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HomeMy WebLinkAboutTouchmark Living Centers AZ 99-021TRANSMITTAL 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: February 16, 2000 TRANSMITTAL DATE: February 11, 2000 HEARING DATE: February 22, 2000 *'* SPECIAL MEETING *** FILE NUMBER: CUP -99-039 and AZ -99-021 REQUEST: CONDITIONAL USE PERMIT and ANNEXATION/ZONING REQUEST FOR A CONTINUING CARE RETIREMENT COMMUNITY, SINGLE AND MULTI -FAMILY RESIDENTIAL AND OFFICE AND RETAIL USE BY: TOUCHMARK LIVING CENTERS -JOSEPH A. BILLIG LOCATION OF PROPERTY OR PROJECT: EAST OF ST. LUKE'S BETWEEN FRANKLIN ROAD AND 1-84 SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C _TAMMY de WEERD, C/C _WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE _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 Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208) 388-2499 •Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird lYIERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 - Fax 888-6854 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: February 16, 2000 TRANSMITTAL DATE: February 11, 2000 HEARING DATE: February 22, 2000 *'* SPECIAL MEETING *** FILE NUMBER: CUP -99-039 and AZ -99-021 REQUEST: CONDITIONAL USE PERMIT and ANNEXATION/ZONING REQUEST FOR A CONTINUING CARE RETIREMENT COMMUNITY, SINGLE AND MULTI -FAMILY RESIDENTIAL AND OFFICE AND RETAIL USE BY: TOUCHMARK LIVING CENTERS -JOSEPH A. BILLIG LOCATION OF PROPERTY OR PROJECT: EAST OF ST. LUKE'S BETWEEN FRANKLIN ROAD AND 1-84 SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C _TAMMY de WEERD, C/C _WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE _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: i Ada Cottn1t't,__Ria4wa" 2)ijtrid Juuy reavey-verr, rresiuent 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us January 13, 2000 TO: Touchmark Living Centers, Inc. JAN 2 1 2000 2929 S. Waterford Drive Spokane, WA 99203 CITY OF MERIDIAN FROM A Steve Arnold, Principal Development Analyst Planning & Development SUBJECT: MCUP99-039 Touchmark Living Centers Franklin Road, '/4 -mile e/o Eagle Road �r The Commissioners of the Ada County Highway District on January 5, 2000 acted on your application for the above referenced project. The attached staff report lists conditions of approval and street improvements, which are required. If you have and questions, please feel free to contact me at (208) 387-6170. Cc: Planning & Development/chron/project file City of Meridian Construction Services — John Edney Drainage — Chuck Rinaldi Briggs Engineering ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report MCUP99-39 Franklin Road, 1/4 mile e/o Eagle Rd Conditional Use Permit The applicant is requesting conditional use approval for 300 -units of senior independent and assisted living, 450 -units of single family, duplex town homes, and multi -family, a medical office park, a retail and commercial center, and a community senior health and fitness center. The applicant is also requesting annexation and rezone approval from RT, C-2, and R-3 to LO. The 150 -acre site is located on the south side of Franklin Road, approximately 1/4 mile east of Eagle Road. This development is estimated to generate 9,024 additional vehicle trips per day based on the submitted traffic study. This site was the subject of a combined application for annexation, zoning and comprehensive plan amendment that was approved by the City of Meridian on November 3, 1999. The city has the annexation, conditional use, and rezone hearing on January 11, 2000. Roads impacted by this development: Franklin Road and Eagle Road ACHD Commission Date - January 5, 2000 - 7:00 p.m. SITE 10- r i T 1 _ 1 1 v 100 1600 Feet = 800 0 i -- 1 T -E 1M1 i 1 1 N ' 1 M1 1 1 I 1 1 1 1 RT RT 1 I -L Ir ' FL RT GG BRIGGS ENGINEERING, INC. gINKRINp BRIGGS INC. (208) 344-9700 1800 W. OVERLAND ROAD BOISE, IDAHO 83705 GG H R14 1 Rt I WATERFORD DEVELOPMENT REVISION PORTION OF THE NE 1/4 OF SECTION 16, T.3N., RAE., B.M., MERIDIAN, ADA COUNTY, IDAHO SHEET 1 OF 1 DATE DWG. NO. \WATERFRD.APR DESIGN DRAFT SCALE BKB 1" = 800 09/019 990810 2,746 -feet of frontage 80 -feet existing right-of-way (40 -feet from centerline) 96 -feet required right-of-way (48 -feet from centerline) Franklin Road is anticipated to have over 40,000 ADT in the 2020 forecast. Franklin Road is improved with two traffic lanes with no curb, gutter or sidewalk abutting the site. The segment of Franklin Road between Eagle Road and Cloverdale Road is not currently listed for reconstruction in the current Five Year Work Program. B. History of Recent Development Approvals in the Surrounding Area: On April 10, 1996, the Commission approved Porkey Park Subdivision, a 19 -lot industrial/commercial subdivision on 64 -acres located at the northeast corner of Franklin Road and Eagle Road. That development was estimated to generate 8,000 additional vehicle trips per day. As a condition of approval the applicant was required to construct a public street approximately one-third of a mile east of Eagle Road as a condition of approval. The development has not been completed and this road is not yet available for use. 2. On July 1, 1998, the Commission reviewed MSPR-10-98, a proposal to construct a 100,000 -square foot home furnishings showroom and a 50,000 -foot warehouse for furniture. The business has been completed on the northeast corner of Franklin Road and Eagle Road. That development was estimated to generate 1,700 additional vehicle trips per day. As a condition of approval the applicant was required to construct a north/south public street, Gaudians Avenue, on the north side of Franklin Road abutting their east property line. This is approximately 440 -feet from site's proposed roadway connection to Franklin Road. Gaudians Avenue connects with Lanark Street north of Franklin Road and forms a loop. 3. On September 23, 1998, the Commission reviewed MCU -17-98, a request for conditional use approval for an 848,000 -square foot retail shopping center. The 74.74 - acre site is located at the southeast corner of Eagle Road and Fairview Avenue in Meridian. That development was estimated to generate 26,950 -additional vehicle trips per day, and was required to make major modifications to three intersections (Eagle Road/Fairview Avenue, Eagle Road/Pine Avenue, Fairview Avenue/Records Drive). 4. On December 30, 1998, the Commission reviewed MCU-43-97/MA-13-97, a request for conditional use approval to constrict a 5,000 -square foot Idaho Power Credit Union with a drive-thru window, a 5,359 -square foot convenience store/McDonald's fast food restaurant with a drive-thru window, and an 854 -square foot carwash facility. The 4.13- acre site is located on the northwest corner of Magic View Drive and Eagle Road approximately 720 -feet north of I-84. This development is estimated to generate 7,500 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. As part of this action, the Commission determined that MCUP9939.FRVI Page 3 development of the area west of Eagle Road would constitute an extraordinary impact and imposed an overlay impact fee on all developments in the Magic View Subdivision. 5. On January 27, 1999, the Commission approved Midvalley Business Park (a 5 -lot commercial subdivision) along with a request for a conditional use to construct a 24,560 -square foot office building. The 5.4 -acre site is located at the southwest corner of Magic View Drive and Allen Street, approximately 500 -feet west of Eagle Road. That development was estimated to generate 918 additional vehicle trips per day. This application was approved subject to the overlay impact fee imposed by the Commission on December 30, 1998 as part of the action on MCU-43-97/MA-13-97. 6. On January 27, 1999, the Commission reviewed MCU-14-98/MA-3-98, a conditional use requesting approval for to construct a 60 -unit motel. The 1.66 -acre site is located at the northwest corner of Eagle Road and I-84, also on the south side on Gentry Way and the east side of Allen Street. That development was estimated to generate 282 additional vehicle trips per day. This application was approved subject to the overlay impact fee imposed by the Commission on December 30, 1998 as part of the action on MCU-43-97/MA-13-97. 7. On May 12, 1999, the Commission reviewed a request to construct a light industrial/manufacturing facility and two soccer fields on 56.32 acres. The site is located north of Interstate 84 and west of Locust Grove Road. That development is estimated to generate 2,400 additional vehicle trips per day. The site is currently being constructed. On July 28, 1999, the Commission reviewed MCUP99-24/MAZ99-14, a request for conditional use approval to construct a 60,000 -square foot medical office building. The applicant is also requesting annexation from Ada County to the City of Meridian and a rezone from RT to CG. The 4.34 -acre site is located on the west side of Allen Street west of Eagle Road, and approximately 700 -feet south of Magic View Drive. This development is estimated to generate approximately 1,200 additional vehicle trips per day. This application was approved subject to the overlay impact fee imposed by the Commission on December 30, 1998 as part of the action on MCU-43-97/MA-13-97. 9. On July 28, 1999, the Commission reviewed MAZ-99-008/MCUP99-0026, a request for conditional use approval for a 32,000 -square foot office building. The 3.77 -acre site is located at the northwest corner of Eagle Road and I-84, north of Gentry Way and east of Allen Street. This development is estimated to generate approximately 1,120 additional vehicle trips per day. This application was approved subject to the overlay impact fee imposed by the Commission on December 30, 1998 as part of the action on MCU-43- 97/MA-13-97. 10. On August 11, 1999, the Commission reviewed MCUP99-23, a request for conditional use approval for phase three of the St. Luke's Medical center. That 37.5 -acre site is NICUP9939YRNI Page 4 located at the northeast corner of I-84 and Eagle Road, adjacent to the subject site's western boundary. The total square footage of phases one thru three is 450,600 -square feet which was estimated to generate a total of 5,200 vehicle trips per day. A further indicator of the rapidity of growth in this area is that St. Luke's did not anticipate the construction of this phase for several moreyears, according to their staff. 11. On November 17, 1999, the Commission approved Woodbridge Subdivision, which is a 283 -lot residential subdivision on 80.83 -acres, located east of Locust Grove Road approximately 1/4 mile south of Franklin Road. The development is estimated to generate 2,871 additional vehicle trips per day. 12. On December 15, 1999, the Commission reviewed MAZ99-22/MCUP99-40, a request for conditional use approval and rezone from RT to LO. That site is located on the north side of Magic View Drive, approximately 300 -feet west of Eagle Road. The development is estimated to generate 2,150 additional vehicle trips per day. These 11 developments will add about 60,150 additional trips to the transportation system in this area over the next several years as they build out. Fortunately, not all of the trips will be directed to Franklin Road. Staff has estimated that about 18,000 trips per day from these approved developments will directly affect Franklin Road or Eagle Road in proximity to this property. These roads are currently at or near capacity. The fiscal impacts of those developments are of such a magnitude that the District cannot accommodate the traffic from these developments without modifying the current Five Year Work Program to accelerate the re -construction of Franklin Road and possibly Locust Grove Road. This acceleration will result in the deferral of other needed improvements in the Meridian area in order to avoid excessive and unscheduled public expenditures. C. Site Traffic Impact Study: The applicant has submitted a thorough traffic analysis for this project, which District staff has reviewed and accepted. The key findings of the analysis include: 1. Under the proposed site plan, the proposed project is expected to generate 9,024 daily vehicle trips at full build -out. 2. The proposed site plan includes two street connections to Franklin Road, located at one- third mile intervals in accordance with accepted signal locations on the arterial. These intersections will align with previously established intersection locations. 3. The western connection to Franklin Road requires a traffic signal under project buildout conditions. With the design recommendations provided in the traffic analysis, the street intersection will operate at an acceptable level of service (LOS D) through 2010. MCUP9939.FRM Pale 5 Facts and Findings: A. General Information Owner Applicant RT, C-2, R-3 RT 75 -acres R-3 72 -acres C-2 3 -acres LO 150 250 to 300 450 20.5 10.5 4 0 283 - Touchmark Living Centers, Inc. - Same - Existing zoning - Requested zoning - Acres - Units of independent and assisted living - Units of single family, duplex, town homes, and multi -family - Acres of medical office park - Acres of medical retail office - Acres of commercial property - Total lineal feet of proposed public streets - Traffic Analysis Zone JAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Eagle Road Principal arterial Traffic count 43,437 on 8-25-99 F -Existing Level of Service F -Build -out Level of Service 0 -feet of frontage Eagle Road is improved with five traffic lanes with no curb, gutter, or sidewalk south of Franklin Road. The Eagle Corridor Study recommends that a grade separated urban interchange be constructed to replace the Franklin Road/Eagle Road intersection. The timing of the need for that construction is not clear, but is probably longer into the future than 20 -years. The segment of Eagle Road south of Franklin Road has been experiencing a 20% traffic growth during the past few years. The traffic growth has occurred both from land development and the major t►pgrading of the corridor from 2 to 5 -lanes from Fairview Avenue to State Highway 44, attracting trips from other congested routes. Franklin Road Principal arterial Traffic count 14,761 on 10-6-99 E -Existing Level of Service F- Existing plus build -out Level of Service (with the existing lane configuration) MCUP9939.FRiM Pa_e 2 4. The eastern connection to Franklin Road also requires a traffic signal under project buildout conditions. With the design recommendations provided in the traffic analysis, the intersection will operate at an acceptable LOS C through 2010. 5. The submitted traffic analysis does not indicate that any of the internal roadways will be public streets but the submitted site plan shows some of them as public streets. The developer has indicated to District staff that they are considering constructing a public street from Franklin Road to the south that would connect into the Montvue Subdivision's east property line. The site plan is still undergoing revisions by the developer. The City of Meridian is requiring all private streets to be constructed to ACHD standards. Staff supports the construction of public streets within the proposed project for at least the primary streets. 6. The submitted site plan shows a private street connection between the subject property and St. Luke's property. This connection greatly reduces the impact on the Eagle Road/Franklin Road intersection from development of this property. Staff supports this connection. 7. A major irrigation canal and an existing residential subdivision to the east prohibit street extensions or connections in that direction and I-84 abuts the property on the south. 8. The Franklin Road/Cloverdale Road intersection operates at an acceptable LOS C under current conditions. 9. The Franklin Road/Cloverdale Road intersection will operate at an unacceptable LOS F under Year 2010 conditions with or without the construction of the proposed development. Additional turn and through lanes are needed to bring this intersection up to LOS E. The Franklin Road/Cloverdale Road intersection is not listed for reconstruction in the current Five Year Work Program. 10. The Franklin Road/Eagle Road intersection operates at the very worst of LOS E under current conditions, which is marginally acceptable. 11. The Franklin Road/Eagle Road intersection will operate at an unacceptable LOS F under Year 2010 conditions. Additional turn and through lanes are needed to bring this intersection up to LOS E. The Eagle Road/Franklin Road intersection is not listed for reconstruction in the current Five Year Work Program. 12. Trip generation rates for retirement communities are well below that of conventional single family homes. Retirement communities (ITE Code 250 with a sample size of 6) exhibit trip rates of 0.27 vehicle trips and 2.83 vehicle trips for peak hour and daily conditions respectively. For comparison, single family residences (ITE Code 210 with a sample size of 294 observations) exhibit trip rates of 1.01 vehicle trips and 9.57 vehicle trips for peak hour and daily conditions respectively. Residents of retirement communities generate far fewer vehicle trips than standard single family residential communities. D. Eagle and Meridian Roads Corridor Studv. The City of Meridian is experiencing rapid growth in this area that is significantly impacting the transportation system. The growth is evidenced by the volumes of traffic observed on Eagle Road and Franklin Road, recently counted on Eagle Road at 43,437 vehicle trips per day. Due to the traffic counts on Eagle Road, the Ada County Highway District contracted with Six Mile MCUP9939.FRM Page 6 Engineering to study the Franklin Road traffic corridor and the Eagle Road/Franklin Road intersection. The findings of that report that are relevant to this application are summarized below: 1. The Franklin Road/Eagle Road intersection currently operates at near or over -capacity. Vehicle queues more than 1,000 -feet in length have been observed on the four intersection approaches. 2. When the daily volume on Franklin Road abutting this property reaches 24,000 ADT, the roadway should be expanded to five lanes to provide capacity at the intersections with Eagle Road and Cloverdale Road. 3. A public collector road through this property and St. Luke's property connecting Franklin Road to Eagle Road will not provide a significant benefit to the traffic operations at the Franklin Road/Eagle Road intersection. However, the Eagle and Franklin Roads Corridor Study stated that the collector road would provide a significant benefit for St. Luke's by providing additional capacity for their leg of the signalized intersection on Eagle Road. This presumes a vehicular connection between the two properties for inter -property travel and access from this property to the signal at St. Luke's driveway and Eagle Road and access from the St. Luke's property to Franklin Road. 4. Turn bays and traffic signals for the two street intersections on Franklin Road between Eagle Road and Cloverdale Road should be constructed by developments as those developments add the street connections to Franklin Road. 5. Except for the two signalized street intersections with Franklin Road, other connections should be prohibited. Stringent access control should be implemented along Franklin Road in order to maintain adequate level of service. All public or private street intersections should be located at the one-third mile intervals with the parcels not served by public streets, in between the signalized intersections, providing cross access easements to those signalized intersections. All connections to Franklin Road should be provided with turn bays. E. Eagle Road Earlier this year, the District counted 43,437 vehicle trips per day on Eagle Road, and traffic on Eagle Road is anticipated to continue to increase. This development and the potential for redevelopment in the area will exacerbate the existing traffic problems on Eagle Road. The new traffic from this development and other approved developments in the vicinity will add 19,074 vehicle trips per day, bringing the total to approximately 62,511 vehicle trips per day, which will exceed the planning threshold Level of Service (LOS) F volume of a typical five -lane roadway. According to the July 31, 1997 "Ada County Roadway Capacity Guidelines for Planning Applications," 42,000 ADT is the upper range of LOS F for a typical five -lane roadway (Urban/Suburban Arterial - Non -Business District). This section of Eagle Road between I-84 and Fairview Avenue is not a typical five -lane roadway. It has a degree of access control and a low - to -moderate volume of turning conflicts between signalized intersections so the tipper range may be greater than 42,000 ADT. MCUP9939YRNI Page 7 n The Eayle and Franklin Roads Corridor Study conducted by Six Mile Engineering, PA for the District reached the following conclusions relevant to Eagle Road (S.H. 55). The westbound ramp free right -turn movement to northbound Eagle Road is currently at or more than at the capacity of the facility. The traffic has been observed to back on I-84 due to the traffic congestions on Eagle Road. To increase capacity on this ramp, an additional lane on the ramp is needed as soon as possible to handle the volumes making this movement. 2. To maximize lane usage, the existing and additional northbound receiving lanes (from the westbound ramp) should be extended to the Franklin Road intersection. At the intersection, the additional lane would become a trap right -turn lane, and three lanes should be extended through the intersection northbound. The three lanes should be extended to at least the future Pine Street intersection (one -half -mile) to maximize lane usage. When the volume on Eagle Road reaches 50,000 ADT, three northbound and southbound lanes are required on Eagle Road from I-84 to at least Pine Street. (The third lane is already in existence along the frontage of the Family Shopping Center). F. Eagle Road/Franklin Road Intersection The Eagle Road and Franklin Road Corridor Study made the following comments and recommendations: The Eagle Road/Franklin Road intersection is currently over -capacity. Vehicle queues more than 1,000 -feet in length were observed on the four intersection approaches. Northbound Eagle Road queues were observed extending south on Eagle Road to the I-84 interchange, restricting traffic operations at the St. Luke's driveway and I-84 westbound ramps intersections. 2. Right -turn lanes on all four of the Eagle Road/Franklin Road intersection approaches should be constructed as soon as possible. This is an interim measure to provide additional capacity at the intersection until more comprehensive (and costly) improvements can be made. (Note: The District and ITD are currently completing design of a free -running -right -turn lane for the southwest corner of the intersection. This improvement can be made this coming constriction season. The District acquired sufficient right-of-way from the R C Willey store development at the northeast corner of the intersection to accommodate a similar right -turn lane, and adequate right-of-way exists on Franklin Road for the constriction of a right -turn lane from Eagle Road to Franklin Road). MCUP9939.FRNI Page 8 3. When the volume on Eagle Road reaches 50,000 ADT, three northbound and southbound lanes are required on Eagle Road from I-84 to at least Pine Street. (The third lane is already in existence along the frontage of the Family Shopping Center). 4. If the volumes on Eagle Road increase significantly beyond 50,000 ADT, an urban interchange will be required at the Eagle Road and Franklin Road intersection. 5. The cost to upgrade the Franklin Road/Eagle Road intersection to its ultimate at -grade configuration was estimated at 52.8 million. G. Franklin Road 1. The Eagle and Franklin Roads Corridor Study concluded that Franklin Road could accommodate up to 24,000 ADT in the current basic configuration, provided that the District minimizes new connections to the roadway and that turn bays be required for those new connections to the road that are absolutely necessary. At no later than the time that the volume exceeds 24,000 ADT, Franklin Road should be rebuilt to a five -lane street section. The District's current Five Year Work Program does not list this segment of Franklin Road for reconstruction. 2. The Ada County Roadway Capacity Guidelines for Planning Applications states that a two-lane arterial can accommodate 14,000 ADT at acceptable levels of service (LOS E). A three -lane arterial can accommodate 18,500 ADT. Franklin Road west of Cloverdale Road was counted at 14,761 ADT in 1999. That high volume may have been inflated due to construction on the I -84/I-184 WYE interchange. Normal volumes are probably slightly less, although a 1996 count showed 12,131 ADT on Franklin Road east of Eagle Road. Traffic will continue to increase in this area parallel with development and the District must eventually reconstruct the road to increase capacity and safety. Staff will address this need in this year's update of the Five Year Work Program. H. The Site Plan and Projected Traffic Impacts• 1. The site plan shows at least one private vehicular connection between the site and the St. Luke's Medical complex in a location that would provide the future occupants of this site good access to the traffic signal at St. Luke's driveway intersection with Eagle Road. Such a connection will greatly reduce the impact from this development on the Eagle Road/Franklin Road intersection. A public loop road connecting Franklin Road with Eagle Road through this site and St. Luke's campus would provide some relief for the Eagle Road/Franklin Road intersection. The findings of the Eagle and Franklin Roads Corridor Study indicate that the relief would be very short-lived and would defer needed improvements at the intersection by only a short while. If it resulted in a long-term beneficial solution for the public, staff would recommend that this site provide such a connection and its developer be reimbursed by the District for much of its cost. However, since the data indicate that the reconstruction of the Eagle Road/Franklin Road intersection MCUP9939.FRM Page 9 would not be significantly deferred, this expense would duplicate needed expenditures on the Eagle Road/Franklin Road intersection. Staff recommends that a public loop road from Franklin Road to Eagle Road not be required. 2. The current site plan does not show a connection or access provision to the adjoining Montvue Subdivision, a residential subdivision located at the southeast corner of the Eagle Road/Franklin Road intersection and abutting this property for about 1/4th mile. Montvue will no doubt redevelop for non-residential uses in the relatively near future and will need better access to Franklin Road. The current access is not convenient for the residential traffic, with frequent delays being caused by traffic trying to enter Eagle Road. The planned urban interchange at the intersection will greatly restrict the ability to provide direct access to Franklin Road and Eagle Road. It would be greatly beneficial to the fixture development of the Montvue Subdivision and the safety for the traveling public on Franklin Road if access from the proposed street system of the subject site were provided. Staff is advised by the representative of this developer that such access is being favorably considered by this developer. Staff has not seen any written indication of such a grant of access. Staff recommends that a public street connection be provided from the subject site to the east boundary of Montvue Subdivision, located a minimum of 400 -feet south of Franklin Road. As part of the previous review of Porkey Park Subdivision on the north side of Franklin Road, a traffic signal has been planned at the intersection of Franklin Road and Kentfield Way. Kentfield Way is an approved public street on the north side of Franklin Road that is approximately one-third of a mile east of Eagle Road. The roadway has not been built. The subject applicant is proposing to locate their western roadway in alignment with the approved roadway on the north side of Franklin Road, meeting District policy. The submitted traffic study states that due to the volume of traffic at this approach, a traffic signal should be constructed. If the roadway were public, the District will contribute one- half of the cost of the signal and supply the material. If the applicant's proposed. roadway is private, the developer is responsible for the entire cost and materials of constricting the traffic signal. 4. As part of the previous review of Porkey Park Subdivision on the north side of Franklin Road, a traffic signal has been planned at the intersection of Franklin Road at a public roadway two-thirds of a mile east of Eagle Road. The roadway has not been built. The subject applicant is proposing to locate their eastern roadway in alignment with that approved roadway, meeting District policy. The submitted traffic study states that a traffic signal should be constricted at this location in the later phases of development of this site. If the roadway is public, the District will contribute one-half of the cost of the signal and supply the material. If the proposed roadway is private, the developer is responsible for the entire cost and materials of constricting the traffic signal. YICUP9939SIUM Pa -e 10 State Highway 55 and Interstate Highway 1-84 are under the jurisdiction of Idaho Transportation Department (ITD). Application materials should be submitted to ITD for review and requirements of that Department and the applicant should submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. The applicant may contact District III Traffic Engineer Michael Garz at 334-8340. 6. District policy requires the applicant to construct a 5 -foot wide detached concrete sidewalk on Franklin Road abutting the parcel. The sidewalk should be located two feet within the new right-of-way of Franklin Road. Coordinate the location and elevation of the sidewalk with District staff. 7. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, carpools, bicycle and walking enhancements). An annual survey will be required of the TMA/TMO to monitor participation in alternative transportation programs and forwarded to the ACHD Commuteride Office. 8. The applicant should be required to construct center turn lanes for the proposed street intersections on Franklin Road. The turn lane(s) should be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 9. Graveled roads abutting public streets create maintenance problems due to gravel being tracked onto the roadway. Unpaved public roads are not allowed by District policy. If the new roads are to be private, the applicant should be required to pave all intersecting roadways a minimum of 24 -feet in width and at least 30 -feet beyond the edge of pavement of Franklin Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. The applicant should provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40 -feet. Street name and stop signs are required for private roads. The signs may be ordered through the District at the cost of $115. Verification of the correct approved name of the road is required. MCUP9939.FRN1 Page 1 I 10. ACHD does not make any assurances that the private roads which may be a part of this application will be accepted as public roads if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. 11. The applicant should provide the District with a copy of a recorded access easement among the parcels for use of the private roads for access to the public street prior to final plat approval. I. Fiscal Implications for the District: District staff has reviewed the traffic impacts of this and other anticipated developments in the area of the Franklin Road/Eagle Road corridor study. The potential traffic from these developments is of such magnitude that ACHD cannot accommodate the traffic from all of these developments without major revisions to the Five Year Work Program to divert funding from other projects in Meridian to the Franklin Road Corridor. There is insufficient revenue available to the District to meet all of the needs in the Meridian area at this time. J. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be marginally adequate to accommodate the additional traffic generated by this proposed development. Staff anticipates that the impacts of the aggregate of the other developments that have been approved in this corridor, and those that are anticipated in the corridor will cause the District to accelerate the improvement of Franklin Road to five lanes between Eagle Road and Cloverdale. There are currently no projects in this corridor listed in the current Five Year Work Program for reconstruction. Staff will take the findings of this analysis and those of the Eagle and Franklin Roads Corridor Study into account when recommending the next update of the Five Year Work Program, to occur during the next few months. K. Salient Meeting Testimony The applicant's representative (Becky Bowcutt) presented a drawing of the northwest portion of the site showing the location of a public street connection to the east boundary of Montvue Subdivision and testified that the applicant concurred with staff recommendations relative to the provision of this street. 2. Ms. Bowcutt also testified that the applicant accepted the responsibility to provide a frill vehicular connection between the applicant's site and St. Luke's campus. St. Luke's representative (Bill Bodner) testified that St. Luke's recognized the importance of a connection between St. Luke's and Touchmark and acknowledged that it would be convenient for St. Luke's customers and employees as well. MCUP9939.FRivI Page 12 4. John McCreedy, representing a majority of the landowners in Montvue Subdivision requested the Commission to require the dedication of St. Luke's driveway as a public street and a public connection between St. Luke's campus and Montvue Subdivision. Staff stressed the importance of the vehicular connection between St. Luke's and Touchmark and the District's intention to place substantial requirements on the applicant for reconstruction of the Franklin Road/Eagle Road intersection if the vehicular connection to St. Luke's is not provided. It is not critical that the connection be a public road. Bernie Neil, representing the applicant, acknowledged the importance of the connection. 6. The Commission, staff, Montvue residents/Mr. McCreedy, and the applicant discussed the extent and configuration of public streets within the development. The Commission expressed the need to provide basic public availability to certain uses within the development, such as pharmacies, medical offices and other retail facilities that may be constructed in the development. The Commission expressed concern that the recommended conditions provided by staff were not specific enough to assure adequate public availability to these uses, nor assurance of adequate permanent connection between St. Luke's campus and Touchmark. 7. Staff recommended that Site Specific Requirement No. 4 be amended to add a sentence requiring staff and the developer to work together to identify which streets will serve the public and should be dedicated, and to bring that agreement back to the Commission for adoption.' After more discussion of the need to identify certain streets within the development that would be open to the full use of the public, staff recommended that an additional Site Specific Requirement No. 10 be added that would read: "The developer is required to enter into a development with the District that will identify and specify the following: a. Which street will be dedicated public streets, b. The location and configuration of thepublic street to Montvue Subdivision, and The location, configuration and permanence of the vehicular connection to St. Luke's campus". C. The following requirements are provided as conditions of approval: Site Specific Requirements: Dedicate 60 -feet of right-of-way from the centerline of Franklin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will MCUP9939.FRNI Page 13 be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. Construct, or provide financial surety for the construction of a five-foot concrete sidewalk along the frontage of the parcel abutting Franklin Road prior to the District's approval of a final subdivision. Coordinate the design and location of the sidewalk with District staff. Provide an adequate vehicular connection(s) between the subject site and the St. Luke's Medical Complex. The connection does not have to be a public road. If such connection is not made, the traffic from this site will greatly impact the Eagle Road/Franklin Road intersection and the District will impose a proportionate share of the cost of that reconstruction on the developer of this site. 4. Construct the primary streets within the development as public streets and dedicate them to ACHD. Coordinate the location and extent of the public streets with District staff. Provide a public street connection between this site and the east boundary of the Montvue Subdivision. Construct the street to the District's standard street section for a Commercial/Commercial street (40 -feet curb -to -curb in a 58 -foot right-of-way). The street shall be located a minimum of 400 - feet south of Franklin Road. 5. The two proposed site entrances on Franklin Road shall align with the two public street intersections already approved on the north side of Franklin Road. Construct the two site entrances with two outbound lanes and one inbound lane. Coordinate the driveway design with District staff. 