Interstate 84. Thence N 80343'22" W 1155.59 feet along the south right of way of Interstate 64 to a point on the west line of the NW '/. of the SE %.; Thence N 00°13'01" W 227.61 feet to the northwest corner of the SE Y. (the center '/. corner) of Section 16; Thence N 89023'35" W 625.37 feet along the south line of SE % of the NW '/. to a point on the north right of way of Interstate 84; Thence N 8544'30" W 723.14 feet along said north right of way to a point on the west line of the SE '/. of the NW %., Thence N 00°21'50" W 1281.37 feet to the northwest corner of the SE % of the NW %.; Thence N 89026'11 " W 338.32 feet along the south line of the NW % of the NW '/< to a point on the east boundary of Montvue Park, a subdivision, filed in Book 17 of Plats. at Page 1107, records of the Ada County Recorders Office; Thence N 00°20'17" W 1327.17 feet along said east boundary to a point on the north line of the NW Y, of the NW %; Thence S 89028'47" E 337.68 feet to the northeast corner of the NW Y. of the NW 1/4, Thence S 00°21'56" E 496.26 feet along the east line of the NW '/. of the NW Y. to a point; Thence S 79029'58" E 117.09 feet to a point: Thence N 00°21'56" W 516.55 feet to a point on the north line of the NE '/. of the NW '/ Thence S 89'28'47" E 1003.89 feet along the north line of the NE of the NW '/. to a point; Thence S 00013'01 " E 922.87 feet to a pont: 9x0601 \touchmar :-znx-des.doc EXHIBIT "A" - PAGE 2 OF 3 Thence S 85°31'47" E 235.00 feet to a point on the east line of the NE '/. of the NW '/,- Thence N 00°13'01" W 920.06 feet along the east line of the NE'/, of the NW Y, to the REAL POINT OF BEGINNING of this aescriction. Said parcel of land contains 163.288 acres, more or less. Michael E. Marks. PLS No. 4998 98060 1 lcouchn=k-anx-des. doc CCT -. EXHIBIT "A" - PAGE 3 OF 3 TOTP a� CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN A RESOLUTION FINDING THAT THE OWNER, WATERFORD DEVELOPMENT AND CONSTRUCTION COMPANY, OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE AMENDMENT OF THE MERIDIAN COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT FOR THE DESIGNATION OF REAL PROPERTY THAT LIES WITHIN THE IMPACT AREA OF THE CITY OF MERIDIAN FROM "SINGLE- FAMILY RESIDENTIAL DESIGNATION TO A MIXED/PLANNED USE DEVELOPMENT DESIGNATION" AND REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE MAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT AND DIRECTING THE CITY CLERK TO NOTIFY AND PROVIDE A CERTIFIED COPY OF THE RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: Section 1. Findings: 1. The owner, Waterford Development and Construction Company, of the following described property has made a written application for a real property designation Comprehensive Plan Amendment to the Generalized Land Use Map Component change from a Single Family Residential designation to a Mixed/ Panned Use Development designation. 2. The City of Meridian Planning and Zoning Commission and the City Council having given notice and conducted all public hearings in accordance with law, and having duly notified Ada County of said application and having received their comments, and having issued its Findings of Fact and Conclusions of Law, Decision and Order Granting the Application; and 3. The Real property which is the subject of this resolution is legally described as follows: See attached Exhibit "A" and stating: Description for Touchmarlc Annexation, CPA -99-004 - PAGE 1 OF 2 October 19, 1999, submitted by Michael E. Marks, PLS No. 4998 of Professional Land Surveyors. Section 2. The above described real property be and the same is hereby re- designated on the Comprehensive Generalized Land Use Map from Single Family Residential to Mixed/ Planned Use Development. Section 3. The engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with the provisions of the Resolution. Section 4. The City Cleric is to notify and provide a certified copy of the resolution to the appropriate Ada County officials to notify them of the comprehensive plan amendment. Section 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. w William G. Berg, Jr. - SEAL City Clerk w STATE OF IDAHO, Count of Ada, :ss: County 44- On this / 7 day of _, in the year 1999, before me, Ty�,�,,",�, , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Cleric of the City of Meridian, Id4jg..A�Qt executed the said instrument, and acknowledged to me that he executed lop I— P U B y1G d 0; msg/Z:\Wori1%4 ✓ itl ai6t 'jh CPA -99-004 - PAGE 2 OF 2 of the City of Meridian. Notary Public for Idaho Commission Expires:O Living Centers\CertofClk. CPA DESCRIPTION FOR TOUCHMARK ANNEXATION October 19, 1999 A parcel of land lying in Section 16, Township 3 North, Rance 1 East. Boise Meridian, Ada County, Idahc, more particularly described as follows: Commencing at the north Y. corner of Section 16, T. 3N., R.1E., B. M., the REAL POINT OF BEGINNING of this description; Thence S 89°2919" E 13-r-1.29 feet to the northeast corner of the NW '/4 of the N E '/a, Thence S 00°06'30" E 558.08 feet along the east line of the NW Yd of the NE i/. to a point on the north boundary of Edgeview Estates No -1 Subdivision, filed in Book 63 of Plats, at Paae 6399, records of the Ada County Recorder's Office; Thence alona the north and west boundary of Edgeview Estates No.1 Subdivision and along the west boundary of Edoeview Estates No -2 Subdivision, filed in Book 65 of Plats, at Paae 6704, records of the Ada County Recorder's Office, the following courses and distances Thence N 8201738" W 7.63 feet; Thence N 79°3315" W 449.48 feet: Thence S 80042'48" W 116.19 feet, Thence S 25'35'37" W 195.09 feet, Thence S 22039'37" E 150.00 feet,- Thence eet; Thence S 33'16'37" E 620.00 feet; Thence S 30°51'03" E 493 00 feet; Thence S 00°06'30" E 493.51 feet; Thence S 13051'55" W 426.5-1 feet; Thence N 89°23'43" W 34.37 feet: Thence S 13°4618" W 21 10 feet to the southwest corner of Edoeview Estates No.2, said point being on the norm rignt of wav of Interstate 84; 960601\touc:unark 3nx-des.doc EXHIBIT "A" - PAGE 1 OF 3 f -n A nn nn :i Leaving the boundary of said Edgeview Estates No 2.- Thence : Thence continuing S 13°46'18" W 1 18.18 feet to a point: Thence S 12044'22" W 87.01 feet to a point on the south richt of way of Interstate 84; Thence- N 89043'22" W 1155.59 feet along the south right of way of Interstate 64 to a point on the west line of the NW '/. of the SE %,; Thence N 00°13'01" W 227.61 feet to the northwest corner of the SE '/. (the center %, corner) of Section 16; Thence N 8902335" W 625.37 feet along the south line of SE Y. of the NW % to a point on the north right of way of Interstate 84; Thence N 8_524430" W 723.14 feet along said north right of wav to a point on the west line of the SE '/, of the NW ''/,; Thence N 00°21'56" W 1281.37 feet to the northwest corner of the SE %, of the NW '/,; Thence N 89°26'11" W 338.32 feet along the south line of the NW '/, of the NW Y. to a point on the east boundary of Montvue Park, a subdivision, flied in Book 17 of Plats, at Page 1107, records of the Ada County Recorder's Office; Thence N 00020'17" W 1327.17 feet along said east boundary to a point on the north line of the NW %, of the NW '/.; Thence S 89°28'47" E 337.68 feet to the northeast corner of the NW '/, of the NW '/,.1 Thence S 00021'56" E 496.26 feet along the east line of the NW V. of the NW Y. to a point: Thence S 79°29'58" E 117.09 feet to a point: Thence N 00°21'56" W 516.55 feet to a point on the north line of the NE '/d of the NW '/,; Thence S 89'28'47" E 1003.89 feet along the north line of the NE of the NW Y. to a point; Thence S 00", 3-01 " E 922.87 feet to a point - 98060 1 ont, 980601 ltouchmar :-Mx -des.doc _ EXHIBIT "A" - PAGE 2 OF 3 =� -_ = :'o' me 00 nen -===a�'c_�z=��_.?_ Thence S 85°31'47" E 235.00 feet to a point on the east line of the NE '/. of the NW '/,- Thence N 00°1 "01" W 929.06 feet along the east line of the NE '/,of the NW to the REAL POINT OF BEGINNING of this descricticn. Saia parce! of land contains 163.288 acres, more or less. Michael E. Marks. PLS No. 4998 980601 \touch=k-.anx-j=s.doc OC 1 _ _ 1702 EXHIBIT "A" - PAGE 3 OF 3 TGTFL 04 CPA -00-00-4 - "A^ R i n to roff ice �,0�!1 1999 MEMORANDUM City of M[eri ian City Clerk Office To: William G. Berg, J From: Wm. F. Gigray, III Subject: JOSEPH A. BILLI LIVING CENTERS, INC.) File: CPA -99-004 Date: November 16, 1999 Will: 1PMENT (TOUCHMARK Please find enclosed the original DRAFT of the FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP, for the above matter, and set for the City Council meeting on Tuesday, November 16, 1999. I have prepared these DRAFT Findings pursuant to City Council's request at their November 3, 1999 meeting, and which this matter was continued for public hearing for the November 16`'' meeting. Additionally, I have enclosed the original of the Resolution and Certificate of the Clerk. Please make sure once the Resolution has been passed to provide a certified copy to the Ada County Development Services, ATTN: Jeff Patlovich, Director, 650 Main Street, Boise, Idaho 83702, telephone number 364-2277, if you have any questions.. Please serve conformed copies of the Findings and Resolution upon the Applicant, Planning and Zoning Department, Public Works, City Attorney, and anyone who has filed a demand for notice of Council's action. If you have any questions, please advise. msg/ZAWork\M\Meridian 15360M\Touchmark Living Centers\FfClsDecOrdClkLtrCPA99006.CPA PECLIV11.]D NOV 3 0 1999 i n t e r o f f ice CITY OF MERIDIAN MEMORANDUM To: '' - V'illiaim :,,1 *`A From: Wm. F. Gigray, III Subject: JOSEPH A. BILLIGMUCFfMARK LIVING CENTERS, INC./CPA-99-004 Date: November 29, 1999 Will: Please find enclosed a revised Findings of Fact and Conclusions of Law, Decision and Order Amending Comprehensive Plan Generalized Land Use Map for Case No. CPA -99-004 to Mixed/Planned Use Development designation. Please note the revisions are as follows: 1. On the first page right after the November 3, 1999, the language "at which time the Council continued the hearing to the regular meeting on the 16' of November, 1999, at the hour of 7:00 p.m. at which time Shari Stiles again appeared and Becky Bowcutt appeared and no one further appeared". 2. Secondly, in number 7 it has been changed to south of Franklin Road and north of I-84. Council did approve these Findings at their November 16th meeting, with the above revisions. Therefore, upon obtaining the signatures of the Council ? and Mayor please forward conformed copies of the Findings and Resolution upon the the Applicant, Planning and Zoning, Public Works and City Attorney, and anyone who has filed a demand for notice of Council's action. Additionally, please serve a certified copy of the Resolution upon the Ada County Development Services, ATTN: Jeff Patlovich, Director, 650 Main Street, Boise, Idaho 83702, telephone number 364-2277. MSG/ZAWork\M\Meridian 15360M\Touchmark Living Centers\Clerkl 12999.Mem ACHD Commission Ada County Highway District 318 East 37`h Street Boise, ID 83714-6499 Re: Traffic Analysis, Franklin Road Corridor Dear President Huber and Commissioners: December 30, 1999 REc"VED CITY OF MERIDIAN I am writing concerning the traffic analysis of the corridor along Franklin Road from Cloverdale Road to Locusts Grove recently completed by Six Mile Engineering, Inc., at the request of the Ada County Highway District. As a resident of this corridor, I have obvious concerns relating to the current traffic problems and any proposed solutions to those problems. In terms of the report, this is the first report I have read that accurately portrays the current problems in the corridor. Previous reports compiled by traffic engineers on behalf of the various developers along the corridor have tended to downplay the problems and gloss over the impact their particular development will have on traffic within the corridor. Representatives of one of the biggest developments in the area have even gone so far as to state in public meetings that their is no problem and that the current road system is sufficient to handle all current developments. Obviously they are mistaken and the Six We Engineering Report confirms that there are major problems stating that the Eagle/Franklin Road intersection is currently over -capacity and that vehicle queues caused by the St. Luke's Driveway traffic light that spill back to the interstate shoulder lanes are a safety concern. Having accurately portrayed the current conditions, I feel the rest of the report is flawed in that it did not address all the conditions causing the current stacking problems, did not consider all the proposed new developments along the corridor and the effect this new traffic from these developments will have on the corridor and finally the proposed solutions ignore local traffic, i.e., traffic entering Eagle and Franklin roads from driveways not serviced by a traffic light. First, as to the stacking problem that causes northbound traffic on Eagle Road to obstruct I-84 west bound traffic the report recognizes that the traffic light at St. Luke's private drive is a major cause. However, no solution to this problem is offered. One has to wonder how a traffic light servicing a private drive only 1/8 of a mile from a major freeway off ramp that causes, according to the report a safety concern on a major interstate highway that is only going to get worse, was approved in the first place. That aside, that traffic light needs to be addressed and the development it services should be required to help provide a solution. • -2- U Possible solutions could be to eliminate the light all together and make St. Luke's a right the east side of Eagle road, or require a by - in, right out, construct a frontage road alongpass (which the report rejects) from Eagle Road, along the north boundary of St. Luke' property to Franklin Road. It seems obvious that St. Luke's is going to need two entrances to their hospital anyway. Right now there are times because of traffic stacking, which blocks the intersection at St. Luke's drive, that emergency vehicles can't get in or out of the property. Second, the report appears not to include several new developments, i.e., Touchmark Living Centers (9,000 traffic count by ACRD), Walmart (22,000 vehicle trips), new medical offices buildings (four new buildings on thewest and Franklin, and the 25,000 plus e road behind the Texaco station), Jabil, new apartments at Locust Grove vehicle trips that will be generated by St. Luke's at full build out. (If Five Mile Engineering had used this figure, would their recommendation concerning a collector road between Eagle road east to Franklin been different?) Any traffic study should include all developments both current and projected in the area if it is to be credible. Third, the report is moot concerning the various driveways that intersect Eagle and Franklin Roads. How can you come up with possible solutions and ignore the driveways at Magic View, Greenhill subdivision, Montvue subdivision, R.C. Willeys, and the private residences along Franklin. How is all of this local traffic going to get on the road improvements proposed by the report for Eagle and Franklin roads? Finally, the Six Mile Engineering appears e model resulSS travel ts are onlyorecast as good as el to analyze traffic in the area. I would submit that th data entered into them and the model can be manipulated to show what ever the modeler wants to show. In the instant case the results are flawed from the start if all the traffic that will be generated by the above developments were not considered or entered into the model. It would be interesting to know if this same model was used for the Eagle/Franklin Road corridor when all the new developments and road improvements were first proposed? If so, look how bad they missed the mark. In conclusion, there are major problems in the corridor. Solutions must be found and decisions made on good, solid and complete data. All developers need to be treated the same and be required to pay for the impact their development has on the traffic in the corridor. All traffic studies used in the decision making process must be independent studies commissioned by government bodies who must insure that data used in the studies is complete and unbiased. LJ -3- Sincerely, Richard M. Willis 3555 Montvue Dr Meridian, ID 83642 208-887-3955 cc: Members of the Meridian Planning & Zoning Commission 200 E. Carlton, Suite 201 Meridian, ID 83642 Mayor Corrie and Members of the Meridian City Council City Hall 33 East Idaho Meridian, ID 83642 0 ACHD Commission Ada County Highway District 318 East 37`" Street Boise, ID 83714-6499 Re: Traffic Analysis, Franklin Road Corridor Dear President Huber and Commissioners: December 30, 1999 REcEP,,rED DEC 3 0 1999 CITY OF MERIDIAN I am writing concerning the traffic analysis of the corridor along Franklin Road from Cloverdale Road to Locusts Grove recently completed by Six Mile Engineering, Inc., at the request of the Ada County Highway District. As a resident of this corridor, I have obvious concerns relating to the current traffic problems and any proposed solutions to those problems. In terms of the report, this is the first report I have read that accurately portrays the current problems in the corridor. Previous reports compiled by traffic engineers on behalf of the various developers along the corridor have tended to downplay the problems and gloss over the impact their particular development will have on traffic within the corridor. Representatives of one of the biggest developments in the area have even gone so far as to state in public meetings that their is no problem and that the current road system is sufficient to handle all current developments. Obviously they are mistaken and the Six Mile Engineering Report confirms that there are major problems stating that the Eagle/Franklin Road intersection is currently over -capacity and that vehicle queues caused by the St. Luke's Driveway traffic light that spill back to the interstate shoulder lanes are a safety concern. Having accurately portrayed the current conditions, I feel the rest of the report is flawed in that it did not address all the conditions causing the current stacking problems, did not consider all the proposed new developments along the corridor and the effect this new traffic from these developments will have on the corridor and finally the proposed solutions ignore local traffic, i.e., traffic entering Eagle and Franklin roads from driveways not serviced by a traffic light. First, as to the stacking problem that causes northbound traffic on Eagle Road to obstruct I-84 west bound traffic the report recognizes that the traffic light at St. Luke's private drive is a major cause. However, no solution to this problem is offered. One has to wonder how a traffic light servicing a private drive only 1/8 of a mile from a major freeway off ramp that causes, according to the report a safety concern on a major interstate highway that is only going to get worse, was approved in the first place. That aside, that traffic light needs to be addressed and the development it services should be required to help provide a solution. -2- Possible solutions could be to eliminate the light all together and make St. Luke's a right in, right out, construct a frontage road along the east side of Eagle road, or require a by- pass (which the report rejects) from Eagle Road, along the north boundary of St. Luke' property to Franklin Road. It seems obvious that St. Luke's is going to need two entrances to their hospital anyway. Right now there are times because of traffic stacking, which blocks the intersection at St. Luke's drive, that emergency vehicles can't get in or out of the property. Second, the report appears not to include several new developments, i.e., Touchmark Living Centers (9,000 traffic count by ACRD), Walmart (22,000 vehicle trips), new medical offices buildings (four new buildings on the west side of Eagle road behind the Texaco station), Jabil, new apartments at Locust Grove and Franklin, and the 25,000 plus vehicle trips that will be generated by St. Luke's at full build out. (If Five Mile Engineering had used this figure, would their recommendation concerning a collector road between Eagle road east to Franklin been different?) Any traffic study should include all developments both current and projected in the area if it is to be credible. Third, the report is moot concerning the various driveways that intersect Eagle and Franklin Roads. How can you come up with possible solutions and ignore the driveways at Magic View, Greenhill subdivision, Montvue subdivision, R.C. Willeys, and the private residences along Franklin. How is all of this local traffic going to get on the road improvements proposed by the report for Eagle and Franklin roads? Finally, the Six Mile Engineering appears to rely on the COMPASS travel forecast model to analyze traffic in the area. I would submit that the model results are only as good as the data entered into them and the model can be manipulated to show what ever the modeler wants to show. In the instant case the results are flawed from the start if all the traffic that will be generated by the above developments were not considered or entered into the model. It would be interesting to know if this same model was used for the Eagle/Franklin Road corridor when all the new developments and road improvements were first proposed? If so, look how bad they missed the mark. In conclusion, there are major problems in the corridor. Solutions must be found and decisions made on good, solid and complete data. All developers need to be treated the same and be required to pay for the impact their development has on the traffic in the corridor. All traffic studies used ;.n the decision making process must be independent studies commissioned by government bodies who must insure that data used in the studies is complete and unbiased. • -3- Sincerely, Richard M. Willis 3555 Montvue Dr Meridian, ID 83642 208-887-3955 cc: Members of the Meridian Planning & Zoning Commission 200 E. Carlton, Suite 201 Meridian, ID 83642 Mayor Corrie and Members of the Meridian City Council City Hall 33 East Idaho Meridian, ID 83642 • Meridian City Council M*9 November 16, 1999 Page 37 HEARING: REQUEST FOR ITEM 1PUBLIC 7. CONTINUE PLAN AMENDMENT FROM pEVELO MENT MIXED/PLANNED COMPREHENSIVE USE RESIDENTIAL TO CENTERS, INC.) BY JOSEPH A. (TOUCHMARK LIVING CONSTRUCTION BILLIGNVATERFORD DEVE OPMKE'S ABETWEEN 1-84 AND COMPANY — EAST OF S T. FRANKLIN ROAD: public hearing. This is a request for Corrie: Item No. 17. This is a continued p residential to mixed/planned le -family h A Billig / Waterford Comprehensive Plan Amendment from Centers, Inc., by Josep use development, Touchmark Living r from Staff first. ion Company, east of St. Luke's between I-84 an Development and Constructen the public hearing and Franklin Road. At this time, 1,11 op a request for Comprehensive Plan is for from single-family residential Stiles: Mr. Mayor and Some Ilofhthis property roximately to Amendment change. portion of this, app lica a has s mixed/planned development. The app perm on designation to mixed/plannea development. p nditional use p here is already designated and co submitted applications for annexationcan't remember when its going to — anyway, it's this property which will go to applications. Staff's recommendation area so that to you. There's two pp within that mixed/planned on its way Y piece of property ment designation surrounding it, they did include this p tanned use develop did agree with that. there wouldn't be a mixed/p residential. They and then this would still be single-family Do you all have preliminary Findings? Corrie: Yes. guess I'll wait Stiles: Dust did have one comment on those. I don't know if — 1 until the public hearing is over. Corrie: Okay. This is a public hearing and invite the developer's representatives first. Engineering, 1800 West Overland. 1 think o Ibriefind . Bowcutt: Becky Bowcutt, Briggso so Ill keep this q As I of gave you a presentation on this two weeks ago, designated mixed/planned use development on ta�eadype We're asking for the property portion of the Bews p p mentioned before, a be p We're just asking for that designation a iew act Boundary there; Edg mixed/planned use develop o the Meridian Imp on this project. continued to the east up h Canal. We have done a traffic study that Estates and the Ridenbaug din to their analysis, the HD. We received comments from their staff in writing It was submitted to AC e according rehensive Plan use cha f were to develop as, promotes this Come play would be less than if this property the conditional number of trips p As Shari indicated, process an R-4, single-family development. their way through the p say, applications are working use/rezone/annexation app Meridian City Council Mog 40 November 16, 1999 Page 38 They'll be heard by the Planning and Zoning Commission in December. At that point in time, we'll start getting into the specifics. At this time, we're just asking for the Comprehensive Plan change to proceed forward so that we may continue on. We did hold a neighborhood meeting a week or so ago. We had a good turnout. We talked to the Montvue neighbors, talked to the Edgeview residents, and we're trying to work through some of the issues that we know will be brought up when this comes through as a CU and annexation rezone. Thank you. Corrie: Thank you. Anyone else from the public like to issue testimony on Item No. 17? Okay. Shari, comments? Stiles: I just had one item on the Findings. On Page 3, Paragraph 7 should indicate that the property is south of Franklin Road and north of 1-84. Corrie: Any other comments? Close the public hearing? Okay. I'll entertain a motion to close the public hearing. Bentley: So moved. Rountree: Second. Corrie: Motion made and seconded to close the public hearing. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Mr. Gigray, is there any (inaudible) difference between the Findings of Facts on the Decision of Order for the request for Comprehensive Plan Amendment from the original? Gigray: Mr. Mayor, members of the Council, as I remember, the public hearing which you continued was virtually completed at the last meeting, and I think you continued this just in case someone else might appear. I don't believe that there was any new evidence produced and the correction as indicated by the Planning and Zoning Administrator is a good note of a misdesignation of north and south and is appropriate. I think we prepared a Resolution on this as well. Rountree: Yes. Corrie: That would be Resolution No. 268 if you'd like to incorporate it in your motion, whoever does. Bird: 269. Corrie: Oh my goodness. Meridian City Council Mog • November 16, 1999 Page 39 Berg: (inaudible) Development Agreement that (inaudible). Corrie: Not on this. Berg: No, for Cobblestone. Corrie: Okay. Then it'd be Resolution No. 269. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we approve theFindi for this Item.and Conclusions of Law, Decision of Order and Resolution No Corrie: Do you want to add the correction on Item No. 7, Page 3? Rountree: And include the correction on Page 3, getting the direction, the proper order. Bentley: Second. Corrie: Okay. Motion made and seconded to approve Item No. 18, 17. Excuse me. Request for Comprehensive Plan Amendment with the change in the Item No. 7, directions, and also the Resolution No. 269. Any further discussion? Hearing none, roll -call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES Corrie: Okay. Before we get into a break regular Isuthere anlic rings here, No. yone here to tesfifylon 20, 21, 22, 23, 24, 25, 26, we'll take Meridian City Council Meg November 16, 1999 Page 40 Item 18? Raise your hand. One? Okay. That's all right. No. 19? Okay. 20? Just trying to look at time here to see if — 21? 22? 23? Okay. 25? Bentley: 24. Corrie: And 26? So we have — is that 19 or 20 that you were, back in the back? 18? Okay. 18. Okay. Let's — I'll entertain a motion for about a five-minute break. Bird: So moved. Bentley: Second. Corrie: Motion made and seconded for a five-minute break. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 18. PUBLIC HEARING: REQUEST FOR VACATION OF PUBLIC UTILITIES AND DRAINAGE EASEMENTS ON LOTS 5, 6, 12, 13 BLOCK 7, WHITESTONE ESTATES NO. 3 SUBDIVISION BY WHITESTONE DEVELOPMENTS, LLC — NORTH OF WEST FRANKLIN ROAD AND WEST OF SOUTH LINDER ROAD: (Where upon meeting was in recess at 9:12 p.m.) Corrie: Okay. 9:20 reconvene the City Council, Item No. 18. Is a public hearing, a request for a vacation of public utilities and drainage easements on lot 5, 6, 12, 13, block 7, Whitestone Estates No. 3 Subdivision by Whitestone Development. So I'll open the public hearing on Item 18. Staff, comments first. Yeah. That's you, Shari or Gary. Stiles: Mr. Mayor and Council, this is for a vacation of easements. The Whitestone Subdivision was originally proposed with stub streets going to the south. The Meridian School District has since taken that property to the south where an elementary school and when they replatted it, the county engineer required them to leave the existing easements on the plat for these four lots and that's what they're asking for is vacation of those previously approved easements. Corrie: Gary. Smith: Mr. Mayor, Council members, typically we receive from each of the affected utilities a signed statement, notarized signature, indicating that they relinquish their rights to these easements. Mr. Gigray has some information for pow ouncil Me* Meridiabe i3 1999 Novem Page 42 Mayor. Rountree: Mr of Law to Rountree. acts and COnclusions Corrie: Mr. Findings °f and Zoning and the v,/e have indicate that the ve that planning would • and the Zoning Rountree. 