6. Construct traffic signals at the east and west site entrances on Franklin Road. The applicant will be responsible for the design and construction of the signals. Coordinate the traffic signal design with District staff. Each approach will be constructed including signalization, or financial surety will be provided for the construction, prior to the District approval of the phase that takes access to that approach. Constrict a center turn lane in Franklin Road at both intersections. Coordinate the roadway improvement design with District staff. (See Fact and Finding "H" numbers 3 and 4 for cost sharing) Any internal site driveways on the two site entrances shall be offset a minimum of 175 -feet from Franklin Road. Comply with requirements of ITD. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Michael Garz at 334-8340. MCUP9939SIUNI Page 14 9. Other than the access points specifically approved with this application, direct lot or parcel access to Franklin Road is prohibited. 10. Enter into a development agreement with the District that specifies the following: a. The location, configuration and extent of public streets within the development. Public streets will be provided that will serve, as a minimum, those uses considered by the District to be destinations for the public from outside the development. Those uses shall include any retail or office use that will receive business from the public at large. b. The specific location and configuration of a public street connection to Montvue Subdivision, and C. The specific location, configuration and terms of a vehicular connection between this site and St. Luke's campus. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of wh such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building constriction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Constriction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. MCUP9939.FRM Page 15 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Steve Arnold Date of Commission Action: January 5, 2000 MCUP9939.FRM Page 16 Wa Q �. Q m V m C L �w L�a U Li U c cs c G � LE l� Gr t1'�•� t a pl.� Wa Q �. Q m V m C L �w L�a U Li U c cs c G b c a 0 'U mop. 0 0 W9 tT�hO O'm u a'y 8'! a`r r•.0 pG 'fP fftit b j..a.� Uri9D 4, o m - 2 jN`. 0 lU .k. Q,'fiN w Q9 :b .� Wa Q �. Q m V m C L �w L�a U Li U JADwq-no W ccs+ — 0 i w f� ui ul ......... .............................. 1 t a L4 act Urid t ",Dq f Y.' crz < •� W i.—.3 r®_ ✓ f =K i !J _ :.)4Ob ; 1 O � �•.J 4 11 411- IL fF r r3! cq UJ CC U .; �.... 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(J I ®�I \ :Nit I _-:9 LL _.JL — O 00 0 OU0 0 00 DIM I `K . 0 0 0 0 0' ISI -r. „ rF 0 00 o OnO 0 00 0 U u 0 0 0 0 0 01 Ill 0- 00 0 NOTICE OF HEARING 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 7:00 p.m. on November 9, 1999 for the purpose of reviewing and considering the application of Touchmark Living Centers for annexation and zoning of 157.876 acres from R-3 to residential, multi -family, retirement and commercial. The application requests a zone of L -O. Furthermore, the application requests a conditional use permit for a continuing care retirement community with 250-300 units of independent and assisted living, 450 units of single family, duplex, townhomes and multi -family. It also requests a medical office park, a retail and commercial center and a community senior health and fitness center. 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 19th day of October, 1999. VA WILLIAM G. PUBLISH October 22nd and November 4th, 1999. Cj a _ j ., aLE�RK .qy 57 \ L-0 Q 0 RT I -L ST. LUKES L-0 GG I -L GG 11 1 800 1 0 T -E N 800 C -G 1600 Feet mill M-1 RT RT R8 R14 RT 1 I I i R11 R1 [/ 1 � BRIGGS ENGINEERING, INC. gl�INEEq� WATERFORD DEVELOPMENT REVISION BRIGGS PORTION OF THE NE 1/4 OF SECTION 16, T.3N., R. 1E., B.M., INC. MERIDIAN, ADA COUNTY, IDAHO (208) 344-9700 SHEEP 1 OF 1 1800 W. OVERLAND ROAD DESIGN DRAFT SCALE DATE BOISE, IDAHO 83705 DWG. NO. BKB 1"=800' 09/01/99 990610 1WATERFRD.APR 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: November 2 1999 TRANSMITTAL DATE: October 7, 1999 HEARING DATE: November 9, 1999 FILE NUMBER: AZ 99021 REQUEST: ANNEXATION AND ZONING OF 157.876 ACRES FROM R-3 TO RESIDENTIAL MULTI -FAMILY RETIREMENT AND COMMERCIAL. THE APPLICATION REQUESTS A ZONE OF L -O. BY: TOURCHMARK LIVING CENTERS/JOSEPH A. BILLIG LOCATION OF PROPERTY OR PROJECT: EAST OF ST. LUKE'S BETWEEN FRANKLIN ROAD AND 1-84 TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, 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 _SANITARY SERVICE _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 REG LAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY LEGAL DEPARTMENT Mayor A Good Place to Live (208) 288-2499 •Fax 288-2501 ROBERT D. CORRIE 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 PLANNING AND ZONING (208) 888-4433 • Fax (208) 887-4813 RON ANDERSON 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: November 2 1999 TRANSMITTAL DATE: October 7, 1999 HEARING DATE: November 9, 1999 FILE NUMBER: AZ 99021 REQUEST: ANNEXATION AND ZONING OF 157.876 ACRES FROM R-3 TO RESIDENTIAL MULTI -FAMILY RETIREMENT AND COMMERCIAL. THE APPLICATION REQUESTS A ZONE OF L -O. BY: TOURCHMARK LIVING CENTERS/JOSEPH A. BILLIG LOCATION OF PROPERTY OR PROJECT: EAST OF ST. LUKE'S BETWEEN FRANKLIN ROAD AND 1-84 TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, 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 _SANITARY SERVICE _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 REG LAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: QTY OF MERIDIAN 33 East Idaho Street, Mcridim ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 0 C T 1 4 1999 c1l' y +N PROPOSED NAME OF SUBDIVISION: Touchmark of the Treasure Valley, L . L.C. 150+/- acres located east of St. Luke's Medical Center GOAL LOCATION, bounded by Franklin Rd to the north and I-84 to the south. TYPE (RESIDENITAI INDUST.RIAI., COCA'). Residential and commercial 157 774- k -- "Gs ACRES OF LAND IN PROPOSED �TTON: + - ` N PRESENT LAND USE: agricultural, zoned r-3 PROPOSED LAND USE: residential, multi -family, retirement and commercial. PRESENT ZONING DISTRICT: R-3 r C-2 RT PROPOSED ZONING DISTRICT: "We] APPLICANT: Joseph A Billig/Touchmark Living Centers pHONE:(503) 646-5186 ADDRESS: 5150 SW Griffith Drive Beaverton, OR 97005 ENGINEER SURVEYOR, OR Briggs Engineering, IncpHQNE: (208) 344-9700 ADDRESS: 1800 Fast Oberlin Boise, ID 83705 OWNER(S)OFRECORD: Touchmark Living Centers, Inc. pHONE:(503)646-5186 ADDRESS: 5150 SW Griffith Drive Beaverton, OR 97005 � Lf�- f \-� Si of Applicant ` elf Waterford Development & Construction Co. ��� ��� 5150 SW Griffith Drive TVa Beaverton, Oregon 97005 503-646-51869 503-644-3568 FAX Transmittal Date: August 26, 1999 To: Ms. Shari Stiles — Planning Director/Zoning Administrator City of Meridian Planning and Zoning 200 E. Carlton, Suite 201 Meridian, ID 83642 cc: Brad Hawkins-Clark/Meridian, Becky Bowcutt/Briggs Engineering From: Joseph A. Billig Subject: Application for Annexation and Zoning or Rezone Project: Touchmark of the Treasure Valley L.L.C., Meridian Idaho Dear Shari, Please find attached our application for annexation and zoning or rezone for the project Touchmark of the Treasure Valley L.L.C. In addition to the application and fees, I have responded to the list of requirements as part of the application. Thank you, Joseph A. Billig Design Studio Manager j ab2Aticmail. com 1. Name, address and phone number of applicant: Joseph A. Billig agent for Touchmark Living Centers, Inc. 5150 SW Griffith Drive Beaverton, OR 97005 ph (503) 646-5186 fax (503) 644-3568 2. Name, address and phone number of owner of subject property and proof of title of said owner (warranty deed) Joseph A. Billig agent for Touchmark of the Treasure Valley, L.L.0 WBID0015.DOC 5150 SW Griffith Drive Beaverton, OR 97005 ph (503) 646-5186 fax (503) 644-3568 See attached documents for proof of title, ownership. 3. Notarized request for zoning amendment from titled owner, successor of said owner, valid title option holder, or contract purchaser with consent from titled owner if not requested by title owner. See attached documents 4. Legal description of subject property... See attached legal description from Briggs Engineering. 5. Description of present land use The property is currently undeveloped agricultural. 6. Description of proposed land use. The proposed use would be for a continuing care retirement community comprised of 250-300 units of independent and assisted living, 450 +/-units of residential including single family, duplexes, multifamily and town -homes. In addition the community would have a medical office park, commercial and retail businesses and a community Senior Health and Fitness Center. 7. Present zoning district and jurisdiction. Presently the property is zoned R-3, C-2 & RT 8. Proposed zoning district. Touchmark proposes changing from R-3 ; C-2 & RT to L -O 9. A statement describing the characteristics of subject property which make the zoning amendment desirable The zoning amendment would be desirable for the subject property because it would still contain the characteristic of a residential community, which was intended under the R-3 zone. The use of an L=0 zone would allow for a retirement community within a single family, duplex or multifamily neighborhood. 10. A statement outlining the necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development. The zoning amendment would allow for Touchmark of the Treasure Valley to blend with the surrounding residential community because of the size and scale of single family and duplex residences which surround the project. Touchmark would also be a desirable neighbor for St. Luke's Medical Center. The Retirement or nursing portion of the main building would be allowable under the L--Ozoning and the main building scale and architectural detailing would compliment St. Luke's. 11. A statement of how the proposed zoning amendment relates to City of Meridian Comprehensive Plan The zoning amendment would be compatible to the City of Meridian's Comprehensive Plan which specifies that the property be developed as residential single family. An L -O zone would allow for Single family as well as duplexes and a retirement/nursing facility. 12. One map of scale P'= See attached document. 13. Thirty copies of a vicinity map at a scale of 1 "=300'. See attached documents. 14. A list of mailing addresses of all property.... See attached list from Briggs Engineering, Inc. 15. A fee established by the council... 157, ? 7 (- A A check for the amount of $2,$$5.00 ($400.00 over 1 acre + $15.00 x 1.41 acres) is enclosed with the application. 16. A signed affidavit stating the property will be posted 1 week before the public hearing See attached document. 17. A signed affidavit stating the applicant has read the contents thereof and verifies that the information contained therein is true and correct. See attached document. WBID0015.DOC NOTARIZED REQUEST FOR ZONING AMENDMENT Touchmark of the Treasure Valley, LLC Meridian, Idaho Joseph A. Billig, agent for Touchmark Living Centers, Inc. and Touchmark of the Treasure Valley LLC, as titled owner of said property as described in attached documentation, hereby requests a zoning amendment. 1:n fv-� k Josepb A. Billig Agent STATE OF OREGON . ss. County of Washington X126 Io Date On this 26th day of August, 1999, before me personally appeared Joseph A. Billig to me known to be the individual described in and who executed the foregoing instrument and acknowledged that he/she signed and sealed the same as his/her own free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL the day and year in this certificate first above written. ary Public in and for the Wte of gon residing at 5150 SW Griffith Drive, Beaverton OR 97005 My commission expires: December 26, 2000 OFFICIAL SEAL JENNIFER C. HUGHEY NOTARY PUBLIC - OREGON COMMISSION NO.060468 MY COMMISSION EXPIRES DEC. 26, 2000 TBIDjab.doc*08/26/99*4:26 PM Jennifer C. Hughey 503-646-5186 OCT -14-1999 15:07 BRIGGS ENGINEERING, INC. 12083452950 P.02 ^ - AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA ) 1, / Name -Aw hlj a SAWXk4exyG • !� Address _ � 0210 S� � , being first duly sworn upon (city) (state) oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to a*irar 1-irir etu4r5 x/50 S.1J,rii'�',�c.l7rli Yt. RPQYtr p(6. G� C�OS�L ff 11r9 (address) 7,066 to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this day of /)C44 __ , 19 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. 0410 x OF pUts►•1G D V fq��N e 7 — Notary Public for Idaho Residing at , /"$p My Commission Expires: 7-.L -ZDV 5 TOTAL P.02 OCT 14 '99 15:09 12083452950 PAGE.02 AFFIDAVIT Touchmark of the Treasure Valley, L.L.C. Meridian, Idaho The applicant, Joseph A. Billig, agent for Touchmark Living Centers, Inc. and Touchmark of the Treasure Valley L.L.C. has read the contents of the submitted application for annexation, zoning and rezone and verifies that the information contained therein is true and correct. Josep A. Billig Date 612, Date OFFICIAL SEAL JENNIFER C. HUGHEY NOTARY PUBLIC - OREGON COMMISSION NO. 060468 MY COMMISSION EXPIRES DEC. 26, 2000 AFFIDAVIT Touchmark of the Treasure Valley, L.L.C. Meridian, Idaho Touchmark Living Centers, Inc and Touchmark of the Treasure Valley L.L.C. in accordance with the application for annexation, zoning and rezone, verify the property will be posted one week before the public hearing. Posting must contain the name of applicant, description of zoning amendment, and time and date of public hearing. Jos h A. Billig N C, otary - . sizk� EY lh OFFICIAL SEAL V4 JENNIFER C. HUGHEY NOTARY PUBLIC - OREGON COMMISSION NO. 060468 COMMISSION EXPIRES DEC. 26, 2000 Date r Date C. 4ckivcsxr2ed(R R f 1L CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 GS -202-2 PflINTEO WITH C- /1/ _ kl --0U&u PRINTED IN U.S.A. $OYINK - Lf �'11,U'IKl v > tib InUl H m0 m C O n 71M 0 H r- zc�x r -i C H x O PO 5C: �.... C Pd c r � iU C1Y Cl C a 9r z � r cn t=i H x z. r7 r d H _x F -I 7� H �-C 41 H C CCs] � Do C� m. m to x z o wz=z z O \a �mmg \ m �y y e 9 m ...N C � rva LTJ Q� _1 00 • tC co v-" m= im AA i� D A zn vm mm V D m Z cn z � D M{ �m mm zz 0 T 74 m v m cn c7 v m v D m 0 m N c m z m 9 m z 0 m 00 N v \ Co \ N v \ z O 0 m D H m z a_ 0 m z c 9 m m m Gi M O N U) 0 m 00 N v \ .L N OD 00 ON z W O 0 r r r,v ru v _0 co Ul M< -< M'-' 0-1 m D tTt —i <Om o m 0 M Ln 't1 < O £ A za)v - --� O -< O -n "r1 A rn O to z rn 3 � v m O0 --a m 07Q;10 �-r X of — m O * < D r--� m Cn D C z � m O D. r.. m r m -� -< 0 c� c O. N Z -. o, ss - m to 3 ctX Dl n a c' �� Z 00 0 O m m O V) ^ 20 *£ r _ ;o\ m w==z z r �0.g m O O r ; 0 ; "< V p 80> O �D n x t0 g Z 5 m -Q '1- m * 40 N D cn - U) M co Co m * O < 00 D x O r r m m m z 0 O m it w O N N Lo Lo m = N O Dm A _� m m D v= n m mm 2 �j D Z Am Z n �0 m _ rn Z5�_ cn z DA m� m� z < � (DD o v o _+ m m V D ccn lD � t -0m n m co m a z o m 0 0 m \ z o C V co m \ m �o O co � O 0 CD D r co 0 C) m C) 7 D O g o O z O 0 0 o 0 0 z 00 00 O O m m m z 0 O m it w O N N Lo Lo DESCRIPTION FOR TOUCHMARK SEPTEMBER 1, 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'/4 corner of Section 16, T.3N., R.1 E., B. M., the REAL POINT OF BEGINNING of this description; Thence S 8902919" E 1351.29 feet to the northeast corner of the NW %4 of the NE '/4; Thence S 00006'30" E 558.08 feet along the east line of the NW % 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 79°33 15" W 449.48 feet; Thence S 80°42'48" W 116.19 feet; Thence S 25035'37" W 195.09 feet; Thence S 2203937" E 150.00 feet; Thence S 33°16'37" E 620.00 feet; Thence S 30051'03" E 493.00 feet, Thence S 00006'30" E 493.51 feet; Thence S 13051'55" W 426.51 feet; Thence N 89023'43" 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; PICV CA 59 b� . 980601\touchmarkdes ( n �C �SC �.; P -f -i O ei ►ti }C v &C54�'�+ ick v &L u�, i ��, �v e.-h�c.a. � rel; a - s c.c{, c•,�. c... a � ; c�e.n. b4 � s k . Thence N 89043'13" W 1203.66 feet along said northerly right of way to a point on the west line of the NW Y4 of the SE '/4; Thence N 00°13'01" W 27.67 feet to the northwest corner of the SE Y4 (the center '/4 corner) of Section 16; Thence N 8902335" W 625.37 feet along the south line of SE Y4 of the NW Y4 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 % of the NW %-, Thence N 00021'56" W 1281.37 feet to the northwest corner of the SE % of the NW '/4; Thence N 89°26'11" W 338.32 feet along the south line of the NW Y4 of the NW '/4 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 0002017" W 1327.17 feet along said east boundary to a point on the north line of the NW Y4 of the NW Y4; Thence S 89028'47" E 337.68 feet to the northeast corner of the NW'/4 of the NW ,/4. Thence S 00021'56" E 496.26 feet along the east line of the NW Y4 of the NW Y4 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 %; Thence S 89028'47" E 1003.89 feet along the north line of the NE % of the NW Y4 to a point, Thence S 00°13'01" E 922.87 feet to a point; Thence S 85031'47" E 235.00 feet to a point on the east line of the NE % of the NW %; Thence N 00°13'01" W 939.06 feet along the east line of the NE Y4 of the NW Y4 to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 157.876 acres, more or less. 980601 \touchmark. des 1 2 3 .4 5 V 7 d 7 l0 I/ 1Z /9 IS 1Y ►7 IF 1'r Z4 Z1 LZ Z3 ay ZS 6V Li L$ LT 30 sl 32 33 3'1 as ai(. 57 66 31 140 41 .4Z V3 '441 yS 'I7 w Se S/ SL T y S Y 7 (► O a 97 WATERFORD - MERIDIAN 300' ADJACEN JERSHIP LISTING 980601\WAT-300.XLS PARCEL OWNER S1109346751 VAN AUKER RONALD W S1109438585 NATIONS PATRICIAA S1109438780 REED MARGARET AND S1109438830 VAN AUKER RONALD W S1109438870 FISHER PROPERTIES L P 51109438905 ELLIS KENNY & THERESA FMLY TRS S1109438930 SEMRAU BURNELL K & S1109438960 KREGER AARON W &JANICE E S1109336340 CHILD WILLIAM H S1109449021 VAN AUKER RONALD W S1109347000 VANAUKER RONALD W 51109438450 NATIONS PATRICIAA R5791500010 HOFFBAUER ARLES F & R5791500005 BARTSCHI R P & L J TRUST S1116212500 BAIR LYLE E & LESLIE H S1116111005 WILD SHAMROCK LLP R5791500095 ROBINETTE JACKIE L & R5791500105 ROHR ERIC P & R5791500130 ADDY JEFFREY T & R2107150240 CRUISE JOHN A & R2107150230 STEPHENSON RONALD D AND R2107150150 PRICE H ROBERT & R2107160250 ELDREDGE CHARLES J & R2107150140 EDGEVIEW ASSOCIATES R2107150130 ELSTON MILO O & R2107150120 CHEVREUX JEAN C & R2107160210 ZEIK MICHAEL THOMAS & R5791500110 MUSTAFA MARY LYNN & R2107160200 WINSKY AUGUST & R2107150770 EDGEVIEW ESTATES HOMEOWNERS R5791500151 OWNBEY JAMES L & R2107150220 RATTO LOUIS & R2107150260 LOVELL THOMAS J 8 R2107150790 EDGEVIEW ESTATES HOMEOWNERS R5791500180 FUSS JEFFREY N & R2107150160 HAGGERTY MARK J & R2107150210 MUIR SCOTT B & R2107150270 BILLS DAVID A& R2107150170 OWSLEY STEVEN A & R2107150110 MATSUZAWA SHIGEKI & R2107160220 PETERSON MICHAEL SCOTT & R5791500153 CLARK LORAN J & R2107150200 GIBSON SCOTT & R2107150280 VAN PATTEN H DUANE & R2107150180 MARIMAN JAMES M & R2107150190 JEPPSON JOHN D & R2107150290 RANEY GARY L & R5791500155 RUDDER SCOTT W & R2107150300 COLLAER PHILLIP J & R2107150460 CLARK DANIEL J JR & R2107150470 NELSON DAVID W & R2107150310 TIKKER ROBERT D & R5791500191 RUYF PATRICIA R5791500201 WILLIS RICHARD M & R2107150480 MOLYNEUX SEAN KARL & R2107150320 HEALY JEREMIAH J & R2107150500 JOHNSON JAMES N & R2107150490 BUZZINI ROBERT J & R2107150330 BARBEE DON J & S1116233802 ST LUKES REGIONAL MEDICAL R2107150340 ROBBS STEVEN E & R2107150560 JAMESON JAMES L & R2107150570 SHIH BOHR-WINN & R2107150350 WHEELER KENNETH J & R2107150360 YAKA CLINTON M & R2107150580 MARTIN JAMES L & R2107150600 TROYER NICHOLAS M & TRINA L R2107150590 BERGUM DAVID G & R2107150370 REITCHECK MICHAEL J & R2107150380 DELLGARD MIKE & R2107160510 JOINT SCHOOL DISTRICT NO 2 R2107150390 RENINGER CHRISTINE W R2107150680 HUNT DEXTER WAND R2107150400 ROWLEY RUSSELL J & R2107160620 PRITIKEN CHRIS J & R2107160300 ZABEL ROGER L & R2107160610 ROWE PHILIPS & R2107160310 EDGEVIEW ESTATES HOMEOWNERS' R2107160600 FORTIN MARK G & R2107160590 WIENCLAW DAVID EDWARD & R2107160320 CULLEY JERRY W& R2107160580 ALVILLAR PATRICIA P & R2107160330 CHRISTENSON THOMAS M & R2107160570 CROWLEY MICHAEL T R2107160560 LUKASIK DONALD J & R2107160340 JURS KEVIN MICHAEL & R2107160540 CARPENTER DOUGLAS B R2107160550 PLOWMAN TY A & R2107160350 SINNER SCOTT A & R2107160360 SCROGGIE DANIEL E & LUCY L R2107160380 MCCLINTICK ZELMA M R2107160370 AMBROZ RICHARD D & S1116325510 IDAHO ELKS REHABILITATION INC S1116427920 PETERSON ALAN S1116427890 CLARK DAN L & COLLEEN M R4313610290 IRONWOOD SUB HOMEOWNERS ASSOC R7555000280 DANSEREAU LEON W & R4313610250 BILMAR INC R7555000160 JAMISON JOHN E & THERESE J OWNADDI SCHARF KATIE ELLIS K C & T L TRUSTEES MARY ELIZABETH TRUSTEES HOFFBAUER MARY H BARTSCHI R P & L J LIFE ESTATE ROBINETTE STUART W ROHR SALLIE A ADDY STEPHANIE CRUISE SANDRA E SCHENK BARBARA L PRICE BONNIE R ELDREDGE SHEL A ELSTON SUSAN NORLAND CHEVREUX JOSETTE LUONG ANN NICOLE MUSTAFA CHRISTOPHER T WINSKY JANICE ASSOCIATION INC OWNBEY VALERIE A RATTO S GERALDINE LOVELL BRENDA S ASSOCIATION INC FUSS NATALIE A HAGGERTY SHELLEYE MUIR JILL F BILLS CARRIE J OWSLEY CHARLOTTE N MATSUZAWA DEBORAH PETERSON TERESEL CLARK JANET B GIBSON BECKY VAN PATTEN SUSAN J MARIMAN CHRISTINE O L JEPPSON STARLA A RANEY SUZAN K RUDDER MADONNA L COLLAER DEBBIE CLARK REBECCA J NELSON DALEEN ANN TIKKER MARTHA R WILLIS THORA M MOLYNEUX KIMBERLEY SUE HEALY MARGO E JOHNSON LORI L BUZZINI SHANNAN L BARBEE LARRAINE S CENTER LTD ROBES CATHERINE L JAMESON SUSAN A SHIH CHING WHEELER TAMMY N YAKA TUESDAY A MARTIN MARY B BERGUM SHERYL A REITCHECK MICHELLE DELLGARD ANDREA HANKS JO ANN K ROWLEY TAMARA JO PRITIKEN LISA ZABEL SHIRLEY D ROWE MARILYN D ASSOCIATION INC FORTIN CHERYL L WIENCLAW JENIFER GARN CULLEY KAREN ALVILLAR MARTIN C CHRISTENSON KELLY M LUKASIK BEVERLY K JURS MELISSA CUDDY -PLOWMAN KELLY K SINNER MARY A AND SCROGGIE ANDREA M AMBROZ SHELLEY K DANSEREAU FLORENCE M OWNADD3 3084 LANARK ST 4010 E FRANKLIN RD 1906 N MAPLE GROVE RD 3084 E LANARK 4701 HILLCREST VIEW DR 4260 E FRANKLIN RD 618 RED WING CT 4390 E FRANKLIN RD 2301 S 300 WEST 3084 LANARK ST 3084 LANARK ST 4010 E FRANKLIN RD 3435 E FRANKLIN RD 719 E MARTINIQUE 3975 E FRANKLIN RD 680 S CLEARWATER SUITE #101 3410 N MONTVUE DR 3460 N MONTVUE DR 3405 N MONTVUE DR 210 S WINTHROP PL 234 S WINTHROP PL 4322 E VIEW RIDGE DR 2042 E SUMMERIDGE DR 4917 N PAPAGO PL 4378 E VIEW RIDGE DR 4406 E VIEW RIDGE 4430 E VIEW RIDGE DRIVE 210 E MONTVUE DR 4454 E VIEW RIDGE DR 4545 E BRADDOCK DR 3405 N MONTVUE DR 258 S WINTHROP PL 249 S WINTHROP PL 4545 E BRADDOCK DR 324 E MONTVUE DR 4353 E VIEW RIDGE OR 282 S WINTHROP PL 273 S WINTHROP PL 4383 E VIEW RIDGE DR 4407 E VIEW RIDGE DR 4431 E VIEW RIDGE DR 215 E MONTVUE DR 306 S WINTHROP PL 297 S WINTHROP PL 4372 E BRADDOCK DR 330 S WINTHROP PL 321 S WINTHROP PL 325 E MONTVUE DR 345 S WINTHROP PL 4377 E BRADDOCK DR 378 S WINTHROP WAY 369 S WINTHROP PL 360 E MONTVUE DR 3555 S MONTVUE DR 402 S WINTHROP WAY 393 S WINTHROP WAY 4426 E TRAFALGER CT 4402 E TRAFALGER CT 417 S WINTHROP WAY 190 E BANNOCK ST 441 S WINTHROP WAY 4447 E TRAFALGER CT 4423 E TRAFALGER CT 465 S WINTHROP WAY 489 S WINTHROP WAY 498 S WINTHROP WAY 4476 E ROCKBURY ST 2494 COLEMAN AVE 513 S WINTHROP WAY 537 S WINTHROP WAY 911 N MERIDIAN RD 561 S WINTHROP WAY 594 S WINTHROP WAY 585 S WINTHROP WAY 608 S WINTHROP WAY 615 S WINTHROP WAY 622 S WINTHROP WAY 4545 E BRADDOCK DR 636 S WINTHROP WAY 650 S WINTHROP WAY 671 S WINTHROP WAY 664 S WINTHROP WAY 685 S WINTHROP WAY 678 S WINTHROP WAY 692 S WINTHROP WAY 699 W WINTHROP WAY 4484 W RUTHERFORD CT 4462 W RUTHERFORD CT 713 S WINTHROP WAY 727 S WINTHROP WAY 4451 W RUTHERFORD CT 4429 W RUTHERFORD CT 204 FORT PL 11216 W EDGEHILL DR 11202 W EDGEHILL DR 5460 N EAGLE RD 925 S ROLLING HILLS DR 5460 N EAGLE RD 950 ROLLING HILLS DR OWNLAST MERIDIAN ID 83642-5918 MERIDIAN ID 83642-6004 BOISE ID 83704-6930 MERIDIAN ID 83642 BOISE ID 83705-3650 MERIDIAN ID 83642-6004 WALNUT CREEK CA 94595-4048 MERIDIAN ID 83642-6004 SALT LAKE CITY UT 84115 MERIDIAN ID 83642-5918 MERIDIAN ID 83642-5918 MERIDIAN ID 83642-6004 MERIDIAN ID 83642-6003 MERIDIAN ID 83642 MERIDIAN ID 83642-6005 BOISE ID 83712 MERIDIAN ID 83642-6316 MERIDIAN ID 83642-6316 MERIDIAN ID 83642-6316 MERIDIAN ID 83642-6335 MERIDIAN ID 83642 MERIDIAN ID 83642-6326 MERIDIAN ID 83642 BOISE ID 83713 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642-6318 MERIDIAN ID 83642 MERIDIAN ID 83642-6326 MERIDIAN ID 83642-6316 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642-6326 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642-6335 MERIDIAN ID 83642 MERIDIAN ID 83642-6332 MERIDIAN ID 83642 MERIDIAN ID 83642-6333 MERIDIAN ID 83642-6319 MERIDIAN ID 83642-6335 MERIDIAN ID 83642-6335 MERIDIAN ID 83642-6324 MERIDIAN ID 83642-6335 MERIDIAN ID 83642-6335 MERIDIAN ID 83642-6340 MERIDIAN ID 83642-6335 MERIDIAN ID 83642-6324 MERIDIAN ID 83642-6338 MERIDIAN ID 83642-6335 MERIDIAN ID 83642-6318 BOISEID 83642 MERIDIAN ID 83642-6338 MERIDIAN ID 83642-6338 MERIDIAN ID 83642-6301 MERIDIAN ID 83642-6301 MERIDIAN ID 83642-6338 BOISE ID 83712-6241 MERIDIAN ID 83642-6338 MERIDIAN ID 83642-6301 MERIDIAN ID 83642-6301 MERIDIAN ID 83642-6338 MERIDIAN ID 83642-6338 MERIDIAN ID 83642-6338 MERIDIAN ID 83642-6329 AUGUSTA GA 30906-2506 MERIDIAN ID 83642-6339 MERIDIAN ID 83642-6339 MERIDIAN ID 83642-2241 MERIDIAN ID 83642-6339 MERIDIAN ID 83642-6339 MERIDIAN ID 83642-6339 MERIDIAN ID 83642-6345 MERIDIAN ID 83642-6345 MERIDIAN ID 83642-6345 MERIDIAN ID 83642-6326 MERIDIAN ID 83642-6326 MERIDIAN ID 83642 MERIDIAN ID 83642-6326 MERIDIAN ID 83642 MERIDIAN ID 83642-6345 MERIDIAN ID 83642 MERIDIAN ID 83642-6345 MERIDIAN ID 83642 MERIDIAN ID 83642-6346 MERIDIAN ID 83642-6346 MERIDIAN ID 83642-6345 MERIDIAN ID 83642-6326 MERIDIAN ID 83642-6346 MERIDIAN ID 83642-6346 BOISEID 83702 BOISE ID 83709-7707 BOISE ID 83709-7707 MERIDIAN ID 83642 MERIDIAN ID 83642-6721 MERIDIAN ID 83642 MERIDIAN ID 83642-6720 19b East Bannock Boise, Idaho 83712 20B-381-2222 i Edwin E. Dahlberg PaB�a�c I July 21, 1999 Mr. Bernie L. Neil Touchmark Living Centers, Inc. 2929. S. Waterford Drive Spokane, WA 99203-4400 Dear Mr. Neil: 1 r SLudids We hereby accept and agree to the terms and conditions of the attached memorandum of understanding dated July 12, 1999 and signed by you with the exception of item #18. As an alternative, we submit the following substitute language. "18. SLRMC will indemnify and hold Touchmark harmless on any lawsuit filed within one (1) year of the closing date by an adjoining property owner seeking to enjoin the exchange or otherwise prevent Touchmark's intended use of the property and 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 substitute language acceptable, as well as the other items you previously approved as noted by your attached signature, please sign and return this letter. Like you, we hope to move this agreement forward as soon as feasible. Please contact me if you have any questions. Gary L. Fletcher Executive Vice .President GLF/sb huildin&613. July 12, 1999 Dear Gary Fletcher: Ce William Bodnar, WernerNistler, Thank you for your letter dated April 2, 1999. pursuant to the conversations with Werner Nistler, we are recasting the letter agreement as follows: A. St. Lukes Regional Medical Center (SLRMC) will swap the 10 acre site that runs north from the SLMRC site to Franklin Road in exchange for 10 acres owned by Touchmark that run along the east of our main site with mutually agreeable covenants. This real estate agreement will also provide access and signage easement rights to both parties with mutually agreeable covenants_ B. Touchmark will continue negotiations with the Thomas's on the additional land to the east. Should Tonchmark be successful in reaching reasonable terms, we will sell SLRMC an additional 10 acres to the east of the land you are receiving in A above at mutually agreeable terms_ The real estate exchange and casement agreements referenced in A above (and carried forward to B above should we be successful in acquiring the Thomas land) would include the following mutually acceptable agreements: 1. The land and easement agreements on the ten acres in A above would be exchanged for like value. 2. The mutual easements shall only be provided to Touchmark and St. Luke's and shall not be able to be extended to any other property owner adjacent to or using roads going through the Touchmark and St. Luke's Medical Center's (SLRMC) properties, other than those parties who may acquire parcels of land from either party. 3. SLRMC shall provide Touchmark with a sign of a style and design identical to St. Luke's current site signage in a size not to exceed thirteen square feet (sign face) and subject to SLRMC's sole approval to be located at the Eagle Road entry to this easement. Touchmark would be responsible for all costs of this signage. 4_ Similarly, Touchmark shall provide SLRMC with a sign of a style and design identical to Touchmark's site signage in a size not to exceed thirtcan square feet (sign face) and subject to Touchmark's sole approval to be located at the Franklin Road entry to this easement. St_ Luke's would be responsible for all costs of this signage. 5. SLRMC shall maintain the easement roadway from Eagle Road to Touchmark's property line. Touchmark shall build and maintain an easement road with similar traffic capacity and at anline. intersection which SLRMC desires to be signalized from Franklin Road to St. Luke's property Both road projects shall be completed no later than December 31, 2000. Traffic calming measures mutually agreeable to both parties shall be provided, but that do not impede emergency ambulance traffic or patient/resident/visitor traffic to or from the party's properties. 6. Any reference by Touchmark to SLRMC in any printed materials, advertisements, or other formal presentations shall require the express prior written authorization of SLRMC. Any similar reference to Touchmark by SLRMC shall require similar written authorization; however authorizations will not be unreasonably withheld. 7_ SLRMC shall agree to allow Touchmark to establish a significant gated entrance along the property line to their development in a design acceptable to SLRMC. l n7/2 C:\Program Elites\CompuScr.clDowaoad\wbidslrmccxchmnge2a.doc place Except for the above -noted entry signage, SLRMC and Touchmark shall w agree to feet n any or at -grade site lighting that rises more than 28eet except for Sral t. Luke's logo on the face of the property lines adjoining any other party property, building. Both parties agree that any above grade parking structure to be built shall not be within 60 feet of any adjoining property line and shall be of a design and landscape shielding acceptable to the other patty. 9. Deleted. 10, Deleted. 11. Any medical office space sold or leased to an M.D- or D.O. by Touchmark or SLRMC on the adjacent properties covered by this agreement shall only be sold or leased to tenants who have active medical staff privileges at SLRMC, or to parties who provide services other than those services provided by SLRMC. 12. SLRMC shall agree to not develop, operate, sell or lease space on the lands covered by this agreement for the purpose of providing senior retirement housing or nursing home services unless such services operated by Touchmark on the property covered by this agreement are at least 95%occupied or otherwise similarly utilized_ Services generally known as skilled care nursing units are exempt from this agreement: however, skilled nursing units are limited to 30 transitional care units and must be operated and managed by SLRA4C. This bed limitation agreement shall end 2010. 13_ Touchmark shall agree to not develop, operate, sell or lease space on the lands covered by this agreement for the purpose of providing inpatient or outpatient medical services already offered by SLRMC unless such services operated by SLRMC on the property covered by this agreement are at least 95% occupied or otherwise similarly utilized. Services generally known as nursing home services, skilled care services, and rehabilitative therapies (PT, OT, speech) are exempt for this agreement. 14. SLRMC shall notify and disclose in writing to Touchmark and Touchmark shall notify and disclose in writing to SLRMC any agreements, covenants, conditions, soil studies, environmental studies, traffic studies, litigation, claims, or other information each may have relative to the properties covered under this agreement which exist or are in process 30 days prior to the closing and their is n of a agreement. owners Touchmark will accept St. Luke's commitment to the Montvue property creatproperties appropriately designed landscape buffer between the exchanged property adjacent P Pe subject to Touchmark review of the Montvue property owners landscape buffer agreement. 15. Deleted. 16, Both parties shall agree that all design and other comments or approvals shall be provided within 30 days of receipt and that such approvals shall not be unreasonably withheld. 17. SLRMC and. Touchmark will agree upon a reasonable height/setback fromula for the proposed use and the design of any building to be built on land exchanged or purchased from TouchmArk prior to closing_ 18. SLRMC will hold Torchmark harmless on any exposure to lawsuits brought by any party owning land contiguous to the 10 acres now owned by SLRMC, ie, Montvue owners, rental property being acquired by SLRMC that is being exchanged to Touchmark for a period of l year from closing. 19, This entire agreement is subject to both SLRMC and Touchmark receiving appropriate land use, highway district and irrigation district approval for master planning. We are interesting in moving forward with our submission to the City of Meridian as provide possible. Should you agree, please sign and date and initiate the paperwork with y Y exchange of land. Z 072 C_lprOVM Files\Compusene\Downlc+&wbidslrma=ct wW7-m-&c Acknowledged and Agreed Gary L. Fletcher, Executive Vice President, SLRMC mate Thank you and should you have any questions, please call me. Very truly yours,, Bernie L_ Neil Vice President, Touchmark Living Centers, Inc. C_\Prugfam Fi105\CO,npuScm\Download\wbidslrnncexcchmge2a.doc TOTAL P.05 OM 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 28, 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 less) parcel located at Franklin & Eagle Road adjacent to the property owned and under development 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 and will be responsible for the zoning and annexation process. Seller may participate in the process, said participation to be mutually agreed upon prior to the September 9, 1998 closing date. 2) Seller will grant access to Franklin Road in accordance with Ada County Highway District (ACRD) standards. The cost of the access improvements, including land cost, will be borne by the Buyer. Seller and Buyer will enter into a separate agreement regarding the road 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 #I 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. PARCEL #1. 16.3 ACRE CASH PURCHASE/10 ACRE CONTRIBUTION 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). 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 50/50% 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 #3. OPTION TO PURCHASE REMAINING 24.6 ACRES 1) The Seller grants the Buyer the right to option the remaining 24.6 acres (more 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 S. 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 $. . _ 1 1 per acre (at the current date) will increase'/4% per month (9% per annum) over the option period. 3) The remaining terms and conditions as with Parcel #2 option agreement remain the same as they apply to the 24.6 acre option, including the Buyer granting to Seller the right to leave in 35% of Seller's ownership on Parcel #3 based on Buyer's price at time of closing. 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 $ ($ follows: 1) $ _ cash at closing. x 16.3 acres). The purchase price is payable as 2) An additional 10 acres will be contributed to the Waterford of the Treasure Valley, LLC, at closing and immediately converted to ownership units in the LLC. These said ownership units begin to earn a priority return of 8% per annum at the closing of the Phase 1 main structure construction loan. In no event shall this return for the Seller be delayed past August 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 ($: at the current date). 5) If the LLC Private Offering includes a provision for early investor "bonus" units, then the seller will receive said "bonus" units of the $. value (at the current date) of the land contribution units. PARCEL #2. OPTION TO PURCHASE CONTIGUOUS EAST 21. 7ACRES 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 or less) 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, 2000. 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 $. , ; option money previously applied will be paid at first closing of the cash sale (Parcel #1). This option applies 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. 1-12 months 13-24 months 25-28 months $1 per acre $ — $. per acre $ — $ per acre (The actual option price per acre will be determined by the cash purchase price of Parcel #2 at closing; the price per acre may be higher.) 