1 m0 endations from Administrator that not J -U -B, rnent. reflect the recOnfrom the Planning use develop recommensho►uld be to Clark DevelopmentlBiledCpi n'ned reference d that the City would support m be describe have the attorney Second b Mr. Bird, h recom endation of Bird: b Mr Rountree, seconded with the m odifications made Y of Law d the other m Corrie: Motion Conclusions inistrator an Findings of Fact and and Adm draw Up and Zoning the Planning he motion. Further discussion . as stated in t Bird. I have none. Rountree. Corrie: Hearing Baring none, roll -call vote; Mr. Rountree: Aye. Corrie: Mr. Bird. Bird* Aye. Corrie: Mr. Bentley - Bentley'. N Bentley: SNE PLA TION CARRIED: ALL AYES COMpREH TIAL TO MO REQUEST FOR Y RESIDEN LNING PUBLIC HEARER M SINGLE OPMENT (TOUERF Rp 22. AMENpMEN DEVE gILLIGNVAT _EAST OF ST. NNED USE SEPH A' COMPANY MIXEDIPLA BY JO TRUCTION CENTERS IN 4 & CONANp FRA KLIN ROAD: ENT N DEKE S BE _E,41-84 LU rehensive PlVelopment, Request for Comanned use de rnent & public hearing: ixedlp Development Item 22 ►s a p ie_famllY residential to l)(! N�aterford D on Item 22. Corrie: single-family by Joseph A. public he Amendment from a 1,11 open the P ark Living Centers, Touchm Company At this tim Construction? Staff comments Meridian City Council MeeOg November 3, 1999 Page 43 Stiles: Mr. Mayor and Council, this is for virtually all of the area between the Montvue Subdivision and the Edgeview Subdivision between Franklin and the Interstate. The Edgeview Subdivision that's shown here is Boise City area of impact. This is out area of impact boundary. They have joined together with the — all of these parcels here for a development that they have already submitted for annexation and zoning and conditional use permit that will be heard on the 9th by the Planning and Zoning Commission. We recommended approval of this as a mixed/planned development, and it's actually being proposed as a mixed/planned development, oddly enough. But we did ask as part of their — as an amendment to what they'd requested that this parcel here also be included as that mixed/planned development because if this weren't included, it would still be designated single-family residential. So our recommendation was that all of this be designated that and it's nice that it's not coming in one lot at a time. Corrie: Anything else, Shari? Stiles: No. Corrie: Okay. This is a public hearing. Is there anyone from the public that would like to issue testimony on Item 22? Bowcutt: I feel kind of bad because I sent my clients at home. One went to catch a plane. I told him they weren't going to be heard tonight. I did, for the record, indicate — Becky Bowcutt, Briggs Engineering, 1800 West Overland — did for the record tell one of the Montvue residents there was one representative from their neighborhood that this would not be heard tonight. So Corrie: We can continue it. Bowcutt: I feel a little bit bad. We are having a neighborhood meeting with them tomorrow night. I just don't want them to think we deceived them in any fashion. As Shari indicated, we're asking for mixed/planned use development. A portion of this is already designated mixed/planned use. This is the St. Luke's facility here. This parcel is owned by St. Luke's is 10 acres here which was the original Holloway parcel. The designation runs about through here. Approximately 60 percent of Bews property is already designated mixed/planned use development and then everything to the east is designated single-family. We're asking that we just have one designation for this property. As Shari indicated, we are coming through with a conditional use, PUD, annexation and rezone application. We are meeting with the Montvue residents, a neighborhood meeting tomorrow. We have done our traffic study and ACHD is reviewing that. We are supposed to be heard by the Planning and Zoning Commission on the 9th; however, I was informed by the Highway District today that their commission will not hear it until the 17th. I appears that we're going to probably have to defer that out because the Planning and Zoning Commission stated when they reviewed this Comp Plan change they didn't want to see our applications unless everyone had had an 10 Meridian City Council Mee • November 3, 1999 Page 44 opportunity to comment and we had all of our ducks in line. Do you have any questions? Corrie: Mr. Rountree. Rountree: Question concerning the portion that you don't have colored and we don't either, but the suggestion that it be included in the rezone — the — Bowcutt: Comp Plan change? Rountree: Comp Plan change. Bowcutt: I think it's probably in the best interest of that property owner, long- term, he was approached to sell a portion or all of his property to this project. think he indicated at this time he wasn't interested, but he didn't want to rule that out. It would be in his best interest and I think the City's to have an isolated single-family — they're going to have to come back through and do what we're doing now if it's not incorporated as mixed/planned use development. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: Becky, your display is somewhat different than ours. Is ours incorrect as far as the R -T portion adjacent to — Bowcutt: No, sir. Yours — yeah. That is incorrect. Rountree: Next to Montvue? Bowcutt: Yes. Rountree: That piece should be included as well. Bowcutt: It's already mixed/planned use development. It already is. Rountree: Okay. Bowcutt: And then that goes over to about where that arrow is. Then it's single- family residential on eastward to your impact boundary. Rountree: Okay. Bowcutt: So, yeah. What you're seeing here is incorporating that R -T area with the exception of a little out -parcel here. Rountree: Okay. All right. Thank you. Meridian City Council McOg November 3, 1999 Page 45 Corrie: Any other comments? Questions? Mr. Gigray. Gigray: Just a point of procedure and a point of information. It may bear on questions you may ask in the public hearing, and that is the referring to the map on the wall, the R-3 that's out, if that's not part of the original application and hasn't been through the Planning and Zoning Commission for a Comp Plan change, if you should be inclined to include it, I think you may find yourself into a material change and that would require further hearings, and I just provide that information to you just for information. I don't know whether it is or not, and maybe that can be clarified. That property owner — this isn't an application, as I understand it, by the City that's been initiated; it's been initiated by the developer and the property owner. Corrie: Anyone from the public like to issue testimony? Wes? Hoalst: Wesley Hoalst, Montvue Subdivision, 385 Montvue. My question to Becky would be on the strip of land just directly to the west, there's — where the R -T is, there's a small strip just above — right there. Is that portion going to be also included in this change to multiple use? Bowcutt: It is already designated as mixed/planned use development. Hoalst: Well, it is already? Because it isn't in the plans, and I don't think the development owns that portion; is that correct? Bowcutt: (inaudible) Hoalst: It doesn't show up on their plans there nor does it show there that that's the case it already is. Also, even though the large strip, there are three there, where it has not yet been included in the development, and this is not for something for the Council to determine, but the plans, the schematic drawings doesn't show stub streets to that area of which also should be stub streets over there next to Montvue. I would think that that should be included in the plan. I think the Highway District whenever it does have a development up against private property, they usually — it is the requirement that they have stub streets. believe that is a requirement. Corrie: Any questions? Bird: I have none Corrie: Anyone else from the public that would like to issue testimony? Becky, do you have any comments backwards? I mean, you don't have to get up unless you want to. Meridian City Council Mel November 3, 1999 Page 46 Bowcutt: With the Comprehensive Plan, you're not approving any concept or anything. I just want to go on the record. The issues of stub street connections, signals, interconnectivity, that's going to be dealt with the CU and the application that's moving forward. We appreciate your attendance at the meeting tomorrow at the Convention Center so that we can discuss those issues and try to work something out in this vicinity. Thank you. Corrie: Okay. Thank you, Becky. Anyone else? Okay. I'll entertain a motion to close the public hearing. Bird: So moved. Corrie: Maybe we want to continue it. Mr. Rountree. Rountree: Just for discussion in the public hearing. I think it would be wise to continue it, but I think it would also be beneficial to have a Findings prepared in anticipation so all of these things can move forward together if it in fact close of the hearing in two weeks we can wrap them up. I don't know if that's doable or not. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I don't think we can make a decision if we keep the public hearing open, can we, Charlie? Rountree: No. But once we close the public hearing, you can make a decision. Bird: Yeah. So with — I thought you said you wanted to continue the public hearing and still make the decision. Rountree: I didn't say anything about making a decision. Bird: Of getting the Findings of Facts. Rountree: (inaudible) Findings of Facts together that may or may not have to be modified after closing the hearing. Bird: Can we do that? I guess we can — Rountree: If requested by the Council, do what they direct. Corrie: Okay. Like Charlie says, (inaudible) continue it (inaudible) — Meridian City Council Me^ November 3, 1999 Page 47 Bird: But then we can't enact upon it when we enact upon the others because we won't have the — Corrie: We can't (inaudible) Facts to us — Bird: We can have them, but they're just preliminary. We'll have no motion. Can we do that all in the same night? Make a motion to do it and then do it again? I'm for that. Corrie: I think you can. Bird: Get your motion out. Gigray: I could just take a directive to just work on it and not make any decisions and continue the public hearing is what I would recommend. (inaudible discussion) Rountree: Mr. Mayor, I move that we continue the public hearing on Item No. 22 and direct counsel to draft a preliminary finding for possible consideration after the close of hearing. Bentley: Do you want a date on that? Rountree: Which would be December 16tH. Excuse me. November 16tH Bird: Second. Corrie: Okay. Motion is made and seconded to continue the public hearing and have the attorney draw up preliminary Findings of Facts on Item 22. Further discussion? Hearing none, roll -call vote; Mr. Bentley. Bentley: Aye. Corrie: Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. MOTION CARRIED: ALL AYES ITEM 23. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE FAMILY RESIDENTIAL TO MIXED/PLANNED USE (MILLENNIUM BUSINESS PARK) BY G.L. 0 October 29, 1999 to MERIDIAN CITY COUNCIL MEETING: NOVEMBER 3 1999 APPLICANT: JOSEPH A BILLIGMATERFORD DEVELOPMENT ITEM #: 22 REQUEST: CPA FROM SINGLE FAMILY RESIDENTIAL TO MIXED PLANNED USE DEVELOPMENT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS SEE ATTACHED LEGALS SEE FINDINGS, DECISION AND RECOMMENDATIONS ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: Q�` CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. r Y1s �) �xt B.6,o— it ( ��— OCT -19-1999 16:59 BRIGGS ENGINEERING, INC. 12083452950 P.01 ENGIN RING ` BRIGGS�� ENGINEERS PLANNERS SURVEYORS FACSIMILE TRANSMITTAL TO �i1G ';��A COMPANY FAX NO. 7� DATE NO. OF PAGES SENT (Including Transmittal) REFERENCE REMARKS FROM:DA /6.1 --- BRIGGS ENGINEERING, INC. 1800 W. OVERLAND ROAD BOISE, IDAHO 83705 FAX (208) 345-2950 * TEL (208) 344-9700 (BEI) PROJECT N0. —//fo V 6 / REPLY REQUESTED a COPY _;" 1800 W. &VERI.AND ROAD * BOISE, IDAHO 83705 * (208)344-9700 OCT 19 '99 17 01 12083452950 FAX (208)345-2950) PAGE. 01 OCT -19-1999 16:59 BRIGGS ENGINEERING, INC. 12083452950 • i DESCRIPTION FOR TOUCNMARK ANNEXATION October 19, 1999 A parcel of land lying in Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the north % corner of Section 16, T.3N., R.1 E., B. M., the REAL POINT OF BEGINNING of this description; Thence S 89°29'19" E 1351.29 feet to the northeast corner of the NW Y, of the NE %; Thence S 00006'30" E 558.08 feet along the east line of the NW Y4 of the NE % to a point on the north boundary of Edgeview Estates No.1 Subdivision, filed in Book 63 of Plats, at Page 6399, records of the Ada County Recorder's Office; Thence along the north and west boundary of Edgeview Estates No.1 Subdivision and along the west boundary of Edgeview Estates No.2 Subdivision, filed in Book 65 of Plats, at Page 6704, records of the Ada County Recorder's Office, the following courses and distances: Thence N 82017'38" W 7.63 feet; Thence N 79033'15" W 449.48 feet; Thence S 80042'48" W 116.19 feet; Thence S 25035'37" W 195.09 feet; Thence S 22039'37" E 150.00 feet; Thence S 33°1637" E 620.00 feet; Thence S 30051'03" E 493.00 feet; Thence S 00°06'30" E 493.51 feet; Thence S 13°51'55" W 426.51 feet; Thence N 89°23'43" W 34.37 feet; Thence S 1304618" W 21.40 feet to the southwest corner of Edgeview Estates No -2, said point being on the north right of way of Interstate 84; 98060 l Aouclunark.a n x -des. doc OCT 19 '99 17 01 12083452950 PAGE.02 OCT -19-1999 17:00 BRIGGS ENGINEERING, INC. 0 0 Leaving the boundary of said Edgeview Estates No. 2: Thence continuing S 13°46'18" W 118.18 feet to a point; Thence S 12°44'22" W 87.01 feet to a point on the south right of way of Interstate 84; Thence N 89°4322" W 1155.59 feet along the south right of way of Interstate 84 to a point on the west line of the NW Me of the SE %; Thence N 00°13'01" W 227.61 feet to the northwest corner of the SE Y4 (the center % corner) of Section 16; Thence N 89°23'35" W 625.37 feet along the south line of SE % of the NW % to a point on the north right of way of Interstate 84; Thence N 85°44'30" W 723.14 feet along said north right of way to a point on the west line of the SE % of the NW Y4; Thence N 00°21'56" W 1281.37 feet to the northwest corner of the SE % of the NW %; Thence N 89°26'11" W 338.32 feet along the south line of the NW Y4 of the NW Y4 to a point on the east boundary of Montvue Park, a subdivision, filed in Book 17 of Plats, at Page 1107, records of the Ada County Recorder's Office; Thence N 00020117" W 1327.17 feet along said east boundary to a point on the north line of the NW % of the NW %; Thence S 89°28'47" E 337.68 feet to the northeast corner of the NW %4 of the NW %I Thence S 00021'56" E 496.26 feet along the east line of the NW Y4 of the NW to a point; Thence S 79029'58" E 117.09 feet to a point; Thence N 00021'56" W 516.55 feet to a point on the north line of the NE % of the NW X; Thence S 89'28'47" E 1003.89 feet along the north line of the NE % of the NW Y. to a point; Thence S 00°13'01" E 922.87 feet to a point; 980601 Vouchmark-anx-des.doc OCT 19 '99 17:01 12083452950 PAGE.03 OCT -19-1999 17:00 BRIGGS ENGINEERING, INC. 12083452950 P.04 v Thence S 85°31'47" E 235.00 feet to a point on the east line of the NE % of the NW %; Thence N 00"13'01"W939.06 feet along the east line of the NE % of the NW Y4 to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 163.288 acres, more or less. Michael E. Marks, PLS No. 4998 980601 \Wchmark-anx-des.doc TOTAL P.04 OCT 19 '99 17:02 12083452950 PAGE.04 0 • BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN In the Matter of the Request for COMPREHENSIVE PLAN AMENDMENT - SINGLE FAMILY RESIDENTIAL TO MIXED PLANNED USE FOR BY JOSEPH A. BILLIG/TOUCHMARK LIVING CENTERS, INC. Case No. CPA -99-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION The above entitled application for Comprehensive Plan amendment having come on for public hearing on September 30, 1999, at the hour of 6:30 p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT A notice of the time, place, and a summary of the proposed amendment plan to be discussed at the September 30, 1999, hearing was published fifteen (15) days prior to said hearing; copies of all notices were made available to newspaper, radio, and television stations; the matter was duly considered at the September 30, 1999, public hearing; and the public was given full opportunity to express comments FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION FOR A COMPREHENSIVE PLAN AMENDMENT - JOSEPH A. BILLIG/TOUCHMARK LIVING CENTERS, INC. - 1 and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in the City of Meridian Comprehensive Plan and Idaho Code § 67-6509. 3. The property which is the subject of the application for amendment is described in said application and by this reference is incorporated herein as if set forth in full. 4. The Applicant is Joseph A. Billig/Touchmarlc Living Centers, Inc. of 5150 S.W. Griffith Dr., Beaverton, Oregon. The Applicant piled a written Comprehensive Plan amendment application. 5. Pursuant to the application, the affected property is generally described as 142.6 acres located east of St. Luke's Medical Center, north of Franklin Road, south of I-84; the Applicant requests the Comprehensive Plan and Land Use Map amendment to change from Single Family Residential to Mixed Planned Use. 6. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivision 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, Ord. No. 629-Jan.4, 1994 and Maps and Ordinance establishing the Impact Area Boundary. 7. The Applicant requested the Comprehensive Plan amendment and the application was not initiated at the request of the City of Meridian. 8. The proposed application requests a Comprehensive Plan amendment to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION FOR A COMPREHENSIVE PLAN AMENDMENT - JOSEPH A. BILLIG/TOUCHMARK LIVING CENTERS, INC. - 2 change the designation of the subject property from Single Family Residential to Mixed Planned Use. The designation change requires an amendment to the Comprehensive Plan of the City of Meridian as requested by the Applicant. (City of Meridian Comprehensive Plan, pg. 78-79). 9. The Applicant testified at the public hearing that the particular characteristics of the affected property make the amendment desirable. 10. The Assistant to the City Engineer, Bruce Frecldeton, and the Assistant Planner, Steve Siddoway, submitted comments by and through a Memorandum dated September 28, 1999, and Bruce Freckleton and Shari Stiles, Planning and Zoning Administrator submitted comments by and through testimony during the September 30, 1999, public hearing on this matter. Such report and comments are hereby incorporated herein, as follows: 10.1 COMPATIBILITY SL DESIGN ISSUES: The proposed project is fully compatible with St. Luke's to the west. St. Luke's representatives have expressed support for the project. Consideration for adequate buffering of the existing residential subdivisions would need to be carefully considered during future detailed plan reviews. 10.2 The proposed project includes a private road campus, which likely will be a hot issue. ACHD will need to determine if a public road will be required through the project. 10.3 PUBLIC WORKS ISSUES: The Public Works' Facility Plan forecasts the northerly portion of this property to be served with sewer extending through the RC Willey site, and the southerly portion to be served by sewer extending through the Saint Luke's site. The line dividing the north portion from the southerly portion is not clearly defined. This line represents the division by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION FOR A COMPREHENSIVE PLAN AMENDMENT - JOSEPH A. BILLIG/TOUCHMARK LIVING CENTERS, INC. - 3 which gravity sewer can drain to each of the two mains. The current Meridian Comprehensive Plan indicates a proposed well site in the vicinity of the mid section line intersection with Franklin Road. The Public Works Department still desires to develop a new well in this vicinity. These and other issues will be determined when annexation and development applications are processed. Water service to any future development is contingent upon positive results from a hydraulic analysis by our computer model. 10.4 OTHER It appears that Records of Survey have been recorded to establish separate parcels of property. The City of Meridian does not recognize these parcels as legal lots, and appropriate subdivision platting will need to take place prior to initiation of any development of the property. 10.5 Staff recommends approval of the Comprehensive Plan Amendment as a Mixed/Planned Use Development. Due to the Mixed/Planned Use designation, all development applications will require a Conditional Use Permit and design review by the Planning &- Zoning Commission and City Council. Approval of a change in the land use designation in no way indicates approval of any concept plans presented, nor serviceability of the site. 12. The Meridian Planning and Zoning staff offered the following Comprehensive Plan analysis: 12.1 The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this application. The following sections most directly apply to the proposed project and are repeated here for the Council and Commission's consideration during the hearing process. Goal 3 is "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." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION FOR A COMPREHENSIVE PLAN AMENDMENT - JOSEPH A. BILLIG/TOUCHMARK LIVING CENTERS, INC. - 4 Goal 4 of the Comprehensive Plan is "to provide housing opportunities for all economic groups within the community." Goal 8 is "to establish compatible and efficient use of land through the use of innovative and functional site design. 12.2 Economic Development 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages... commercial enterprises to locate in Meridian. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 12.3 Land Use 1 .4U Encourage new development that reinforces the City's present development pattern of higher density development within the Old Town area and lower density development in outlying areas. 1 .8U Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. 2.1 U Support a variety of residential categories (urban, rural, single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. 2.2U Support strategies for the development of neighborhood parks within all residential areas. 2.3U Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION FOR A COMPREHENSIVE PLAN AMENDMENT - JOSEPH A. BILLIG/TOUCHMARK LIVING CENTERS, INC. - 5 4.8U Encourage 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. 6.8U New urban density subdivisions which abut or are proximal to existing rural residential land uses shall provide screening and transitional densities with larger, more comparable lot sizes to buffer the interface between the urban level densities and rural residential densities. 12.4 Transportation 1 .4U Monitor and coordinate the compatibility of the land use and transportation system. 1 .20U Encourage proper design of residential neighborhoods to ensure their safety and tranquility. 12.5 Open Space, Parks and Recreation 2.5U New subdivision development.. will be considered as opportunities to. ..encourage the development of recreational open spaces and parks as part of new planned developments. 12.6 Housing 1.1 The City of Meridian intends to provide for a wide diversity of housing ...... in a variety of locations suitable for residential development. 1.4 The development of housing for all income groups close to employment and shopping centers shall be encouraged. 1.6 Housing proposals shall be phased with transportation, open space and public service and facility plans, which will maximize benefits to the residents, minimize conflicts and provide a tie-in between new residential areas and service needs. 1.19 High-density development, where possible, should be located near open space corridors or other permanent major open FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION FOR A COMPREHENSIVE PLAN AMENDMENT - JOSEPH A. BILLIG/TOUCHMARK LIVING CENTERS, INC. - 6 space and park facilities, and near major access thoroughfares. 12.7 Community Design 5.2 Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 6.5U Establish land -use designations that reflect the character of existing neighborhoods. 6.11 U Promote well-planned and well -designated affordable housing in all Meridian neighborhoods. 13. The City of Meridian Fire Department's recommendations are hereby incorporated as follows: 13.1 Applicants shall satisfy all fire code requirements including those pertaining to water flow, fire hydrants and fire sprinkler systems. 14. The Nampa/Meridian Irrigation District recommendations are hereby incorporated as follows: 14.1 Requires all laterals and wasteways be protected. 14.2 All municipal surface drainage shall be retained on site. 14.3 If any surface drainage leaves the site, the Nampa &_ Meridian Irrigation District must review drainage plans. 15. The comment of the Ada County Highway District is incorporated as follows: 15.1 ... request that the city defer action on this application until the City has received a formal action by the ACHD Commissioners. Because of the potential of great volumes of traffic that may be generated by development of this property, and the need to coordinate all the traffic considerations of the vicinity, the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION FOR A COMPREHENSIVE PLAN AMENDMENT - JOSEPH A. BILLIG/TOUCHMARK LIVING CENTERS, INC. - 7 • L� District needs additional time to review a Traffic Impact Study and consider the overall impacts of traffic from this property together with the needs of the property and transportation system in the area. 16. The proposed designation change within the subject application would, in fact, require an amendment to the Comprehensive Plan as determined by City policy. CONCLUSIONS OF LAW 1. All the procedural requirements of the Land Use Planning Act and of the Comprehensive Plan of the City of Meridian were met including: notice of the time, place, and a summary of the proposed amendment to the Plan, the publication of which was fifteen (15) days prior to said hearing; copies of all notices were made available to newspaper, radio, and television stations. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendment Section; Idaho Code § 67-6509(a)). 2. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code (I.C. § 67-6509). 3. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Land Use Planning Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION FOR A COMPREHENSIVE PLAN AMENDMENT - JOSEPH A. BILLIG/TOUCHMARK LIVING CENTERS, INC. - 8 ordinance pursuant to Idaho Code § 67-67504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 4. The City Council or any group or person may petition the Planning and Zoning Commission for a plan amendment at any time. The following requirements, time tables, and procedures to amend Meridian's Comprehensive Plan must be satisfied: A. Application to amend the Comprehensive Plan may be filed with the Planning and Zoning Commission at any time. B. The Applicant will submit a letter for a Plan amendment which will contain the following; 4.B.1 Specific definition of the change requested. 4.B.2 Specific information on any property involved. 4.B.3 The condition or situation which warrants a change being made in the Plan. 4.B.4 The public need for and benefit from such a change in the Plan. 4.B.5 Documentation that no other solutions to the problem are presented by the current policy of the Plan are possible or reasonable. 4.B.6 Development intentions for any land involved. 4.B.7 Any other data and information needed by the Planning and Zoning Commission in evaluating the proposal, such as who does it help, who does it hurt, how much is it going FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION FOR A COMPREHENSIVE PLAN AMENDMENT - JOSEPH A. BILLIG/TOUCHMARK LIVING CENTERS, INC. - 9 • to cost and who is going to pay for it. C. No application will be considered until the required information is complete. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section). 5. The Planning and Zoning Commission may recommend amendments to the Comprehensive Plan to City Council not more frequently than every six (6) months. (Idaho Code § 67-6509(d); Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section) 6. Upon receipt of a complete application, the Planning and Zoning Commission shall conduct at least (1) public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the plan shall be published. The Commission shall also make available a notice to newspapers, radio, and television stations. (Idaho Code § 65-6509(a)) 7. At said hearing, the proposed amendment shall be presented to the Commission by the Applicant and the Commission shall accept testimony from the public. Within forty-five (45) days of the hearing, the Commission shall make a recommendation to the City Council, supported by Findings of Fact and Conclusions of Law. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section). 8. An Applicant shall be notified of the Commission's decision by mail. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION FOR A COMPREHENSIVE PLAN AMENDMENT - JOSEPH A. SILLIG/TOUCHMARK LIVING CENTERS, INC. - 10 • 9 Any Applicant whose application is denied may appeal to the City Council within thirty (30) days from the date of notification of the decision, by filing a written appeal stating the reasons for the appeal. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section) 9. To change a designation from Single Family Residential to Mixed Planned Use requires approval by the Planning and Zoning Commission as provided under the City of Meridian Comprehensive Plan, Implementation Chapter Comprehensive Plan Amendments Section. 10. Upon review of an amendment application relating to land use designations, the Commission should take the following objectives into account: 10.1 Mixed -planned uses along the I-84 corridor, which are attractive and compatible with high-volume traffic corridors. 10.2 Designating ample land for urban expansion and infill. 10.3 Quality residential neighborhoods, north, south, east, and west of Old Town. 10.4 Planned mixed uses along I-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors. 10.5 Buffers to the waste treatment plant. 10.6 Adequate school and park sites for quality living. 10.7 The importance of maintaining compatible land uses to ensure an optimum quality of life. 10.8 Respect for the responsibilities and rights of land ownership. 10.9 Reinforce the role of the City in regulating the use of land resources for the benefit of future generations. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION FOR A COMPREHENSIVE PLAN AMENDMENT - JOSEPH A. BILLIG/TOUCHMARIC LIVING CENTERS, INC. - 11 • 0 10. 10 Plan for multiple use of public facilities wherever feasible. 11. Upon review of an amendment application affecting residential designations, the Commission should take the following policies into account: 11.1 Support a variety of residential categories (urban, rural, single- family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. 11.2 Support strategies for the development of neighborhood parks within all residential areas. 11.3 Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 11.4 Encourage sidewalks and paved streets for all existing neighborhoods through joint ACHD/Local Improvement District programs. 11.5 Encourage compatible infill development which will improve existing neighborhoods. 12. Having made the afore stated Findings of Fact and Conclusions of Law the City of Meridian Planning and Zoning Commission hereby approves the proposed application to amend the City of Meridian Comprehensive Plan as set forth herein. DECISION The Meridian Planning and Zoning Commission determines that upon review of the applicable standards, goals, policies and guidelines as set forth in the Comprehensive Plan of the City of Meridian, the established record, and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION FOR A COMPREHENSIVE PLAN AMENDMENT - JOSEPH A. BILLIG/TOUCHMARK LIVING CENTERS, INC. - 12 applicable law, that amendment of the Comprehensive Plan is warranted in the instant case. ey/Z:\Work\M\Meridian 15360M\Touchmark Living Centers\CPApzIcs FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION FOR A COMPREHENSIVE PLAN AMENDMENT - JOSEPH A. BILLIG/TOUCHMARK LIVING CENTERS, INC- - 13 0 0 WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW KATHY J. EDWARDS JuLEE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. RossMAN TODD A. RossMAN R. STEPHEN RUTHERFORD DAvID M. SwARTLEY TERRENcER.WHITE William G. Berg, Jr. City Clerk Meridian City Hall 33 East Idaho Meridian, Idaho 83642 E-MAIL: RSR@WPPMc.COMRE c , D OCT 2 8 1999 October 27, 1999 CITY OF MERIDIAN Re: Comprehensive Plan Amendment from Single Family Residential to Mixed Planned Use for the proposed Touchmark Living Center Applicant: Joseph A. Billig/Touchmark Living Centers, Inc. Dear Will: Please find enclosed the original of the Recommendations to the City Council by the Planning and Zoning Commission on the above referenced application. Please note this matter will be heard before the City Council on November a, 1999. Shari Stiles and Gary Smith have been given copies of the above Recommendations so they can be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. Very truly yours, R. Stephen Rutherford Enclosure ey/L:\Work\M\Meridian 15360M\Touchmark Living Centers\CPACdkFnC.ltr NAWA OFFICE 200 EAST CARLTON AVENUE 104NINTHiAVM-ES— POST OFFICE BOX 1150 POST 0 FIcEBox 247 MERIDIAN, IDAHO 83680-1150 NA1 "A, IDAHO923T2 247 FAX (208) 4664405 TEL (208) 288-2499 FAx (208) 288-2501 PLEASE REPLY TO MERIDIAN OFFICE E-MAIL: RSR@WPPMc.COMRE c , D OCT 2 8 1999 October 27, 1999 CITY OF MERIDIAN Re: Comprehensive Plan Amendment from Single Family Residential to Mixed Planned Use for the proposed Touchmark Living Center Applicant: Joseph A. Billig/Touchmark Living Centers, Inc. Dear Will: Please find enclosed the original of the Recommendations to the City Council by the Planning and Zoning Commission on the above referenced application. Please note this matter will be heard before the City Council on November a, 1999. Shari Stiles and Gary Smith have been given copies of the above Recommendations so they can be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. Very truly yours, R. Stephen Rutherford Enclosure ey/L:\Work\M\Meridian 15360M\Touchmark Living Centers\CPACdkFnC.ltr Meridian Planning and Zoning Special Meeting September 30, 1999 Page 55 MOTION CARRIED: ALL AYES 7. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE FAMILY RESIDENTIAL TO MIXED/PLANNED USE DEVELOPMENT (TOUCHMARK LIVING CENTERS, INC.) BY JOSEPH A. BILLIG/WATERFORD DEVELOPMENT & CONSTRUCTION COMPANY— EAST OF ST. LUKE'S BETWEEN 1-84 AND FRANKLIN ROADS: APPROVE RECOMMENDATION TO CITY COUNCIL. Borup: Item No. 7. And that's probably why we have most of these people here tonight. Request for Comprehensive Plan Amendment from single-family residential to mixed/planned use development, Touchmark Living Centers by Joseph A. Billig/Waterford Development & Construction Company. Staff. Stiles: Mr. Chairman, Commissioners, you have our report dated September 28, 1999. This is for the property that would extend clear to the extent of our impact area boundary. This subdivision is in Boise City's impact area. The Edgeview Estates Subdivision. What they're proposing, this is where St. Luke's is, where the new hospital is going to be built. They are requesting that all of this area be designated mixed/planned use development in order that they may come in with their retail, some retail office, but the majority of it would be for senior living quarters with the – well, I don't know if they have a site plan in here or not. We've had numerous discussions with them. St. Luke's is very involved in the plans for this. It will be a good complement for them. I would suggest that if this area is designated mixed/planned use that we also include this so it's not an island surrounded by the mixed/planned use development that would still be single-family residential. There is currently a mixed/planned use designation, I think it roughly follows this line. This is another, like most of the other applications tonight, there has been some splitting of property that would need to be taken care of prior to any development. Staff would recommend approval of the mixed/planned use development provided there is adequate buffering of the existing single-family residential, and, of course, all of that will be included as part of any development through development agreement and the conditional use process. You're all familiar with what's there now? This is all zoned C -G, this is where the R.C. Willey's site is. Kitty-corner from that is the Parkway Plaza, the new office building that's going up on that corner. This is all still single-family development in Ada County. This, of course, all is yet undeveloped. This is all light industrial ground, the railroad. That's all I have unless you have some questions. Borup: Any questions from the Commission? Okay. Thank you. Is the applicant here this evening like to make a presentation? Meridian Planning and Zoning Special Meeting September 30, 1999 Page 56 Bocutt: Becky Bocutt, Briggs Engineering, 1800 West Overland. I'm representing the applicant on this application. As Shari indicated, a portion of that property is already mixed/planned use development. The area that you see where it's designated R-3, and there — if you follow that line and go to the west, that is the Bews parcel, and the parcel east of that is the Thomas/Tullis property. Approximately 60 percent of the Bews parcel is already currently designated mixed/planned use development on your Comp Plan. The eastern side is designated single-family, and then the Thomas/Tullis property is designated single-family. The applicants here is Touchmark, and they would like to build a true mixed/planned use development where, as Shari indicated, we have office, some commercial, a nursing home facility and assisted care, different types of dwellings for a total, complete, retirement community. It would be a multi -phased project, and we are not asking, as Shari indicated, for any approval of that plan at this time. Just to make the properties have the same, consistent designation on the Comprehensive Plan. To the north of this property, it's designated light industrial, the hospital is designated medical facility, and then the mixed/planned use development goes over to Eagle Road in that southeast corner of the intersection. We have submitted an application for annexation and rezone, and a conditional use application covering the project in its entirety. That's at the Planning Department, I think, it's been there about 30 days, so we do have a site-specific application that will come before you and be reviewed. We have not met with the residents yet. We have inquired about the convention center and got some times and costs, and we will be doing that here within the next few weeks. That will take place prior to the rest of our applications moving forward. I knew she'd ask that question. Do you have any questions? Borup: Any questions for the Commission? Barbeiro: Mr. Chairman. Borup: Mr. Barbeiro: Barbeiro: Becky, remind me, how many acres is this site total? Bocutt: The total, I think, is approximately 150 acres total. Barbeiro: Is the intent to put retirement communities there right along the freeway? Bocutt: We have other residential developments along the freeway with appropriate vegetation — Borup: That would be the hard -of -hearing people along there. Bocutt: Yes. Meridian Planning and Zoning Special Meeting September 30, 1999 Page 57 Barbeiro: There's nothing wrong with it. I grew up next to a freeway, actually — Bocutt: Right. There are many things that we're doing now where it's not as noisy. You still get some of the freeway noise, but with berming, combination wall, vegetation, you can kind of buffer it somewhat. Barbeiro: I'm trying to get a feel. I'm guessing that you're going to layer it so you're going to have from the freeway, maybe some single-family homes, then as you move towards Franklin, you might have some multi -family retirement homes, and then as you move at Franklin, you might have some light commercial. Bocutt: Correct. The intensity increases as you would go northward toward the arterial. And I recommended to them, I did the Edgeview Estates Subdivision, and that's all single-family, and it's got a park and a school site, and so I recommended that their lower density, obviously, be across the canal from Edgeview. You know, a better transition. We wouldn't have as much opposition. Barbeiro: It wasn't critical of putting it next to the freeway; that's all. I'm just trying to understand the layering. In its final developed state, how many people would you assume would be moving into this area? Bocutt: That would probably be a question for them. They've got their information and their data on what the number, you know, of units and the number of people per unit would be. Mr. Neil, I think, could answer that for you. Hatcher: Mr. Chairman. Borup: Mr. Hatcher. Hatcher: Just so we can continue to keep things moving tonight, I think we need to make sure that we maintain our focus on the fact that this is a Comp Plan meeting and not a conditional use meeting. Borup: Well -taken point. Okay. Anything else? Barbeiro: No. Bocutt: Thank you, Mr. Borup. My question time's over. Borup: Becky, did you say, is there someone else on that side that would like to testify? Okay. He'll hold his comments until the end. This is a public hearing, and, 0 • Meridian Planning and Zoning Special Meeting September 30, 1999 Page 58 again, as Commissioner Hatcher pointed out, this is strictly a Comp Plan designation change. Anything that's going to happen, this is the first step. Specifically if we want to see any additional roads or anything through the property, this is the first step. So, saying that, do we have anyone else who would like to testify on this application? If so, come on forward. Griffiths: Hi. I'm Trisha Griffiths. I live at 3295 North Montview. The Montview Subdivision residents would like to defer this matter until we get a traffic study from the ACRD. I have a letter that I would like to put into the record for you. I don't know if you had received one yet. Borup: From who, is it? Griffiths: From (inaudible) Griffiths: On there, Exhibit A states that to amend the Comprehensive Plan that they would like it to be deferred because there exists a significant problem with the area relating to traffic circulation and access to the public street system. These issues were brought up when St. Luke's Phase III Development application was brought up, and I think it's really important that we have a chance to review the traffic study, and so we're asking that this be deferred until we see the traffic study. Borup: Okay. Any questions of Commission? De Weerd: Mr. Chairman, I think it's appropriate to, perhaps, if you could explain the procedure for this. We're not even looking at roads yet, right? Borup: No. And that was the comment I was just going to make. I'm not sure how they do a traffic study without a design. We don't know how many roads are going to be here, how many — the density of the project or anything. Maybe they can do that, but I'm not sure how a traffic engineer would do a traffic study without having a project to analyze. Griffiths: And I guess we'd probably really can't comment on how we feel about a lot of stuff until we see what ACHD comes up with, because — Borup: Well, ACHD can't come up with anything until there's something to look at. Griffiths: Well, from my understanding, I thought they were checking into it and doing a traffic impact study. • Meridian Planning and Zoning Special Meeting September 30, 1999 Page 59 Borup: We did receive a letter from them asking us to wait one month from August 19tH And we're past that date, but — Griffiths: And also, Touchmark did say that they wanted to meet with us, but that was mentioned back in August — end of July and first part of August, and, like Becky said, they want to, but so far we've been told it'd be two weeks and two weeks, and we still have not heard anything from them. Borup: It may be, without having this part of it done, there's nothing to proceed on. Griffiths: Well, I guess — you know, if they already submitted annexation and rezone and — Borup: No. They haven't. Griffiths: I though that's what she said. Borup: Pardon? De Weerd: Well, today in front of us — Borup: Okay. They may have, yes. De Weerd: -- is just a Comp Plan change, and if we defer it today, they have to wait six months. Our Comp Plan can only be changed every six months. The reason why we called this special meeting for all of our Comp Plan changes and requests was that we could do it in one final action. Because we can only do it once every six months. So, deferring this would definitely defer it for six months, but right now, they're just looking for the Comp Plan change so they can proceed with the next step, and that would be the zoning and the conditional use permit which the traffic study certainly would have to be a component of and those sort of things. So this is kind of the first baby step. Griffiths: Okay. So, since this is a special meeting, you guys don't set up anymore special meetings, then? De Weerd: They would then file on our next regularly — wherever that application is, don't know. I don't think it's on October 12th, so it would be at our November meeting, if that application, at the earliest, if it were to be recommended today. Griffiths: Okay. So all their applications and everything would come up on the next meeting; you're saying? r Meridian Planning and Zoning Special Meeting September 30, 1999 Page 60 Borup: That'd be a full public hearing, yes, on — De Weerd: You'll be noticed within 300 feet — Borup: And then -- De Weerd: -- at the earliest would be November before this could be heard anyway. Griffiths: Could I recommend that the residents of the Montview Subdivision be notified? Because I think, right now, St. Luke's surrounds us, and they would probably be — we would not be within the 300 feet. So I would request that you guys do notify us (inaudible). Borup: Is there a single individual that could be notified that would get the word out to the rest? Griffiths: You could notify me or John McCreedy, our attorney. Borup: Okay. If you want to leave — Rossman: Mr. Chairman, I think we — there is a letter of representation in here. We should go through their counsel. Borup: Okay. So this John McCreedy would be the appropriate one to — I just think that'd be — whether it's outside or is the property between this and there is more than 300 feet? Griffiths: Yes. Borup: Okay. Then in this case, I think we, as Commissioner De Weerd said, be appropriate to notify — it'd make a lot more sense to notify a single individual with the understanding that they would get that information to the subdivision. Griffiths: Yes. I work with John McCreedy, so I have access to that. Borup: Okay. That'd work good then. Griffiths: Okay. Thanks. Borup: Okay. Any other questions from the Commission? Okay. I hope — sounds like maybe that clarified a lot of what's happening. So, does anyone else wish to comment Meridian Planning and Zoning Special Meeting September 30, 1999 Page 61 or testify this evening? Anyone from the residence? Okay. Becky, you had a concluding remark? Bocutt: Becky Bocutt, Briggs Engineering. Ada County Highway District did ask us to have a traffic study done on our project. That traffic study is complete and was submitted to Ada County Highway District. This is it here. I faxed a copy to your staff around the first of the week. I met with Pat Doby, I believe who's the consultant, traffic consultant, to the neighbors. I met with him last Friday on one of my other projects. did allow him to read through this and comment on it. We chose the traffic engineer that Ada County Highway District had recommended that we choose. They also retained him to do a separate report looking at the entire area, like clear over to the Cloverdale Road, looking at the uses, beyond the R.C. Willey story in that northeast corner. So we are making in -roads to get these traffic issues worked out, but, obviously, as Commissioner Borup indicated, this is not the time or the place to start hashing those out. Our applications have been submitted, the staff has held them on hold to see what you people did this evening. We'd like those applications to move forward so that we can work out these traffic issues in this area and work with the Montview residents. And we will be holding a meeting. One of the problems that we've had lately is that I've had so many hearings that I've had some scheduling problems, and then my clients do have to fly in from out of state for the meetings. So we are trying to coordinate my schedule and theirs to come up with a meeting time for these residents, and I hope they don't think we're trying to put them off here. Do you have any questions? Borup: Any questions? Thank