3) If the option has not been fully exercised during the aforementioned option period, then the Seller will for a period of two years grant the Buyer a first right of refusal to purchase said 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 under Section 1031 of the Internal Revenue Code, and that Seller's interest in this agreement may be assigned and/or novated to facilitate such exchange. Buyer agrees to cooperate with the Seller to 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: Date: , Accepted and Agreed: By: IA""4 0. N4;06. p`i Date: Werner G. Nistler, Jr. Chairman and CEO Touchmark Living Centers, Inc. Assignment of Purchase Agreement Touchmark Living Centers, Inc to Eagle Exchange Corporation Between: Touchmark Living Centers, Inc. to TLC Properties - USA ("Exchangor") 5150 SW Griffith Drive Beaverton, OR 97005 Eagle Exchange Corporation ("Accommodator") 1700 SW Fourth, Suite 103 Portland, OR 97201 And: E. L. Bews ("Seller") 5206 Sorrento Circle Boise, ID 8370' 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"). B. Exchangor and Seller have entered into an agreement dated as of SAft 7. 111 to purchase and sale the Replacement Property including all amendments and addendums thereto, and all earnest 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 is defined in Treas Reg § 1.103 1(k) -1(g)(4). AGREEMENT 1. Assignment. Exchangor hereby conveys, sells, assigns, transfers, and quitclaims unto Accommodator a]l of Exchangor's right, title, and interest in and to the Purchase Agreement other than in $ i option 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 under the Purchase Agreement, if directed by Accommodator, Seller will convey the property to be conveyed under the Purchase Agreement (hereafter "Property") directly from Seller to Exchangor, even though Accommodator will be the purchaser of the Property under the Purchase Agreement, as provided in Treas Reg § 1.1031(k) -i (-g)(4)(v). wbidbewsticassignmentdoc ' 09/06/98 • 10:16 AM 4. Representations and Warranties. Accommodator does not assume any responsibility for any of tha obligations, representations, warranties, and covenants of Exchangor under the Purchase Agreement. In the event of the breach of any obligation of Exchangor under the Purchase Agreement, the parties agree that Seller shall look only to Exchangor. 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 harmless Accommodator, its employees, agents, and/or any other persons acting on 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 -containing 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: ACCOMMODATOR: TLC Properties - USA Its: tL` - '" 4Z SELLER: E.L.B B Its: wbidbewsticassignment.doc * 09/06/98 * 10:16 AM Eagle Exchange Corporation Its: ASSIGNOR Touchmark Living Centers, Inc. By: L4 Its: US 0 For Value Received WARRANTY DEED EDWARD L. SEWS and SHIRLEY G. BEWS, husband and wife the trantors . do hereby grant, bargain. sell and convey unto WATERFORD OF THE TREASURE VALLEY. LLC the grumous , the followint described premises, in ......Ada •• - - COunty lAahn, to wit: SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF. 1 FIRS_ AMERICAN t17LE RECORDED •REOUESTOF ADA 0 -LI -7t s 01_c. tDf HJ FEECJ�DEPUTY3� 1998 SP 10 Pr 4:06 9808T167 TO HAVE AND TO HOLD the sald premises. with their appurtenances unto the said Grantee , their heirs and aadirna forever. And the said Grantors de hereby covtnant to and with the Bald Grantees . that they are the owner in too simpk of said premissat that they Art free from allencumbranees except current years taxes, irrigation district assessments, public utility easements, subdivision restrictions and U.S. patent reservations. and that they will warrant sad defend the acme from all lawful claims whAtsoerer. Dated: September 8, 1998 STA t Of ID NO. COtfM OF Ada Oa tL6 G� day &( Sept. if 98 hetet% two, a akar? Public to aad tat ww tau. fa1`0+0116317 Edward L. Zeus 3 Shirley G. Bevs .known to n -e to k the eeroen a W%ekk aa" are eubocri" to the vteMa inartlrntnt..M aekakwtedtrrd to ,wc.Yli). ♦Aw/' .') faeevtod tAe M/ne. STATZ Of 1DA1tO. COUXTT Of I M obf tttttttf, gloat til. le.trw1wat ..o Abd tot wooed at the r04 .t at tntnuao tact o'clock a... Wo day of to • to tap 093et. &a duly tocerdod to Uokk at Dooda at }as* L2-041c4o )loaord.t � ` _ Dar.ty O i Notary NMIC tow 1 % 0 . tea Han b: EX °f,o�,,; .fit American Title Company of Idaho - DESCRIPTION FOR PARCEL 1-A September 8, 1998 A parcel of land located in the East '/Z of the NW'/4 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 corner of the NW % (north % comer) of Section 16, T. 3N., R. 1 E., B.M., thence S 0°13'01" E 1,160.81 feet along the east line of said NW'/4 to a point; Thence N 89°23'35" 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 '/z of said NW 1/4; Thence N 0°21'56" W 1,450.00 feet to a point; Thence S 89023'35" 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\Parcel-1 Ades Waterford of the Treasure Valley, LLC Acknowledgement of Land Contribution and Investor Units in LLC September 9, 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. Edward L. Bews and Shirley B. Bews (Bews) have deeded 10 acres of land to WBID on September 9, 1998 and are entitled to receive a portion of the ownership units in the form of Investor Units. Agreement WBID hereby agrees to grant Investor units to Bews that are equivalent to the same amount of units granted to a cash investor amounting to the value of the land contribution which is - _. These said ownership units begin to earn a priority return of 8% per annum at the 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: • �'i Bews for. Edward L. Bews and Shirley B. Bews By Werner G. Nistler, Jr. Date CEO and Chairman of Touchmark Living Centers, Inc. Managing Member Wbidbewsacknowledgement-09/06/98-10:07 AM WARRANTY DMD . For Value Received PAID BY AN ACCO"ODATM PURSUANT To AN IAC 51031 EXCHANGE REVS and SHIRLEY G. ZEUS* husbead and wife EDWARD L. the Yrantof s . do hereby grant. bargain. sdl °Davey 10 unto TLC PROPERTIES - USA S.V. Griffith Drive -Beaverton. OR 97005 �gm�s whose 5150 the following desADA .............. County Idaho. to -wit: described pceuuses. to ......... . SLE EXHIBIT -A- ATTACHED KERLTO AND MADE A PART HEREOF. FST AMERICAN TITLE CpRECOROzO-REQUEST OF J. C 1Vi7 SXWR5 FEc+4 66 OEPU BC:SE.10"47 okza-- 1998 SP 10 Fm 4:C6 98081166 TO HAVE AND TO HOLD the said We—"' vrith their app11(teaaaoe+ YIItO the said Gcaataa heirs and asdta+ fotcver. And tlae Graotas do hereby covcaam to sad their in fa Awpk of said premises; that they are free from all with the said Cxaatoc s. clot de y ace the wit axcapt current yupublic utility c taxes. irrigation diatries assasssents. easamsots, subdivision restrictions and O.S. patent reservations. sad that dw y will wwrwx and ddead the same from all lawful claims whsesocva. Datod: September 8. 1998 iT m of wAHO.�T of oa f d1M11 4, Se+ 1 %..by away Om aw Lrt w Mad for --4r uis wv�+ Dant cf sa.r Septaabsr .19 96. of borate me. a a,ur9 sbKC 6- —A for ,aid iw/a. sa,aaahr 4""-d oi.wa pea o ctoct m Ldvard L. Bens i Shirley G. Bevs this dr of 19 . is a y o(faa. Md 4,* record.d is moo► o(O-ed+ at Pw )<ao—aaanw►cd+r�iggi„`r*'.""W s are aid ad.wr t'drd"" g a ac arcMd as,aas. E--O(fKio R4corde DcpAl. � ��•`�, Fees f Yui to: Regi Ac at Iy� 1a C G..�,. >s.i�•..< r� �° .. - om an o .Nacho k-11First Amerrcan Title C p y f z A C 3 m Z O EXHIBIT "A" A 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: f ov-,� j 1 13 Commencing at the Northeast corner of the Northwest Quarter (North 1/4 corner) of Section 16, Township 3 North, Range 1 East, Boise Meridian; thence South 0013101" 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 85044130" 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. S 79'29'58" m m O O 7J z 0 BASIS OF BEAR/NG FRANKLIN ROAD S 89'28'47 E __ t 003.797— Lo I Ifl cl� 1 1t` N 00 N N' I oI O W o 117.09 Z 0rn PARCEL 3 1 ml _ O 28.72 ACRES, +\— O V I 1 IN S85.31'47"E 235.00 1 Lo � vl v N N N 89'23' 35' W 1350.15 _ �— 298 54' — �7IM 573 10' I � 1 1 I 1 1 ' i 1 1 1 1 1 ' Lo LLJ t U�Q. Q O v O ml O O 1 M $ N - 1 L I N 1 O 1 ' O 1 1 Z I 1 1 1 I ' I 1 I 1 --� 2�-4r 123.87 �__ N 85'44'30" W -- �"' s69'z2' " 723.14' N 89'2335" W 625.37' INTERSTATE 84 NORTH 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 Carlton Meridian, Idaho 83642 Re: Wild Shamrock property @ Franklin Road Hello Gary, As you know, Touchmark Living Centers has purchased the former Bews property, which is east of the St. Lukes property. Touchmark is also negotiating to purchase the Wild Shamrock property (east of Bews). With this in mind, Touchmark will be including the sevent 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 cc: Joe Billig 1p Touchmark From: Dean Briggs 208-345-2950 To'. Orad Hawkins Date: 10113199 Time: 4:38:36 PM Page 2 of 7 L4..5 OCT 14 '99 16:40 BRIGGS Engineering PAGE. 02 From: Dean Briggs 208-345-2950 To: Brad Hawkins Date: 10/13/99 Time: 4:38:36 PM Page 3 of 7 r� Accommodation RECORDED -A VEST GF AAy A ! C D t•'Nr R AND ALE b i 1A ®R 05415 THIS INDENTURE, made this a741day of 1999, between HAROLD E_ THOMAS and PHYLLIS S. THOMAS, husband and wife ("Grantor") and WILD SHAMROCK, LLP ("Grantee"); r�►q,s-{���--d WITNESS ETH; FOR VALUE RECEIVED, the Grantor has granted, conveyed, bargained and sold, and does hereby grant, bargain, sell, convey and confirm to the Grantee and its successors and assigns forever, that certain real property situated in the County of Ada, Stated of Idaho, more particularly described on Exhibit A attached hereto and by this reference made a part hereof, TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profrts thereof (the "Premises"); SUBJECT TO current property taxes and assessments, easements, liens and encumbrances of record, and any facts, rights, interests or claims which could be ascertained by inspection of the property or by making inquity of persons in possession thereof. Subject to those exceptions to title to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; (a) the Grantor covenants to the Grantee, its successors and assigns, that the Grantee shall enjoy the quiet and peaceful possession of the Premises; and (b) Grantor warrants to the Grantee, its successors and assigns, that Grantor is the owner of said Premises in flee simple and has the right and authority to convey the same to Grantee, and Grantor will defend the Grantee's title from all lawful claims arising through and under the Grantor whatsoever. The current address of the Grantee is: 12301 W. Explorer Drive, Suite 240 Boise, Idaho 83713 IN WITNESS WHEREOF, this Grant, Bargain and Sate Deed has been duly executed by and on behalf of Grantor, the day, month and year herein first above written. GRANTOR: HAROLD E. THOMAS PHYLL S S• THOMAS GRANT DEED - Page 1. OCT 14 199 16:41 BRIGGS Engineering PAGE.03 From: Dean Briggs 208-345-2950 To: Brad Hawkins Date: 10/13/99 Time: 4:38:36 PM STATE OF IDAHO? ) ss. COUNTY OF ADA ) On this -""7*� lay of MOty , 1999, before me, the undersigned, a notary public in and for said state, p onally appeared HAROLD E. THOMAS and PHYLLIS S. THOMAS, husband and wife, known to me to be the persons whose name are subscribed to the within and foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. GRANT DEED - Page 2. Notary Public for Idaho Residing at Boise, Idaho Commission Expires i 1.5/051 OCT 14 199 16:41 BRIGGS Engineering PAGE.04 Page 4 of 7 From: Dean Briggs 208-345-2950 To: Brad Hawldns Date: 10/13/99 Time: 4:38:36 PM Page 5 of 7 PAItert 1: A tract of land situated in the Northeast quarter of Section 16, Township 3 North, Range 1. East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the Northeast corner of said Section 16; thence North 89'20116" West a distance of 25.00 feet to a point an the Westerly right-of-way of South Cloverdale Road, being the REAL, POINT OF BEGINNING; thence South 000081 4610 West along said Westerly right-of-way parallel to the Fast line of said Section 16, a distance of 85o.46 feet; thence North 3302425" West a distance of 463.77 feet to a point on the Southerly bank of the Ridenbaugh Canal; thence North 7700913811 West a distance of 131.06 feet to A point on the Southerly bank of the Ridenbaugh Canal; thence South 74124104" West a distance of 599.91 feet to a point on the Southerly bank of the Ridenbaugh Canal; thence North 82°08'52" West a distance of 378.32 feet to a point on the Southerly bank of the Ridenbaugh Canal; thence Korth 99124129" West a distance of 449.46 feet to a point on the Southerly.bank of Ridenbaugh Canal; thence South 8005113411 West a distance of 116.19 feet to a point on the Southerly bank- of the Ridenbaugh Canal; thence South 25°44'23" West a distance of 195.00 feet to a point on the Easterly bank of the Ridenbaugh Canal; thence South 22°30'51" East a distance of 150.00 feet to a point on the Easterly bank of the Ridenbaugh Canal; thence South 33°071511" East a distance of 624.00 feet to a point on the Easterly bank of the Ridenbaugh canal; thence South 31017'5111 East a distance of 493.00 feet to a point on the North-South centerline of said Northeast quarter of Section 16 and 420.79 feet Southerly from the center nt said Northeast Quarter of Section 16; thence South 00002109" West along said North-South centerline a distance of 492.62 feet to a point on the Easterly bank of the Ridenbaugh Canal; thence South 13055106" West a distance of 426.52 feet to a point on the Easterly bank of the Ridenbaugh Canal, said point being on the East center quarter line of said. Section 16; thence North 89014145" West along said Center quarter line a distance of 1243.24 feet to the cutter quarter corner of said Section 16; thence continued From: Dean Briggs 208-345-2950 To: Brad Hawldns Date: 10/13/99 Time: 4:38:36 PM Page 6 of 7 LEGAL DESCRIPTION CONTINVBD Page 2 North 00,104133" West along the North center quarter linea distance of 2655.81 feet to the North quarter corner of said Section 16; thence South 89.20.1160 East along the North -section line of said Section 16 a distance of 2676.46 feet -to the REAL POINT OF BEGINNING, EXCEPTING TREREFROM that portion of said property deeded to Ada County Highway District by Warranty Deed, recorded rebruary 1, 1974, as Irtstrurent No. 873594, being more particularly described as follows: The North 40 feet of the Northeast Quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. ..LSO EXCEPTING THEREFROM that portion of said property deeded to Ada County Highway District by Deed, recorded Mardi 6, 1991 as TnstrUment No. 9111524, being more particularly described as follows: A parcel of land for public right-of-way located in the Northeast n,uarter of Section 16, 'Town&hip 3 North, Range J Fast, noise Meridian, Ada County, T.daho, and being more specifically described as follows: Beginning at the Northeast section corner of said Section 16; thence South 0000711411 West (formerly South 00"08146" West) along the Last boundary of said Section 16 a distance of 174.74 feet to a point; thence Borth 89052146" West (formerly South. 89920116" West) a distance of 25.00 feet to a point, said point lying on the West right-of- way of Cloverdale Road, and said point being the REAL POINT of BEGINNING; thence continuing tdorth 89052146" Plest a distance of 10.00 feet to a point; thence South 00007114" West a distance of 267.1.3 feet to a point; thence South 03041'33" West a distance of 160.51 feet to a point; thence South 010607114" West a distance of 84.58 feet to a point; thence South 013414912711 East a distance of 64.32 feet to a point; thence South 0010711411 West a distance of 1.84.98 feet to a point; thence South 33°25+570 East along the South property boundary a distance of 18-09 feet to a point, and said point lying on the West right- of-way of Cloverdale Road; thence North 00007114" East along the West right -of -Way of Cloverdale Road continued OCT 14 199 16:42 BRIGGS Engineering PRGE.06 From: Dean Briggs 208-345-2950 To: Brad Hawkins Date: 10/13/99 Time: 4:38:36 PM Page 7 of 7 LEGAL DESCRIPTION CONTTNUED Page 3. a distance of 675.50 feet to a point, and said point being the REAL POINT of BEGINNING. ALSO EXCEPTING THEREFROM any portion of said property lying within EDGEVIEW ESTATES No. 1 suBDIvIsION, according to the official plat thereof, filed in Book 63 of Plats at Pages 6399 through 6401, Official Records sof Ada County, Idaho; and EDGEVIEW ESTATES No. 2 SUBDIVISION, according to the offic.ia.]_ plat thereof, filed in Sook 65 of Plats at Pages 6703 through 6704, official Records of Ada county, Idaho. PARCEL It: The East one-half of the Northwest Quarter of the Southeast Quarter, lying Korth of the North boundary of Interstate 84 North (formerly known of record as Interstate 80 North and more particularly described in the deed froth EDWIN R. CILkFFIN, at ux to the STATE OF IDAHO, recorded on October 31, 1964, as Instrument No. 597323, Ada County, Idaho Records) and gest of the Ridenbaugh Caral as it is now located in Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. OCT 14 '99 16:42 BRIGGS Engineering PAGE.07 From: Dean Briggs 208-345-2950 To: Brad Hawidns Date: 10/13/99 Time: 4:51:08 PM P-167478 .JB/HH / „F A Pioneer Cexnpany PIONEER TITLE COMPANY CIF ADA COUNTY 821 West State. Street ; Boise. Idaho 93702-5836 . Tclrphone (208) 336-6;00 REVIEWED AND APPROVED BY: WARRANTY DEED (INDR (DUAL) FOR VAWE R'F.CEIVED F, ED ROBINSON, JR.. and COLIFEN C. ROBINSON, Husband and wife Grantor s . do hereby gram, bargain, sell and convey unto ST . LUKE' S REGIONAL MEDICAL CENTER, LTD., an Idaho corporation the Grantee ,wbosecurrent address is: 190 E. BANXOCK STREET, BOISE, ID 83IL2 the following described real property in ADA Cotmty. State of Idaho, more particulary described as follows, to -wit: SEE LEGAL DESCRIPTION, EXHIBIT "A", ATTACIIED HERETO AND MADE A PART HEREOF. p,1 COtJIi?Y RECORDER J, BO SE NDAHOR4 {99BliY 13 P;{ 4, 4 Tax Parcel No. S1116223000 RECOROED•REOUEST 0 h PEE '00 DEPIiT =--' 98046047 1 PIONEER TIS TO HAVE AND TO HOLD the said premises, with (heir appurtenants unto the said Grantee . and Grantee heirs and assigns forever. And the said Grantor ado hereby co ertant to and with the said Grantee the Grantor s are the owner s in fee simple of said premises; that said premises are free from all enrumb.ances, EXCEPT those to which this conveyance is expressly made subject and those trade. suffemd or done by the Grantee : and subject to reservations. restrictions, dedications, easements, rights of way and agreements, (d' any) of record, and general taxes and assesstnents, (includes irrigation and utility assessments, (if any) for the eurmm year, which are not yet due and payable, and that Grantor s will warrant and defend the same from all lawful claims whatsoever. Dated: May !It 1998 F. RCBINSO JR. r,O1�OBINSOy STATE OF, SAA,E O . .... .. ... ............... — COtu" Of.. ­UL _.._......._ _..... _.......... . ss. ' _ , ir, ibeyear of�yQ.�$, On this _ ey..-...-..._.. .___ -... , _ a notary public, per - the_ ._......._...... _ .. sone(( d r SR—and_EQLLEIiDt.._G. RnBrN�O_ IMOV4 8t m b the person s -whose Dame -... are subscribed to the within instrument, and acknt l e trtll!"FtLat e _ executed the same. * Pus Nataty Public.vPlmlq My Commissi Page 2 of 22 OCT 14 199 16:52 BRIGGS Engineering PAGE.02 From: Dean Briggs 208-345-2950 To: Brad Hawkins Date: 10/13/99 Time: 4:51:08 PM FILE NO.: 167478 EXHIBIT A A TRACT OF LAND BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE WESTERLY ALONG THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHWEST OUAFTER, 150 FEET; THENCE SOUTHERLY AND PARALLEL WITH THE EAST BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER, 290 FEET; THENCE EASTERLY AND PARALLEL WITH THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER, 150 FEET; THENCE NORTHERLY ALONG THE EAST BOUNDARY OF SAID NORTHWEST QUARTER OF THE NOPTHWEST QUARTER 290 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION CONVEYED TO ADA COUNTY HIGHWAY DISTRICT R£CORDEO JANUARY 14, 1974 UPPER INSTRUMENT NO. 871685. ENO OF LEGAL DESCRIPTION Page 3 of 22 OCT 14 '99 16:52 BRIGGS Engineering PRGE.03 From: Dean Briggs 208-345-2950 To: Brad Hawkins Date: 10/13/99 Time: 4:51:08 PM Page 4 of 22 STEWART TITLE a.l;a COU 8TY RECORDER J.0AVIG f AHRRO WA V"M DEED 1998 Hy -5 Pi i 41 C2 RECORDED-REOUEST Of / tQ �►^- FEE l—�DEPUi Y 98043217 CDT 11, LLC, an Idaho Limited Liability Company, Grantor, hereby grants, bargains, sells and conveys to ST. LUKE'S REGIONAL MEDICAL CENTER, LTD., as Grantee, for value received, the following described premises, to wit: An irregular tract of land being part of the Northwest Quarter of the Northwest Quarter, Section 16, Township 3 North, Range 1 East, Boise Meridian, in Ada County, Idaho, more particularly described as follows: BEGINNING at the Northwest corner of Section 16, Township 3 North, Range 1 East, Boise Meridian; thence SOUTH 88 degrees 58' East along the North boundary line of said Section 16, a distance of 1,015.32 feet; thence SOUTH 00 degrees 1030" West, a distance of 40.00 feet to a steel pin; the REAL PLACE OF BEGINNING; thence SOUTH 00 degrees 10'30" West, 379.10 feet to a steel pin; thence SOUTH 68 degrees 39' East; 60.06 feet to a steel pin; thence NORTH 00 degrees 10'30" East, 399.98 feet to a steel pin; thence NORTH 88 degrees 58' West, 56.00 feet to the PLACE OF BEGINNING. TO HAVE AND TO HOLD the said premises, with their appurtenances, unto the Grantee and the Grantee's assigns forever. Grantor hereby covenants to and ,with the Grantee that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except easements and restrictions of record or visible on the premises, including, but not limited to the ingress and egress WARRANTY DEED -1 OCT 14 199 16:53 BRIGGS Engineering PAGE.04 From: Dean Briggs 208-345-2950 To: Brad Hawkins Date: 10/13/99 Time: 4:51:08 PM Page 5 of 22 easement granted by Grantee in favor of Grantor in the Addendum To Purchase And Sale Agreement, signed previously by the parties, and by this reference is included herein, and that Grantor will warrant and defend the same from all lawful claims whatsoever. THE managing member who signs this Deed hereby certifies that this Deed and the transfer represented hereby was duly authorized under a resolution adopted by the managing members of the Grantor at a lawful meeting duly held and attended by a quorum of members. 1N WITNESS WHEREOF, the Grantor has caused its legal name to by hereunto affixed by its duly authorized member this tc` day of 1998, o `�,rj� CDT E , LLC x By S. Carl NicoIaysen2MqWWg Member STATE OF IDAHO? ) )ss-. County of Ada } y Ntl{a On this \4 day ototro, 1998, before me, the undersigned, a notary public in and for said county and state, personally appeared S. Carl Nicolaysen, known or identified to me to be the Managing Member of CDT II, LLC, the Linuted Liability Company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that said company executed the sane. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 'ter s«RrNc. .4* u {OKARY G yrMANI�V .•� TB oV Notary IZ&Vfor Idaho Residing at 5 t,,!5 1 Commission Expires 3 - OCT 14 199 16:53 BRIGGS Engineering PRGE.05 From: Dean Briggs 208-345-2950 To: Brad Hawkins Date: 10/13/99 Time: 4:51:08 PM Page 6 of 22 Tr1k RECORDED -REQUEST Q ADA COW 3EC_130F," r 4. JAVID NAVAR ' OISE, IDMD FEE MEIt"KI �e=A 98899056 10W& 0C lu "k V-qc FiRcrr AVERICAN 111W Vab. Mcmswd 31.0 FROMM= - MR, TAMited Pa t7Aacehip do hW4WV 0XrOY, i+alwe, Asa arALl la qw q t Clai>tt 110A0 %*me adds 1 is 57.60 S.W. GRilVM unva. tlWrBntM, !9t 97C05 the fQUlwiM duialbed pal aims, to -wits A Pwml d IWO lmxdmd I t the ONC ttalf Ot *0 T lairOw rt Qmrb r of 9WtlM 16, dip 3 MCM, AWp 1 Mot CC the &aloe Mrsi!ljM% Adn C-9*Y, Idaho, bairq Aare p t lwly dimm1 W as f011ow: Clownwing at the m+Aat at tet NnV tytart oT.ztara; (!lora► 114*= A; 3itlOflilevidiliSOCUM 29, P 3 tlaCttf. Aargsn a L hst, ftl amAh 0*0101' not 1, 160. it fact atag the aft 11TH at said AtirtbuloTt Qt tar tea a 11'aft; thw" llhV U 8se23'333"d 1Aoet 573.10 [tst to the ML QIP Cr I I n of t h" Aaogeiptim; #'Ih - *wttt 0.21'56'A Awlt 1.496.06 trot to a point an ti* aoAh line of Said morthmmt Qmrtw1 tls�rloa 1Il7t'f93 99'73' nw Uwt 56.13 rant Au" Said liar to a poftt aA ttfa 90fthWILY xaabt-of�4 of I■"j tbwm lrrlb 63.48,3t7'r lot t 423.67 feet &Lang eAid rjcjht-ar.*W to a int; thimim Az 0.3145+6"' Vwt 1.40-07 holt th a paint! itwma 5a zlM 9002313P 9dat 478,50 Pant to to ML POQlFi' cr NOTMIrm of WE &OWiptim- m4mnw with that! aMurtworms. Dated-. aoOpbar 19, 1+999 fLC `fly! 1-n -IDS, Lidt+d FartmwAMp ilk G. Kom&, in. Gwmftl Partner AVM ar w It" � \ fir'• Cn Mkis � ` dey of Od-&W, in the YW IM, bolas ID, a wat=t' pAgie 3n Wd tw acid 8tme, p riewellY Id i� G. , ML, IrA�a�e+ ar liftinLiflod to r to ba a* ct the ga ,tor in the 1111wb aratt CIE 7W LM, Std the pertaaer or STSs ac two pars afro __Mriw Ead plimtrift"tO Tme ]p lw fm ToW o9IrA timunt, aid to as brat ha 00=11nd. ttw w In mud 6GF1CAAL '$EAI 1 SHARON L. FRUMKIN NOTARY PULtIC — STATE Ot WASHINGTON at COUNTY OF SPOKANE My Ccmmdss on Expares November 12. 2001 OCT 14 '99 16:54 BRIGGS Engineering PRGE.06 From: Dean Briggs 208-345-2950 TO: Brad Hawkins Date: 10/13199 Time: 4:51:08 PM Pagel 1 of 22 jMM4NTT-DEED Ivan 11. Lowry Faxold E. Tiol—lowav STATE 051 IDAHO, COUNTY OF -7,)-1 On this /;? day 19 / I before n,e, a notary public In and for said State, personally 1ppeared Ivar. H. Lowry and 6&--e-h L. Lowry hutbn.nd and wife, and Harold E. iolloway arra Deanna,,B._'Jplloway 'rmsband and wife kmo�li,r�'Io mqnt6'bA tbvy, rvo rig who es names are suhkribePtoth@ viblin instrument, and selknowledged to nve-that ('*-Tfb-r -911,1fu1 executed the sane. "A' )rotary Public 1kahna, b. 4-olioway OCT 14 199 1658 BRIGGS Engineering PRGE.11 From: Dean Briggs 2DB-345-2950 To: Brad Hawldns Date: 10/13/99 Time: 4:51:08 PM Page 9 of 22 FoItVALUE REM VED HAROLD E. HOLLOWAY AND DEPONNIA B. HOLLOWAY, Husband and Wife OCT 14 '99 16:56 BRIGGS Engineering PAGE.09 From: Dean Briggs 208-345-2950 To: Brad Hawkins Date: 10/13199 Time: 4:51:08 PM Page 10 of 22 ^N OCT 14 199 16:56 BRIGGS Engineering PRGE.10 From: Dean Briggs 208-345-2950 To: Brad Hawkins Date: 10/13/99 Time: 4:51:08 PM Page 12 of 22 :amttTtia�rr'r -TO. C61ME "T. LZGALDESCRlPTTON OCT 14 199 16:59 BRIGGS Engineering PAGE.12 From: Dean Briggs 208-345-2950 To: Brad Hawidns Date: 10/13199 Time: 4:51:08 PM Page 13 of 22 OCT 14 199 17 00 BRIGGS Engineering PRGE.13 From: Dean Briggs 208-345-2950 To: Brad Hawkins Date: 10113/99 Time: 4:51:08 PM / 1'i c / ,401, 17141 �11'ICt W1F4'^a Page 14 of 22 OCT 14 199 17:02 BRIGGS Engineering PRGE.14 From: Dean Briggs 208-345-2950 To: Brad Hawkins Date: 10113/99 Time: 4:51:08 PM a TCI A !'OItlT OF l3[GINJING, O[ CUjAo r ori T 2 ;?L rFFT.; nt so: sA7 W �!%IWi Ut r'7l, tr F.ECT, iAN hlTS !' ., tJ l3 Fr JUd[a #i t N�i!� r� } JrtE9 tf 3 .; F 1r7 tfi �Ir'rfd( SCtt Ct i 7 °r tl' I ST 1, A P:S17NTSIE T Gtll 'TI'MCL L SOUTiIc�sr 17 c2 fLl T`R7 (x r ,� 1 TINE '1 i' _ E CLT E�YST r~iLY OF.'Jt*JJ FAR�1LLE1r-iO T!IC;'SAIE3;41cS,TFRLY llC4lfiIUAhS UI: 2111. C.: 1' o�,.;:Tcrt,f-0,r1/l! Of TliWGC MOkTI T. M-NCf SOUr.P 67°�ICj'00' .Cg57 �lbl y#) T-EfT; FIiMt E'- NQkli fi°510:1,00" [<115T 267":'O FEETy THENCE .NURTIA W00'O0" WEST .33.1 1 1 EET; 7FCF1±lCE NQRTH fb-0Q..LhT.' `:AS -170 .FEET; THENCE NORTH .r,+11000100" 'vdEST FLET; 11iONCf 1 HMCE 9OUT1I 840no' Dolt EAST. 63.87 FE&; T! 1ENCE NORTH 64001 ra+' EAST 230-00 FEf-1; THFJJCE NORTH 811000'00" W ST 20.00 FEET; THENCE NORTH 1.029'05" EAST 175.57 I -LET; THENCE NORTH 61.ollll'17" WEST 31.4.711 FEET; THENCE NORTH /I°28107" CASs' 2$5.96 FCET; THt-ACE NORTH 89020101" t.iE:S'' j9.�� F',:FT; TiiFNCE NORMi 0°3'?' 51!" EaiT ?.63, 00 FEET; Ti1FNCE NORTH 89020'06" V1EST 7.00 FEET; TIME "NCE NORTH 0039'511" I:A,,I- "(10.00 FELT 10 A POINT ON TIL' SAID NORf11FRLY FiOU)'OARY Or MF NN 1/$ OV SLC:1 V1 .11.6; TiirMCE NORTI1 3'_("20' 116" WE_ i' '7!i,yl rt:E: U.t 4 e spy WA RRA NT',` 'DEMD 8305th Foy v,,11w RC,6_o TOF LARRONDO and CARMEN I.ARItONDt, husband a � and wife, Sys th= gtantof s. do hereby },ra.'t bat raw,, soli and ronr } EDWARD r. 13EWS srld S:ilRL.,Y G. 9EViS, iausband and wife. the granted s, whose x omf nt addrr •, sz 1* n `..'06 Sor:enT_o Cir . jSe, Iddho 83704 ' the following described tr,erniva, t!, Ad � Ctulnty Idahti;TQAvit. ; �1;� �n i 'r tt i k..t y �{ d ' $• As set forth on Exhibit A attached hereto';, and by reference made a part hereof; a Together with all and sinouR�_r the tenements, hereditaments t and applrtenan,-!a '!ereunto belonging or in anywise, appertain, ny; &, subject to all sFT,r 1ta dnu rights o. way of record or appearing a,: the land;` 0 a { Excluded from the warranties hereinafter *et forth are warranties as to the location of the exterior boundaries of the property covered beret , at,being`unc3er.stood that the Grantees are relying upon their crwIn survey thereof in respect thereto;. - - TU HAVE ANWTO HOLD tile said premise$, with their appurtenances unto the said Grantee is, tht1e X hells. and assigns forever, And the said Grantor s ' do hereby covenant to and with the saiti �rantcgs 1110 thtyardhe owner in fee simple of said premises: that they are free frdm all incumtlranges except current taxes and assessments for the year 1978- and 978_ and that t hey witl warrant and defend the same from all lawful claims whatsoever, Dated: November 27, 1978 ' •r��r:.• �_.. JJK..c`,..: �li+l ^t•`Y'Cc+CCG� i Carmen anon o STATE OR IDAHO. COUNTY OFp iia STA'ru. of 1DAttO, COUNTY OF G2 rF� % • On this •'t� day of'tVL�'•: , is 76, 1 hereby certify that this. instrument was tiled for record at U brfoie,pley(f.tlo , in and for said State, personally ihv r rduest of aPPear�rJ t • 4's�r�.�Y FIRST AMERICAN TITLE CO. c `.,,..._„ J'6VI .�: ,arrondo and Carmen at. F rnioutrs past 3 oclac t„ •rte . �1Lrrorido, husband and dal or��yZ� �• •a�: .,�} Wlfe, 14 e7 in my elfin•. and duty recorded i o�/,k^^''�� "known'td'lrip .f :h'ed9 at page $o�ht tha peraan s whose mine s are su$seribed to this within instrument, and nknowkdl;ed to ,A JOHN. BASTtDA nm Qgexeted the same. s, 1 they cu Ex -Officio Recorder __...__�=Ss''.�5�_�.,�<_`;7.G•!.�e_ Xtery liy_e Public Residing atBoise . Idaho Fees 0, Deputy, Comm. Expirae..�� L _ Mail to: ' From: Dean Briggs 208-345-2950 To: Brad Hawkins Date: 10113!99 Time: 4:51:08 PM Page 17 of 22 �a�. ,�� � ��ifi�cgr�C.uut"a�u�,�i !=�'�r`i��;<c�F>fS��il�.t„Yvtf 1tilJ„IJ';,ft.x� tl,trstrp tla0 ^r�lf NacCXrctI3. t zti. "�bout:tr(,tL�y �� GI. .�� ��` �Ilri ,�. 1 � -A,� �c t t Ia,n 1 fr r,a ' is °latpJt►t,�; tltt r3,p!rtfuf � 1p k 4.1 i t,ri al„rn ► Trttr: Irritt+iIt gn i l ilf3 3 t 1y 1+ ,sSt} rr r# .l ! t 9- Ll I.- J �'3 x+l i f1r IltJ f h tY 5�t i r ut �1 f, fl. )• i. ,(r Lo...,t 1,,ttrlll ” LGnlfCti ftnt(,lti��� 71r�3 �c�,� ili, tt,� 1'Mr ! i ri- 1 '(1rt.t7s� 0p L_htr $n til; tttc t�rly lan1111td tx': xt tkli< 1. 1/. ofriJra:`(Vld 1/+ tFfi=tEtinti67 2ti r 1 ,,,•C11ta1S."r �it,ilth [l�''l;l;•ii9""'�.(�h L Z jtEi S.r .(rt"} �tgrg 11rr �aatl.Wt {ttirly �oytt�,l,�y ci,C . 1./AatX first*tlr.+l•1Ci Iir 3� a�riinG ++r4It1I;..'far�.'ya+t}L�twi_SL �orycL vl' CIrC h:iii; L 1%2`at 11rr:. tJIJ 4 .uf '4tJttit lC t[iSni;p(-.1 i ifl.co f t ! h l iaul: 1 hr 5tx,{ lu r I -y e tlai i l:/2' of il+ t1►•1 ;Ilr n! •Sr t i:ntt 16 14i i }++'�iar4 �urrtt ttl, .:L'ltz '5�.uL'U�1sfi' corticr of ' C[►c Sa'i!'' f. ti .11•Z oG r r. M4 1:14.v 01" +4't tan li; .f 1litenro tiu`i-1(1 �"U3'i7' S.1 ,t 1,71.1:9 lrn! a1f+nS; the 1'>+sLe[1} Goutiu.ary o:[ Che F iii K i./.2 oC, 'taicl t1td:'tl %/+ iaf ``;i4^M 10.1% 1 fa 6'ir. ;t p,� III alrciiee 'Na'rtar 83" M� 31." lin:;t le9q. 3.5 f oru I ,r n 1+n i nC ; L.Iit{i�ce tha!-th II'W.'1.7 lJr•r:r y[1:,.11 f.•,•t. aluru; ;t lief !�'c;leriy of ,tud l+antllcl "aa..1Ud.sirld FArt-orly 11,„lr,rlas of ilu• I: 1/7 ill t!tt• IN IA t,f het:l.iun 1t, tt+ thu <.�j'isiit,t'of.�x:.l;lsntng, c:u;u.pritt.inl; !11.41. a,.tt•tr, ,.�f,t,• „r Ifr:;,. OCT 14 199 17:09 BRIGGS Engineerinq PAGF_17 From: Dean Briggs 208-345-2950 To: Brad Hawkins Date: 10113/99 Time: 4:51:08 PM Page 18 of 22 �rlAir,. l WARRANTY DEED For Value Received Paid By An Aoeommodator Pursurant To An LRC S101 Exchange Edward 1.. Bews and Shirley G. Bows, husband and wife hereinafter referred to as Grantor, does hereby grant, bargain, sell. and umvey unto TLC .Properties - USA , LLC hereinafter referred to as Grautce, whose current address is Si5o S.W. Griffith Drive - Beaverton, OR 97005 the following described premism to -wit: SEE EXHID:r "A" ATTACHED HERETO AND HArF A PART HEREOF, To HAVE AND TO IIOLD the said premises, vhtb their appurtenances unto the said Grantee, his heirs and assigns forever, And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from aU encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, casements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from III claims whatsoever_ REREl1UESr Of Dated December9, 1998, ADA COUTY RECORDER ' FJEiB�N&Hly J. DAV o NAVARRO+�o� 0EPUT r,r,Nn FEE I" DE 16 AM 9,52 98 1 2 $ dura r n Shiricf C. Bews STATE OF IDAHO ss. COUNTY OF ADA ) On This day of December, in the year 1.998, before me, a Notary Public io an for said State, personally appeared Edward L. Sews & Shiley G. flews, known or identified to to be the rIoa(s) whose name(s) are subscribed to the within Instrument, and a edged to me that they ,ted t same. ctr4Nrrttrtc+rrr otaryPablico daho '•,� Residing at 60 i62 99 yr �0p+grCr,' Commission expires: '15-" First American Title Company of Idaho OCT 14 '99 17:10 BRIGGS Engineering PRGE.19 From: Dean Briggs 208-345-2950 To: Brad Hawkins Date: 10/13/99 Time: 4,51:08 PM Page 19 of 22 A'parcal of land located in the salt half or the Northwest quarter of section 14, Township 3 North, Range i Rest, Noise Meridian, Ada. County, Idaho, being more particularly described as followst Cosmencing at the Northeast corner of the Yorthwest quarter (North quarter corner' of section 16, Township 3 Borth, Range i East, Boise Meridian; thence south. 0.13001" Bftst, 1,1.60.81 feet along the East line of said Northwest quarter to the RzAL POINT OF 2201 UNG of this deseriptionj thence continuing south 0°131010' East, 1,496.00 feet to the center quarter corner of said section 14; thence Borth 89023033" Vast, 569.22 reit along the south line of said Northwest quarter to a point; thence North 0°21'56" Vest, 1,496.06 feet to a point, thence south 69.23133" Nast, 373.10 feet to the RxxL POINT Or NRGIxviNa. OCT 14 '99 17:10 BRIGGS Engineering PRGE.19 From: Dean Briggs 208-345-2950 To: Brad Hawkins Date: 10/13199 Time: 4:51:08 PM Page 20 of 22 OCT 14 '99 17 11 BRIGGS Engineering PRGE.20 From: Dean Briggs 208-345-2950 To: Brad Hawldns Date: 10/13/99 Time: 4:51:08 PM Page 21 of 22 St�uGh-,:g9 ice =reeCtlO'1 ., 'Sbut2e�rly scl, therioe ` CBeCCyOA ]N and %Che , ,:POINT; :rinui�g ..cu,a;pvinc:on; cnE.gwrcneriy.rgrw:,o�-way. oz,•1nLerscaLe: _ -84, thence Nortri :85 "degrses`;:45{T0Awest 436-4:6 -feel to. an angle' paint in the-NorChazly rghC of-viaj! of InterstaEe .94.; . theticE:; 9t+uth 89. degrees A9'3!8° West 7443 feet to, an angle point in tk�e' Nditi;iy might of way: of interstate 84p t'hence North 46-. degas s 13 8" West 142. ;42 feet (f;oraier�y .141:.43 eat s f;tiv an aingle point in the -Easterly right=of-way of S :8agle iigad. thence-' Nort31 0 degrees 50' 3&`" West, 394 �1T feet ` to an. angle- point in the Easterly right Of':_ay,of S. -Eagle: Abaci, .thence South 89. degrees 03'24" kiest 5 Ob. .feat to -an angle point in the.':SagChfly -wa.y:of S_ Eagle Road; thence along said r�glat.-of=way•on.-.a curve to the right 43:2.62 €eet;,:::said alive having a radius of 5659. S8 feet, a central angle of 4 degrees 22147", tangent of 2Xfi.:4 ,feet and a.chotd of 432.52 feet which bears Nort3h.01°degreea 16!470 East to a. point of reversed curvature. in the Easterly right-of-way of S. Eagle Roadthence.-along said right-of-way an a curve to h -left 3'42.87 feet, said curve having a radius of."919-9:58 feet, a Central angle of 3 degrees 23'14 `i:=•'.` ::. tarigoilts 'Of 171.48 feet and a chord of 342.82 feet OCT 14 '99 17:12 BRIGGS Engineering PRGE.21 From: Dean Briggs 208-345-2950 To: Brad Hawkins Date: 10/13/99 Time: 4:51:08 PM -A\ �T1'i1C2i ���� lY�0Tt3'1 bI >�C1 OCT 14 199 17:13 BRIGGS Engineering PRGE.22 Page 22 of 22 OCT 14 '99 17:21 BRIGGS Engineering PAGE.05 From: Dean Briggs 208-345-2950 To: Brad Hawkins Date: 10/13/99 Time: 5:15:42 PM Page 6 of 19 - " Isrr'7k8 jra4ii bf Cite"O�ttkt Qiart7r . s�3pi 3 North, >� ewe 1161ee W Livan, .Alla Cau �*. I�ahcs, ;1Y3n9 ;ki orh gf1 i3seretat� B4, Saar tine �fdgtit # f$sYgIB Dad az at S040eY XY ands astOrly of iB ifiA�t SDS4t1,`ing~in8*e `pa`rtituly described $d1 ,0 s � cGB�Zx �t ,7rf'#te. -Nest Qu',a►'3rtez` cortiex �o�' �ectian:l6, - - ,r Fgrt2t,; JtaY�ge; 1`astsg Boise Meridian, thence 1vorF2% t#egrer�8-30'5r,iijast 1321 35:Ffeet .to t3ie;ritersection_: of . they FieAlin die ref said flection 16 and the Southeiy boundx iof MOIaTVI7$ P}tRK �SUIIZV25ION extended;`; thence r South 89 tiecjisJ.3�'ls"_8ast'69 59 feet Cfi the #ersectzan tiff x t 'youth L ige of` N1014t,iB `I+ARR $1JBDTttYSION an$ the EasxeX y ra 1iC 4irf +vay n 3 agl .toad, T8E REAL P 3NT OF,°BEC3Awi_ jbf`= t�iie .deacripti8n, ;thence; oontliiuing -. South 89 riegress,=35 j 3S"..: Sabt :341 7 : Feeta theRout2@ast aofrier of. MON'TtTIg �AitR SUBDIYTSIQN, thezde North 0 degrees 20 17* Test 2::21 £set to the icrsection rjf: te:,aeterly Line 2+SONTVIJE PPii�B& fSUBDIVI51OIiEhe North ,Mdse of :said Soixthwest Quarter of the NorthwestF. Quartex.r thence South 89. ci(egrAe.26'31"' BasC 33B 32,reet to the-NorthesZ 1�Y6 corner of gaid Se ion; lfi; ..theme - South 0 3261 37, feet along be East line E;sa d'9mst2iwes£ Quitter of the:Northw st.OuarteY tb al o�ttit h the Northerly right-R7,waj!: of 2nterdta.tO: North 65 iiegrees 45110" kost ,438 -46')t e e. to an 90g1� point in `the,-"siortherl y right of -way of Interstate 84; fiYi@nce South 89 degrees:>08 38,N Neat -758 53 feet. to an angle :point.. in the Norttiiy rx'ght of-way.of Interstate 14 thence NorCh 46.4egreteM.A. 59" Kest 342,42 ,feet (formerly 141.43 -f set to :an angle -point in Eiig Easterly•r-ight -of -way of': S Eagla 12oad,: thence North .0 �iegreea 50 36":Wee t'39h;4i.teet to an angle point Iii the Easterly right-of-way bf §: .6ag1'e Road;. thence South 89. do' rens. =09' 24:' Next .5, 00 -feat to an angle point i.ri;tho 8asterly right -.of -way :of S. Eagle Road.; thence along sand right of'Qay on*A:curve.to the .right 432.62 feet., %said' curVe.having: a radius of 5659.58 feet, a=: central.'