you, Becky. Neil: My name is Bernie Neil with Touchmark Living Centers. I'd like to make just a couple of housekeeping comments. Regarding meeting with the neighbors, there have been a couple of neighbors that I've had conversations with who have contacted me and have, for instance, made a proposal that we donate some land and that the Montview residents donate some land and create a right -in right -out access onto Franklin, and I was agreeable to that. With that particular individual, I've had threw conversations, and so there has been dialog that's been going on. And as Becky has pointed out, we're all busy, but also there's the process that goes on, and until this process is complete and being able to move ahead into the next process, we really don't know what we have to present, what we can move onto. And given the time that rezoning and conditional use permit application and so on would go through, that provides plenty of time for answering and listening to and negotiating with the neighborhood there about their concerns and our concerns. So this has not been a burning issue at this level for the Comprehensive Plan. Another is, you had asked the question about how many residents, so we can certainly answer that. And you will see in the application, I hope we'll be able to proceed to you, that we're in the 700 to 900 or so resident range. Some of that has to do with how much is single occupancy, so single 0 0 Meridian Planning and Zoning Special Meeting September 30, 1999 Page 62 person coming in or is a husband and wife, then it's hard to predict that exactly, but we can predict how many units would be, how many living units there would be, but not exactly how many people be coming there, just as you might have trouble predicting whether there would be in a regular single-family neighborhood whether it would be with one-person, or two -person or four -person family or a ten -person family. We have some of that, but it's a little narrower with it being senior specific. Do you have any questions for me? Borup: Any questions for Mr. Neil? Neil: Thank you. Borup: Thank you, sir. Commissioners. Rife: May I speak, please. Borup: Hurry on up. Rife: I hope that you give me the same consideration and time as the others. My name is Patricia Rife. I'm a resident of Montview Drive Subdivision and have lived there for over 18 years. I would like to say that the cavalier attitude of the representative of Touchmark is representative of what we've gone through the past five years, and I do hope you give us time. I do hope you give us your ears. I do hope you'll give us the same consideration that you do these other people. You don't ask them to hurry on up. Borup: I do. Rife: And I expect rightfully so, that as a taxpayer and a citizen, that our needs, our words, are heard and respected by you also. This gentleman says he met with — or has talked with representatives from our Montview Drive Subdivision. If he did, they were independent and not representative of our group. They'd made no real effort, as he waived it off and said, well, this isn't convenient for us, and I think that we're entitled to the same consideration as the people with the big money are. And I believe — I have the feeling that you're just brushing us off tonight. We brought a letter from our lawyer, he wasn't able to be here, and we're asking that you defer this until we have the information that we need. Until this developer is willing to meet with us and talk with us and let us know what he has on his mind. See that strip of land between the yellow and the Montview Park Subdivision? It's my understanding, and St. Luke's and this guilder either are in negotiation or that property has been sold by St. Luke's to Touchmark. And it's very interesting that that isn't yellow, too. And that's the 300 or more foot buffer that keeps us from being in the notification. And I don't think that's right. So I thank you all for listening to me. • 0 Meridian Planning and Zoning Special Meeting September 30, 1999 Page 63 Borup: Thank you. Any questions for Mrs. Rife? De Weerd: Mrs. Rife, I would hope that our attorney maybe can explain the process to you. Again, by deferring this, it sets it off not just a month until the traffic studies are done, it sets it off a minimum of six months. Borup: And probably until after the new Comp Plan is adopted. Rife: I know that it's inconvenient, but it's been three or four months that we've been asking these people to meet with us and talk with us, and they put us off for maybe six months. De Weerd: And this first just a Comp Plan part of it. It's nothing to do with the application itself. It doesn't have anything to do with the rezone or annexation or conditional use process. It's, right now, just a blank slate, and I think they heard us when we listened to the Montview's concerns during St. Luke's that it is an issue and it is going to have to be addressed, and so I think that if they come to us before talking to you, it will be delayed until they do talk to you. So — and I can speak as one commissioner, but that's always been the attitude that this commission has had. If that is any assurance to you, that is our approach. Rife: I just don't want the same thing to happen here as what happened with St. Luke's. And I hope you all hear us. Thank you. Borup: Did you have — Rossman: Yes. It's somewhat difficult to explain. I'm not sure everybody really understands what the scope of this proceeding is as opposed to a proceeding for a conditional use permit or for annexation and zoning. All we're talking about here is whether under the Meridian Comprehensive Plan this particular piece of property is more appropriately designated mixed use/planned unit development or whether it's more appropriately single-family residential. The developer's not required to submit a site plan or a concept plan for our consideration, or for the Commission's consideration in deciding whether or not to approve the Amendment. We're not talking about a particular project here or a particular site plan or anything of that nature, and the only comments that we've heard at this proceeding so far really have been traffic related and relating to an impact study. Traffic really can't be determined on something like this until there is a site plan or a concept plan, and that's going to come in at a later stage. At the stage of whether or not annexation, zoning and a conditional use permit should be granted on this particular project. Those will all be relevant issues. ACHD will submit a report and this Commission will thoroughly consider all of that information 0 0 Meridian Planning and Zoning Special Meeting September 30, 1999 Page 64 before deciding on those particular applications, but those are not really appropriate issues at this proceeding here. So, hopefully you understand that and you don't feel like the Commission is brushing you off. It will fully consider this project before it's approved. Borup: Thank you. Commissioners. Comments? Okay. Come on up. Billig: Joseph Billig with Touchmark Living Centers. In an effort to speed up our process, we do have an application for zoning, annexation and conditional use permit that was submitted September 1St. Planning and Zoning staff felt that they could not accept that until the Comp Plan was resolved. What we're wondering tonight is if it would be possible to direct Planning and Zoning to go ahead and process that so we can make the October 1St deadline tomorrow and get the November hearing; otherwise, if we have to wait until the results of tonight's decision go to City Council, then we're really looking at probably November 1 St submission for that planning, zoning and annexation and conditional use permit. So is there any way to kind of run those concurrently while this is going to Council? Maybe on the pretense that it's a condition of approval of the zoning and annexation, obviously, if the Comp Plan's approved, those can go through, but ideally, we'd like to get a hearing date set up for November as soon as possible, and I think that would help us tie in with what Montview and be able to meet with them and show them what we have planned. Rossman: I think in response to your request, the — all this Commission is doing is making a recommendation to City Council until there has been a Comprehensive Plan Amendment, there really can't be any consideration for your particular site plan because it's inconsistent with the Comprehensive Plan as it presently sits, so there has to be some final action, by my opinion, by City Council before we can really process your application. Billig: Until Council hears it and approves it, our application cannot really be processed? Rossman: That's correct. Whatever this Commission does is only a recommendation, and there would be another proceeding before City Council for them to make the final determination. Until that's done, an application would be inconsistent with the Comprehensive Plan. Billig: I think Shari just felt if she had direction specifically from the Commission that she could start reviewing that plan and set up a hearing date, they would. But :.she didn't want to do that without, I think, the authority of this Commission. Meridian Planning and Zoning Special Meeting September 30, 1999 Page 65 Rossman: I don't think there's anything that would prevent her from, and, certainly, this Commission can ask her to start reviewing it, I mean, there's nothing to keep her from doing that. Billig: She wouldn't be able to set up a hearing date either at this point? Rossman: Not while, I mean, you can set a hearing date, but unless City Council has acted upon this Comprehensive Plan Amendment proposal, which they should have by the time you get a hearing — Billig: And that's kind of what we're thinking, yeah, if we can sort of get the hearing date, I mean, if City Council denies it, then, obviously, our hearing is out the window, but if we could sort of establish that date right now, it seems like we're going to have to wait at least another month on — so, if that's possible if this Commission could recommend that, specifically to Shari and staff, to go ahead and set the hearing date, then we could kind of cross our fingers that the Comp thing gets approved, then be ready for the zoning and conditional use permit hearing. Rossman: Yeah. I don't have an objection to the Commission asking Shari to begin reviewing and even to schedule a hearing date for those applications with the understanding that if Meridian City Council does not approve the Comp Plan Amendment, there is no hearing. Billig: Right. Okay. Thank you. I appreciate that. De Weerd: I would add one thing to it is you need to have your traffic information done by then, too. Billig: Yeah. Actually, that is complete now, so we've kind of hedging our bet (sic) that we — De Weerd: And ACHD. Billig: And that has gone to ACHD as well, yeah. De Weerd: Okay. Billig: So we'll definitely want to hear all their comments, and they will have a lot of comments, and, obviously, we will have several more hearings. De Weerd: Yeah. We don't want to hear it until they have. Meridian Planning and Zoning Special Meeting September 30, 1999 Page 66 Billig: Right. Right. And I think we all concur with that. Rossman: And certainly if it is completed, it would be a nice thing to share with these people that have shown up. Billig: Yeah, and I think Becky has shared it with our traffic engineer, so I'm sure we can work that out. Hatcher: I probably just want to add, let the applicant be aware that, you know, this is going to be a hot issue. I'd really like to see your package, I's dotted, T's crossed. I want to see all the information early on, not at the last minute, you know, with loopholes and, oh, we don't have that yet, and we don't have this yet. It bogs down the system, and I think by your request, you don't want that to happen either. But, likewise, I don't think we want to overstep our boundaries, either, and get into something that's not legal for the City to do. I have no objection in the Planning Department reviewing your project, but I would defer to legal counsel as to whether or not a hearing is scheduled, whether that can be done legally or not. So, just so that you're aware of, you know, whatever's in the best interest of the City legally is what I would lean towards. Rossman: Mr. Chairman. As I said before, there's no problem in my opinion with — clearly, with the applicant moving forward with, you know, gathering all of the relevant information that's going to be needed to be presented to this Commission at the hearing, and there's certainly nothing to prevent the Planning and Zoning staff from beginning its review and consideration of the application and also to prevent — there's nothing that would prevent the application for being set for a hearing. Like I said before, with the understanding that it's contingent upon Meridian City Council's determination. Borup: Okay. Thank you. Commissioners. De Weerd: Mr. Chairman, I move that we close the public hearing. Hatcher: Second it. Borup: Motion is seconded to close the public hearing. All in favor? MOTION CARRIED: ALL AYES Borup: Do we have a motion? De Weerd: Mr. Chairman, I move that we recommend approval for the request for Comprehensive Plan Amendment from single-family residential to mixed/planned use development and to include all staff comments. Meridian Planning and Zoning Special Meeting September 30, 1999 Page 67 Hatcher: I second it. Borup: We have a motion and second. Any discussion? All in favor? MOTION CARRIED: TWO AYES AND ONE ABSTAINED Borup: Thank you. Freckleton: Mr. Chairman, am I to assume then that that's an official direction from Planning and Zoning for us to process the applications? Borup: That was not included in the motion, but I think that — Commissioners. Hatcher: Hold on a second, Keith. De Weerd: I'm sorry. What? Borup: Oh. We didn't have a — are you talking about the vote? De Weerd: We didn't have a quorum? Borup: We didn't have a majority. *** End of Tape 2, Side 2 *** -- Counsel. Rossman: Commissioner De Weerd is concerned about whether the basis for Commissioner Barbeiro's abstention should be placed on the record, and I guess under Idaho Law, the only requirement would be if there is a potential conflict of interest that is the basis for abstaining. And if there is, it should be put on the record, yes. Barbeiro: There is no conflict of interest with regard to this project. Rossman: Okay. Then you can abstain. Barbeiro: Thank you. Borup: Are we okay on the vote, then? Was there a question on that? I mean, as far as a number? Meridian Planning and Zoning Special Meeting September 30, 1999 Page 68 Hatcher: Motion? Borup: No. As far as the — De Weerd: That question (inaudible) Hatcher: -- (inaudible) it was two of three. Rossman: Wait a minute. We only had two commissioners at that point. Borup: Right. That's what I'm asking. Do we need another vote. Rossman: Because you would have to participate at that time. Borup: I'll vote aye. Rossman: I apologize. Borup: That may or may not have been a question, but we're covered. Freckleton: Mr. Chairman. Borup: Mr. Freckleton. Oh, yes. We do have one more item on that. Freckleton: Two more items. Borup: Two more items. Freckleton: Staff had recommended that the R-3 parcel, the out parcel that's shown on the north boundary along Franklin be included in your recommendation, and also we would like some direction what you would like us to do on these applications. Borup: You didn't put that in your final recommendation comment. De Weerd: I said to include staff comments. Borup: Yes, you did. De Weerd: If you commented on it, then it's in there. Freckleton: It's not a written comment. Borup: Oh. It's not a written comment? Oh. That was her verbal comment. Meridian Planning and Zoning Special Meeting September 30, 1999 Page 69 Rossman: So the question was whether this R-3 section should be included? Freckleton: Correct. Rossman: Well, they should make a determination on that, I believe. If it's not in staff comments, then there should be a separate determination. You can do it by a separate motion. Borup: It was in staff verbal comments which is on testimony as which is on record. Rossman: Then make a new — typically, when we think of staff comments, we've in the past considered written comments. Just to be clean, let's make a motion and include, in particular, that issue; whether that section designated R-3 should be included or not included. Hatcher: Mr. Chairman, I make a motion that we include staff's verbal comments that the lot designated as R-3 be added to this recommendation, and that we also give Planning Department direction on process or reviewing the package currently at hand. Borup: Shari, you — well, do we have a second? Would somebody like to add to that motion? De Weerd: No. I'll second it. Borup: We have a motion and second. Shari, did you understand the last, the second part of that? That was to — De Weerd: As long as it's a complete application, okay? Stiles: Yes. Borup: Well, you can begin reviewings of it. Yes, the recommendation was to go ahead and begin reviewing, and if you're comfortable with the information received to sLAt a date with the understanding that if City Council votes deny, then that would be removed from the agenda. Hatcher: I don't want to see it unless it's complete Rossman: Mr. Chairman, I think the motion was to have staff just start reviewing it. There was no — I don't think the Commissioner — Meridian Planning and Zoning Special Meeting September 30, 1999 Page 70 De Weerd: Oh. You didn't (inaudible) Hatcher. Rossman: -- Hatcher included in his motion that it should be set for a hearing until it has been fully processed. Hatcher: That's correct. Borup: Okay. Motion is seconded. Any other discussion? De Weerd: And that is up to.staff's discretion on when they set that. Borup: Pretty much always, isn't it? De Weerd: Yeah. I just thought I'd emphasize that. Hatcher: No more discussion. Borup: No more discussion. All in favor? Any opposed? Barbeiro: Present. Well, I can't approve – Hatcher: He can't (inaudible) the first one. Borup: Okay. Thank you. Rossman: Mr. Chairman, you'll have to register that one, too. Borup: Aye. MOTION CARRIED: TWO TO ONE 8. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE SINGLE FAMILY RESIDENTIAL TO COMMERCIAL BY QUEENLAND ACRES, INC.—SOUTH SIDE OF OVERLAND ROAD ACROSS FROM INTERSTATE CENTER SUBDIVISION AND ROARING SPRINGS WATER PARK: APPROVE RECOMMENDATION TO CITY COUNCIL. Borup: Commissioner Brown has rejoined us for Item No. 8, public hearing, request for Comprehensive Plan Amendment to change single-family residential to commercial by QUEENLAND Acres, Inc., south side of Overland across from Interstate Center Subdivision, Roaring Springs Water Park. Ms. Stiles. Well, just a minute. We'll have a pause here. Talk amongst yourselves. Ms. Stiles, this is on Item No. 8, QUEENLAND. September 28, 1999 MERIDIAN PLANNING & ZONING MEETING: SEPTEMBER 30 1999 APPLICANT: JOSEPH A. BILLIGIWATERFORD DEVLP & CONST CO ITEM NUMBER: 7 REQUEST: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE FAMILY AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: COMMENTS COMMENTS COMING SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MEMORANDUM: September 28, 1999 To: Planning & Zoning Commission, Mayor and City Council From: Steve Siddoway, Assistant Planner Bruce Freckleton, Assistant to City Engineer Re: Request for Comprehensive Plan Amendment to Change Land Use from Single-family Residential Designation to Mixed/Planned Use Development by Touchmark Living Centers, Inc. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY: PROPOSAL This application is proposing to amend the Comprehensive Plan Generalized Land Use Map for 142.6 acres to a Mixed/Planned Use Development designation. (Note: a portion of this property is already designated as MixedlPlanned Use Development. The remainder is currently designated Single- family Residential. See description of Current Comprehensive Plan Designation under Comments.) LOCATION The property is generally located along the south side of Franklin Rd. between Eagle Road and Cloverdale Road. SURROUNDING PROPERTIES St. Luke's Meridian Medical Center and Montvue Subdivision border this property to the west. Edgeview Estates Subdivision (County Subdivision) borders the property to the east. The parcels to the north include some scattered residential homes and undeveloped pasture north of Franklin. I- 84 borders the property on the south. CURRENT ZONING The property is currently zoned R3 and RT, Rural Transitional, in Ada County. CPA -99-004 Touchmark.CPA HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN PUBLIC WORKS City Council Members BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (208) 887-2211 •Fax 887-1297 GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING RON ANDERSON City Clerk Fax (208) 888-4218 DEPARTMENT KEITH BIRD (208) 884-5533 • Faz 887-1297 MEMORANDUM: September 28, 1999 To: Planning & Zoning Commission, Mayor and City Council From: Steve Siddoway, Assistant Planner Bruce Freckleton, Assistant to City Engineer Re: Request for Comprehensive Plan Amendment to Change Land Use from Single-family Residential Designation to Mixed/Planned Use Development by Touchmark Living Centers, Inc. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY: PROPOSAL This application is proposing to amend the Comprehensive Plan Generalized Land Use Map for 142.6 acres to a Mixed/Planned Use Development designation. (Note: a portion of this property is already designated as MixedlPlanned Use Development. The remainder is currently designated Single- family Residential. See description of Current Comprehensive Plan Designation under Comments.) LOCATION The property is generally located along the south side of Franklin Rd. between Eagle Road and Cloverdale Road. SURROUNDING PROPERTIES St. Luke's Meridian Medical Center and Montvue Subdivision border this property to the west. Edgeview Estates Subdivision (County Subdivision) borders the property to the east. The parcels to the north include some scattered residential homes and undeveloped pasture north of Franklin. I- 84 borders the property on the south. CURRENT ZONING The property is currently zoned R3 and RT, Rural Transitional, in Ada County. CPA -99-004 Touchmark.CPA P&Z Commission/Mayor & Council September 28, 1999 Page 2 COMMENTS: CURRENT COMPREHENSIVE PLAN DESIGNATION consisting of 72.6 acres, and This application involves two major parcels. The Ed Bews property, the Rick Thomas property, consisting of 70 acres. Both properties are currently under contract with Touchmark Living Centers. The Bews property is currently designated approximately 65% Mixed/Pimmed Use Development and 35% Single-family Residential. The Thomas property is currently designated in the Meridian Comprehensive Plan as Single-family Residential. PROPOSED & POTENTIAL USES OF THE PROPERTY The applicant has requested changing the parcels entirely to a Mixed/Planned Use Development designation. The applicant intends to develop the property as a `Senior Community Continuing Care Retirement Center, retail/medical office uses, multi -family apartments, duplex/triplex homes, townhouses, commercial, single-family dwellings, a five -hole pitch and putt golf course, and parks. Other commercial, industrial, or residential uses could potentially be developed in a Mixed/Planned Use area. However, all uses would require a Conditional Use Permit, regardless of intensity, under the provisions of the Mixed/Planned Development designation. PRIOR RELATED ACTIONS The Bews' property was considered for a Conditional Use Permit for mixed business & residential project in 1995. One of the more contentious issues with the project concerned a public road connection from Eagle Road through St. Luke's property and connecting to Franklin Road ACHD's final staff report on the project required a public road. Another problem with the previous Bews' application was that it lacked a specific development plan, and contained only generalized land use bubbles. In January 1996, Meridian City Council remanded the application back to the Planning & Zoning Commission, pending a detailed site plan. No revised plans were submitted until now. Planning & Zoning staff are currently holding applications for Annexation & Zoning and a Conditional Use Permit for this property, pending the outcome of this Comprehensive Plan Amendment. COMPATIBILITY & DESIGN ISSUES The proposed project is fully compatible with St. Luke's to the west. St. Luke's representatives have expressed support for the project. Consideration for adequate buffering of the existing residential subdivisions would need to be carefully considered during future detailed plan reviews. The proposed project includes a private road campus, which likely will be a hot issue. ACHD will need to determine if a public road will be required through the project. CPA -99-004 Touchma*.CPA P&Z Commission/Mayor & Council September 28, 1999 Page 3 PUBLIC WORKS ISSUES The Public Works' Facility Plan forecasts the northerly portion of this property to be served with sewer extending through the RC Willey site, and the southerly portion to be served by sewer extending through the Saint Luke's site. The line dividing the north portion from the southerly portion is not clearly defined. This line represents the division by which gravity sewer can drain to each of the two mains. The current Meridian Comprehensive Plan indicates a proposed well site in the vicinity of the mid section line intersection with Franklin Road. The Public Works Department still desires to develop a new well in this vicinity. These and other issues will be determined when annexation and development applications are processed. Water service to any future development is contingent upon positive results from a hydraulic analysis by our computer model. � 1 7 It appears that Records of Survey have been recorded to establish separate parcels of property. The City of Meridian does not recognize these parcels as legal lots, and appropriate subdivision platting will need to take place prior to initiation of any development of the property. COMPREHENSIVE PLAN ANALYSIS The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this application. The following sections most directly apply to the proposed project and are repeated here for the Council and Commission's consideration during the hearing process. Goal 3 is "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." Goal 4 of the Comprehensive Plan is "to provide housing opportunities for all economic groups within the community." Goal 8 is "to establish compatible and efficient use of land through the use of innovative and functional site design." Economic Development 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages... commercial enterprises to locate in Meridian. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and CPA -99-004 Touchmark.CPA P&Z Commission/Mayor & Council September 28, 1999 Page 4 features of each area. Land Use 1.4U Encourage new development that reinforces the City's present development pattern of higher density development within the Old Town area and lower density development in outlying areas. 1.8U Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. 2.1U Support a variety of residential categories (urban, rural, single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. 2.2U Support strategies for the development of neighborhood parks within all residential areas. 2.3U Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 4.8U Encourage commercial uses, offices and medical -case uses to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. 6.8U New urban density subdivisions which abut or are proximal to existing rural residential land uses shall provide screening and transitional densities with larger, more comparable lot sizes to buffer the interface between the urban level densities and rural residential densities. Transportation 1.4U Monitor and coordinate the compatibility of the land use and transportation system. 1.20U Encourage proper design of residential neighborhoods to ensure their safety and tranquility. Open Space Parks and Recreation 2.SU New subdivision development...will be considered as opportunities to ... encourage the development of recreational open spaces and parks as part of new planned developments. Housin 1.1 The City of Meridian intends to provide for a wide diversity of housing types ... in a variety of locations suitable for residential development. 1.4 The development of housing for all income groups close to employment and shopping centers CPA -99-004 Touchmark.CPA P&Z Commission/Mayor & Council September 28, 1999 Page 5 shall be encouraged. 1.6 Housing proposals shall be phased with transportation, open space and public service and facility plans, which will maximize benefits to the residents, minimize conflicts and provide a tie-in between new residential areas and service needs. 1.19 High-density development, where possible, should be located near open space corridors or other permanent major open space and park facilities, and near major access thoroughfares. Community Design 5.2 Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 6.5U Establish land -use designations that reflect the character of existing neighborhoods. 