�aitgle cd 4 degrees 22'.47" , tangent of Z36.42.rfeet 41nd a .6hord,of 432:52 feet which bears 246rtii;01 degrees.20•a7" East.. to a point of reversed cur -ti in -the Easterly right. -of -way of S. Eagle Road; ;thence along said right-of-way on a curve to the;left 34,2.87 Beet, said curve having a radius ofjS7.0.58-feet, a central angle of 3 degrees 2311411, tangent13:nf:171.48 feet and a chord of 342.82 feet OCT 14 '99 17:23 BRIGGS Engineering PAGE.OG 5:15:42 PM Page 7 of 193/99 Time: From: Dean Briggs 208-345-2950 To: Brad Hawkins Date: 10/1.--� OCT 14 '99 17:24 BRIGGS Engineering PAGE.07 From: Dean Briggs 208-345-2950 To: Brad Hawkins Date: 10/13/99 Time: 5:15:42 PM Page 8 of 19 AND assigns and conveys to Grantee all warranties .of title ronta>.ned_,1.n those certain Warranty Deeds from; David C. Allen to Equ�it S�e�rvice Inc. recorded February 1993 as Instrument No. �, o $ 4 s= records of Ada County, Idaho Donald E. Allen to E 1t Se v �ce�.ys Inc, recorded February 1993 as Insti:ument. No.� records of Ada.County, Idaho David C. Allen and Donald E. Allen as successor co-truSCees:of.' the Sntervivos Irrevocable Trust established under :the Cora -Campbell Allen Trust Agreement dated February 1E, 1979.:to•E ty Se is s ; Inc. recorded February 1993 as Instrument.No. records of Ada County, Idaho. }- SUBJECT TO: Easements, restrictions and conditions of:records.! TO F.AVE r`.. TO HOLD the premises, with their appurtenances Unto rhe Bald Grante=e, and Grantee's heirs and assigns forever. The Grantor warrants... that i aot previously conveyed the estat.z granted`,hereon" or anx right, r_itle or interest therein to any person other than the'_Grantee and that the premises are, at the date of execution. aid'.,delilvery. - hereof, free from encumbrances made or suffered -by the -Grantor, or `any person claiming through the Grantor. The .conveyance 13 Wl.thOL� athe.r covenants, warranties or representations except as expressly.atated ` herein. The officer wro signs this deed hereby certifies.' that this deed And he transfer represented thereby was duly authorized under:,& resolution=duly adopted by the board of directors of the Grantor at a 1:awfu:,,mee ng. duly held and attended by a quorum. IT WITNESS WHEREOF, the Grantor has caused its: co.rporate name:'to be hereunto affixed by its duly authorized officer,, this: 2e.�P ddy February, 1993. 3)8959 _$TjINARTTMIqTY sERvicPs INC. daho corporation ADA ur, J D^", lRRCi RECORD=, BY--� Treva Hamilton, President: '93 FEB `i Aft 11 43 ._:A z: .. _1A110, COUNTY OF ADA, ss. Cr, this day cf February in the year 1993, 'before .me the. ^.dersigned, a Notary Public in and ta,r, said State p.ers:onally__appe:ared Trevi Hamilton known tc me to be the President of thc�.corporation..ti�ia t exsected this instrument and the person who- executed .the Instrument°.on behalf o: said corporation, and acknowledged to me that.suchlcorparar executed the same. OCT 14 '99 17:25 BRIGGS Engineering PRGE.08 From: Dean Briggs 208-345-2950 To: Brad Hawldns Date: 10/13/99 Time: 5:15:42 PM Page 9 of 19 ri ORDER ,�� 92.035733.; JH - ' .. 'EXHIBIT -.'"A•. A par.eel of land bei -ng that portion --'of the Southwest Quarter Of tkie No�t hwest -Quarter_: of. 'Section• 16 ''Townit ip. 3 .North, Rang:i Sa�sC-.of the Poise Meridian, Ada County,:.idaho, Lying No 84 the =fight -of way. of Interstate 84:<, East of'the i .tight, 6f way, of .S Sagl'e° Road ;:and Southerly and'°Easterly of: NlONTifiFB �Ai K: SUBDIVISI.ON, >be irg more 'part:ic4 arly. described. .'-f o13 ours `.... - GOt+A1BNCTiiG at the e:Wes t Quarter; corner.of-Section 16, '£ownship 3: N4rt25 `'itange °i -East, Boase 'Meridian; : thence Nortt''0 degrees 30'52• West -1321 35 feet t.o'the intersection o£ .;the blest line of aid Section 16 and the Southerly boundary 'of `MO�E' PARK -.SUBDIVISION -extended; thence South':89 deg"tees 35'25' Bast`69 59 feet to the. intersection of `the `South "Line -.of MONTVUS• PARR. SUBDIVISION and the 8asaerly.r ght:-of-;way. of S. Eagle. Road, THE REAL POINT OFBEGINNING.of this description; thence continuing SouEh.89::degrees.35'25"<East 9.41.:72 feet to the Southeast comfier L of :MONTVUE-PARK SUBDIVfiSION; thence North._0 degrees.^20'17"=West 2.21 feet to the intersection of the Easterly line MONTVU19 PARK SUBDIVISION and the North line of said.gouthwest Quarter of the Northwest Quarter-; thence South:B9-degrtes.26:1ll" East 339.32 feet to the Northwest 1/16 corner of said Section 16; thence South 0: degrees:211560.East 1281.37 feet along the East line of said.Southwest Quarter of the Northwest Quarter to a.poi-nt on the Northerly right-of-way of Interstate 94; thence North :85 degrees 45'10" West 438.46 feet to an angle point in .the Northerly right-of-way of Interstate 84; thence South.89 degrees 09138" West 758.53 feet to an angle point in the Northly right-of-way of Interstate 84; thence North 46 degrees 13'58" West 142.42 feet (formerly 141.43 feet) to an angle pointin the Easterly right-of-way of 'S Eagle Road; thence North.0 degrees. 50136" West 394.41 feet to an angle point in the Easterly right-of-way of S. Eagle Road; thence South 89 degrees 09'24 West 5.00 feet to an angle point in the Easterly right -.of -way of S. Eagle Road; thence along said right-of-way on a curve to the right 432.62 feet, said curve having a radius of 5659.58 feet, a central. angle of 4 degrees 22.471, tangent of. 216.42 feet and a chord of 432.52 feet which bears North 01 aegrees.20147"'East to a point of reversed curvature:in the Easterly right-of-way of S. Eagle Road; thence along said right-of-way on a curve to the left 342.87 feet, said curve having a radius of 5799.58 feet, a. central angle of 3 degrees 23,1411, tangents of 171.48 feet and a chord of 342,82 feet OCT 14 '99 17:26 BRIGGS Engineering PRGE.09 From: Dean Briggs 208-345-2950 To: Brad Hawkins Date: 10/13/99 Time: 5:15:42 PM Page 10 of 19 OCT 14 '99 17:26 BRIGGS Engineering PRGE.1O From: Dean Briggs 208-345-2950 To: Brad Hawkins Date: 10/13/99 Time: 5:15:42 PM Page 12 of 19 OCT 14 '99 17 28 BRIGGS Engineering PRGE.12 From: Dean Briggs 208-345-2950 To: Brad Hawkins Date: 10113/99 Time: 5:15:422 PM Page 13 of 19 r '92 JON 27 RPl 1146 TO HAVE AND TO HOLD the said premises, with their ut)purtenancet :uirto rlic said Grants th iz heirs and assigns rorever. And the said Grantor (Wes altivhy tovettaot fo> with the said Crantez s that .Ate is owner in f¢e simple of %aid prenj'iSCs that-,tltty tic:: riom all incumbrances except current taxes and assessments f6,r the >year 1 and that the y will warrant and defend the smite from all la.wl'ul claims wh•ttsitcvct. Dated: November 27., 1978 STATE OF IDAHO, COUNTY OF Ada .. t n n this /�/jQ day to '] e, before me, a n aryjo pu tic in and for sai Stntc, peiannaily- appeared :'� y; bYYlkfC. Larrondo, tgle woman ��t�•(rr,t' known to one to thieOKoa whose p3110 1S iUifi ribtWtn t b within instrument, and acknowledged to me,tFit�•...,-.• : a executed the same. otAry Public Residing at , Idaho Comm. Expire Boise ` Mary C. Larrando OCT 14 '99 17:29 BRIGGS Engineering PRGE.13 From: Dean Briggs 208-345-2950 To: Brad Hawkins Date: 10/13/99 Time: 5:15:42 PM Page 11 of 19 _............ ........................ .. OCT 14 199 17:27 BRIGGS Engineering PAGE.11 From: Dean Briggs 208-345-2950 To: Brad Hawkins Date: 10/13/99 Time: 5:15:42 PM 30`.;1[4':.0{Seo.N. q:?I''7':3N., 1y r'l�iec�i6pd• a� ia3ldw's s ��r� ► � x���r� s fig` L14 --4f,-t of " kC't91`r�` 2y1�i 5x� r� a y x ( p wit �E 2 � w?�+ # bex B oit& Chtt NRfither� y ;boctndary uE'.. the X. 0 5 �. b po3ni, gat iylt so ;tho coziterline of ©F' BSG1Nk 0 s Toni S C; , y 0S t�'�"V7 aF 1Ob 00 feet:. lRu4 'tlie 'said Norther`1y e1 bIilron .i6 to s pi t-; Y��Eli9]r5 9� EeQt aiang':s lina Westerly'.of and parallel —.�01. e � r t a ai i►B�/.4 sof. Elie: NW i14, Section 16 to a .titf-f fC3 n e A32 Sk £eet and of aX�gg' a" line .Tf4'terlp BarAllal ul }� 16E tke }z 1/4 bf tltq NW 1/4' of Section 16 to the paint >?�6s :eoaca Skntest, mote :or fess. � i r fit r OCT 14 '99 17:32 BRIGGS Engineering PRGE.14 Page 14 of 19 From: Dean Briggs 208-345-2950 To: Brad Hawtdns I__ n Date: 10/13/99 Time: 5:19,AQ PM bZv } yY: iiir i9Get<S pp�p C3J� .hv i ID�ttQ - DEED'Ak Ft3\�TYfi, made the 31st' day of 9t between *j lttt, Sed y of S?eterans:-:rs :fin -Officer at the -United States of America, ivhose address is X'eteran3 ` } ?htttll�trarionTi§1,bto^ton, DC' 'Oi�0 ;thc pam• of the first Tars, and Lyle E. Bair, whose addresS stMINK.T: ? [tTc art Road Meridian, ID- 83bb2 e; 4k and Leslie H. $air, husband and of+ ; cdAtttY::'of Ada wife �« , State'of Idaho B3642 �� o� the secaatd Parti: �i, tiri the saiii party of the fiest.paFE for and inconsideration of $10.00 and other cpood `fid valuat�l� mns�aeiat�ot � - . i - b >lfe:rrcetpt yt$erV. ytherebY" cl;itoaledsed, has granted, baigaine3, and sold and does by these presenls:grant, baTgattti; sell-cdaVey and ottfi;;n unto the said.,paitl� of the second part, and the heirs or successorsand assigns o� the , ; df the:second pari, forever a11':the ioilocving-described .real estate situated in State of id.aho, bounded and parttcularlg ctegc. nbed ns-foifbw3;:ta OCT 14 '99 17 33 BRIGGS Enqineerina Pnr,P iCz Page 15 of 19 rrom: uean Briggs 208-345-2950 To: Brad Hawkins Date: 10/13/99 Time: 5:15:42 PM w 4. <. E$FiTHIT "A"i' - Ee:ginging ac the 'Northuartex corner of Spee>siQh Lj North R q : p�r.ge• 1 Eaf?t Boise Merida, t.h a at e S-muth on the East boud Sec zoo, #+ arY of Yhc 7io3t1tsts �z�ti�o-i A d:.is tenor 'of 938 91:::fe sr ro' ap T>zo N.Orr th 85'20.` Rest, a Al. of 235.fl0 iter tp South. aide o.f:a. rok.or¢tO 1 ,ned .irxig tirsn d is marked b'y ?n'r�u-Eot,"i•n thea:eoncxete, N:ad an iscn pipe set in the .g,roand' .� 7•:Fe�i-,Soutb<, thence IRorth, a. distance of 9Y2.:9'7 f,* t.t., pipre or. lege;' to'' bqund.asy. of said 8q',cYioq i6, ,ti►�=4n Sovth.'89°15' .Fest on sYf:d North:eTfx ltbls�E84p aydiat £eet, more or lcsT.�.,Co the'1'0i1i AYGMNa EXCEPT a s'tY:ip of 1a'ad- fo.r .gubli,c. rsg4►t=of Korth.vest quarter of Itect.io�n,2(s,..3�oyrisp_7 Nbrb, Hois* Her idiaa, Ada C, .4 sb:E , ..ida:ho, mar"ea:rC uTawt'1. fol laws E-egiaaing at the fTort'h quarter .corner. of S c North; Range 3 Ra'gE Na s, a. Rson 16. South on tht East b.ou'ad'�sr' of iYf3ig. :;:tone Section y f fltti Nottbvt6l.,,q �. a. dista•orca of �0': fRet t`g si pox North 89 3'S 14 Nest, a diata:'#1ce thence ff_L North, a distant* of 40fee.L, more of ••1.etit:, :tarat:;_e_h Of said Section db; tlf,en`.ae South gg'35'14" East on *Aid North bounde.r. a..:df t}a : f*et, more or 1*ss, y-; to the POINT. 8EG.2NiV.ti6n •:w EXCEPT ditch sad road rights .=±qf-gray,. OCT 14 '99 17:36 BRIGGS Engineering PRGE.16 Page 16 of 19 ZZ 3 5} .r434 S} _ ,x:"�= �y 4. <. E$FiTHIT "A"i' - Ee:ginging ac the 'Northuartex corner of Spee>siQh Lj North R q : p�r.ge• 1 Eaf?t Boise Merida, t.h a at e S-muth on the East boud Sec zoo, #+ arY of Yhc 7io3t1tsts �z�ti�o-i A d:.is tenor 'of 938 91:::fe sr ro' ap T>zo N.Orr th 85'20.` Rest, a Al. of 235.fl0 iter tp South. aide o.f:a. rok.or¢tO 1 ,ned .irxig tirsn d is marked b'y ?n'r�u-Eot,"i•n thea:eoncxete, N:ad an iscn pipe set in the .g,roand' .� 7•:Fe�i-,Soutb<, thence IRorth, a. distance of 9Y2.:9'7 f,* t.t., pipre or. lege;' to'' bqund.asy. of said 8q',cYioq i6, ,ti►�=4n Sovth.'89°15' .Fest on sYf:d North:eTfx ltbls�E84p aydiat £eet, more or lcsT.�.,Co the'1'0i1i AYGMNa EXCEPT a s'tY:ip of 1a'ad- fo.r .gubli,c. rsg4►t=of Korth.vest quarter of Itect.io�n,2(s,..3�oyrisp_7 Nbrb, Hois* Her idiaa, Ada C, .4 sb:E , ..ida:ho, mar"ea:rC uTawt'1. fol laws E-egiaaing at the fTort'h quarter .corner. of S c North; Range 3 Ra'gE Na s, a. Rson 16. South on tht East b.ou'ad'�sr' of iYf3ig. :;:tone Section y f fltti Nottbvt6l.,,q �. a. dista•orca of �0': fRet t`g si pox North 89 3'S 14 Nest, a diata:'#1ce thence ff_L North, a distant* of 40fee.L, more of ••1.etit:, :tarat:;_e_h Of said Section db; tlf,en`.ae South gg'35'14" East on *Aid North bounde.r. a..:df t}a : f*et, more or 1*ss, y-; to the POINT. 8EG.2NiV.ti6n •:w EXCEPT ditch sad road rights .=±qf-gray,. OCT 14 '99 17:36 BRIGGS Engineering PRGE.16 Page 16 of 19 From: Dean Briggs 208-345-2950 To: Brad Hawkins Date: 10/13/99 Time: 5:15:42 PM 'I- -0 r "Qn Exhibit STAR 'Jor, IDASOr Ct)LTNTI' OF :A _ at a4isea, hez;:t'o ,and: b� T-—Ortnce made a part hereof; 1 a To'"her w3ih all aund sinqut.tse tenements, !e ifidlsr e�.iit�tn� an$ appt�teraanees titeretlnto b�lC�rrgldg D]G.: iz} arise : apper-taini:ng; •'a.Ale for eieo:d r�eCt -tO ail aasntand tights of way r af::,>rects1 css .;aPsering :gin the land;, at Ex ui e8`°fro0 }rt *arrajtt e'g hereinafter act fortis are 4:= warzantigs as Lid tielxati:art of the exterior boundaries ## 41 Og ,ths petty.<cpireiet} hesby,..it being understood that the 6raYiteee sire r±l in Y 9 `uP.ih'eozi iz :own survey ; �r , P Ta k °AND Tfl NdI;D 3hr,said , dull remylwt in -p;cchmm, with their appurtenances unto the said Granteas., Kett$;alt$ atsigt�s foftwr the said Grentor does hereby covenant to. d the tse zth8t .8 he" r g; ig owner in :fee:alittple of said premises; that they ate -free ,' eatcept, eytrr+§nt tfsx0s .and :assessments 1 SDA for the year 1. A ' artd khat they xnll warn i and.deierW. the same Froin al} lawful claims whatsoever. I9a?edr ,, �7ovember 27 , 39.78 r //. B•.r `M rY G'. Lmrrondo OCT 14 '99 17: 3'i Olt t STAR 'Jor, IDASOr Ct)LTNTI' OF c !e ifidlsr L •'a.Ale for eieo:d . v r 4kr ,,egwst,et .Aft- at ## 41 t 19�Aa7 of la'Isy sic, sed �r , �` • wee w,ne is , dull remylwt in r oarledWto,.1OH 1 SDA �s�t �raa aMIL r //. B•.r BRIGGS EnainPPr; r Page 17 of 19 From: Dean Briggs 208-345-2950 To Brad Hawkins Date: 10/13/99 Time: 5:15:42 PM btr t xM, .ter �. .7'� �' •a,? �Y� T'' 3x r �`� d'+ � r w .F.. n�x74 �� f� � _.}. -Y ''' h'�SyF { � 'aaf ,� i'� •' (ydS h.%' J +N ' s.,�,t.: 'J+i a�'"r'' x@,YT�- ,t,v}` '�.�'i',arc.+,�re)•�'ra a"*•i y" .+�.b'. s ,.. ........ EM A. ikslv r '.g.�. sr���� � Ftt4"N5 �^Y✓� °� F tl r,,:� ry •* ,w '� 3 VN:,'' y L j ft`,y '>.�' 5� rC k •Vx t- a VA �� ''w �Yf q S1 s �L'.iaaK ��r { F�l. 1 L• ,. � ",. si. k M <r ,r , ige$3 fn" ifea{7�4 arvte V 5etton 26 '1 3 ag s �r ruaad nore`partiea]�ri..,.� of ,a, r Wx rY �rtbed �.s fo�lciv5 y .� �. i i- '�, � w ?tet • Y & ��'' 1 �ti � �� # E f zfi y acOzaei o� tine said ::N 1 jR 'of zb VM. U. ria ��t y � apai4.,ti, a r ret:altsn& the7iorCheri.isout}da'ry of 'the k-Aj r i ►' Lb wbfoh. is g:lsn the cattretlin¢ .of x t, 1 e pol3rl :oF,s? #asrri c, Wtst 161150 feet *-Long the :saki NaTttiexly =gtru� a tie{,� ofY�he avl}/ alE; sac�on :isW a .point; s, , th�pde 5oittib t1'EFR�37'i Esgt9O4 75' Esc to t`hE lsCgt n8. 4, line 0esta..rly of and parallel Ah'g c ,axl.:nf ehe_,; 1�E T�6 9P..the NW 'i/.:of Seatioa 16 to a f " Lha 5pu�h 8;4`2L� .7Y' ^ ' gteE 164,p�. flet` to a .pc>isit,. .90-levt along' -a'. 14we Westerly of a'lid p, rallef FIIb said.EagtpCi boun+ei Y prf Lhe of tits NW 114 of 5e.et3oa 16 to tlle point 4 of :ba i#�nfa , camp 3s a '9, Z .att� 9 more 4r :iess:. EXHIBIT A .... ........ OCT 14 '99 17:39 BRIGGS Enaireerirry oner, AI Page 18 of 19 sewn unggs 208-345-2950 To: E311d Hawkins 11^y Date: 10/13199 Time: 5:1�Pm 3 I IN i R 4, ........ .. iv M % Z-; rmftj& NO,nd "S MIMIa., _1A ,04 "D single Person ;lle Cr "tee ' --�7-as 1448 Nor 00P xe Z_ 't$e,iiaha 8370 Z _.";h" t6i I, % - A -.-,--OA J-6?'u of.the Northeast quartei z0v Range I [he:Northwest CaAarly'desia. . ri .. b ZO Act" Vtnging at. the Nott $oiSe Maridfa hV eatd J pxnet.o.f..$ecCiosl q., —ow, North, h '1119 -6111� N Idaho; thent. q., Ilan 1_1 'a e c, .line to,. a_ 6ut-111-8.9 -de -d' Tees i5' , :tnet two feet to.* b I XtOe-t 06 tVoin C f1j. alSt '06 2.5 f e real Pai It of. P6 nt�; - . . �? en 6je _Sb ij t ._rr.18at -1 1 ­ - be tinIng r 'IPA laterals a 'di thencd- gouth. 7.9 eat - d egriplea 141 a istance of f �li%t'iio faet to a a a t- 6Y1c0-',N*.rtb. 8.0 feet to Aegrees 15 a p 't. Mort 0 t es Is. feet On 'the Xort:h-s6c more. or less, g.o .the 'real poil%t on* 0 f .8 the 1qortft.'. right of i,, ..ay.. 6r -prank1in goad 0 Ct and u-tilitiei taaxements a the North, and Na In& MP8�Mer4 PQ Oaid described prop ' t Said parcel- 1colita­ d" ar y.. 4AIng I i3 IIIJECT TO- that acres, more or 1,,a. Larrobdo, TrusteecqPtain' Deed o ... f Trust dated 9-7, as .1i) Pioneer �fjt -72; Grantor Title COOPBny; Beneficyary United Of Rith d: 9-14-72 ted F and First Federal. -g the said premises, l.ith eo Raid Grantees assigns f-re'l-1. And the Grantors their heirs and a Theirappurte and, with. the to q.premises a are the owners in fee simple of Raid P) that t hey nrors x record, are free from 411�0ncumbrance., a. Ce said pie Is and general tax and irrigation ... PC reservations of tectird, ".4. Yet due and Payable. assessments for the year 1979 are not and that t lie V, Y Will warrant and defend tj,,,,amL P', awful cl:rirns wh Dated Apr J 1 16 1979 A;de. A I i[arrord 0 Larron_� STATE ()'� lr)"0- COUNTY ov Add XI AM (.)F IDAHO. ()F R. �q On thio 16 thdo before yne y of Apri I t"byr"rt"h' that thi-,t,nNtrument w4131,114.d.f. n notary Public in and for said &in(.. '_hevquL,&L:,f rerd appeared POL'alb, "'!UNIER VILE J ­ 14 '99 17:41 1N.jarrondo and Darlene D. "e, -u,t't �C' minutes past 0 , clock.? day of i, known fo 1pe"! undo', husband and wife i., Illy Office. and duly I reco,sed in oak Ae uh" n s %,lie Ser»mes Of 140(le.4 aL Pilge trument, f me that co­ And acknowled""i j 0 Z-1 executed the came. pffi RVe der 16he esi idhK ;t r' is 3-15-80 s ,la Co vies" 14 '99 17:41 1N.jarrondo and Darlene D. "e, -u,t't �C' minutes past 0 , clock.? day of undo', husband and wife i., Illy Office. and duly I reco,sed in oak Ae uh" n s %,lie Ser»mes Of 140(le.4 aL Pilge trument, And acknowled""i j 0 Z-1 executed the came. pffi RVe der 16he is 3-15-80 s ,la M,til to: p1ONEER TITLE COMPANY ADA COUNTY Boise, Idy 110 YV- -010'30n St Ih,837C2 2gq�36 _6 Representing pioneer NationalTitle Insurance 1, fy 9, y RP T rrQ r - page 19 of 19 1 C9 ►�c ICARQEC -REQUEST 0 Gc1L,IT RECORDER V EEE_0EPUTY_ N21MY 13 r;I 101048096 FILE COPY This sheet has been added to document to accommodate recording information. DEVELOPMENT AGREEMENT — TOUCHMARK OF THE TREASURE VALLEY, L.L.C. (MAY 1, 2009) 4 > DEVELOPMENT AGREEMENT 04-10-00 Revised 01/23/01 PARTIES: 1. City of Meridian 2. Touchmark of the Treasure Valley, L.L.C., and Oregon limited liability company THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this S7, _ day of _ 111 a-0 , 2001, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and TOUCHMARK OF THE TREASURE VALLEY, L.L.C., AN OREGON LIMITED LIABILITY COMPANY,"DEVELOPER"/"OWNER" whose address is 5150 SW Griffith Drive, Beaverton, Oregon 97005. RECITALS: 1.1 WHEREAS, "DEVELOPER"/"OWNER" Touchmark of the Treasure Valley, L.L.C., an Oregon limited liability company, is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Developer"/"Owner" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Meridian City Code §§ 11-7-12 and 11-164 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Developer"/"Owner" has submitted an application for annexation and zoning of the "Property" described in Exhibit A, and has requested a designation of Limited Office District (LO), (Meridian City Code) Case No. AZ -99- 0021; and 1.5 WHEREAS, "Developer"/"Owner" has made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of DEVELOPMENT AGREEMENT - (AZ -99-0021) -1 government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the --I � _ day of _AVri 1_, 2000, has approved certain annexation and zoning Findings of Fact and Conclusions dLaw and Decision and Order, Case No. AZ -99-0021, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, both the "Findings" require the "Developer"/"Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning and zoning designation; and 1.9 "DEVELOPER"/"OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer"/"Owner" to enter into a development agreement for the purpose of ensuring that "Property" is developed, and the subsequent use of the "Property" is, in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning and re -zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT - (AZ -99-0021) - 2 3.2 "DEVELOPER"/"OWNER": means and refers to Touchmark of the Treasure Valley, L.L.C., an Oregon limited liability company, and its successors, assigns and affiliates, whose address is 5150 SW Griffith Drive, Beaverton, Oregon 97005, the party developing "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to Property, owned by Touchmark of the Treasure Valley, L.L.C., an Oregon limited liability company, 5150 SW Griffith Drive, Beaverton, Oregon 97005, which is that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses and development allowed pursuant to this Agreement of the subject property shall be subject to and pursuant to those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code § 11-7-2 G which are herein specified as follows: (L -O) Limited Office District: The purpose of the L -O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to c reate noise, vibration or emissions of a nature offensive to the overall purpose of this District. The LO District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. With the further restriction that all uses and development of the subject real property shall be governed under the conditional use permit process as a Mixed Planned Use Development. For the construction and development of continuing care retirement community comprised of 250 to 300 units of independent and assisted living, 450 units of residential including single family, duplexes, multi family and townhomes, medical office parks, commercial and retail businesses, and a community senior health and fitness center. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT AS CONDITIONAL USE: "Developer/Owner has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, DEVELOPMENT AGREEMENT - (AZ -99-0021) - 3 provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property". 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Developer/Owner" shall develop the "Property" in accordance with the following special conditions: 6.1 As required in the Comprehensive Plan for Mixed/Planned Use Development areas, any future development on this parcel will be required to follow the Conditional Use process. 6.2 The following landscape buffers shall be required: 50 feet minimum along I-84 (will allow an 8' berm at 3:1 slope) 35 feet minimum along Franklin Road beyond required right-of-way 20 feet minimum adjacent to the Montvue Subdivision 10 feet minimum adjacent to Edgeview Estates Subdivision (beyond canal easement). 6.3 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project, and unless a variance is suhsequen dy so ugh t, and approved, existing irrigation/drainage ditches must be tiled. 6.4 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 6.5 Off-street parking shall be provided in accordance with Section 11-2414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 6.6 Paving and striping shall be in accordance with the standards set forth in Sections 11-2414.D.4. and 11-2-414.D.5. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 6.7 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. All site drainage shall be contained and disposed of on-site. DEVELOPMENT AGREEMENT - (AZ -99-0021) - 4 6.8 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2- 414.D.3. 6.9 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 6.10 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9- 606.B. 6.11 All construction shall conform to the requirements of the Americans with Disabilities Act. 6.12 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 6.13 Run-off is not to create a mosquito breeding problem. 6.14 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 6.15 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer/Owner" or "Developer/Owner"'s heirs, successors, assigns, to comply with Sections 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer/Owner" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" to which the default applies subject to and conditioned upon the following conditions precedent to -wit: DEVELOPMENT AGREEMENT - (AZ -99-0021) - 5 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer/Owner" and if the "Developer/Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer/Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Developer/Owner", "Developer/Owner"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated with respect to the "Property" which is in default by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Developer/Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer/Owner"'s cost, and submit proof of such recording to "Developer/Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer/Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer/Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy DEVELOPMENT AGREEMENT - (AZ -99-0021) - 6 provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer/Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements required in section 6 of this agreement, which the "Developer/Owner" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer/Owner" agrees that no Certificates of Occupancy will be issued until all improvements required in section 6 of this agreement are completed, unless the "City" and "Developer/Owner" have entered into an addendum agreement stating when the improvements required in section 6 of this agreement will be completed in a phased development; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements required in section 6 of this agreement have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Developer/Owner" agrees to abide by all ordinances of the City of Meridian and "Property" as the case may be shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT - (AZ -99-0021) - 7 CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Touchmark of the Treasure Valley, L.L.C, an Oregon limited liability company 5150 SW Griffith Drive Beaverton, Oregon 97005 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer/Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer/Owner" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. DEVELOPMENT AGREEMENT - (AZ -99-0021) - 8 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer/Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer/Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change, addendum or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment except that minor modification(s) of required improvements provided for in section 7 may be approved by City Public Works and Planning and Zoning Staff, if such changes are required or preferred by Ada County Highway District Staff. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT - (AZ -99-0021) - 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. ATTEST: - "--A4ZP-1 BY RESOLUTION NO. DEVELOPER/OWNER BY: -- A,-' ,-/ ,. A _--------------- Touchmark of the Treasure Valley, L.L.C, an Oregon limited liability company CITY OF RIDIAN MAYO OBERT D. CORRIE `14��St +jrrrrr Of r'r•.� 1� w � SHAL U , DEVELOPMENT AGREEMENT - (AZ -99-0021) - 10 STATE OF OREGON :ss COUNTY OF 1ar bn OFFICIAL SEAL CHRIONE N. BRAVO NOTARY PUBLIC -OREGON COMMISSION NO. 328652 Ow COMMISSION E)PRES OCT 31, 2003 On this —�.�'} day of _—M_ A_._� ___________- In the year 2001, before me, a Notary Public, in and for said County and State, pe onally appeared Werner G. Nistler, Jr., President of Touchmark of the Treasure Valley, L.L.C, an Oregon limited liability company, known or identified to me to be the persons who executed the instrument and acknowledged to me that they did execute the foregoing instrument on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Beaverton, OR this It day of , 2001. (SEAL) Notary Public:_�-J—rt '��'1�w.6-f My Commission expires:_A01-ems____ STATE OF IDAHO ) :ss County of Ada On this 5____ day of leain the year 2001, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Meridian, Idaho, this_L' „� of ___YVIO-M_, 2001. UGC. (SEAL) y'�:; OT' i' 7 e, Notary Public for Idaho: `tNa______ a Commission expires:q—Zoo-b%__--_____ •cxi�� ��� � Q msg/Z:\Work\M\Meridia?,Meei,dia15360 46T 'hmirk Living Centers\DevelopAgr A� i2)� 6� 19 ".'O DEVELOPMENT AGREEMENT - (AZ -99-0021) - 11 Exhibit A DESCRIPTION FOR TOUCHMARK SITE November 21, 2000 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., thence S 00°13'01" E 40.00 feet along the west line of the NE % of said Section 16 to a point on the south right-of-way line of Franklin Road, the REAL POINT OF BEGINNING of this description; Thence S 89029'19" E 1351.22 feet along said south right-of-way line to a point on the east line of NW % of the NE'/4 of said Section 16; Thence S 00°06'30" E 518.08 feet along the east line of the NW Y4 of the NE'/4 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 82'1 T38" 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 33'16'a7" 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 13°46'18" 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; 980601 Vouchmark. des.rev Thence N 89043'13" W 530.52 feet along said northerly right of way to a point; Thence N 00°19'45" W 23.85 feet to a point on the south line of the NE'/4 of said Section 16; Thence N 89023'43" W 673.14 feet along said south line to the southeast corner of the NW % (the center % corner) of said Section 16; Thence N 89023'35" W 625.37 feet along the south line of the SE'/4 of the NW % to a point on the north right of way of Interstate 84; Thence N 85°44'30" W 25.58 feet along said north right of way to a point; Thence N 00000'00" W 1024.38 feet to a point; Thence N 44054'04" W 430.35 feet to a point; Thence N 89°26'11" W 738.37 feet 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 00°20'17" W 1287.16 feet along said east boundary to a point on the south right-of-way line of Franklin Road; Thence S 89°28'47" E 337.68 feet along said south right-of-way line to a point on the east line of the NW'/4 of the NW 1/4; Thence S 00°21'56" E 456.25 feet along the east line of the NW '/4 of the NW '/a to a point; Thence S 79°29'58" E 117.09 feet to a point; Thence N 00021'56" W 476.55 feet to a point on the south right-of-way line of Franklin Road; Thence S 89028'47" E 1003.79 feet along said south right-of-way line to a point; Thence S 00°13'01" E 882.87 feet to a point; Thence S 85031'47" E 235.00 feet to a point on the east line of the NE'/4 of the NW 1/4; Thence N 00°13'01" W 899.06 feet along the east line of the NE'/4 of the NW % to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 135.12 acres, more or less. 980601 \touchmark.des.rev EXHIBIT B A7r99.0021 Findines of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT - (AZ -99-0021) - 14 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF TOUCHMARK LIVING CENTERS - JOSEPH A. BILLIG, THE APPLICATION FOR ANNEXATION AND ZONING OF 157.876 ACRES FOR TOUCHMARIC, LIVING CENTERS, LOCATED EAST OF ST. LUKE'S MEDICAL CENTER, MERIDIAN, IDAHO Case No. AZ -99-0021 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on April 4, 2000, at the hour of 7:30 p.m., and Brad Hawkins - Clark, Assistant Planner in the Planning and Zoning Department, appeared and testified, and appearing and testifying on behalf of the Applicant was Becky Bowcutt, Bernie Neal, and Steve Bradbury, and appearing and testifying in opposition or with comments or concerns were: Richard Willis, Glenn Griffith, Natalie Fuss, Trisha Griffith, Forrest Kerns, Jeff Fuss, Wesley Hoalst, John McCreedy, and Chuck Gearsdorf, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARK LIVING CENTERS - JOSEPH A. BILLIG (AZ -99-0021) Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for April 4, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the April 4, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code H 67-6509 and 67-6511, and Meridian City Code H 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY TOUCHMARK LIVING CENTERS - JOSEPH A. BILLIG (AZ -99-0021) current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 157.876 acres in size and is located east of St. Luke's Medical Center. The property is designated as Touchmark Living Centers. 5. The owner of record of the subject property is the Touchmark Living Centers Inc., Beaverton, Oregon. 6. Applicant is Joseph A. Billig, of Touchmark Living Centers. 7. The property is presently zoned by Ada County as R-3 C-2 and R -T, and consists of bare land. 8. The Applicant requests the property be zoned as (L -O) Limited Office. 9. The subject property is bordered to the north, east and west by the city of Meridian, and to the south by the interstate I-84. 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY TOUCHMARK LIVING CENTERS - JOSEPH A. BILLIG (AZ -99-0021) Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: as a Mixed Use Retirement Community. 13. The Applicant requests zoning of the subject real property as L -O which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 15.1 The legal description submitted for the property is correct and places the parcels contiguous to existing city limits at St. Luke's Meridian Medical Center, I-84, and a portion of Franklin Rd. 15.2 The proposed L -O zone for the project is acceptable. Planned Unit Development -General, General Planned Residential uses, and Planned Commercial Development are all conditional uses in the L -O zone. 15.3 An initial review of these parcels in regard to the current Comprehensive Plan Update process was made. City Council ordered Findings of Fact FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY TOUCHMARK LIVING CENTERS - JOSEPH A. BILLIG (AZ -99-0021) and Conclusions of Law with a favorable recommendation for the applicant's Comprehensive Plan Amendment request to change the land use designation to Mixed/Planned Use Development at their meeting of 11/3/99. The requested L -O zone would be compatible with this land use designation. 15.4 As required in the Comprehensive Plan for Mixed/Planned Use Development areas, any future development on this parcel will be required to follow the Conditional Use process. 15.5 The following landscape buffers shall be required: 50 feet minimum along I-84 (will allow an 8' berm at 3:1 slope) 35 feet minimum along Franklin Road beyond required right-of-way 20 feet minimum adjacent to the Montvue Subdivision 10 feet minimum adjacent to Edgeview Estates Subdivision (beyond canal easement). 15.6 A Development Agreement is required as a condition of annexation. 15.7 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 15.8 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance 5-7- 517. Wells may be used for non-domestic purposes such as landscape irrigation. 15.9 Off-street parking shall be provided in accordance with Section 11-2- 414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 15.10 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4. and 11-2-414.D.5. of the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY TOUCHMARK LIVING CENTERS - JOSEPH A. BILLIG (AZ -99-0021) Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 15.11 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 15.12 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 15.13 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 15.14 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 15.15 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of Central District Health Department as follows: 15.16 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health SL Welfare, Division of Environmental Quality. 15.17 Run-off is not to create a mosquito breeding problem. 15.18 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 15.19 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARIC, LIVING CENTERS - JOSEPH A. BILLIG (AZ -99-0021) 16. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 15, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 17. It is also found that the development considerations as referenced in Finding No. 15 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 18. It is found that the zoning of the subject real property as (L -O) Limited Office District allows groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses and requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARK LIVING CENTERS - JOSEPH A. BILLIG (AZ -99-0021) the subject property as Mixed/Planned Use Development. 19. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 19.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 19.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 19.3 The application is consistent with Meridian's self identity. 19.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 19.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 19.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY TOUCHMARK LIVING CENTERS - JOSEPH A. BILLIG (AZ -99-0021) plan and the Zoning ordinances of the City to the subject application. 20. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY TOUCHMARK LIVING CENTERS - JOSEPH A. BILLIG (AZ -99-0021) 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 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. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARK LIVING CENTERS - JOSEPH A. BILLIG (AZ -99-0021) revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 4.B Comprehensive Plan Policies: Goal 3 is "to encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for e:dsting 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, size 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. Land Use I 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY TOUCHMARK LIVING CENTERS - JOSEPH A. BILLIG (AZ -99-0021) 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 located 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 I AU Monitor and coordinate the compatibility of the land use and transportation system. 1.20UEncourage proper design of residential neighborhoods to ensure their safety and tranquility. 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. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARK LIVING CENTERS - JOSEPH A. BILLIG (AZ -99-0021) 1.4 The development of housing for all income groups closes 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. Communi , 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 designation that reflect the character of existing neighborhoods. 6.11 U Promote well-planned and well -designated affordable housing in all Meridian neighborhoods. 5. The requested zoning of Limited Office District, (L -O) is defined in the Zoning Ordinance at 11-7-2 G as follows: (L -O) Limited Office District: The purpose of the L -O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L -O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARIC LIVING CENTERS - JOSEPH A. BILLIG (AZ -99-0021) 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is not required for Applicant to construct and develop a Mixed Use Retirement Community on this parcel of land. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 Ptd 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY TOUCHMARK LIVING CENTERS - JOSEPH A. BILLIG (AZ -99-0021) commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 157.876 acres to Limited Office District (L -O) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 157.876 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Applicant enter into a Development Agreement, and such Development Agreement shall also include and contain the conditions of and for the real property which provides in the event the conditions therein are not met by the Applicant that the property shall be subject to re -zone and/or de -annexation, with the City of Meridian, which provides for the following conditions of use and development to -wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARK LIVING CENTERS - JOSEPH A. BILLIG (AZ -99-0021) 3.1 The legal description submitted for the property is correct and places the parcels contiguous to existing city limits at St. Luke's Meridian Medical Center, I-84, and a portion of Franklin Rd. 3.2 The proposed L -O zone for the project is acceptable. Planned Unit Development -General, General Planned Residential uses, and Planned Commercial Development are all conditional uses in the L -O zone. 3.3 An initial review of these parcels in regard to the current Comprehensive Plan Update process was made. City Council ordered Findings of Fact and Conclusions of Law with a favorable recommendation for the applicant's Comprehensive Plan Amendment request to change the land use designation to Mixed/Planned Use Development at their meeting of 11/3/99. The requested L -O zone would be compatible with this land use designation. 3.4 As required in the Comprehensive Plan for Mixed/Planned Use Development areas, any future development on this parcel will be required to follow the Conditional Use process. 3.5 The following landscape buffers shall be required: 50 feet minimum along I-84 (will allow an 8' berm at 3:1 slope) 35 feet minimum along Franklin Road beyond required right-of-way 20 feet minimum adjacent to the Montvue Subdivision 10 feet minimum adjacent to Edgeview Estates Subdivision (beyond canal easement). 3.6 A Development Agreement is required as a condition of annexation. 3.7 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3.8 Any existing domestic wells and/or septic systems within this project will FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY TOUCHMARK LIVING CENTERS - JOSEPH A. BILLIG (AZ -99-0021) have to be removed from their domestic service per City Ordinance 5-7- 517. Wells may be used for non-domestic purposes such as landscape irrigation. 3.9 Off-street parking shall be provided in accordance with Section 11-2- 414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 3.10 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4. and 11-2-414.D.5. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3.11 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 3.12 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 3.13 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 3.14 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 3.15 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.16 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3.17 Run-off is not to create a mosquito breeding problem. 3.18 Stormwater shall be pretreated through a grassy swale prior to discharge FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARK LIVING CENTERS - JOSEPH A. BILLIG (AZ -99-0021) to the subsurface to prevent impact to groundwater and surface water quality. 3.19 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (L -O) Limited Office District, Meridian City Code § 11-7-2 G. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY TOUCHMARK LIVING CENTERS - JOSEPH A. BILLIG (AZ -99-0021) NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within 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 , 2000. T ROLL CALL COUNCILMAN RON ANDERSON VOTED GG�.I-Q74- COUNCILMAN KEITH BIRD VOTED w— COUNCILMAN TAMMY deWEERD VOTED COUNCILMAN CHERIE McCANDLESS VOTED 4w MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 4-'l S —00 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHMARK LIVING CENTERS - JOSEPH A. BILLIG (AZ -99-0021) MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By Dated: City Clerk msg1ZAWork\M\Meridian 15360M\Touchmark Living Centers\AZHOsOrder FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY TOUCHMARK LIVING CENTERS - JOSEPH A. BILLIG (AZ -99-0021) Cfk•• y-. $PAI, _ ,4f9�Y • oP<<,,. y'tttttNNl n�ts����`,` RECORDED - REQUEST OF p CoumY R=ROER S J p�triS6,1 DrWO �+�WARROE�l FEE QI;TY -- 20 MY 18 PM 41-17 101048097 110' FILE COi This sheet has been added to document to accommodate recording information. APRIL 2001 ADDENDUM TO DEVELOPMENT AGREEMENT — TOUCHMARK OF THE TREASURE VALLEY, L.L.C. (MAY 1, 2002) APRIL 2001 ADDENDUM TO DEVELOPMENT AGREEMENT The following is an April 2001 Addendum to that certain Development Agreement by and between the City of Meridian and Touchmark of the Treasure Valley, L.L.C., an Oregon Limited Liability Company, which Development Agreement is dated the day of ,! 200 / , and this Addendum entered into this S day of' G( , 2001, specifically is subsequent to the entering into of the original Developdent Agreement. This April 2001 Addendum specifically pertains to the Phasing Plans One through Five. 1. This is a summary of the phasing plan drawing for the Touchmark of the Treasure Valley (TTV) Project off Franklin Road east of Eagle Road in the City of Meridian, Idaho. It is a supplement to the Development Agreement with the City of Meridian to indicate the extent of the work in Phase One and to address the probable areas of impact in the subsequent phases. Market related forces will dictate the actual phasing which will be addressed in subsequent CUP processing for each phase of development. The illustrated first phasing is in substantial agreement with the original plans in content, although some of the improvements and housing locations have been modified to address construction and marketing issues. In general the phasing plan presented below indicated the area of work for each phase along with those specific items addressed by the City of Meridian as `requirements [R]' for development. Those items deemed requirements of the City are designated to be, required to be bonded, prior to receipt of building permits and completed prior to occupancy. Certain items are identified as 'prerequisite items [PI]' to be completed prior to receipt of building permits (for life safety issues). Other items of non-priority may not require any special treatment [NP]. The following items are anticipated to be included in the each designated phase of TTV. Items that must be completed before issuance of Building Permits for cottages and main building are in Red and Pink on the attached Drawing A. Items that must be completed before issuance of a Certificate of Occupancy for first cottage are in, Blue, Green, Brown and Orange, on the attached Drawing B. PHASE ONE -Begin in May of 2001, Completion in Summer of 2002 April 2001 Addendum 1 1. Construction Road from Franklin Road to the Phase One construction area. This consists of a 20 -foot wide, minimum, all weather oiled access road and turn - around to the Phase One area. [PI] 2. Domestic water main line installation from near well at St. Lukes to Phase one. This is a 12" water line from the St. Luke's connection point near the well at St. Luke's over an easement dedicated by St. Luke's to the city of Meridian, entering the Touchmark property at Street "C", in Street "C", through Roundabout 2 and Street "A" to the west end of "A" Loop, traveling south and east in "A" Loop to "D" Street, south on "D" street to and in Cul-de-sacs „ E„ ,„ F„ „ and "G”. [PI 3. Domestic water main line installation from the current locations in Franklin Road to Phase One. This will include 12” waterlines in Street "A” to Roundabout //2".[R] 4. Domestic Water and Sanitary Sewer in Street'B'. [R] 5. Sanitary Sewer main line extension from the end of the line just west of the St. Luke's well to 'A' Loop, 'A' Loop, Street 'D', and Cul-de-sacs 'E', 'F', &'G'. [PI] 6. Franklin Road and Street "A' Intersection -Widening & Signal. [R] 7. Franklin Road at Street 'A' Landscape on Franklin, 200 -feet each side of Street 'A". [R] 8. Street'A' construction, base, asphalt & landscaping, from Franklin Road to the Roundabout'2' (public street)(R] 9. Street'A' construction from Roundabout'2' to 'A' Loop, `A' Loop, Street'D' to construction road on west. Street "D" to and including Cul-de-sacs `E','F', &'G' on the east. (private street). [RI 10. Street "B' construction of base, asphalt & landscaping from Roundabout'1' to Montvue Subdivision property line (public street). [R] 11. Street 'C construction from Roundabout'2' to the intersection of Street 'I" at Roundabout '4', and Street 'I' from Roundabout '4' to Street 'D', (private street). [R] 12. Installation of the I-84 berm, landscaping and fence behind Phase One from easterly boundary to Barker Lateral. [R] 13. Pressure Irrigation Pumping Station and distribution system. [R] 14. Master Grading for Phase One. [NP] 15. Public utilities along Street 'A','A' Loop, Street 'D', and Cul-de-sacs'E','F', &'G'. [R] 16. Rerouting of the gravity irrigation and drainage facilities within Phase One. [NP] 17. Construction of the recreational facilities area within'A' Loop. [NP] 18. Construction of the north one-half of the main facility building and landscaping. [NP] 19. Construction of 52 cottage and patio home units and landscaping in Phase One. [NP] 20. Construction of Maintenance Building and Storage area. [NP] 21. Street base installation Street 'D' from construction road to Cul-de-sacs 'E'. [R] 22. Construction of fence between Phase I and Ridenbaugh Canal. [R] April 2001 Addendum 2 PHASE TWO Begin in the Summer of 2003, Completion in 2007 [estimated] 1. Installation of domestic water distribution system and sanitary sewer collection system in, Street'H' and Cul-de-sacs to Phase Two cottages and patio homes. [PI] 2. Construction of the street base for the Phase Two Cul-de-sacs. [PI] 3. Street 'H' from ' A' Loop to Franklin Road. [R] 4. Franklin Road and Street'H' Intersection -Widening & Signal. [R] 5. Franklin Road at Street 'H' Landscape on Franklin, 200 -feet each side of Street 'H'. [R] 6. Installation of the I-84 berm and landscaping behind Phase Two. [R] 7. Landscaping along Franklin adjacent to Phase Two. [R] 8. Master Grading Plan for Phase Two. [NP] 9. Rerouting of the gravity irrigation and drainage facilities within Phase Two. [R] 10. Public Utilities along Street'H' and Cul-de-sacs in Phase Two. [R] 11. Construction of the south one-half of the main facility building and landscaping. [NP] 12. Construction of cottage and patio home units and landscaping in Phase Two. [NP] 13. Construction of the commercial building under separate CUP's. [NP] PHASE THREE -Begin in the Summer of 2006, Completion in 2009 [estimated] 1. Installation of domestic water distribution system and sanitary sewer collection system in Street'J', and Cul-de-sacs to Phase Three cottage and patio home units. [PI] 2. Construction of the street base for the Phase Three Cul-de-sacs. [PI] 3. Construction of Street 'J' (public) from Roundabout '3' to easterly boundary of site. [R] 4. Landscape on Franklin adjacent Phase Three. [R] 5. Master Grading for Phase Three. [NP] 6. Rerouting of the gravity irrigation and drainage facilities within Phase Three. [NP] 7. Public Utilities along Street 'H' and Cul-de-sacs in Phase Three. [R] 8. Construction of cottage and patio home units and landscaping in Phase Three. [NP] PHASE FOUR -Benin in Summer of 2008, Completion in 2011 [estimated] 1. Installation of domestic water distribution system and sanitary sewer collection system in Cul-de-sacs to Phase Four cottage and patio home units. [PI] 2. Construction of the street base for the Phase Four Cul-de-sacs. [PI] April 2001 Addendum 3 3. Landscape on Franklin adjacent Phase Four. [R] 4. Master Grading for Phase Four. [NP] 5. Rerouting of the gravity irrigation and drainage facilities within Phase Four. [NP] 6. Public Utilities along Cul-de-sacs in Phase Four. [R] 7. Construction of cottage and patio home units and landscaping in Phase Four. [NP] PHASE FIVE -Begin in Summer of 2010, Completion in 2012 [estimated] 1. Installation of domestic water distribution system and sanitary sewer collection system in Phase Five. [PI] 2. Construction of the street base for the streets and Cul-de-sacs. [PI] 3. Landscape on Franklin adjacent Phase Five. [R] 4. Master Grading for Phase Five. [NP] 5. Rerouting of the gravity irrigation and drainage facilities within Phase Five. [NP] 6. Public Utilities along Cul-de-sacs in Phase Five. [R] 7. Construction of cottage and patio home units and landscaping in Phase Five. [NP] 2. The parties hereto agree that development of the above described real property shall be in accordance with the terms of the above described Development Agreement, or those City ordinances in effect at the time any subsequent conditional use application is filed, whichever are more restrictive. For example, since the date of the original Development Agreement, the City has adopted a new Landscape Ordinance and a new Sign Ordinance. Any development requiring additional conditional use permits shall be developed in compliance with said Sign Ordinance and said Landscape Ordinance, notwithstanding the fact that the original Development Agreement incorporated lesser development standards. 3. That "Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the "Owner", or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, the Development Agreement and this April 2001 Addendum to Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 4. This April 2001 Addendum shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This April 2001 Addendum shall be binding on the "Owner" of the "Property", each subsequent owner and any other person(s) acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions April 2001 Addendum 4 thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner", to execute appropriate and recordable evidence of termination of this Addendum if "City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Addendum. 5. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 6. This Addendum sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "City" relative tot he subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 6.1 Except as herein provided, no condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 7. This April 2001 Addendum shall be effective as of the date herein above written. April 2001 Addendum 5 ACKNOWLEDGEMENTS IN WITNESS WHEREOF, the parties shave herein executed this addendum and made it effective as hereinabove provided. TOUCHMARK OF THE TREASURE VALLEY, L.L.C., an Oregon limited liability company IWA ATTEST: Werner G. Nistler, Jr., President ATTEST: Clerk April 2001 Addendum CITY OF MERIDIAN BY: cl:40 A M or Robert D. Corrie apl-,;-0 6y C"<;Iy et� ewe s=�S-o ff 4 fes/. 4l -AL 7, jai. X 0 STATE OF OREGON,) ss: County of 184�rK�bn� c� On this n_ day of MaAA 2001, before me, the undersigned, a Notary Public, personally appeared Werner G. Nistler, Jr., President, of Touchmark of the Treasure Valley, L.L.C., an Oregon limited liability company, known or identified to me to be the persons who executed the instrument and acknowledged to me that they did execute the foregoing instrument on behalf of said corporation. (SEAL) OFFICIAL SEAL CHRISTINE N. BRAVO NOTARY PUBLIC -OREGON COMMISSION NO. 328652 Ow COMMISSION EXPIRES OCT. 31, 2003 STATE OF IDAHO,) . ss: County of Ada, I :V. L2� Notary Public for Oregon Residing at: Commission expires: �13i10 On this 5 day of 2001, before me, the undersigned, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. ,*some (SEAL) ,s ®, oT.� • AV A 41 �oeo,9,�1C �•�• OF PD:• °®mese Notary Pu%46r I o Residing at:hUA,�CU-Gz4Vt- %t> Commission expires: G1 -2b -6.o Z:\Work\M\Meridian\Meridian 1536OM\Touchmark Living Centers\APRIL 2001 ADDEDNUM.doc April 2001 Addendum 7 0 n m L=) Z -14�- -4,._ I �O Qom` f x s. ic.+ I I I CD I 0 I I o I I 1 I 1 I i I a m C) z o TI MA a 70 0 Z in RECORDED - REQUEST 04e ADA COUNTY RECORDER MEPAD" J. DAVID NAVARRO nt.;r, ;D'' u FEE -&—DEPUTY 2001A 12 Pail 2: 14 101069697 CITY OF MERIDIAN FILE COPY ORDINANCE NO. 9/-- 4?17 7 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LIMITED OFFICE DISTRICT (L -O); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL -ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: TOUCHMARK ANNEXATION 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 1/4 corner of Section 16, T.3N., R.1E., 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 1/4 of the NE 1/4; Thence S oo°o6'3o" E 558.08 feet along the east line of the NW 1/4 of the NE 1/4 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 7903315" W 449.48 feet; ANNEXATION AND ZONING ORDINANCE (AZ -99-0021)- 1 Thence S 8o042'48" W 116.19 feet; Thence S 2503537" W 195.09 feet; Thence S 22°3937" E 150.00 feet; Thence S 33016'37" E 620.00 feet; Thence S 30051'03' E 493.00 feet; Thence S oo0o6'30" E 493.51 feet; Thence S 13°51'55" W 426.51 feet; Thence N 8902343" W 34.37 feet; Thence S 13°46'18" 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; Leaving the boundary of said Edgeview Estates No. 2; Thence continuing S 13046'18" W 118.18 feet to a point; Thence S 12°4422" 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 84 to a point on the west line of the NW 1/4 of the SE 1/4; Thence N o0°13'01"W 227.61 feet to the northwest corner of the SE 1/4 (the center 1/4 corner) of Section 16; Thence N 89°2335" W 625.37 feet along the south line of SE 1/4 of the NW 1/4 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 1/4 of the NW 1/4; Thence N 00021'56" W 1281.37 feet to the northwest corner of the SE 1/4 of the NW 1/4; Thence N 89'26'11" W 338.32 feet along the south line of the NW 1/4 of the NW 1/4 to a point on the east boundary of Montvue Park, a subdivision, filed in Book 17 of Plats, at Page 1'07, 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 1/4 of the NW 1/4; ANNEXATION AND ZONING ORDINANCE (AZ -99-0021)- 2 ,w ... ... ..:. Thence S 8902847" E 337.68 feet to the northeast corner of the NW 1/4 of the NW 1/4; Thence S 00021'56" E 496.26 feet along the east line of the NW 1/4 of the NW 1/4 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 1/4 of the NW 1/4; Thence S 89028'47" E 1003.89 feet along the north line of the NE 1/4 of the NW 1/4 to a point; Thence S 00013'01" E 922.87 feet to a point; Thence S 85031'47" E 235.00 feet to a point on the east line of the NE 1/4 of the NW 1/4; Thence N 00013'01" W 939•o6 feet along the east line of the NE 1/4 of the NW 1/4 to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 163.288 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Limited Office District (L -O). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the f� day of��' eeZ©v 1. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. ANNEXATION AND ZONING ORDINANCE (AZ -99-0021)- 3 0W' SECTIONS: The Clerk of the City of Meridian shall, within ten (1o) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code 163-2215 and '50- 223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ` day of i� geed?-oo(. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of /() OR 1 On this--LE--day of L- e o, before me, the undersigned, a Notary Public in and for said Sta e, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk 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. ANNEXATION AND ZONING ORDINANCE (AZ -99-0021)- 4 ti Ald, V CLERK is STATE OF IDAHO,) . ss. County of Ada. ) 1 On this--LE--day of L- e o, before me, the undersigned, a Notary Public in and for said Sta e, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk 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. ANNEXATION AND ZONING ORDINANCE (AZ -99-0021)- 4 q.c'�':r-. "« tea`:::..,. " •�Ts ;'**�'i.� �'Fv*w�'�`�'c� -�`�'�sair„+"". . ,...,. .. ��- ... , . - . -.. .-. OTAe r � � a � e (SEAL) ' Ic O: ns,-, F D A�;•• jr NOTARYW1011C FOR IDAHO. RESIDING'—XT: MeA- d- Q -,V-1 IJ MY COMMISSION EXPIRES:6f—,;Lb-0G Z:\WorkWMWMeridian 1536ONATouchmark Living Centers\AZ.ORD ANNEXATION AND ZONING ORDINANCE (AZ -99-0021)— 5 � O go v m- � O D A>� �m0 O cz Z n Z n O m Z m o� z �z O m Oc Vpp� 01 �m Z m O c p V 8 aD t0 pV�� fJ P `m� 1-4 ;o�GG�GrGG�m m Z r V � Vpp� 01 �m Z p 8 � df � aa 6l O p V 8 aD t0 pV�� fJ P `m� m N 8 N fJ fJ i U qz Z MM;3 MIM y�+y6j cur IINN 3.M&Z.00S NOO'OB'30" E 55S.W - �t May 12, 2001 AZ 99-021 MERIDIAN CITY COUNCIL MEETING May 15, 2001 APPLICANT Touchmark Living Centers / Joseph A. Billig ITEM NO. REQUEST ORD - AZ for a continuing care retirement community, single-family and multi -tenant residential, office and retail use for Touchmark Living Centers east of St. Luke's between Franklin Road and 1-84 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS See attached Ordinance Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ** TX CONFIRMATION REPORT ** AS OF MAY 18 '01 13:29 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 30 05/16 13:28 PUBLIC WORKS OF --S 01114" 005 016 OK -------------------------------------- CM OF MERIDIAN ORDINANCE NO. off- V71 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS ORADJACENT TOTHE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LIMITED OFFICE DISTRICT (L -O); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTSTHEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAYS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OFTHE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE AUDITOR, TREASURERAND ASSESSOR, AND THE ST'ATETAXC O M COMMISSION OF THE STAADA COUOTE OF RDERIDAHO, PURSUANT O IDAHO SEC`'ION 50-223 AND SECTION 63-2215. BE IT ORDAINED BYTHE MAYORAND THE COUNCIL OFTHECITYOF MERIDLAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1.. FIND : That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: TOUCERM ARK ANNEXATION 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 1/4 corner of Section 16, T.3N., R.iE., B.M., the REAL POINT OF BEGINNING of this description; Thence S 89029'19" E 1351.29 feet to the northeast corner of the NW 1/4 of the NE 1/4; Thence S oo°o6'30" E 558.o8 feet along the east line of the NW 1/4 of the NE 1/4 to a point on the north boundary of Edgev9ew Estates No.1 Subdivision, filed in Book 63 of Plats, at Page 6399, Tecords 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 Ed2,eview 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 7903315" W 449.48 feet; ANNEXATION AND ZONING ORDINANCE (AZ -99-0021)- 1 May 12, 2001 AZ 99-021 MERIDIAN CITY COUNCIL MEETING May 15, 2001 APPLICANT Touchmark Living Centers / Joseph A. Blllig ITEM NO. 3-G REQUEST D/A - AZ for a continuing care retirement community, single-family and multi -tenant residential, office and retail use for Touchmark Living Centers east of St. Luke's between Franklin Road and 1-84 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached DA CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: , j e7�1 Phone: , WL -q-ZA) n Contacted: K-[- t d, (1001, Date: Materials presented at public meetings shall become property of the City of Meridian. INTEROFFICE MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichols W4 Date: May 8, 2001 RECEIVED MAY -82001 CITY OF MERIDIAN RE: TOUCHMARK LIVING CENTERS DOCUMENTS FOR AZ -99-021 and CUP99-039 I am delivering to your office the revised, original of the above Development Agreement which is to be placed on the City Council Consent Agenda for Tuesday, May 15t''. You will need to obtain the necessary signatures, as the agreement has been cleaned up and pages did change. Also, the April 2001 Addendum to the Development Agreement will be delivered to your office just as soon as we obtain the latest revised Phasing Plan to insert into the Addendum. Additionally, pertaining to the up coming Council meeting for May 15t", you should have in your possession the following documents for the 15t'' meeting: 1. AZ Ordinance 2. CUP Findings 3. April 2001 St. Luke's executed Addendum If you need anything further, please advise our office. Z:\Work\M\Meridian\Meridian 15360M\Touchmark Living Centers\Gk050801 Ltr.doc DEVELOPMENT AGREEMENT RECEIVED MAY - 8 2001 CITY OF MERIDIAN 04-10-00 Revised 01/23/01 and 05/08/01 PARTIES: 1. City of Meridian 2. Touchmark of the Treasure Valley, L.L.C., and Oregon limited liability company THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 2001, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and TOUCHMARK OF THE TREASURE VALLEY, L.L.C., AN OREGON LIMITED LIABILITY COMPANY,"DEVELOPER"/"OWNER" whose address is 5150 SW Griffith Drive, Beaverton, Oregon 97005. RECITALS: 1.1 WHEREAS, "DEVELOPER"/"OWNER" Touchmark of the Treasure Valley, L.L.C., an Oregon limited liability company, is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Developer"/"Owner" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Meridian City Code §§ 11-7-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, "Developer"/"Owner" has submitted an application for annexation and zoning of the "Property" described in Exhibit A, and has requested a designation of Limited Office District (L -O), (Meridian City Code) Case No. AZ -99-0021; and DEVELOPMENT AGREEMENT - (AZ -99-0021) - 1.5 WHEREAS, "Developer"/" Owner" has made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning SL Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the day of , 2000, has approved certain annexation and zoning Findings of Fact and Conclusions of Law and Decision and Order, Case No. AZ -99-0021, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, both the "Findings" require the "Developer"/" Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning and zoning designation; and 1.9 "DEVELOPER"/"OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer"/" Owner" to enter into a development agreement for the purpose of ensuring that "Property" is developed, and the subsequent use of the "Property" is, in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning and re -zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the DEVELOPMENT AGREEMENT - (AZ -99-0021) - 2 Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER"/"OWNER": means and refers to Touchmarlc of the Treasure Valley, L.L.C., an Oregon limited liability company, and its successors, assigns and affiliates, whose address is 5150 SW Griffith Drive, Beaverton, Oregon 97005, the party developing "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to Property, owned by Touchmarlc of the Treasure Valley, L.L.C., an Oregon limited liability company, 5150 SW Griffith Drive, Beaverton, Oregon 97005, which is that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT - (AZ -99-0021) - 3 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses and development allowed pursuant to this Agreement of the subject property shall be subject to and pursuant to those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code §11-7-2 G which are herein specified as follows: (L -O) Limited Office District: The purpose of the L -O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to c reate noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L -O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. With the further restriction that all uses and development of the subject real property shall be governed under the conditional use permit process as a Mixed Planned Use Development. For the construction and development of a continuing care retirement community comprised of 250 to 300 units of independent and assisted living, 450 units of residential including single family, duplexes, multi family and townhomes, medical office parks, commercial and retail businesses, and a community senior health and fitness center. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT AS CONDITIONAL USE: "Developer/Owner has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning SL Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property". DEVELOPMENT AGREEMENT - (AZ -99-0021) - 4 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Developer/Owner" shall develop the "Property" in accordance with the following special conditions: 6.1 As required in the Comprehensive Plan for Mixed/Planned Use Development areas, any future development on this parcel will be required to follow the Conditional Use process. 6.2 The following landscape buffers shall be required: 50 feet minimum along I-84 (will allow an 8' berm at 3:1 slope) 35 feet minimum along Franklin Road beyond required right-of-way 20 feet minimum adjacent to the Montvue Subdivision 10 feet minimum adjacent to Edgeview Estates Subdivision (beyond canal easement). 6.3 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project, and unless a variance is subsequently sought, and approved, existing irrigation/drainage ditches must be tiled. 6.4 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 6.5 Off-street parking shall be provided in accordance with Section 11-2- 414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. DEVELOPMENT AGREEMENT - (AZ -99-0021) - 5 6.6 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4. and 11-2-414.D.5. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 6.7 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6.8 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 6.9 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 6.10 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 6.11 All construction shall conform to the requirements of the Americans with Disabilities Act. 6.12 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 6.13 Run-off is not to create a mosquito breeding problem. 6.14 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 6.15 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for DEVELOPMENT AGREEMENT - (AZ -99-0021) - 6 stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer/Owner" or "Developer/Owner"'s heirs, successors, assigns, to comply with Sections 6 entitled "Conditions Governing Development of subject "property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. ' 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer/Owner" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" to which the default applies subject to and conditioned upon the following conditions precedent to -wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer/Owner" and if the "Developer/Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer/Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Developer/Owner", "Developer/Owner"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be DEVELOPMENT AGREEMENT - (AZ -99-0021) - 7 modified or terminated with respect to the "Property" which is in default by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Developer/Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer/Owner"'s cost, and submit proof of such recording to "Developer/Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer/Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer/Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non - breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty DEVELOPMENT AGREEMENT - (AZ -99-0021) - 8 (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer/Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §12-5-3, to insure that installation of the improvements required in section 6 of this agreement, which the "Developer/Owner" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer/Owner" agrees that no Certificates of Occupancy will be issued until all improvements required in section 6 of this agreement are completed, unless the "City" and "Developer/Owner" have entered into an addendum agreement stating when the improvements required in section 6 of this agreement will be completed in a phased development; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements required in section 6 of this agreement have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Developer/Owner" agrees to abide by all ordinances of the City of Meridian and "Property" as the case may be shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) DEVELOPMENT AGREEMENT - (AZ -99-0021) - 9 days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Cleric City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Touchmark of the Treasure Valley, L.L.C, an Oregon limited liability company 5150 SW Griffith Drive Beaverton, Oregon 97005 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the DEVELOPMENT AGREEMENT - (AZ -99-0021) - 10 "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer/Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer/Owner" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer/Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer/Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change, addendum or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment except that minor modification(s) of required improvements provided for in section 7 may be approved by City Public Works and Planning and Zoning Staff, if such changes are required or preferred by Ada County Highway District Staff. DEVELOPMENT AGREEMENT - (AZ -99-0021) - 11 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Cleric. DEVELOPMENT AGREEMENT - (AZ -99-0021) - 12 ACI(NOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. DEVELOPER/OWNER M ATTEST: BY RESOLUTION NO. Touchmark of the Treasure Valley, L.L.C, an Oregon limited liability company CITY OF MERIDIAN MAYOR ROBERT D. CORRIE Attest: CITY CLERK BY RESOLUTION NO. DEVELOPMENT AGREEMENT - (AZ -99-0021) - 13 STATE OF OREGON ) :ss COUNTY OF ) On this day of , in the year 2001, before me, a Notary Public, in and for said County and State, personally appeared Werner G. Nistler, Jr., President, and Colleen T. Nistler, Secretary, of Touchmark of the Treasure Valley, L.L.C, an Oregon limited liability company, known or identified to me to be the persons who executed the instrument and acknowledged to me that they did execute the foregoing instrument on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Beachwood, Ohio, this day of , 2001. (SEAL) Notary Public My Commission expires: STATE OF IDAHO :ss County of Ada ) On this day of , in the year 2001, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Meridian, Idaho, this day of , 2001. (SEAL) Notary Public for Idaho Commission expires:_ msg/Z:\Work\M\Meridian\Meridian 15360M\Touchmark Living Centers\DevelopAgr DEVELOPMENT AGREEMENT - (AZ -99-0021) - 14 EXHIBIT A AZ -99-0021 Legal Description Of Property TOUCHMARI( ANNEXATION 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 1/4 corner of Section 16, T.3N., R.IE., B.M., thence S 00°13'01" E 40.00 feet along the west line of the NE 1/4 of said Section 16 to a point on the south right-of-way line of Franklin Road, the REAL POINT OF BEGINNING of this description; Thence S 89'29'19" E 1351.22 feet along said south right-of-way line to a point on the east line of NW 1/4 of the NE 1/4 of said Section 16; Thence S 00°06'30" E 518.08 feet along the east line of the NW 1/4 of the NE 1/4 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. l 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 79'33'15" 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; DEVELOPMENT AGREEMENT - (AZ -99-0021) - 15 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 13°51'55" W 42 6.5 1 feet; Thence N 89°23'43" W 34.37 feet; Thence S 13'46'18" 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; Thence N 89043'13" W 530.52 feet along said northerly right of way to a point; Thence N 00'19'45" W 23.85 feet to a point on the south line of the NE 1/4 of said Section 16; Thence N 89°23'43" W 673.14 feet along said south line to the southeast corner of the NW 1/4 (the center 1/4 corner) of said Section 16; Thence N 89°23'35" W 625.37 feet along the south line of the SE 1/4 of the NW 1/4 to a point on the north right of way of Interstate 84; Thence N 85°44'30" W 25.58 feet along said north right of way to a point; Thence N 00°00'00" W 1024.38 feet to a point; Thence N 44°54'04" W 430.35 feet to a point; Thence N 89°26'11" W 738.37 feet 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 00'20'17" W 1287.16 feet along said east boundary to a point on the south right-of-way line of Franklin Road; DEVELOPMENT AGREEMENT - (AZ -99-0021) - 16 Thence S 89°28'47" E 337.68 feet along said south right-of-way line to a point on the east line of the NW 1/4 of the NW 1/4; Thence S 00°21'56" E 456.25 feet along the east line of the NW 1/4 of the NW 1/4 to a point; Thence S 79°29'58" E 117.09 feet to a point; Thence N 00°21'56" W 476.55 feet to a point on the south right-of-way line of Franklin Road; Thence S 89°28'47" E 1003.79 feet along said south right-of-way line to a point; Thence S 00°13'01" E 882.87 feet to a point; Thence S 85°31'47" E 235.00 feet to a point on the east line of the NE 1/4 of the NW 1/4; Thence N 00°13'01" W 899.06 feet along the east line of the NE 1/4 of the NW 1/4 to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 135.12 acres, more or less. DEVELOPMENT AGREEMENT - (AZ -99-0021) - 17 EXHIBIT B AZ -99-0021 Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT - (AZ -99-0021) - 18 Interoffice Memorandum*. To: William G. Berg, Jr. Cc: Mayor Robert D. Corrie and City Council Members From: Wm. F. Nichol G RE: April 2001 Addend m to Development Agreement Date: May 1, 2001 1.'.i' CEWED MAY 0 12001 City n�'Merlfib%n City Clerk Office Please find attached the April 2001 Addendum to Development Agreement with the revised Phasing Plan dated April 26, 2001 for Touchmarlc Living Centers. To date, this should be the latest updated version of the Phasing Plan that has been incorporated into the Addendum. Drawing A and Drawing B, with the appropriate coloring, will need to be attached to the Addendum I believe the Addendum is now ready for execution by Mr. Nistler, President of Touchmarlc of the Treasure Valley, LLC. Additionally, this item will need to be placed upon an upcoming City Council agenda. If you need anything further in this matter, please advise me. Z:\Wor1,\M\Meridian\Meridian 15360M\Touchmarlc Living Centers\Bwerg05O101 Mem.doc APRIL 2001 ADDENDUM TO DEVELOPMENT AGREEMENT The following is an April 2001 Addendum to that certain Development Agreement by and between the City of Meridian and Touchmark of the Treasure Valley, L.L.C., an Oregon Limited Liability Company, which Development Agreement is dated the day of , , and this Addendum entered into this day of , 2001, specifically is subsequent to the entering into of the original Development Agreement. This April 2001 Addendum specifically pertains to the Phasing Plans One through Five. 1. This is a summary of the phasing plan drawing for the Touchmark of the Treasure Valley (TTV) Project off Franklin Road east of Eagle Road in the City of Meridian, Idaho. It is a supplement to the Development Agreement with the City of Meridian to indicate the extent of the work in Phase One and to address the probable areas of impact in the subsequent phases. Market related forces will dictate the actual phasing which will be addressed in subsequent CUP processing for each phase of development. The illustrated first phasing is in substantial agreement with the original plans in content, although some of the improvements and housing locations have been modified to address construction and marketing issues. In general the phasing plan presented below indicated the area of work for each phase along with those specific items addressed by the City of Meridian as `requirements [R]' for development. Those items deemed requirements of the City are designated to be, required to be bonded, prior to receipt of building permits and completed prior to occupancy. Certain items are identified as `prerequisite items [PI]' to be completed prior to receipt of building permits (for life safety issues). Some items are priority [P] needing bonding to Meridian or other agencies to permit occupancy. Other items of non-priority may not require any special treatment [NP] . The following items are anticipated to be included in each designated phase of TTV. Items that must be completed before issuance of Building Permits For cottages and main building are in Red and Pink on the attached Drawing A. Items that must be completed before issuance of a Certificate of Occupancy for first cottage are in, Blue, Green, Brown and Orange, On the attached Drawing B. April 2001 Addendum I PHASE ONE - Begin in M2X of 2001 Completion in Summer of 2002 1. Construction Road from Franklin Road to the Phase One construction area. This consists of a 20 -foot wide, minimum, oiled access road and turn -around to the Phase One area. [PI] 2. Domestic water main line installation from near well at St. Lukes to Phase One. This is a 12" waterline entering west end of "A" Loop, traveling south and east in "A" Loop to "D" Street, south on "D" Street to Cul-desac "F". [PI] 3. Domestic water main line installation from the current locations in Franklin Road and near the well at St. Lukes to Phase One. This will include 12" waterlines in Street "A", "A" Loop, Street "D", Street "I", Street "C" and westerly from Street "C" the St. Luke's connection point over an easement dedicated by St. Luke's to the City of Meridian. [P] 4. Domestic water in Street "B", Cul-de-sacs "E", "F, & "G". [P] 5. Sanitary sewer main line extension from the end of the line just west of the St. Luke's well to "A" Loop, "A" Loop, Street "B", Street "D", and cul-de-sacs «E„ «F„ & «G„ [P] 6. Franklin Road and Street "A" Intersection -widening & signal. [P] 7. Franklin Road at Street "A" Landscape on Franklin, 200 -feet each side of Street "A". [P] 8. Street "A" construction, base, asphalt & landscaping , from Franklin Road to the Roundabout 'Y' (public street) [LP] 9. Street "A" construction from Roundabout "2" to "A" Loop, "A" Loop, Street "D" to Construction Road on west. Street "D" to and including Cul-de-sacs "E", "F" & "G" on the east. (private street). [P] 10. Street "B" construction of base, asphalt & landscaping from Roundabout " 1 " to Montvue Subdivision property line (public street). [P] 11. Street "C" construction from Roundabout "2" to the intersection of Street "I" at Roundabout 'A", and Street "I" from Roundabout "4" to Street "D", (private street). [P] 12. Installation of the I-84 berm, landscaping and fence behind Phase One from easterly boundary to Barker Lateral. [P] 13. Pressure Irrigation Pumping Station and distribution system. [P] 14. Master Grading for Phase One. [NP] 15. Public utilities along Street "A", "A" Loop, Street "D", and Cul-de-sacs "E", "F" & "G" [P] 16. Rerouting of the gravity irrigation and drainage facilities within Phase One. [NP] 17. Construction of the recreational facilities area within "A" Loop. [NP] 18. Construction of the north one-half of the main facility building and landscaping. [NP] April 2001 Addendum 2 19. Construction of 52 cottage and patio home units and landscaping in Phase One. [NP] 20. Construction of maintenance building and storage area. [NP] 21. Street base installation Street "D" from Construction Road to Cul-de-sacs 22. Construction of fence between Phase 1 and Ridenbaugh Canal. [P] PHASE TWO Begin in the Summer of 2003, Completion in 2007 [estimated 1. Installation of domestic water distribution system and sanitary sewer collection system in, Street "H" and Cul-de-sacs to Phase Two cottages and patio homes. [PI] 2. Construction of the street base for the Phase Two cul-de-sacs. [PI] 3. Street "H" from "A" Loop to Franklin Road. [R] 4. Franklin Road and Street "H" Intersection — widening and signal. [P] 5. Franklin Road at Street "H" Landscape on Franklin, 200 -feet each side of Street "H". [P] 6. Installation of the I-84 berm and landscaping behind Phase Two. [P] 7. Landscaping along Franklin adjacent to Phase Two. [P] 8. Master Grading Plan for Phase Two. [NP] 9. Rerouting of the gravity irrigation and drainage facilities within Phase Two. IN 10. Public utilities along Street "H" and Cul-de-sacs in Phase Two. [NP] 11. Construction of the south one-half of the main facility building and landscaping. [NP] 12. Construction of cottage and patio home units and landscaping in Phase Two. [NP] 13. Construction of the commercial building under separate CUP's. [NP] PHASE THREE Begin in the Summer of 2006, Completion in 2009 [estimated] 1. Installation of domestic water distribution system and sanitary sewer collection system in Street "J", and Cul-de-sacs to Phase Three cottages and patio home units. [PI] 2. Construction of the street base for the Phase Three Cul-de-sacs. [PI] 3. Construction of Street "J" (public) from Roundabout "3" to the easterly boundary of the site. [R] 4. Landscape on Franklin adjacent Phase Three. [P] 5. Master grading for Phase Three. [NP] 6. Rerouting of the gravity irrigation and drainage facilities within Phase Three. [NP] 7. Public utilities along Street "H" and cul-de-sacs in Phase Three. [NP] April 2001 Addendum 3 8. Construction of cottage and patio home units and landscaping in Phase Three. [NP] PHASE FOUR Begin in the Summer of 2008, Completion in 2011 [estimated] 1. Installation of domestic water distribution system and sanitary sewer collection system in Cul-de-sacs to Phase Four cottage and patio home units. [PI] 2. Construction of the street base for the Phase Four Cul-de-sacs. [PI] 3. Landscape on Franklin adjacent Phase Four. [P] 4. Master grading for Phase Four. [NP] 5. Rerouting of the gravity irrigation and drainage facilities within Phase Four. [NP] 6. Public utilities along Cul-de-sacs in Phase Four. [NP] 7. Construction of cottage and patio home units and landscaping in Phase Four. [NP] PHASE FIVE Begin in the Summer of 2010, Completion in 2012 [estimated] 1. Installation of domestic water distribution system and sanitary sewer collection system in Phase Five. [PI] 2. Construction of the street base for the streets and Cul-de-sacs. [PI] 3. Landscape on Franklin adjacent Phase Five. [PI] 4. Master grading for Phase Five. [NP] 5. Rerouting of the gravity irrigation and drainage facilities within Phase Five. [NP] 6. Public utilities along Cul-de-sacs in Phase Five. [NP] 7. Construction of cottage and patio home units and landscaping in Phase Five. [NP] 2. The parties hereto agree that development of the above described real property shall be in accordance with the terms of the above described Development Agreement, or those City ordinances now in effect, whichever are more restrictive. For example, since the date of the original Development Agreement, the City has adopted a new Landscape Ordinance and a new Sign Ordinance. Any development upon the 20 acre parcel shall be developed in compliance with said Sign Ordinance and said Landscape Ordinance, notwithstanding the fact that the original Development Agreement incorporated lesser development standards. 3. That "Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the "Owner", or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and April 2001 Addendum 4 Conclusions of Law, the Development Agreement and this April 2001 Addendum to Development Agreement, and any new Ordinances of the City of Meridian. 4. This April 2001 Addendum shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This April 2001 Addendum shall be binding on the "Owner" of the "Property", each subsequent owner and any other person(s) acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner", to execute appropriate and recordable evidence of termination of this Addendum if "City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Addendum. 5. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 6. This Addendum sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "City" relative tot he subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 6.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 7. This April 2001 Addendum shall be effective as of the date herein above written. April 2001 Addendum 5 ACKNOWLEDGEMENTS IN WITNESS WHEREOF, the parties shave herein executed this addendum and made it effective as hereinabove provided. TOUCHMARK OF THE TREASURE VALLEY, L.L.C., an Oregon limited liability company PIN ATTEST: Werner G. Nistler, Jr., President Colleen T. Nistler, Secretary CITY OF MERIDIAN Mayor Robert D. Corrie ATTEST: City Clerk April 2001 Addendum 6 STATE OF OREGON,) ss: County of ) On this day of , 2001, before me, the undersigned, a Notary Public, personally appeared Werner G. Nistler, Jr., President, and Colleen T. Nistler, Secretary, of Touchmark of the Treasure Valley, L.L.C., an Oregon limited liability company, known or identified to me to be the persons who executed the instrument and acknowledged to me that they did execute the foregoing instrument on behalf of said corporation. (SEAL) Notary Public for Oregon Residing at: Commission expires: STATE OF IDAHO,) ss: County of Ada, ) On this day of , 2001, before me, the undersigned, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. (SEAL) Notary Public for Idaho Residing at: Commission expires:_ ZAWork\M\Meridian\Meridian 15360M\Touchmark Living Centers\APRIL 2001 ADDEDNUM.doc April 2001 Addendum 7 Wild Shamrock LLP 12301 W. Explorer Dr., Suite 240 n Boise, Idaho 83713 Rick Thomas Partner (208) 322-7529 Fax (208) 322-7554 Cellular (208) 861-2634 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND TOUCHMARK LIVING CENTERS, INC.. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with Touchmark Living Centers, Inc., denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with Touchmark Living Centers, Inc., entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and Touchmark Living Centers, Inc., a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. MAYOR ATTEST: CITY CLERK MSG/Z:\Worlc\M\Meridian 15360M\Touchmark Living CenteIARESOLUTION CERTIFICATE OF CLERIC OF THE CITY OF MERIDIAN 1, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the day of , 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND TOUCHMARK LIVING CENTERS, INC. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with Touchmark Living Centers, Inc., denoted as "DEVELOPMENT AGREEMENT', a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: I . The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with Touchmark Living Centers, Inc., entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian CERTIFICATE OF CLERIC OF THE CITY OF MERIDIAN - 1 and Touchmarlc Living Centers, Inc., a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. STATE OF IDAHO, ) ss: County of Ada, WILLIAM G. BERG, JR. CITY CLERK On this day of , in the year 2000, before me, , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Cleric of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires:_ Msg/Z:\Work\M\Meridian 15360M\Touchmarlc Living Centers\Certif0erk-Res CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 2 WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER PHILIP A. PETERSON WM. F. GIORAY, III STEPHEN L. PRUSS BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM F. NICHOLS* TERRENCE R. WHITE" CHRISTOPHER S. NYE 'ALSO ADMITTED IN OR "'ALSO ADMITTED IN WA William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288.2499 FAX (208) 288-2501 Email via Intemet @ wfg@wppmg.com wppmg.com April 10, 2000 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE APR 1 1 2000 CITY OF MEIUDIAN Re: TOUCHMARK LIVING CENTERS / ANNEXATION AND ZONING ORDINANCE (AZ -99-0021) Dear Will: Please find enclosed the above ordinance for the annexation and zoning for Touchmarlc Living Centers. Please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning are adopted, and the Development Agreement has been signed by the developers/owners. Also, please note in Section 5 you will need to fill in the date when the Development Agreement has been executed. If you have any questions arise, please advise. Very truly your i Wm. F. Nichols msg\Z:\Work\M\Meridian 15360M\Touchmarlc Living Centers\Cleric on Ord Ltr.wpd CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LIMITED OFFICE DISTRICT (L -O); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: TOUCHMARK ANNEXATION 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 1/4 corner of Section 16, T.3N., R.IE., 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 1/4 of the NE 1/4; Thence S 00°06'30" E 558.08 feet along the east line of the NW 1/4 of the NE 1/4 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; ANNEXATION AND ZONING ORDINANCE (AZ -99-0021)- 1 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 79'33'15" 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 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 13°51'55" W 42 6.5 1 feet; Thence N 89°23'43" W 34.37 feet; Thence S 13'46'18" 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; 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°43'22" W 115 5.5 9 feet along the south right of way of Interstate 84 to a point on the west line of the NW 1/4 of the SE 1/4; Thence N 00°13'01" W 227.61 feet to the northwest corner of the SE 1/4 (the center 1/4 corner) of Section 16; ANNEXATION AND ZONING ORDINANCE (AZ -99-0021)- 2 Thence N 89°23'35" W 625.37 feet along the south line of SE 1/4 of the NW 1/4 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 1/4 of the NW 1/4; Thence N 00°21'56" W 1281.37 feet to the northwest corner of the SE 1/4 of the NW 1/4; Thence N 89°26'11" W 338.32 feet along the south line of the NW 1/4 of the NW 1/4 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 00°20'17" W 1327.17 feet along said east boundary to a point on the north line of the NW 1/4 of the NW 1/4; Thence S 89°28'47" E 337.68 feet to the northeast corner of the NW 1/4 of the NW 1/4; Thence S 00°21'56" E 496.26 feet along the east line of the NW 1/4 of the NW 1/4 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 1/4 of the NW 1/4; Thence S 89°28'47" E 1003.89 feet along the north line of the NE 1/4 of the NW 1/4 to a point; Thence S 00°13'01" E 922.87 feet to a point; Thence S 85°31'47" E 235.00 feet to a point on the east line of the NE 1/4 of the NW 1/4; Thence N 00°13'01" W 93 9.0 6 feet along the east line of the NE 1/4 of the NW 1/4 to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 163.288 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Limited Office District (L -O). ANNEXATION AND ZONING ORDINANCE (AZ -99-0021)- 3 SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of , 2000. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. ANNEXATION AND ZONING ORDINANCE (AZ -99-0021)- 4 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. ATTEST: CITY CLERK STATE OF IDAHO,) ss. County of Ada. MAYOR On this day of , 2000, before me, the undersigned, a 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. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: ZAWork\M\Meridian 15360M\Touchmark Living Centers\AZ.ORD ANNEXATION AND ZONING ORDINANCE (AZ -99-0021)- 5 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Cleric, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. passed by the City Council of the City of Meridian, on the day of 2000, is a true and correct copy of the original of said document which is in the care, custody and control of the City Cleric of the City of Meridian. STATE OF IDAHO, : ss. County of Ada, WILLIAM G. BERG, JR. On this day of in the year 2000, before me, , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Cleric of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires:_ msg\Z:\Work\M\Meridian 15360M\Touchmark Living Centers\CertificationOfClerkOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN - (AZ -99-0021) Shelby Ugarriza From: Linda Kesting [kesti ng@ci. meridian. id. us] Sent: Monday, April 17, 2000 2:11 PM To: Shelby Ugamza Cc: bergw@ci.meddian.id.us Subject: Touchmark Label Correction JRA C E I VED APR` I- 8 2600 CITY OF MERIDIAN CITY (;I FRK nccirp Since this computer won't let me in your files, please change the address for Wild Shamrock LLP to the following: 12301 W. Explorer Drive Suite 240 Boise, Idaho 83713 ATTN: Rick Thomas Thanks The Idaho Statesman City of Meridia., APR I- 5 P.O. Box 40, Boise, Idaho 83707-0040 FGAL ADVERTISING PROOF OF PUBLICATIOI�CCOunt ng De��+=; Account # DTI# Identification =odd skip Amount: 064514 212267 PUBLIC HEARING-TOUCHMARK $49.08 Ordered by: P.O. # Rate Run Dates SHELBY NT MARCH 17, 31, 2000 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO STREET 32 Affidavit Legal # MERIDIAN, IDAHO 83642 1 6617 LEGAL NOTICE PUBLIC HEARING 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 April 4, 2000, for the purpose of reviewing and considering the application of Touchmark Living Centers, Joseph A. Billig, for annexation and zoning of 157.876 acres from R-3 to L -O generally located east of St. Luke's between Franklin Road and Interstate 84. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hail, 33 East Idaho Street, and is available for inspection dur- ing regular business hours. A copy of the application Is available upon request. Any and all interested per- sons shall be heard at said public hearing and the public is welcome and invited to of March, 2000 JR., CITY CLERK Pub. Mar. 17, 31, 2000 6617 JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: TWO consecutive weekly =single 0 consecutive daily =odd skip insertion(s) beginning with the issue of: MARCH 17 , 2000 and ending with the issue of: STATE OF IDAHO ) )ss MARCH 31 , 2000 COUNTY OF ADA On this 4 day of APRIL in the year of 2000 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same. At Notary Public for Idaho Residing at: Boise, Idaho My Commission expires: April 13, 2000 AZ 99-021 MERIDIAN CITY COUNCIL MEETING April 18, 2000 APPLICANT Touchmark / Joseph Billig ITEM NO. E REQUEST Annexation and zoning of 157.86 acres for proposed Touchmark Living Centers - east of St. Luke's AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached Findings Materials presented at public meetings shall become property of the City of Meridian. ¢1 May 12, 2001 MERIDIAN CITY COUNCIL MEETING May 15, 2001 APPLICANT ITEM NO REQUEST April 2001 Addendum to Development Agreement AGENCY COMMENTS 3-I CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: gd 11 1414 Date: Phone: —4f 7o�V Materials presented at public meetings shall become property of the City of Meridian. APRIL 2001 ADDENDUM TO DEVELOPMENT AGREEMENT The following is an April �OO1 Addendum to that Oregon Limited City of Meridian and Touchmark o certain Development Liability the Treasure Valley, by day of �' Company Which Develo Y, L.L.C., an this Addendum entered into this Prnent Agreement is dated the specifically is subs � day of , and subsequent to the entering into of the ori This April 2001 Addendum s 2001, specifically pertains to the Phasing eplans Onet A �•eement. 1. This is a summary of the phasin rough Five. Treasure Valley ( g plan drawing for the Touchmark of the Meridian, Idaho, It is�) project °f Franklin Road east of Eagle Road in of Of Meridian to indicate thsupplement eaten f to the Development Agreement withe the City it Probable areas of impact in the subsequenhe t phases. One and to address he City dictate the actual phasing which will be addressed in subs Market related forces will for each phase of development. The illustrated first ph in sent CUP processing agreement with the original plans in content, although some s n substantial and housing locations have been modified to address construction and m improvements issues, marketing In general the phasing plan presented below indicated the area of work for each phase along with those specific items addressed by the City of Meridian as `requirements [R]' for development. Those items deemed requirements of the City are designated to be, required to be bonded, prior to receipt of building permits and completed prior to occupancy. Certain items are identified as `prerequisite items [PI]' to be completed prior to receipt of building permits (for life safety issues). Some items are priority [P] needing bonding to Meridian or other agencies to permit occupancy. Other items of non-priority may not require any special treatment [NP]. The following items are anticipated to be included in each designated phase of TW. Items that must be completed before issuance of Building Permits For cottages and main building are in Red and Pink on the attached Drawing A. Items that must be completed before issuance of a Certificate of Occupancy for first cottage are in, Blue, Green, Brown and Orange, On the attached Drawing B. April 2001 Addendum PHASE ONE — Begin in Mav of 2001, Completion in Summer of 2002 1. Construction Road from Franklin Road to the Phase One construction area. This consists of a 20 -foot wide, minimum, oiled access road and turn -around to the Phase One area. [PI] 2. Domestic water main line installation from near well at St. Lukes to Phase One. This is a 12" waterline entering west end of "A' Loop, traveling south and east in "A" Loop to "D" Street, south on "D" Street to Cul-desac "F". [PI] 3. Domestic water main line installation from the current locations in Franklin Road and near the well at St. Lukes to Phase One. This will include 12" waterlines in Street "A", "A" Loop, Street "D", Street T', Street "C" and westerly from Street "C" the St. Luke's connection point over an easement dedicated by St. Luke's to the City of Meridian. [P] 4• Domestic water in Street "B", Cul-de-sacs "E", "F", & "G". [P] 5• Sanitary sewer main line extension from the end of the line just west of the St. Luke's well to "A" Loop, "A" Loop, Street "B", Street "D", and cul-de-sacs "E", "F" & "G"• [P] 6. Franklin Road and Street "A" Intersection -widening & signal. [P] 7. Franklin Road at Street "A" Landscape on Franklin, Zoo -feet each side of Street "A"• [P] 8. Street "A" construction, base, asphalt & landscaping, from Franklin Road to the Roundabout "2" (public street) [LP] 9. Street "A" construction from Roundabout "2" to "A" Loop, "A" Loop, Street "D" to Construction Road on west. Street "D" to and including Cul-de-sacs "E", "F" & "G" on the east. (private street). [P] 1o. Street "B" construction of base, asphalt & landscaping from Roundabout "1" to Montvue Subdivision property line (public street). [P] 11. Street "C" construction from Roundabout "2" to the intersection of Street "I" at Roundabout "4", and Street "I" from Roundabout "4" to Street "D", (private street). [P] 12. Installation of the I-84 berm, landscaping and fence behind Phase One from easterly boundary to Barker Lateral. [P] 13. Pressure Irrigation Pumping Station and distribution system. [P] 14. Master Grading for Phase One. [NP] 15. Public utilities along Street "A", "A" Loop, Street "D", and Cul-de-sacs "E", "F" & "G". [P] 16. Rerouting of the gravity irrigation and drainage facilities within Phase One. [NP] 17. Construction of the recreational facilities area within "A" Loop. [NP] 18. Construction of the north one-half of the main facility building and landscaping. [NP] 19. Construction of 52 cottage and patio home units and landscaping in Phase One. [NP] 20. Construction of maintenance building and storage area. [NP] 21. Street base installation Street "D" from Construction Road to Cul-de-sacs "E". [P] 22. Construction of fence between Phase 1 and Ridenbaugh Canal. [P] April 2oo1 Addendum 2 PHASE TWO — Begin in the Summer of 200. Completion in 2007 [estimated] 1. Installation of domestic water distribution system and sanitary sewer collection system in, Street "H" and Cul-de-sacs to Phase Two cottages and patio homes. [PI] 2. Construction of the street base for the Phase Two cul-de-sacs. [PI] 3. Street "H" from "A" Loop to Franklin Road. [R] 4. Franklin Road and Street "H" Intersection — widening and signal. [P] 5. Franklin Road at Street "H" Landscape on Franklin, Zoo -feet each side of Street "H" [P] 6. Installation of the 1-84 berm and landscaping behind Phase Two. [P] 7. Landscaping along Franklin adjacent to Phase Two. [P] 8. Master Grading Plan for Phase Two. [NP] 9. Rerouting of the gravity irrigation and drainage facilities within Phase Two. [P] 10. Public utilities along Street "H" and Cul-de-sacs in Phase Two. [NP] 11. Construction of the south one-half of the main facility building and landscaping. [NI'] 12. Construction of cottage and patio home units and landscaping in Phase Two. [NP] 13. Construction of the commercial building under separate CUP's. [NP] PHASE THREE — Begin in the Summer of 2006 Completion in 2009 [estimated] 1. Installation of domestic water distribution system and sanitary sewer collection system in Street "J", and Cul-de-sacs to Phase Three cottages and patio home units. [PI] 2. Construction of the street base for the Phase Three Cul-de-sacs. [PI] 3. Construction of Street "J" (public) from Roundabout "3" to the easterly boundary of the site. [R] 4. Landscape on Franklin adjacent Phase Three. [P] 5- Master grading for Phase Three. [NP] 6. Rerouting of the gravity irrigation and drainage facilities within Phase Three. [NP] 7. Public utilities along Street "H" and cul-de-sacs in Phase Three. [NP] 8. Construction of cottage and patio home units and landscaping in Phase Three. [NP] PHASE FOUR — Begin in the Summer of 2008, Completion in 2011 [estimatedl 1. Installation of domestic water distribution system and sanitary sewer collection system in Cul-de-sacs to Phase Four cottage and patio home units. [PT] 2. Construction of the street base for the Phase Four Cul-de-sacs. [PI] 3. Landscape on Franklin adjacent Phase Four. [P] 4. Master grading for Phase Four. [NP] 5- Rerouting of the gravity irrigation and drainage facilities within Phase Four. [NP] April 2001 Addendum 3 6. Public utilities along Cul-de-sacs in Phase Four. [NP] 7. Construction of cottage and patio home units and landscaping in Phase Four. [NP] PHASE FIVE — Begin in the Summer of 2010 Completion in 2012 [estimated) 1. Installation of domestic water distribution system and sanitary sewer collection system in Phase Five. [PI] 2. Construction of the street base for the streets and Cul-de-sacs. [PI] 3. Landscape on Franklin adjacent Phase Five. [PI] 4. Master grading for Phase Five. [NP] 5. Rerouting of the gravity irrigation and drainage facilities within Phase Five. [NP] 6. Public utilities along Cul-de-sacs in Phase Five. [NP] 7. Construction of cottage and patio home units and landscaping in Phase Five. [NP] 2. The parties hereto agree that development of the above described real property shall be in accordance with the terms of the above described Development Agreement, or those City ordinances in effect at the time any subsequent conditional use application is filed, whichever are more restrictive. For example, since the date of the original Development Agreement, the City has adopted a new Landscape Ordinance and a new Sign Ordinance. Any development requiring additional conditional use permits shall be developed in compliance with said Sign Ordinance and said Landscape Ordinance, notwithstanding the fact that the original Development Agreement incorporated lesser development standards. 3. That "Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the "Owner", or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, the Development Agreement and this April 2001 Addendum to Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 4. This April 2001 Addendum shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This April 2001 Addendum shall be binding on the "Owner" of the "Property", each subsequent owner and any other person(s) acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner", to execute appropriate and recordable evidence of termination of this Addendum if "City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Addendum. April 2001 Addendum 4 5. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 6. This Addendum sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "City" relative tot he subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City„ 6.1 Except as herein provided, no condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 7. This April 2001 Addendum shall be effective as of the date herein above written. April 2001 Addendum 5 ACKNOWLEDGEMENTS IN WITNESS WHEREOF, the parties shave herein executed this addendum and made it effective as hereinabove provided. TOUCHMARK OF THE TREASURE VALLEY, L.L.C., an Oregon limited liability company Ias Werner G. Nistler, Jr., President ATTEST: Colleen T. Nistler, Secretary CITY OF MERIDIAN Mayor Robert D. Corrie ATTEST: City Clerk April 2001 Addendum 6 STATE OF OREGON,) . ss: County of . ) On this day of , 2001, before me, the undersigned, a Notary Public, personally appeared Werner G. Nistler, Jr., President, and Colleen T. Nistler, Secretary, of Touchmark of the Treasure Valley, L.L.C., an Oregon limited liability company, known or identified to me to be the persons who executed the instrument and acknowledged to me that they did execute the foregoing instrument on behalf of said corporation. (SEAL) Notary Public for Oregon Residing Commission expires: STATE OF IDAHO,) . ss: County of Ada, ) On this day of , 2001, before me, the undersigned, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. (SEAL) Notary Public for Idaho Residing Commission expires: Z:\Work\M\Meridian\Meridian 15360M\Touchmark Living Centers\APRIL 2001 ADDEDNUM.doc April 2001 Addendum 7 APRIL 2ooi ADDENDUM TO DEVELOPMENT AGREEMENT The following is an April 2001 Addendum to that certain Development Agreement by and between the City of Meridian and Touchmark of the Treasure Valley, L.L.C., an Oregon Limited Liability Company, which Development Agreement is dated the day of , , and this Addendum entered into this day of , 2001, specifically is subsequent to the entering into of the original Development Agreement. This April 2001 Addendum specifically pertains to the Phasing Plans One through Five. 1. This is a summary of the phasing plan drawing for the Touchmark of the Treasure Valley (TTV) Project off Franklin Road east of Eagle Road in the City of Meridian, Idaho. It is a supplement to the Development Agreement with the City of Meridian to indicate the extent of the work in Phase One and to address the probable areas of impact in the subsequent phases. Market related forces will dictate the actual phasing which will be addressed in subsequent CUP processing for each phase of development. The illustrated first phasing is in substantial agreement with the original plans in content, although some of the improvements and housing locations have been modified to address construction and marketing issues. In general the phasing plan presented below indicated the area of work for each phase along with those specific items addressed by the City of Meridian as `requirements [R]' for development. Those items deemed requirements of the City are designated to be, required to be bonded, prior to receipt of building permits and completed prior to occupancy. Certain items are identified as `prerequisite items [PI]' to be completed prior to receipt of building permits (for life safety issues). Some items are priority [P] needing bonding to Meridian or other agencies to permit occupancy. Other items of non-priority may not require any special treatment [NP]. The following items are anticipated to be included in the each designated phase of TTV. Items that must be completed before issuance of Building Permits for cottages and main building are in Red and Pink on the attached Drawing A. Items that must be completed before issuance of a Certificate of Occupancy for first cottage are in, Blue, Green, Brown and Orange, on the attached Drawing B. PHASE ONE -Begin in Mau or22001, Completion in Summer Qf2002 1. Construction Road from Franklin Road to the Phase One construction area. This consists of a 20 -foot wide, minimum, oiled access road and turn —around to the Phase One area. [PI] April 2001 Addendum 2. Domestic water main line installation from near well at St. Lukes to Phase one. This is a 12" water line entering west end of "A" Loop, traveling south and east in "A" Loop to "D" Street, south on "D" street to Cul-de-sac "F". [PI] 3. Domestic water main line installation from the current locations in Franklin Road and near the well at St. Lukes to Phase One. This will include 12" waterlines in Street `A', `A' Loop, Street `D', Street `I', Street `C' and westerly from Street `C' to the St. Luke's connection point over an easement dedicated by St. Luke's to the City of Meridian. [P] 4. Domestic Water in Street `B', Cul-de-sacs `E', `F', &'G'. [P] 5. Sanitary Sewer main line extension from the end of the line just west of the St. Luke's well to `A' Loop, `A' Loop, Street `B', Street `D', and Cul-de-sacs `E', `F', & V. [P] 6. Franklin Road and Street `A' Intersection -Widening & Signal. [P] 7. Franklin Road at Street `A' Landscape on Franklin, Zoo -feet each side of Street W. [P] S. Street `A' construction, base, asphalt & landscaping, from Franklin Road to the Roundabout `2' (public street)(LP] 9. Street `A' construction from Roundabout `2' to `A' Loop, `A' Loop, Street `D' to construction road on west. Street "D" to and including Cul-de-sacs `E', `F', & `G' on the east. (private street). [PI 10. Street `B' construction of base, asphalt & landscaping from Roundabout `1' to Montvue Subdivision property line (public street). [P] 11. Street `C' construction from Roundabout `2' to the intersection of Street `I' at Roundabout `4', and Street `I' from Roundabout `4' to Street `D', (private street). [P] 12. Installation of the I-84 berm, landscaping and fence behind Phase One from easterly boundary to Barker Lateral. [P] 13. Pressure Irrigation Pumping Station and distribution system. [P] 14. Master Grading for Phase One. [NP] 15. Public utilities along Street `A', `A' Loop, Street `D', and Cul-de-sacs `E', `F, &'G'. IN 16. Rerouting of the gravity irrigation and drainage facilities within Phase One. [NP] 17. Construction of the recreational facilities area within `A' Loop. [NP] 18. Construction of the north one-half of the main facility building and landscaping. [NP] 19. Construction of 52 cottage and patio home units and landscaping in Phase One. [NP] 20. Construction of Maintenance Building and Storage area. [NP] 21. Street base installation Street `D' from construction road to Cul-de-sacs `E'. [P] 22. Construction of fence between Phase I and Ridenbaugh Canal. [P] PHASE TWO -Begin in the Summer of 200. Completion in 2007 [estimated] 1. Installation of domestic water distribution system and sanitary sewer collection system in, Street `H' and Cul-de-sacs to Phase Two cottages and patio homes. [PI] April 2001 Addendum 2 2. Construction of the street base for the Phase Two Cul-de-sacs. [PI] 3. Street `H' from `A' Loop to Franklin Road. [R] 4. Franklin Road and Street `H' Intersection -Widening & Signal. [P] 5. Franklin Road at Street `H' Landscape on Franklin, Zoo -feet each side of Street `W. [P] 6. Installation of the I-84 berm and landscaping behind Phase Two. [P] 7. Landscaping along Franklin adjacent to Phase Two. [P] 8. Master Grading Plan for Phase Two. [NP] 9. Rerouting of the gravity irrigation and drainage facilities within Phase Two. [P] 10. Public Utilities along Street `H' and Cul-de-sacs in Phase Two. [NP] ii. Construction of the south one-half of the main facility building and landscaping. [NP] 12. Construction of cottage and patio home units and landscaping in Phase Two. [NP] 13. Construction of the commercial building under separate CUP's. [NP] PHASE THREE Begin in the Summer of 2006, Completion in 2009 [estimated 1 1. Installation of domestic water distribution system and sanitary sewer collection system in Street `J', and Cul-de-sacs to Phase Three cottage and patio home units. [PI] 2. Construction of the street base for the Phase Three Cul-de-sacs. [PI] 3. Construction of Street `J' (public) from Roundabout `3' to easterly boundary of site. [R] 4. Landscape on Franklin adjacent Phase Three. [P] 5. Master Grading for Phase Three. [NP] 6. Rerouting of the gravity irrigation and drainage facilities within Phase Three. [NP] 7. Public Utilities along Street `H' and Cul-de-sacs in Phase Three. [NP] 8. Construction of cottage and patio home units and landscaping in Phase Three. [NP] PHASE FOUR Begin in Summer 0,[2008, Completion in 2011 [estimated] 1. Installation of domestic water distribution system and sanitary sewer collection system in Cul-de-sacs to Phase Four cottage and patio home units. [PI] 2. Construction of the street base for the Phase Four Cul-de-sacs. [PI] 3. Landscape on Franklin adjacent Phase Four. [P] 4. Master Grading for Phase Four. [NP] 5. Rerouting of the gravity irrigation and drainage facilities within Phase Four. [NP] 6. Public Utilities along Cul-de-sacs in Phase Four. [NP] 7. Construction of cottage and patio home units and landscaping in Phase Four. [NP] April 2001 Addendum 3 PHASE FIVE -Begin in Summer _0f20100 Completion in 2012 jestimatedl 1. Installation of domestic water distribution system and sanitary sewer collection system in Phase Five. [PI] 2. Construction of the street base for the streets and Cul-de-sacs. [PI] 3. Landscape on Franklin adjacent Phase Five. [PI] 4. Master Grading for Phase Five. [NP] 5. Rerouting of the gravity irrigation and drainage facilities within Phase Five. [NP] 6. Public Utilities along Cul-de-sacs in Phase Five. [NP] 7. Construction of cottage and patio home units and landscaping in Phase Five. [NP] 2. The parties hereto agree that development of the above described real property shall be in accordance with the terms of the above described Development Agreement, or those City ordinances in effect at the time any subsequent conditional use application is filed, whichever are more restrictive. For example, since the date of the original Development Agreement, the City has adopted a new Landscape Ordinance and a new Sign Ordinance. Any development requiring additional conditional use permits shall be developed in compliance with said Sign Ordinance and said Landscape Ordinance, notwithstanding the fact that the original Development Agreement incorporated lesser development standards. 