6.11U Promote well-planned and well -designated affordable housing in all Meridian neighborhoods. IDAHO STATE CODE Idaho State Code Title 67, Chapter 65, states that the commission may recommend amendments to the land use map component of the comprehensive plan to the governing board not more frequently than once every six (6) months. RECOMMENDATION: Staff recommends approval of the Comprehensive Plan Amendment as a Mixed/Planned Use Development. Due to the Mixed/Plwmed Use designation, all development applications will require a Conditional Use Permit and design review by the Planning & Zoning Commission and City Council. Approval of a change in the land use designation in no way indicates approval of any concept plans presented, nor serviceability of the site. CPA -99-004 Toud marLCPA Mayor HUB OF TREASURE VALLEY 10 ROBERT D. CORRIE A Good Place to Live City CITY OF MERIDIAN Council Members CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD City Clerk Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: SEPTEMBER 23, 1999 TRANSMITTAL DATE: AUGUST 2, 1999 HEARING DATE: SEPTEMBER 30, 1999 (SPECIAL MEETING) FILE NUMBER: CPA -99-004 REQUEST: COMPREHENSIVE PLAN AMENDMENT FOR TOUCHMARK LIVING CENTERS, INC. BY: JOSEPH A. BILLIG: WATERFORD DEVELOPMENT & CONST. CO. LOCATION OF PROPERTY OR PROJECT: E. OF ST. LUKE'S BETWEEN 1-84 & FRANKLIN ROADS TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 288-2499 • Fax 288-2501 City Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING City Clerk Fax (208) 888-4218 DEPARTMENT KEITH BIRD (208) 884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: SEPTEMBER 23, 1999 TRANSMITTAL DATE: AUGUST 2, 1999 HEARING DATE: SEPTEMBER 30, 1999 (SPECIAL MEETING) FILE NUMBER: CPA -99-004 REQUEST: COMPREHENSIVE PLAN AMENDMENT FOR TOUCHMARK LIVING CENTERS INC. BY: JOSEPH A. BILLIG: WATERFORD DEVELOPMENT & CONST. CO. LOCATION OF PROPERTY OR PROJECT: E. OF ST. LUKE'S BETWEEN 1-84 & FRANKLIN ROADS TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: 16 4�9 0,0 �-S w i U--- lV k .e P C HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRI A Good Place to Live (208) 288-2499 • Fax 288-2501 City council Members ATY OF MERIDIA PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642(208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-48131-! ~ V� ANNING AND ZONING City Clerk Fax (208) 888-4218 DEPARTMENT KEITH BIRD A IJG ^ (208) 884-5533 • Faz 887-1297 r_;its Ian TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: SEPTEMBER 23, 1999 TRANSMITTAL DATE: AUGUST 2, 1999 HEARING DATE: SEPTEMBER 30, 1999 (SPECIAL MEETING) FILE NUMBER: CPA -99-004 REQUEST: COMPREHENSIVE PLAN AMENDMENT FOR TOUCHMARK LIVING CENTERS, INC. BY: JOSEPH A. BILLIG: WATERFORD DEVELOPMENT & CONST. CO. LOCATION OF PROPERTY OR PROJECT: E. OF ST. LUKE'S BETWEEN 1-84 & FRANKLIN ROADS TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: allo", r'("Itss . Ada County Hig_wa District Sherry R. Huber, President 318 East 37th Street Judy Peavey -Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6280 Dave Bivens, Commissioner Fax (208) 387-6289 Susan S. Eastlake, Commissioner e-mail: tellus@achd.ada.id.us August 16, 1999 Will Berg City Clerk 33 East Idaho Meridian, ID 83642 Re: MCPA99-004 s/o Franklin Road, e/o Eagle Road Dear Will: y �F(1 -, VE_ AUG 19 1999 CITY OF MERIDIAN The District is in receipt of the application to amend the Comprehensive Plan of the City to allow a major land development on the property e/o St. Luke's complex, bordering Franklin Road. As you are aware, there exists a significant problem in this area relating to traffic circulation and access to the public street system. On behalf of the Ada County Highway District, I request that the City defer action on this application until the City has received a formal action by the ACHD Commissioners. Because of the potential of great volumes of traffic that may be generated by development of this property, and the need to coordinate all the traffic considerations of the vicinity, the District needs additional time to review a Traffic Impact Study and consider the overall impacts of traffic from this property together with the needs of the property and transportation system in the area. The District has not yet received a Traffic Impact Study for review. When that study has been received, it will be reviewed and the results of the analysis will be transmitted to the District Commission for action as soon as possible. I request that the City defer action for one-month in order for the District to conduct a thorough review of this application. Thank you in advance for your cooperation. By copy of this letter, I am notifying the residents of the area, St. Luke's and the applicant of this request. and Development Supervisor cc: Chron Traffic Services Director John McCreedy, Esq. Becky Bowcutt, Briggs Engineers, Inc. 1800 W. Overland Road Boise, ID 83705-3142 E. L. Bews, 5206 Sorrento Circle/ Boise, ID 83704 I:\CU\MCPA99-004DEF. LT1. WPD Project file Commissioners Legal staff Jeff Hull, St. Luke's Touchmark Living Centers, Inc, 5150SWGriffith Drivel Beaverton, OR 97005 Shari Stiles, Meridian Planning Department 200 E. Carlton, Ste 201 Meridian, ID 83642 CENTRAL CENTRAL DISTRICT HEALTH DEPA rxA T_�,T , �� DISTRICT Environmental Health Division Return to: old' H SALT H AUG — 7 1999 E] Boise DEPARTMENT E] Eagle CITY OF;RIDIAN El Garden City Rezone # n X Meridian Conditional Use # l " p� g — ©D y ❑ Kuna Preliminary / Final / Short Plat - ❑ ACz 1, We have No Objections to this Proposal. /`❑� 2• We recommend Denial of this Proposal. E] 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. 4, We will require more data concerning soil conditions on this Proposal before we can comment. 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. $. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system E] community water ❑ sewage dry lines ❑ central water 10. Run-off is not to create a mosquito breeding problem. 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. F 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑swimming pools or spas child care center ❑ beverage establishment Elgrocery store Date: 14. Reviewed By:�� Review Sheet (DOD 10/91 nb, my. 7/97 August 13, 1999 Will Berg, City Clerk City of Meridian 33 Fast Idaho Meridian, ID 83642 AUG 2 3 1999 CITY OF NIERIDLk 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Re: CpA-99-004 Storage Units for Mallard Development Company Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District's Barker Lateral courses along the south and west boundary of the project. The right-of-way of the Barker Lateral is 50 feet, 25 feet from center each way. The District's Chaffin Drain also courses throGgh the middle of the project. The right- of-way of the Chaffin Drain is 60 feet, 30 feet from the center each way. See Idaho Code 42- 1208—RIGHTS OoWBi l Hensonat 4666-T00663 of approval beforRSE e N. The developer must contact John P. Anderson any encroachment or change of right-of-way occurs. The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be prat. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 466-7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File – Shop File – Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 0 • 17 August 1999 Briggs Engineering, Inc. 1800 W. Overland Road Boise, ID 83705 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 oI"�I SHOP: Nampa 466-0663 RE: Land Use Change Application — Touchmark Living Centers. Inc. eoA-99-00�- Dear Briggs Engineering: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above -referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order shay as check,payment of etfees in must clearder to speed the the bank before process up. If you submit processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer cc: File Water Superintendent Eagle Exchange Corp. E. L. Bews City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ** TX CONF I RAN REPORT ** AS OF SEP 299 11:23 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDtt STATUS 06 09/29 11:21 12063452950 EC --S 02'18" 005 224 OK ---------------------------------------------------------------------------------------' HUB OF TREASURE VALLEY Miyor D, ROBERT D. CORRIE A Goocl Place to Live City Council Members CITY OF MERIDIAN CHARLES ROUMRCr 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDA140 83642 I RON ANUFRSON (208) 888-4433 • Fox (208) 887.4813 KErm BIRD City Clerk Fox(208) 888-4218 MEMORANDUM: September 28, 1999 To: Planning & Zoning Commission, Mayor and City Council -L= i V7.1 '7) From: Steve Siddoway, Assistant Planner S Bruce Freckleton, Assistant to City Engineer Re: Request for Comprehensive Plan Amendment to Change Land Use from Single-family Residential Designation to N&ed/Planned Use Development by Touchnwk Living Centers, Inc. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY: PROPOSAL This application is proposing to amend the Comprehensive Plan Generalized Land Use Map for 142.6 acres to a Mixed/Planned Use Development designation. (Note: a portion of this property is already designated as Mixed/Planned Use Development. The remainder is currently designated Single- family Residential. See description of Current Comprehensive Plan Designation under Comments.) LOCATIC' N The property is generally located along the south side of Franklin Rd. between Eagle Road and Cloverdale Road. SURROUNDING PROPERTIES St. Luke's Meridian Medical Center and Montvue Subdivision border this property to the west. Edgeview Estates Subdivision (County Subdivision) borders the property to the east. The parcels to the north include some scattered residential homes and undeveloped pasture north of Franklin. I- 84 borders the property on the south. CURRENT ZONING The property is currently. zoned R3 and RT, Rural Transitional, in Ada County. CPA -99-004 Touchmuk.CPA Sent By: JIM JONES; 3859599; Sep -30-99 5:16PM; Page 2 P f z �. r�lt q -3o -q 9 Jim Jones Boise: (208) 385-9200 • JIM JONES & ASSOCIATES Attorneys at Law 1275 Shoreline Lane Boise, Idaho 83702-6870 September 30, 1999 Via Fax To: 887-1297 City of Meridian Planning & Zoning Commission 200 E. Carlton, Suite 201 Meridian, ID 83642 Re: Touchmark Development Application Dear Chairman and Commission Members: John McCreedy Fan: (208) 385-9599 I am writing on behalf of the Montvue Subdivision Residents regarding the above - entitled development application. On August 16, 1999, Larry Sale of the Ada County Highway District requested that the City of Meridian defer action on the development application until the ACHD had received and examined a Traffic Impact Study that examined the overall impacts of traffic from this property together with the needs of the property and transportation system in the area. A copy of Mr. Sale's letter is attached as Exhibit A. On September 3, 1999, the Montvue Subdivision Residents submitted a written request to ACHD, attached as Exhibit B, asking for advance notice of any meeting or hearing by the ACHD Commission regarding the Touchmark application. I telephoned ACHD twice today, but was unable to speak with anyone regarding this application. It is my suspicion that ACHD has not completed the Traffic Impact Study, and that the ACHD Commission has not yet considered the development application. On behalf of the Montvue Subdivision Residents, we are requesting that the Touchmark development application be deferred until ACHD has completed the Traffic Impact Study and all affected parties have had a reasonable opportunity to review that SEP 30 '99 1?:08 3859599 PAGE.02 Sent By: JIM JONES; 3859599; Sep -30-99 5:16PM; Page 3 • study. As you may recall from the recent hearings regarding St. Luke's Phase III development application, issues regarding the public transportation system in the area will have a direct impact on the Montvue Subdivision Residents. Careful coordination of those issues with ACRD and the neighboring residents is important. We therefore respectfully request that you defer consideration of this application until the Traffic Impact Study has been completed. Thank you for your consideration. Sincerely, h ,- x ohn McCreedy JCMItg SEP 30 '99 17:08 3859599 PAGE.03 She" R. Huber, President 318 East 37th Street i!,,,, -Judy PeavWDsrr, Vice President Garden City, Idaho 83714-6499 ,Marlys Meyer Routson. Secretary Phone (208) 38T.6280 w Dave Givens, Commissioner . Fax (208) 387.6288 ''f"Susan S. Eaisi ake, Commissioner a maik baltus�achd.adaJd.us Auaust 16 1499 ,A1 Berg ,City Cleric 33 East Idaho •Meridian, ID 83642 ' Re: MCPA99-004 . sto Franklin Road, efo Eagle Road Dearwl: ., ` .• The District is In receipt of the appirc adon bo amend the Comprehensive Plan of the City tD altoar a moor land development on the property elo St Luke's complex, bonienng Franklin Road. As you etre aware,, then exists a significant problem in this area relating to traffic circulation and mess to the public street system. ' On hnhaff of the Ada County Highway DLgh 4 I request that the City defer aclon on this application until the City has received } a formai action by the ACRD Commissioners. Because of ti1e'poter>tial of great volumes of balk than may be generated by development of this property, and, the need to coordinate all the traffic considerations of ft'vicinity, the District needs additional time to review a Traffic Impact Study and consider the overate impacts of traffic from tris property together with the needs of the property and transportation system in the area 4 The District has not yet received a 7raftic Impact Study for review. When that study has boon received; it will be reviewed and the results of the analysis will be transmitted ib the Dstrict Commission for action as soon as pos*le. 1 request that the City defer action for one-month in order for the District to conduct a thorough review of this application. Thank you in advance for your cooperation: By copy of this letter, I am notifyfrg the residents of the area, St Luke's and the applicant of this request . " PlannV4 and Development Supervisor cr. Chron TrafYfc Services Directr John McCreedy; FFsq. . ' 'Becky BovucuK, Briggs Engineers, Inc.*. 1800 W. Overland Road Boise, 10 8370-3142 - E. L. Bews, 5206 Sorrento Circle! Boise,,ID 83704 - I-ACL%4CPAQ9.0 MEF.M.WPO SEP 30 '99 17 08 . Project tie . • Commissioners • LegWsW Jeff Hull, St. Luke's 'Touchmark Living Centers, Inc, 5150SWGriffith Drivel Beaverton, OR 97005 Shad Stiles, Meridian Planning Departrnent 200 E. Carlton, Ste 101 " Meridian, i0 83642 Gk i 3859599 PAGE.04 Sent By: JIM JONES; 3859599; Sep -30-99 5:15PM; JIM JONES & ASSOCIATES Attorneys at Law 1275 Shoreline Lane Boise, Idaho 83702-6870 Jim Jones Boise: (208) 385-9200 September 3, 1999 Via Fax To: 387-6391 Larry Sale, Supervisor of Planning and Development Ada County Highway District 318 East 37th Street Boise, ID 837146499 John McCreedy Fax: (208) 385-9599 Re: Touchmark Living Centers' Development Application Dear Larry: Page 5/7 I am writing on behalf of the Montvue Subdivision Residents. Your letter dated August 16, 1999 to Will Berg, Meridian City Clerk, requests that the City of Meridian defer action on the Touchmark Living Centers' application to allow the District to conduct a thorough review of the application We understand from the letter that the District intends to coordinate all of the traffic considerations in the vicinity of the application, and to consider the overall impacts of the traffic from this property together with the needs of the property and transportation system in the area. The Residents are specifically requesting that the Traffic Impact Study referenced in your letter include the traffic impacts associated with the adjacent St. Luke's property, including St. Luke's Phase M. The Residents request the Traffic Impact Study examine in detail whether an east -west public road through St. Luke's parcel will more effectively accommodate existing and projected traffic in the area. On behalf of the Residents, I am also requesting that ACRID provide Tresha Griffiths or myself with at least fourteen (14) days advance notice of any meeting or hearing by the ACHD Commission regarding the Touchmark Living Centers' application. SEP 30 '99 17:09 3859599 PAGE.05 Sent By: JIM JONES; 3859599; Sep -30-99 5:17PM; Page 6/7 Page - 2 Thank you for your consideration. Sincerely, John McCreedy JCM/tg • cc City of Meridian, Planning and Zoning Commission, Atte: Shari Stiles Larry Strough, ITD Jeff Hull, St. Luke's Pat Dobie Clients SEP 30 '99 17=09 3859599 PAGE.06 Sent By: JIM JONES; 3859599; Sep -30-99 5:17PM; • • Page 7/7 HP LaserJet 3100 SEND CONFIRMATION REPORT for Printer/Fax/Copier/Scanner JIM JONES 3859599 Sep -3-99 6:17PM Job Start Time Usage Phone Number or ID Type Pages Mode Status 214 9/ 3 5:16PM 0'37° ACHD Send .............. 2/ 2 EC144 Completed ........................................ 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TM RaddueB rmgawt drr T1e1Ho 1*Pm �' aeeeabe k dmedl wbAw w ewen.aot aebdm road daomrr 9t. LAWS pamd WW mso e000mtmOrmm mkft and pglmamd twffie In be awn. Om b*& of & RaWmk I ram dee rapmlteg Aw ACHD trovids Ttwba ode& or etyealf wA ae lows fharmam (14) dor . Ial swim of my +merMR or hsKbgbydwACNDc=wdseiom*olp 11 dotormbmAkLiving COMWapplfradam, 3859599 PAGE.07 Sent By: JIM JONES; 3859599; Sep -30-99 5:15PM; Page 1 Jim Jones Boise: (208) 385-9200 To: ANGEL Comment: 0 JIM JONES & ASSOCIATES Attorneys at Law 1275 Shoreline Lane Boise, ID 83702-6870 John McCreedy Fax: (208) 385-9599 Fax Transmittal Cover FROM: JOHN MCCREEDY Tota] Number of Pages (Including This Page): Date: SEPTEMBER 30, 1999 Original Document: will be sent by first-class mail will not be sent Please Advise of Any Deficiency in this Transmission NOTICE: This message is intended only for the use of the addressee and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this notice is not the addressee or the employee or agent responsible for delivering the message to the addressee, you are hereby notifced that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return these papers to us at the address shown above via &rst class mail. r SEP 30 '99 17:08 3859599 PAGE.01