3. That "Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the "Owner", or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, the Development Agreement and this April 2001 Addendum to Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 4. This April 2001 Addendum shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This April 2001 Addendum shall be binding on the "Owner" of the "Properly", each subsequent owner and any other person(s) acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner", to execute appropriate and recordable evidence of termination of this Addendum if "City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Addendum. 5. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. April 2001 Addendum 4 6. This Addendum sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "City" relative tot he subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City" 6.1 Except as herein provided, no condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 7. This April 2001 Addendum shall be effective as of the date herein above written. April 2001 Addendum 5 ACKNOWLEDGEMENTS IN WITNESS WHEREOF, the parties shave herein executed this addendum and made it effective as hereinabove provided. TOUCHMARK OF THE TREASURE VALLEY, L.L.C., an Oregon limited liability company BY; Werner G. Nistler, Jr., President ATTEST: BY: Colleen T. Nistler, Secretary CITY OF MERIDIAN FW Mayor Robert D. Corrie ATTEST: City Clerk April 2001 Addendum 6 STATE OF OREGON,) . ss: County of • ) On thisday of , 2001, before me, the undersigned, a Notary Public, personally appeared Werner G. Nistler, Jr., President, and Colleen T. Nistler, Secretary, of Touchmark of the Treasure Valley, L.L.C., an Oregon limited liability company, known or identified to me to be the persons who executed the instrument and acknowledged to me that they did execute the foregoing instrument on behalf of said corporation. (SEAL) Notary Public for Oregon Residing Commission expires: STATE OF IDAHO,) . ss: County of Ada, ) On this day of , 2001, before me, the undersigned, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. (SEAL) Notary Public for Idaho Residing Commission expires: Z:\Work\M\Meridian\Meridian 1536W\Touchmark Living Centers\APRIL 2ooi ADDEDNUM.doc April 2001 Addendum 7 ** TX CONFIRMATION REPORT ** AS OF NOV 29 '00 10:00 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 05 11/29 09:57 3311529 EC --S 03'33" 010 085 OK . �.'.r, r ('y v r +. .' a i+ ti 1 . t ♦: '/. ! ly � { •. i � . � rr C 'p �' •:rr i '1 ., ,\ fr: i1�`. ;f ,[ !`� .> ` \_ i `1 �1.,� #r- .. �,� •.t. ( `' 1/.^r ': I�f A ri_li. .\?"L a{ �'d �,lr la,�' T + f`, • d',` . •� r . , (, r \ .t 4 t•ay- _ ° ' L.. rirf:�C`^; . r l' •'%•! �°1t4J.a i 7':d� { : 1 r 1..�1r ;. �( •�` F{� `/ ,i )C ',.l i• +rt , ,''e ! ..� " Gt 1 1 •! Y L Y la f•'- '9,,,li,j �,:• (. 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( �, 1_lyr ( ,. c f, 4"` t t•. 7 r . 9., 1 �., �l t � r 1. ' ♦• _ , `.ai . cdct CC Q CIO . , w r (ctOC , `14 1}�+,11 ,� rl t �, Jt�i ,�• .t c. 1 1 ' ,, 'i r S' .I t It , ,�� 'f .t t � .. ' 1 '�l..V •,'�_ t4 �i .�:y��,�ta~� ,r� ,5 / ,•` E \ r (,.1 � _ rt,+' E `1`.., r tt � , ...'` .f ,i + + r 1 , � Meridian Citv Pre -Council Meetino October 3. 2000 The Special Pre -Council Meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie on Tuesday, October 3, 2000, at 6:35 p.m. Members Present: Tammy DeWeerd, Ron Anderson, Cherie McCandless, Keith Bird, Robert Corrie. Others Present: Bill Nichols, Shari Stiles, Gary Smith, Tom Kuntz, Bill Gordon, Janice Smith, Will Berg. Item D. Tabled from July 5, 2000: Findings of Facts and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi -family residential and office and retail use by Touchmark Living Centers — Joseph A. Billig — east of St. Luke's between Franklin Road and Interstate 84: Corrie: I'll open the Meridian City Pre -Council meeting at 6:35 on October 3, 2000 to discuss agenda items and department reports which are on the regularly scheduled City Council meeting agenda. So with that point, Mr. Berg, if we could please have roll -call for the special meeting, please. Thank you. Council, the minutes you have (inaudible) is that the orange one said approve minutes of September 13th and the revised says the 5th. That's the only change between the two. Item D in the Consent Agenda, the Touchmark has still not gotten everything put together, the Development Agreement, so they've requested to place that on the October 17th meeting. Item E. Findings of Facts and Conclusions of Law for Approval: AZ 00-006 Request for annexation and zoning of 12.73 acres from R- T to L -O and R-15 zones by Vicki Welker / Gold River Companies, Inc., for proposed Valeri Heights Subdivision — northeast corner of Pine Avenue and Ten Mile Road: Item F. Findings of Facts and Conclusions of Law for Approval: PP 00-005 Request for Preliminary Plat approval for proposed Valeri Heights Subdivision with 10 building lots and 2 other lots on 12.73 acres in proposed L -O and R-15 zones by Vicki Welker / Gold River Companies, Inc. — northeast corner of Pine Avenue and Ten Mile Road: Item G. Findings of Facts and Conclusions of Law for Approval: CUP 00-014 Request for Conditional Use Permit for proposed Valeri Heights Subdivision for a 128 -unit apartment complex, townhouses and office on 12.73 acres in proposed L -O and R-15 Meridian City Council Meeting October 3, 2000 Page 3 Sheri Eisele / Eagle Concrete Pumping in an I -L zone — Baltic Place in the Meridian Business Park: P. Findings of Facts and Conclusions of Law for Approval: CUP 00-044 Request for Conditional Use Permit to construct a 4,125 s.f. tilt -up concrete building for Eagle Concrete Pumping by Rod and Sheri Eisele in a Flood Plain Overlay District currently in an I -L zone — North Baltic Place in the Meridian Business Park: Q. Findings of Facts and Conclusions of Law for Approval: CUP 00-042 Request for a Conditional Use Permit to construct a Carl's Jr. Restaurant with a drive-thru window by Greenstar Foods and TFCM currently in an I -L zone — located on Pad P-3 at the Meridian Crossroads Center: R. Findings of Facts and Conclusions of Law for Denial: VAR 00-020 Request for a variance for the reduction of landscaping requirements to allow new construction site to match existing and as typical for the area and subdivision for Seven Gates by Darol Forsythe / Seven Gates Properties -- Lots 8, 9 and 10 of Block 1 of the Layne Industrial Park: S. Findings of Facts and Conclusions of Law for Approval: VAR 00-019 Request for a variance of the required size and number of trees from 37 three-inch Caliper trees to 27 two-inch Caliper Trees for The Bower Street, LLC — southwest corner of Bower Street and East 5t" Street: T. Findings of Facts and Conclusions of Law for Approval: PFP 00-002 Request for preliminary / final plat approval for proposed Presidential Subdivision by Developers Diversified / Dakota Company with three building lots on 10.99 acres in an I -L zone — southeast corner of Presidential Drive and Eagle Road at the Meridian Crossroads Center: U. New Beer and Wine License: Request for new beer and wine licenses by Steve Haumann for WinCo Foods —1050 South Progress Avenue: V. AZ 00-017 Development Agreement — E.L. Bews: Request for annexation and zoning of 52.90 acres from RT to R-4 by Primeland Development Co., LLP, for proposed Bridgetower Subdivision — north of Ustick Road and east of Ten Mile Road: W. AZ 00-017 Development Agreement — Chandos Hoaglun: Request for annexation and zoning of 52.90 acres from RT to R-4 by Primeland Development Co., LLP, for proposed Bridgetower Subdivision - north of Ustick Road and east of Ten Mile Road: X. AZ 00-017 Development Agreement — Youngs Land, Ltd: Request for annexation and zoning of 52.90 acres from RT to R-4 by Primeland Meridian City Council Meeting October 3, 2000 Page 4 Development Co., LLP, for proposed Bridgetower Subdivision - north of Ustick Road and east of Ten Mile Road: Corrie: Council, you have the Consent Agenda in front of you. What would you like to do? Bird: Mr. Mayor, on the Consent Agenda, Item D we need to table to October 17, 2000; Items E, F, G, H, I, J, K, L, M and N also need to be tabled to October 17, 2000. With that, I would move that we approve the revised Consent Agenda. Anderson: I would second that. Corrie: With those corrections and additions, any discussion? Hearing none, roll -call vote, please, Mr. Clerk Rall -Call: Bird, aye; de Weerd, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES Corrie: On the regular agenda, it won't be a long meeting tonight, but just for the people that might be in the audience that are here for the Item No. 3, the continued public hearing on the Waltman Court Subdivision, that has been requested that we continue that public hearing until the 17th of October, and also Item No. 5, the request for final plat approval by Packard Estates Development, that has been requested to be taken up on November 8t" rather than tonight. So we will be hearing Items 2, 4 and 6 plus the department reports. Item 2. Ordinance No. 892: Request for annexation and zoning of 52.90 acres from RT to R-4 by Primeland Development Co., LLP, for proposed Bridgetower Subdivision - north of Ustick Road and east of Ten Mile Road: Corrie: So I'll open up the Ordinance No. 892, that's a request for annexation and zoning for Bridgetower Subdivision, and I'll ask the City Clerk to read Ordinance No. 892 by title only at this time. Berg: Thank you, Mayor, members of the Council, Ordinance No. 892: An Ordinance finding that certain land to be known as Bridgetower Subdivision lies contiguous or adjacent to the City limits of the City of Meridian, County of Ada, State of Idaho; and finding that the owner has made a request for annexation in writing to the Council; and that said land be annexed into the City of Meridian and zoning designated low density residential district (R-4); and declaring that said land by proper legal description as described below be a part of the City of Meridian, County of Ada, State of Idaho; repealing all ordinances, resolutions, orders or parts thereof or in conflict herewith; and directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho, and directing Meridian City Council Meeting October 17, 2000 Page 3 Chuck Elliot, The Elliot Group — south of Fairview Avenue and east of Locust Grove Road on Wilson Lane: Item N. Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: CUP 00-033 Request for a Conditional Use Permit to construct an office and shop for proposed Elliot Industrial Park Subdivision in an I -L zone by Chuck Elliot, The Elliot Group — south of Fairview Avenue and east of Locust Grove Road on Wilson Lane: Item O. Findings of Facts and Conclusions of Law for Denial: CUP 00- 041 Request for a Conditional Use Permit to construct a Fred Meyer's Gas Station facility with a canopy, five multi -product gas dispensers, cashier's kiosk and parking lot improvements in a C -G zone by Barghausen Consulting Engineers — Fairview Avenue and Locust Grove: Item P. Water Sewer and Trash Delinquencies: Item Q. Findings of Facts and Conclusions of Law: Request for a Variance of the requirement to tile the Safford Lateral by the Brighton Corporation for Ashford Greens Subdivision — north of Cherry Lane and east of North Black Cat Road: Corrie: Council, you have the Consent Agenda in front of you. How would you like to work that one? Any changes? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: On the Consent Agenda, with the approval of the Council and Mayor, I'd like to table Item D to November 8, 2000; Items E, F and G to November 8, 2000. I'd like to move Item J to the Regular Agenda as Item 1J. I'd like to move Item O to the Regular Agenda as Item 1-0 and Item P, the water, sewer and trash delinquencies to Item 1 P on the Regular Agenda. With that, I would move that we pass the Consent Agenda. Anderson: Second. Corrie: Motion made and seconded to pass the Consent Agenda with the substitution for D, E, F, G, J, O and P. Any further discussion? Mr. Berg, roll call please. Roll -call: McCandless, aye; Anderson, aye; De Weerd; Bird, aye. Meridian City Council Meeting October 17, 2000 Page 4 MOTION CARRIED: ALL AYES. Item U Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: VAR 00-022 Request for a variance to use Meridian City water for irrigation in The Hollows Subdivision by Bond and Shelli Campbell — north of Ustick Road '/Z mile east of Meridian Road: Corrie: I would also like to welcome Troop 190 with us today. Thank you for coming, fellows and Scout Master. I hope we can give you some good tips on how the City Government works. We've moved Item 1J to the first item. No. J is tabled from the October 3`d — Findings of Facts and Conclusions of Law — request for a variance to use Meridian City water for irrigation in the Hollows Subdivision by Bond and Shellie Campbell — north of Ustick Road and half -mile east of Meridian Road. Council, I believe there is a request on that to have the applicant clarify something with the Council. So, if the applicant is here — Manship: Mr. Mayor, members of the Council. I'm Jeff Manship, Pinnacle Engineers, 870 North Linder Road. What my client and I are wanting some clarification on was if we were required to pay a well development fee. The staff comments from the Preliminary Plat didn't indicate they had to pay one. When the Findings of Facts came up, they were giving us the day of the last City Council Hearing and that's what we want to get clarified. I forgot to pay that fee and there was no cost amount to what that fee was. That's kind of where we're at. That's going to be an issue. Corrie: Okay. Gary, do you want to handle that one? Smith: Thank you, Mr. Mayor and Council members. Provision to the ordinance for the pressurized irrigation system allows an alternative for the developer to construct or participate in the cost of a City Well for irrigation purposes. In the past, that option has been known as a Well Development Fee. Right now that fee is in the amount — I can't give you an exact number, but it's somewhere little in excess of $600 per lot. That is an option that's available if the requirement for pressurized irrigation system is waived by the Council. In this particular case, this subdivision does not have adequate water for a pressurized irrigation system, so the applicant was requesting a variance to use Meridian water and had agreed to — or volunteered to construct a pressurized irrigation distribution system that would be connected to City water and was not apparently aware of the well development fee requirement at the time that they agreed to construct a pressurized distribution system. So that's the reason it wasn't discussed at the hearing, as I recall. That's the reason for their appearance tonight is that they would be willing to do one or the other but are opposed to doing both. Corrie: Comment. Meridian City Pre -Council Meeting October 17, 2000 Page 6 Item E. Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: AZ 00-006 Request for annexation and zoning of 12.73 acres from R -T to L-0 and R-15 zones by Vicki Welker / Gold River Companies, Inc., for proposed Valeri Heights Subdivision — northeast corner of Pine Avenue and Ten Mile Road: Item F. Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: PP 00-005 Request for Preliminary Plat approval for proposed Valeri Heights Subdivision with 10 building lots and 2 other lots on 12.73 acres in proposed L- 0 and R-15 zones by Vicki Welker / Gold River Companies, Inc. — northeast comer of Pine Avenue and Ten Mile Road: Item G. Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: CUP 00-014 Request for Conditional Use Permit for proposed Valeri Heights Subdivision for a 128 -unit apartment complex, townhouses and office on 12.73 acres in proposed L-0 and R-15 zones by Vicki Welker / Gold River Companies, Inc. — northeast corner of Pine Avenue and Ten Mile Road: Bird: E, F, and G — Valeri Heights. We have not received the minutes from the meeting, and I believe that I don't feel comfortable until I read the minutes — no reflection the attorney's staff, but that was quite a detailed motion. It had a lot of conditions in it, so I would like to see us table that until the next meeting, which 1 believe is November 8, 2000 if the rest of the Council agrees. Corrie: Bill, I think — Nichols: Mr. Mayor, members of the Council. The attorng for the applicant called me this afternoon and would also like it moved to the 8t so that they have an opportunity also to get the minutes and then submit a written position statement with regard to the draft findings. I think it would behoove us to make sure we get it right the first time, so I agree it should be tabled. Item D. Tabled from October 3, 2000: Findings of Facts and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi -family residential and office and retail use by Touchmark Living Centers — Joseph A. Billig — east of St. Luke's between Franklin Road and Interstate 84: Tabled to November 8, 2000 Nichols: Mr. Mayor, on Item D, which is the Touchmark Living Centers Development Agreement — we're still waiting for some information from them. Meridian City Pre -Council Meeting October 17, 2000 Page 7 They were going to get a corrected legal description and a couple of other items, so we're still waiting on that. That's not been signed yet. Corrie: Is there a possibility we'll have that by the 8th? Bird: I don't know. We've had it (inaudible) six months. Mr. Mayor. Corrie: Mr. Bird. Item J. Tabled from October 3, 2000: Findings of Facts and Conclusions of Law for Approval: VAR 00-022 Request for a variance to use Meridian City water for irrigation in The Hollows Subdivision by Bond and Shelli Campbell — north of Ustick Road '/z mile east of Meridian Road: Bird: Item J —Mr. Manship would like that moved from the Consent Agenda to 1J on the Regular Agenda. We got a letter requesting that. Corrie: Okay. Any other questions? Is Shari here? Bird: Mr. Mayor. Corrie: Yes, Mr. Bird. Item O. Findings of Facts and Conclusions of Law for Denial: CUP 00- 041 Request for a Conditional Use Permit to construct a Fred Meyer's Gas Station facility with a canopy, five multi -product gas dispensers, cashier's kiosk and parking lot improvements in a C -G zone by Barghausen Consulting Engineers — Fairview Avenue and Locust Grove: Bird: We also, on O, had a letter requesting from Dakota Development a reconsideration of that, so do we want to pull that to the Regular Agenda and discuss it or — Corrie: I don't know. What do you think? You're the ones that voted on it. If you want to do that, you certainly can. Anyone of you can do it if you want to hear it. And then, what it is, before you vote — So, anyone of you want to do it? Bird: I'll move it to 10 on the Regular Agenda if it's agreeable to the other three Council people. De Weerd: 10 and 1J. Bird: 1 J and 10. Meridian City Pre -Council Meeting November 8, 2000 The Meridian City Pre -Council Meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 7:15 p.m. on Wednesday, November 8, 2000. Members Present: Robert Corrie, Keith Bird, Tammy deWeerd, Cherie McCandless, Ron Anderson. Others Present: Bill Nichols, Shari Stiles, Gary Smith, Ken Bowers, Bill Musser, Janice Smith, Tom Kuntz, Steve Siddoway, Will Berg Corrie: Okay, I'll open the Meridian City Pre -Council meeting at 7:15 p.m., and, Mr, Clerk, would you read the roll, please. On the Agenda — one of the agendas of the Pre -Council Meeting was the discussion regarding the Idaho Power Substation — South Locust Grove Road and Victory Road. That will not be done. The Ada County Planning has told them that they can't have it, so it's not — it's a moot point at this point at this point right now. Council, at this point we will go over the Agenda and anything that you want to discuss with staff. Bird: Mr. Mayor. Corrie: Mr. Bird. Item G. Tabled from October 17, 2000: Findings of Facts and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi -family residential and office and retail use by Touchmark Living Centers — Joseph A. Billig — east of St. Luke's between Franklin Road and Interstate 84: Bird: I'll ask some questions, then somebody else can jump in. The Touchstone Living still needs to be tabled? Nichols: Councilman Bird, Mayor, members of the Council. We're still waiting on some material from the attorney for the developer on that, so that should be tabled. They don't seem to be in a hurry. We could table this to mid-December. Bird: Until the 19th? Okay. Item H. Tabled from October 17, 2000: Findings of Facts and Conclusions of Law for Approval: AZ 00-006 Request for annexation and zoning of 12.73 acres from R -T to L -O and R-15 zones by Vicki Welker / Gold River Companies, Inc., for proposed Valeri Heights Subdivision — northeast corner of Pine Avenue and Ten Mile Road: Meridian City Council Meeting November 8, 2000 Page 3 Item R. Architect Service Contract for Police Station with Lombard Conrad Architects: Council, you have the Consent Agenda in front of you. What is your pleasure on that? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Item G, the Findings of Facts and Conclusions of Law for Touchmark Living Centers is still not completed. I would move that we table that to December 19, 2000. Items H, I and J, the Valeri Heights, I move that we move them to Items 1H, 11 and 1J in the Regular Agenda. Item R, the architect service contract for police station with Lombard Condrad Architects — I would like to move that to regular item 1 R. With that, I would move that we approve the Consent Agenda as it stands. De Weerd: Second. Corrie: Motion made and seconded to approve the Consent Agenda with the correction of Item G to be tabled until December 19, 2000 and H, I and J be moved to the first item on the Regular Agenda along with Item R. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Item 1 H. Tabled from October 17, 2000: Findings of Facts and Conclusions of Law for Approval: AZ 00-006 Request for annexation and zoning of 12.73 acres from R -T to L -O and R-15 zones by Vicki Welker / Gold River Companies, Inc., for proposed Valeri Heights Subdivision — northeast corner of Pine Avenue and Ten Mile Road: Corrie: The first item on the Agenda is 1 H, which is tabled from October 17, 2000 — the Findings of Facts and Conclusions of Law for approval of the annexation and zoning of Valeri Heights Subdivision. At this time, I'll open it for discussion on the Findings and Facts on Item H. De Weerd: Do you want to ask staff first? Corrie: Yes, I will. Staff comments first. Stiles: Mr. Mayor and Council, I don't have my file that — what all the issues are. I know we had asked for some changes to the Findings and apparently the FILE COPY DEVELOPMENT AGREEMENT 04-10-00 PARTIES: 1. City of Meridian 2. Touchmark Living Centers, Inc. THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and TOUCHMARK LIVING CENTERS, INC., "DEVELOPER"/"OWNER" whose address is 5150 SW Griffith Drive, Beaverton, Oregon 97005. RECITALS: 1.1 WHEREAS, "DEVELOPER"/"OWNER" Touchmark Living Centers, Inc., is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full; and 1.2 WHEREAS, I.C. §67-651 IA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Developer"/"Owner" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Meridian City Code § § 11-7-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Developer"/"Owner" has submitted an application for annexation and zoning of the "Property" described in Exhibit A, and has requested a designation of Limited Office District (L-0), (Meridian City Code) Case No. AZ -99-0021; and 1.5 WHEREAS, "Developer"/"Owner" has made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include DEVELOPMENT AGREEMENT - (AZ -99-0021) - responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the day of , 2000, has approved certain annexation and zoning Findings of Fact and Conclusions of Law and Decision and Order, Case No. AZ -99-0021, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, both the "Findings" require the "Developer"/"Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning and zoning designation; and 1.9 "DEVELOPER"/"OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer"/"Owner" to enter into a development agreement for the purpose of ensuring that "Property" is developed, and the subsequent use of the "Property" is, in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning and re -zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance 4629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT - (AZ -99-0021) - 2 1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER"/"OWNER": means and refers to Touchmark Living Centers, Inc., and its successors, assigns and affiliates, whose address is 5150 SW Griffith Drive, Beaverton, Oregon 97005, the party developing "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". J•3 "PROPERTY": means and refers to Property, Centers, Inc., 5150 SW Griffith Drive, Beaverton, r Oregon 970055,whi hark Living that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses and development allowed pursuant to this Agreement of the subject property shall be subject to and pursuant to those uses allowed under "City'lls Zoning Ordinance codified at Meridian City Code § 11-7-2 G which are herein specified as follows: iL-O) Limited Office )istrict: The purpose of the L -O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to c reate noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L -O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. With the further restriction that all uses and development of the subject real property shall be governed under the conditional use permit process as a Mixed Planned Use Development. For the construction and development of a Mixed Use Retirement Community. DEVELOPMENT AGREEMENT - (AZ -99-0021) - 3 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT AS CONDITIONAL USE: "Developer/Owner has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property". 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Developer/Owner" shall develop the "Property" in accordance with the following special conditions: 6.1 As required in the Comprehensive Plan for Mixed/Planned Use Development areas, any future development on this parcel will be required to follow the Conditional Use process. 6.2 The following landscape buffers shall be required: 50 feet minimum along I-84 (will allow an 8' berm at 3:1 slope) 35 feet minimum along Franklin Road beyond required right-of-way 20 feet minimum adjacent to the Montvue Subdivision 10 feet minimum adjacent to Edgeview Estates Subdivision (beyond canal easement). 6.3 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 6.4 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. DEVELOPMENT AGREEMENT - (AZ -99-0021) - 4 6.5 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or site-specific requirements. as detailed in 6.6 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4. and 11-2-414.D.5. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 6.7 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6.8 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 6.9 All signage shall be in accordance with the standards set forth in Section 11-2- 415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 6.10 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 6.11 All construction shall conform to the requirements of the Americans with Disabilities Act. 6.12 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 6.13 Run-off is not to create a mosquito breeding problem. 6.14 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 6.15 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. DEVELOPMENT AGREEMENT - (AZ -99-0021) - 5 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer/Owner" or "Developer/Owner"'s heirs, successors, assigns, to comply with Sections 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer/Owner" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" to which the default applies subject to and conditioned upon the following conditions precedent to -wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer/Owner" and if the "Developer/Owner" fails to cure such failure within six (6) months of such notice. INSPECTION: "Developer/Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Developer/Owner", "Developer/Owner"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated with respect to the "Property" which is in default by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Developer/Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. DEVELOPMENT AGREEMENT - (AZ -99-0021) - 6 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer/Owner"'s cost, and submit proof of such recording to "Developer/Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer/Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer/Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer/Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements required in DEVELOPMENT AGREEMENT - (AZ -99-0021) - 7 section 6 of this agreement, which the "Developer/Owner" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer/Owner" agrees that no Certificates of Occupancy will be issued until all improvements required in section 6 of this agreement are completed, unless the "City" and "Developer/Owner" have entered into an addendum agreement stating when the improvements required in section 6 of this agreement will be completed in a phased development; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements required in section 6 of this agreement have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Developer/Owner" agrees to abide by all ordinances of the City of Meridian and "Property" as the case may be shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Touchmark Living Centers, Inc. 5150 SW Griffith Drive Beaverton, Oregon 97005 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT - (AZ -99-0021) - 8 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer/Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer/Owner" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer/Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer/Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change, addendum or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted DEVELOPMENT AGREEMENT - (AZ -99-0021) - 9 public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment except that minor modification(s) of required improvements provided for in section 7 may be approved by City Public Works and Planning and Zoning Staff, if such changes are required or preferred by Ada County Highway District Staff. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT - (AZ -99-0021) - 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. DEVELOPER/OWNER ME Touchmark Living Centers, Inc., Developer ATTEST: BY RESOLUTION NO. CITY OF MERIDIAN MAYOR ROBERT D. CORRIE Attest: CITY CLERK BY RESOLUTION NO. DEVELOPMENT AGREEMENT - (AZ -99-0021) - 11 STATE OF OREGON :ss COUNTY OF On this day of , in the year 2000, before me, a Notary Public, in and for said County and State, personally appeared Werner G. Nistler, Jr., President, and Colleen T. Nistler, Secretary, of Touchmark Living Centers, Inc., known or identified to me to be the persons who executed the instrument and acknowledged to me that they did execute the foregoing instrument on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Beachwood, Ohio, this day of 2000. (SEAL) STATE OF IDAHO ) :ss County of Ada ) Notary Public My Commission expires: On this day of , in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) Notary Public for Idaho 'Commission expires: msg/ZAWork\M\Meridian 15360M\Touchmark Living Centers\DevelopAgr DEVELOPMENT AGREEMENT - (AZ -99-0021) - 12 EXHIBIT A AZ -99-0021 Legal Description Of Property TOUCHMARK ANNEXATION 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 1/4 corner of Section 16, T.3N., R.IE., 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 1/4 of the NE 1/4; Thence S 00°06'30" E 558.08 feet along the east line of the NW 1/4 of the NE 1/4 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°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 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 13°51'55" W 426.51 feet; DEVELOPMENT AGREEMENT - (AZ -99-0021) - 13 Thence N 89°2343" W 34.37 feet; Thence S 13°46'18" 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; Leaving the boundary of said Edgeview Estates No. 2; Thence continuing S 13'46'18 11 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°43'22" W 1155.59 feet along the south right of way of Interstate 84 to a point on the west line of the NW 1/4 of the SE 1/4; Thence N 00°13'01" W 227.61 feet to the northwest corner of the SE 1/4 (the center 1/4 corner) of Section 16; Thence N 89°23'35" W 625.37 feet along the south line of SE 1/4 of the NW 1/4 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 1/4 of the NW 1/4; Thence N 00°21'56" W 1281.37 feet to the northwest corner of the SE 1/4 of the NW 1/4; Thence N 89°26'11" W 338.32 feet along the south line of the NW 1/4 of the NW 1/4 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 00°20'17" W 1327.17 feet along said east boundary to a point on the north line of the NW 1/4 of the NW 1/4; Thence S 89°28'47" E 337.68 feet to the northeast corner of the NW 1/4 of the NW 1/4; Thence S 00°21'56" E 496.26 feet along the east line of the NW 1/4 of the NW 1/4 to a point; Thence S 79°29'58" E 117.09 feet to a point; N 00°71'56" W 516.55 feet to a point on the north line of the NE 1/4 of the NW 1/4; DEVELOPMENT AGREEMENT - (AZ -99-0021) - 14 Thence S 89°28'47" E 1003.89 feet along the north line of the NE 1/4 of the NW 1/4 to a point; Thence S 00° 13'01 " E 922.87 feet to a point; Thence S 85°31'47" E 235.00 feet to a point on the east line of the NE 1/4 of the NW 1/4; Thence N 00°13'01" W 939.06 feet along the east line of the NE 1/4 of the NW 1/4 to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 163.288 acres, more or less. DEVELOPMENT AGREEMENT - (AZ -99-0021) - 15 EXHIBIT B AZ -99-0021 Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT - (AZ -99-0021) - 16 SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned General Retail and Service Commercial District (C -G). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of 1999. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTIONS: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. ANNEXATION AND ZONING ORDINANCE - 2 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of .1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of .1999. ATTEST: CITY CLERK STATE OF IDAHO,) : ss. County of Ada. ) MAYOR On this day of , 1999, before me, the undersigned, a 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 Clerk of the CITY of Meridian, Idaho, and who executed the ti; =n i w ra gent, a ".w' nowledged 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. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: msg/Z:\Work\M\Meridian 15360M\Eagle Rd Professional Ctr\AZ.ORD ANNEXATION AND ZONING ORDINANCE — 3 March 18, 2002 Dean Briggs Briggs Engineering, Inc. 1800 W. Overland Rd. Boise, ID 83705 MAR 212002 City of Mesri d i az; City Clerk,.. F 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Re: Touchmark Living Center / Barker Lateral Weir Dear Dean: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District has reviewed the above-mentioned proposed project. The design and installation of the Barker Lateral weir is questionable as to if it will work properly. If it doesn't work this year the District will require a system that meets the District's satisfaction at the end of the water season for 2002 and it will have to be completed in a timely manner. If you have any questions, please feel free to contact me. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln C: File Board of Directors Secretary -Treasurer Water Superintendent Ringert Clark Chartered — B. Farris Sharp & Smith, Inc. — J. Sharp Ride 3 — A. Madsen City of Meridian APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 1�� r WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER PHILIP A. PETERSON WM. R GIORAY, III STEPHEN L. PRUSS BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM F. NICHOLS* TERRENCE R. WHITE" CHRISTOPHER S. NYE -ALSO ADMITTED IN OR • ALSO ADMITTED IN WA 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208)288-2499 FAX (208) 288.2501 William G. Berg, Jr., City Cleric MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Email via Internet @ wfg@wppmg.com March 14, 2000 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE R���U APR 1 1 2000 CITY OF NIEkIDIAN Re: TOUCHMARIC LIVING CENTERS, INC. / ANNEXATION AND ZONING FINDINGS, DEVELOPMENT AGREEMENT, RESOLUTION and CERTIFICATE OF THE CLERIC Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of April 4, 2000. I have also attached the originals of the Resolution and Certificate of the Cleric for the Development Agreement. I have also attached hereto the Development Agreement for the above matter. After the Council's meeting of April 18, 2000, when the Council has approved the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to Touchmark Living Centers, Inc. for signature. If you have any questions please advise. Very truly yo G Wm. F. Nichols msg\Z:\Work\M\Meridian 15360M\Touchmark Living Centers\FFCL and DevAgtClk.ltr MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless April 13, 2000 .--� HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN Becky Bowcutt Briggs Engineering, Inc. 1800 East Oberlin Boise, ID 83705 Dear Becky: 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Re: Development Agreement Touchmark Living Centers AZ 99-021 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 - Fax 888-6854 FILE COPY Enclosed is the original Development Agreement with a copy of the Findings of Fact and Conclusions of Law. These are the Findings that are going before Council on April 18, 2000, for approval. Once the Development Agreement is signed, please forward to Will Berg at the above address for approval at the next available Council meeting. Thanks and please call if you have any questions. Sincerely, L Ur , 4T Shelby Ugarriza City Clerk's Office seu enc. FILE COPY DEVELOPMENT AGREEMENT 04-10-00 PARTIES: 1. City of Meridian 2. Touchmarlc Living Centers, Inc. THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and TOUCHMARII,' LIVING CENTERS, INC., "DEVELOPER"/"OWNER" whose address is 5150 SW Griffith Drive, Beaverton, Oregon 97005. 1. RECITALS: 1.1 WHEREAS, "DEVELOPER"/"OWNER" Touchmarlc Living Centers, Inc., is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Developer"/"Owner" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the _ enactment of Meridian City Code §§ 11-7-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, "Developer"/"Owner" has submitted an application for annexation and zoning of the "Property" described in Exhibit A, and has requested a designation of Limited Office District (L -O), (Meridian City Code) Case No. AZ -99-0021; and 1.5 WHEREAS, "Developer"/"Owner" has made representations at the public hearings both before the Meridian Planning & Zoning DEVELOPMENT AGREEMENT - (AZ -99-0021) - 1 Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning Sz Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the day of , 2000, has approved certain annexation and zoning Findings of Fact and Conclusions of Law and Decision and Order, Case No. AZ -99-0021, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, both the "Findings" require the "Developer"/"Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning and zoning designation; and 1.9 "DEVELOPER"/"OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer"/"Owner" to enter into a development agreement for the purpose of ensuring that "Property" is developed, and the subsequent use of the "Property" is, in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning and re- zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the DEVELOPMENT AGREEMENT - (AZ -99-0021) - 2 Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER"/"OWNER": means and refers to Touchmarlc Living Centers, Inc., and its successors, assigns and affiliates, whose address is 5150 SW Griffith Drive, Beaverton, Oregon 97005, the party developing "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to Property, owned by Touchm_ ark Living Centers, Inc., 5150 SW Griffith Drive, Beaverton, Oregon 97005, which is that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses and development allowed pursuant to this Agreement of the subject property shall be subject to and pursuant to those uses DEVELOPMENT AGREEMENT - (AZ -99-0021) - 3 --k, allowed under "City"'s Zoning Ordinance codified at Meridian City Code § 11-7-2 G which are herein specified as follows: (L -O) Limited Office District: The purpose of the L -O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to c reate noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L -O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. With the further restriction that all uses and development of the subject real property shall be governed under the conditional use permit process as a Mixed Planned Use Development. For the construction and development of a Mixed Use Retirement Community. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT AS CONDITIONAL USE: "Developer/Owner has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property". 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Developer/Owner" shall develop the "Property" in accordance with the following special conditions: DEVELOPMENT AGREEMENT - (AZ -99-0021) - 4 6.1 As required in the Comprehensive Plan for Mixed/Planned Use Development areas, any future development on this parcel will be required to follow the Conditional Use process. 6.2 The following landscape buffers shall be required: 50 feet minimum along I-84 (will allow an 8' berm at 3:1 slope) 35 feet minimum along Franklin Road beyond required right-of-way 20 feet minimum adjacent to the Montvue Subdivision 10 feet minimum adjacent to Edgeview Estates Subdivision (beyond canal easement). 6.3 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 6.4 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 6.5 Off-street parking shall be provided in accordance with Section 11-2- 414 of the City of Meridian Zoning and Development Ordinance_ and/or as detailed in site-specific requirements. 6.6 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4. and 11-2-414.D.5. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 6.7 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. DEVELOPMENT AGREEMENT - (AZ -99-0021) - 5 A-*.- r 6.8 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 6.9 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 6.10 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 6.11 All construction shall conform to the requirements of the Americans with Disabilities Act. 6.12 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 6.13 Run-off is not to create a mosquito breeding problem. 6.14 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 6.15 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer/Owner" or "Developer/Owner"'s heirs, successors, assigns, to comply with Sections 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67- 6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT - (AZ -99-0021) - 6 1-k S. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer/Owner" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" to which the default applies subject to and conditioned upon the following conditions precedent to -wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer/Owner" and if the "Developer/Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer/Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Developer/Owner", "Developer/Owner"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated with respect to the "Property" which is in default by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Developer/Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, DEVELOPMENT AGREEMENT - (AZ -99-0021) - 7 at "Developer/Owner"'s cost, and submit proof of such recording to "Developer/Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer/Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer/Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non - breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer/Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT - (AZ -99-0021) - 8 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements required in section 6 of this agreement, which the "Developer/Owner" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer/Owner" agrees that no Certificates of Occupancy will be issued until all improvements required in section 6 of this agreement are completed, unless the "City" and "Developer/Owner" have entered into an addendum agreement stating when the improvements required in section 6 of this agreement will be completed in a phased development; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements required in section 6 of this agreement have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Developer/Owner" agrees to abide by all ordinances of the City of Meridian and "Property" as the case may be shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk DEVELOPER: Touchmark Living Centers, Inc. 5150 SW Griffith Drive Beaverton, Oregon 97005 DEVELOPMENT AGREEMENT - (AZ -99-0021) - 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. DEVELOPER/OWNER Touchmark Living Centers, Inc., Developer ATTEST: BY RESOLUTION NO. CITY OF MERIDIAN MAYOR ROBERT D. CORRIE Attest: CITY CLERK BY RESOLUTION NO. DEVELOPMENT AGREEMENT - (AZ -99-0021) - 12 STATE OF OREGON ) :ss COUNTY OF ) On this day of , in the year 2000, before me, a Notary Public, in and for said County and State, personally appeared Werner G. Nistler, Jr., President, and Colleen T. Nistler, Secretary, of Touchmark Living Centers, Inc., known or identified to me to be the persons who executed the instrument and acknowledged to me that they did execute the foregoing instrument on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Beachwood, Ohio, this _ day of , 2000. (SEAL) Notary Public My Commission expires: STATE OF IDAHO ) :ss County of Ada ) On this day of , in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) Notary Public for Idaho Commission expires:_ msg/Z:\Worlc\M\Meridian 15360WTouchmark Living Centers\DevelopAgr DEVELOPMENT AGREEMENT - (AZ -99-0021) - 13 EXHIBIT A AZ -99-0021 Legal Description Of Property TOUCHMARK ANNEXATION 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 1/4 corner of Section 16, T.3N., R.IE., 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 1/4 of the NE 1/4; Thence S 00°06'30" E 558.08 feet along the east line of the NW 1/4 of the NE 1/4 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°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 33°16'37" E 620.00 feet; DEVELOPMENT AGREEMENT - (AZ -99-0021) - 14 Thence S 30°51'03" E 493.00 feet; Thence S 00°06'30" E 493.51 feet; Thence S 13°51'55" W 42 6.5 1 feet; Thence N 89°23'43" W 34.37 feet; Thence S 13'46'18" 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; 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°43'22" W 1155.59 feet along the s2ut4 right of way of Interstate 84 to a point on the west line of the NW 1/4 of the SE 1/4; Thence N 00°13'01" W 227.61 feet to the northwest corner of the SE 1/4 (the center 1/4 corner) of Section 16; Thence N 89°23'35" W 625.37 feet along the south line of SE 1/4 of the NW 1/4 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 1/4 of the NW 1/4; Thence N 00°21'56" W 1281.37 feet to the northwest corner of the SE 1/4 of the NW 1/4; Thence N 89°26'11" W 338.32 feet along the south line of the NW 1/4 of the NW 1/4 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; DEVELOPMENT AGREEMENT - (AZ -99-0021) - 15 Thence N 00'20'17" W 1327.17 feet along said east boundary to a point on the north line of the NW 1/4 of the NW 1/4; Thence S 89°28'47" E 337.68 feet to the northeast corner of the NW 1/4 of the NW 1/4; Thence S 00°21'56" E 496.26 feet along the east line of the NW 1/4 of the NW 1/4 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 1/4 of the NW 1/4; Thence S 89°28'47" E 1003.89 feet along the north line of the NE 1/4 of the NW 1/4 to a point; Thence S 00°13'01" E 922.87 feet to a point; Thence S 85°31'47" E 235.00 feet to a point on the east line of the NE 1/4 of the NW 1/4; Thence N 00°13'01" W 939.06 feet along the east line of the NE 1/4 of the NW 1/4 to the REAL, POINT OF BEGINNING of this description; Said parcel of land contains 163.288 acres, more or less. DEVELOPMENT AGREEMENT - (AZ -99-0021) - 16 EXHIBIT B AZ -99-0021 Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT - (AZ -99-0021) - 17 AZ 99-021 March 31, 2000 MERIDIAN CITY COUNCIL MEETING April 4, 2000 APPLICANT TOUCHMARK LIVING CENTERS - JOSEPH A. BILLIG ITEM NO. e REQUEST ANNEXATION AND ZONING FOR CONTINUING CARE RETIREMENT COMMUNITY, SINGLE - AND MULTI -TENANT RESIDENTIAL, OFFICE AND RETAIL USE - E OF ST. LUKES BTW FRANKLIN & 184 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED RECOMMENDATIONS 1-9 ,�rfl 01 Wl Materials presented at public meetings shall become properly of the City of Meridian. WHITE, PETERSON, PR MORROW & GIGRAY, P.A. LAw NAN PA OFFICE 200 EAST CAItLTON AVENUE JUI >EKLEIx FISCHFR POST OFFICE Box 1150 104 NINTH AVENUE SOUTH POSz ONCE Box 247 NAMPA, IDAHO 83653-0247 WM F. GIcaIAY, JIt IDAHO 83680 1150 BRJWT J. JOHNSON MERIDIAN, TEL.208) 466-9272 466.4405 D. SAMUEL JOHNSON WILLIAM A. MORROW TEL (208) 288-2499 WILuAM F. NIcHoLS FAx (208) 288-2501 FAX (�08) pLEAsE REPLY TO CMsTOPHER S. NYE PHLEP A. PETERSON MERIDIAN OFFICE STEPHEN L. PRuss ERIC S. ROSSMAN TODD A. ROSSMAN DAVID M_ SWARTI" TERI NCEK WHITE March 15, 2000,. - MAR 2 0 2000 To: Staff-� Applicant i CITY PIT lLLi 12L Affected Property Owner(s) Re: Application Case No. AZ -99-0021 Hearing Date: FINDINGS AND RECOMMENDATIIO SIS OF ON PLANNING AND ZONING Staff, Applicant and/or Affected Property Owner(s): Please note that these Findin and Recommendations of the Planning and on the �bove Zoning Commission shall blanpr1lesnena d to the n`" Administrator. DCouncil at the ueto the vlic hea olume of matters referenced matter by the P $ition is which the City Council a n stent format by which d to matters our are presenteos d at the public hearings important to h before the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of thoure Planning and Zoning Commission, and be J mmamgdto state and Recommendati noSitis of the lanningcation by and Zoning Commissthe ion; and FFandddgvrn►gs That you carefully complete (be sure it is legible) the Position Statement if You disagree with the Findings and -Recommendations of the Planning and Zoning Commission- The Position Statement form for this application is available at the City Clerk's office. It is recommended that you pre are a Position Statement and deliver it to the City Clerk prior to the hearing: if possible. If that is not possible, please present your. Position Statement to the City Council at the hearing, along with eight (8) copies. The co qes will be resented to the Mayor, Council, Planning and Zoning Administrator, Public o position the City Attorney. If you are a part of a group, it is strongly recommended that Statement be filled out for the group, which can be signed by the representative for the group. Very truly q1ty'ome Office Iy/ Ll BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 157.876 ACRES FOR A MIXED USE RETIREMENT COMMUNITY BY TOUCHMARIC LIVING ) CENTERS ) Case No. AZ -99-0021 PXCEIVEI) MAR 2 0 2000 CITY OF MERIDIAN RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is approximately 157.876 acres in size and is located east of St. Luke's Medical Center. The property is designated as Touchmark Living Centers. 2. The owner of record of the subject property is the Touchmark Living Centers Inc., Beaverton, Oregon. 3. Applicant is Joseph A. Billig, of Touchmark Living Centers. 4. The property is presently zoned by Ada County as R-3 C-2 and R -T, and consists of bare land. 5. The Applicant requests the property be zoned as L -O. 6. The subject property is bordered to the north, east and west by the city of Meridian, and to the south by the interstate I-84. 7. The property which is the subject of this application is within the Area RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING - 157.876 ACRES TO L -O FOR MIXED USE RETIREMENT COMMUNITY BY TOUCHMARK LIVING CENTERS of Impact of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: as a Mixed Use Retirement Community. 10. The Applicant requests zoning of the subject real property as L -O which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 12. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 1. The legal description submitted for the property is correct and places the parcels contiguous to existing city limits at St. Luke's Meridian Medical Center, I-84, and a portion of Franklin Rd. RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - 157.876 ACRES TO L -O FOR MIXED USE RETIREMENT COMMUNITY BY TOUCHMARIC LIVING CENTERS 2. Staff agrees with the proposed L -O zone for the project. Planned Unit Development -General, General Planned Residential uses, and Planned Commercial Development are all conditional uses in the L -O zone. 3. Staff has done an initial review of these parcels in regard to the current Comprehensive Plan Update process. City Council ordered Findings of Fact and Conclusions of Law with a favorable recommendation for the applicant's Comprehensive Plan Amendment request to change the land use designation to Mixed/Planned Use Development at their meeting of 11/3/99. The requested L -O zone would be compatible with this land use designation. 4. As required in the Comprehensive Plan for Mixed/Planned Use Development areas, any future development on this parcel will be required to follow the Conditional Use process. 5. The following landscape buffers should be required: 50 feet minimum along I-84 (will allow an 8' berm at 3:1 slope) 35 feet minimum along Franldin Road beyond required right-of-way 20 feet minimum adjacent to the Montvue Subdivision 10 feet minimum adjacent to Edgeview Estates Subdivision (beyond canal easement). 6. A Development Agreement is required as a condition of annexation. Z.\work\NTMeridian 15360M\Touchmark Living Centets\AZRecs.wpd RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING - 157.876 ACRES TO L -O FOR MIXED USE RETIREMENT COMMUNITY BY TOUCHMARK LIVING CENTERS JIM JONES & ASSOCIATES RECEIVED Attorneys at Law AR;R 0 4 2000 1275 Shoreline Lane City of illeridian Boise, Idaho 83702-6870 City Clerk office Jim Jones John McCready Boise: (208) 385-9200 Fax: (208) 385-9399 Fax Transmittal Cover TO: HONORABLE ROBERT CORRM MERIDIAN CITY COUNCIL ATTN: SHELBY COMMENT: Total Number of Pages (Including This Page): 21 Date: April 4, 2000 FROM: JOHN MCCREEDY Original Document: will be sent by first-class mail X 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 privilege, confidential, and exempt from disclosure under applicable law. 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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 first class mail APR 04 '00 11:51 �A�QrgQ onr_c ra, JIM JONES & ASSOCIATES Attorneys at Law 1275 Shoreline Lane Boise, Idaho 83702-6870 Jim Jones John McCreedy Boise: (208) 385-9200 Fax: (208) 385-9599 April 4, 2000 Honorable Robert Come Mayor of the City of Meridian Members of the Meridian City Council Attn: Shelby City Hall 33 East Idaho Meridian, ID 83642 Re: Request for Annexation, Zoning and Conditional Use Permit by Touchmark Living Centers/CUP 99-39 Dear Mayor Corrie and Members of the City Council: 1 am writing; on behalf of most (but not all) of the Montvue Subdivision Residents (Residents). A list of the Residents I represent is attached to this letter as Exhibit A. This letter and the attached exhibits supplement the letter, exhibits and testimony provided by the Residents to the Planning and Zoning Commission (Commission) on February 22 and March 13, 2000. Please include this letter and the attached exhibits in the official record for the annexation, zoning and conditional use permit application submitted by Touchmark Living Centers (Touchmark). For the following reasons, the Residents request that the Touchmark application be deferred or denied. ACHD Has Not Taken Final Action on the Issue of Public Streets On January 5, 2000, the ACHD Commission voted to approve the Touchmark application, subject to the requirement that Touchmark enter into a development agreement with ACHD that (a) specifies the primary streets within the proposed development that will be dedicated as public streets; (b) identifies the location and configuration of the public street connection between the development and the eastern boundary of the Montvue Subdivision; and (c) identifies the location, configuration and permanence of the vehicular connection between the development and the St. Luke's Campus. The ACHD Commission determined that the Applicant was required to bring the development agreement back to the ACHD Commission for review and approval. APR 04 '00 11:51 3859599 PAGE.X) --....., uyc 'J Page - 2 As of April 4, 2000, the ACHD Commission has not taken final action regarding the Touchmark application. The ACHD Commission has not decided which streets within the proposed development will be dedicated as public streets. The ACHD Commission has not decided whether the vehicular connection between the Touchmark development and St. Luke's campus will be a public street. This matter should be deferred until ACRD takes final action on the applicant's proposal for private and public streets. The Application Does Not Comply with the Meridian Comprehensive Plan or Zoning and Development Ordinanc The Montvue Drive intersection with Eagle Road operates at Level of Service "F" conditions during peak hour periods. Dobie Engineering Report dated August 10, 1999, attached as Exhibit 8. After studying the record in the St. Luke's Phase 3 matter, the Meridian Planning and Zoning Department recommended that a public road be dedicated along St. Luke's northern property boundary. Mr. Siddoway stated as follows: 1. The current Meridian Comprehensive Plan designates the Montview Subdivision as Mixed/Planned Use Development. This designation allows for commercial and office uses. As such, the land needs adequate public access to handle future development of this property as planned for in our Comprehensive Plan. Recommendation St. Luke's should be required to dedicate right-of-way for a future public road along the north property line, to include stub street access to the property line. No public road improvements should be required at this time at St. Luke's expense. The drive should be required to be upgraded to public road standards when the property to the east is developed, at developer's expense. The Montview residents are encouraged to accept St. Luke's offer for private residential access to their subdivision in the meantime, if the offer is still available. September 16, 1999 Memorandum from Steve Siddoway to Meridian Planning and Zoning Commission, attached as Exhibit C. On or about October 13, 1999, the Commission issued a written recommendation to the City Council that St. Luke's application be approved subject to conditions, including the following requirement: 1.21 Applicant shall dedicate 200 ft. of its existing driveway with signalized intersection eastward from Eagle Road as a public right-of-way. The dedication is to include the area from the north property line south to a APR 04 '00 11:51 3859599 PAGP.27 Page - 3 T*N .r. -- .. ... v.-. , i ayC Y ^\ point one foot (1 ft.) beyond the southern curb. No improvements will be necessary prior to dedication. See, Exhibit D attached hereto. Unfortunately, the City Council rejected the Commission's recommendation. The Residents have appealed the City Council's decision to District Court. ACHD's findings and conclusions on the Touchmark application actually support the need for a public street connection along St. Luke's northern property boundary. The ACHD Commission concluded that a vehicular connection between the Touchmark property and St. Luke's signalized intersection on Eagle Road will greatly reduce the impact from the Touchmark development on the Eagle Road/Franklin Road intersection, an intersection that is already over capacity. The ACHD Commission made it a condition of approval that Touchmark provide an adequate vehicular connection between the Touchmark and St. Luke's properties. ACHD's Findings, p. 14. Similarly, the Meridian Zoning and Development Ordinance requires the Touchmark development to be adequately served by essential public facilities, including streets. MCC §2-4180 ACHD concluded that the Touchmark development will generate 9,024 additional vehicle trips per day. The Traffic Impact Study prepared for Touchmark by Six Mile Engineering concluded that 40% of the Touchmark traffic would use the overburdened Eagle Road/Franklin Road intersection. ACHD's condition that a vehicular connection be made between the Touchmark and St. Luke's properties was intended to allow traffic generated by the Touchmark development to avoid the Franklin Road/Eagle Road intersection, and instead use the St. Luke's signalized intersection at Eagle Road. It follows that approximately 3,600 additional vehicle trips per day from the Touchmark development will use the St. Luke's signalized intersection (40% of 9,024). To accommodate these 3,600 vehicles per day, Touchmark and St. Luke's have proposed private driveways, a plan which makes no sense in light of ACHD's conclusion that an adequate vehicular connection is necessary in order to serve the Touchmark development. Moreover, while ACHD has concluded that it is necessary to provide the traffic generated by the Touchmark development with an alternate route to avoid the Franklin Road/Eagle Road intersection, the Commission has now concluded that Ada County's existing residents (i.e. the Montvue Residents) are not entitled to the same consideration. Meridian City Code § 2-418C(5) requires the Touchmark development to be adequately served by "essential public facilities and services such as highways, streets" and other services. Meridian City Code § 2-418C(8) requires the Touchmark development to have vehicular approaches to the property which are so designed as not to create an interference with traffic on surrounding public streets. The same findings must be made to support Touchmark's requested zoning amendment. Meridian City Code §§ 2-416K(7) and (10). The ACHD Commission has concluded that a vehicular connection between the Touchmark property and St. Luke's signalized intersection on Eagle Road is necessary to APR 04 '00 1152 3859599 PAnW ria 14" ---1 Page - 4 ,. -1 -1., ayc J reduce the impact from the Touchmark development on the Eagle Road/Franklin Road intersection. ACHD Findings, pp. 9 and 14. The ACRD Commission stated: The site pian shows at least one private vehicular connection between the site and the St. Luke's Medical complex in a location that would provide the future occupants of this site good access to the traffic signal at St. Luke's driveway intersection with Eagle Road. Such a connection will greatly reduce the impact from this development on the Eagle Road/Franklin Road intersection. Id., p. 9. ACHD has stated that "[t]he connection does not have to be a public road." Id. However, Meridian City Code §§ 2416K(7) and 2-418C(5) require the Touchmark facility to be adequately served by "essential public facilities[.]" ACHD has concluded that the vehicular connection between Touchmark and St. Luke's is essential, and the Meridian Zoning and Development Ordinance requires that essential connection to be a public street. The City of Meridian therefore has authority to require a public connection through the St. Luke's property, and the private connection proposed by Touchmark and St. Luke's should be rejected. On September 16, 1999, Mr. Siddoway recommended to the Commission that right- of-way for a future public road be dedicated along St. Luke's north property line to include stub street access to the Montvue Subdivision. See, Transcript of Public Hearing Conducted September 16, 1999, p. 100 (attached hereto as Exhibit B). Larry Sale of ACHD testified to the Commission regarding St. Luke's application, access to the Montvue Subdivision, and the need for a public road. Regarding the Touchmark application, Mr. Sale testified: That's the time when we'll find out our fatal our (sic) error was in not requiring or not encouraging St. Luke's to provide a public right of way to their east boundary in the initial application. I think we all recognize that it's needed. At this point, 1 have to defer to the lawyers as to whether or not we can do it today. Id., p. 186. ACHD has not required a public "loop" road connecting Franklin Road with Eagle Road through the Touchmark development and St. Luke's campus. However, ACHD has required that an adequate vehicular connection be made connecting Franklin Road with Eagle Road through the Touchmark development and St. Luke's campus. The Meridian City Code requires the Touchmark development to be adequately served by public streets. It follows that the "vehicular connection" must be a public road. The Residents' existing access to Eagle Road is unsafe. Proper planning requires that the Residents be provided with adequate public access to both Eagle and Franklin Roads. The Residents renew their request that a future public road be dedicated along St. Luke's APR 04 100 11:52 3859599 PAGE.05 .r v �.Faye o Page - 5 northern property line so that the Residents are provided with public access to the signalized intersection on Eagle Road. iRM y 4!-�, 7cCrey ICNUtg cc Clients APR 04 '00 11:52 3859599 pony a9 EXHIBIT A 1. Jeff and Stephanie Addy 2. Ron and Charlet Bcntzinger 3. Ed and Madeline Burtner 4. Jim and Jan Clark 5. Jeff and Natalie Fuss 6. Glenn and Tresha Griffiths 7. Karoly Hatvani 8. Gus and Stella Hein 9. Wes and Rosie Hoalst 10. Arles and Mary Hoffbauer 11. Don and Robin Hollingsworth 12. Forrest and Linda Keirnes 13. John and Lana LaPointe 14. Dale Lindley 15. Chris and Mary Mustafa 16. Jim Ownbey and Diane Stewart 17. Stuart and Jackie Robinette 18. Eric Rohr 19. Scott and Madonna Rudder 20. Patty Ruyf 21. Mel Sutherland and Lisa Dunagan 22. Rick and Thora Willis APR 04 '00 11:52 3859599 PAGE.07 APR 04 '00 11=52 ll'ti EXHIBIT B 3859599 PAGE.08 AUG -11-99 WED 02:32 P-- DOSIE ENGINEERING. INC_ 2,y0 345 3290 ti DOBIE ENGINEERING, )LNC. �.( 777 Hearthstone Dr_ Boise, ID 83702 (208) 345-3290 August 10, 1999 Ada County Highway District Corn=' sioners Ada County Highway District 318 E. 37th St. Boise, IOD 83714 ISE: MCUP 99-23 Dear Commissioners: This memorandum addresses traffic and access issues at the St.. Luke's 3Legional Medical Center. and the adjacent Montvue Subdivision on Eagle Road in Meridian. Residents of the Montvue Subdivision have requested public access to Eagle Road along the'. north boundary of the St. Luke's medical center. In support ofthis request, consider the Mowing: 1. E7dsting Conditions �� ;,COMMOUS..._ -c-volumes on Eaglc Road exceed 30000 vebides per day, and tragic queues from the Franklin Road signal frequently block all access. MA traffic volumes, frequent accidents, high rates of speed and improper lane usage are prevalent on Eagle Road at this location. When 1TD widened Eagle Road in 1990, they realigned Montvua Drive to align with Springwood Drive., This changed the interseCdOa geometry from a 3 leg toa 4 leg intersection. As a result, the safety and efficiepcy of the access was decreased Drivers ekttrig Montvue Subdivision to the south ,how expatu=lcyel of service "1+" conditions most of the day. Z.i"us`�ig ,.rda.,_.t.i.,u�e,,.l.Y"ALu.*.pp. aci_ Aatneedat�bcc.. . reaed. 2. Future Conditions Traffic volumes on Eagle Road are projected to increasc up to 20'io per year. St. Luke's is a major contributor to this growth. At full .buildout, the St. Lukes medical offices and hospital will add 25,700 new vehicle txips per day to Eagle Road (CH2NM, 1995.) Proposed solutions to the resulting capacity problem Include full access control and/or construction of an urban interchange at the major intersection of Eagle aad Franklin Roads. Without access to the St Luke's roadways; all of the proposed solutions will leave the Montvue Subdivision functionally land -locked with no access to eitUr Eagle Road or Franklin Road. Without proper plaaning at this time, re-establishing access to the Montvuc Subdivision will result in significant public expense is the future` APR 04 '00 11:53 3859599 PAGE. 09 P. 02 OUG-11-99 WED 02:33 PM—onIE ENGINEERING. INC. 2er�45 3290 1. DOBTE E1�iG11YEI'<RING, INC 777 Hearthstone Dr. Boise, M 83702 ' (20a) 343-3290 3. Alternatives In 1997 ACHD had MK Centennial prepare the Eagle Road ,A.cem Control Study. That study recommended: a) restricting Montvue Drive to right -turn only as Eagle Road approaches capacity, and b) connecting Montvue Drive to the St` Luke's signal when Eagle Road reaches capacity. .In 1995, ACHD hired CH2NUM tore are a comprehensive traffic impact F p F p study of the St. Luke's property together with the undeveloped parcels to the east. That study identified the fallowing: a. A, traffic circulation plan with separate (nock-Ontiected) accesses to Franklin Road and Eagle Road wM result in a f diae LOS V condition at the Franklin/Eagle intersection (ref Scenario 2B.) b_ A circulation plan with interconnections between parcels will more effectively accornmodatc projected traffic and result in a future LOS 'D" condition at cher FrarlinlEa$lc Intersection (ref, Scenario 4B,) Botlk of these reh . �: _ comp t+e�stu piedzct that access ca the Mauer Subsowwa he los[ in tfie u1�31,+ bl�iedboth Stwd%c altrnara to do �� '`W�;e:s,.'&'Lofeokrr.,�•wtoi.11_5..'t�:.z..rlx iroad`as 4. Public Policy Land developments similw to the St. Luke's expansion normally conform to ACHD policies. Conditions of approval require: 1) devdopm= of a public collector road at a mid-section line location; 2) provision for stub streets to adjacent properties; 3) access planning and right -of --way preservation for projects in the Long Range Transportation Plan (Franklin/Eagle intcr+change); and 4) accommodation of future traffic from adjacent lands based on the zoning and dcvelopment potentisi ofMcridian's Comprehensive Plan. A good example of the application of these policy gui&Xw&s was the development of Plaza Street at the Albertson Eagle store. At that location, &public acus alternative was planned, constructed and funded with development impact fees. As a result, safe and efficient access to the arterial system was provided to everyone. I hope this information is use1W fvr selecting the best alternative for taus situation" I look #err wa' rd to discussing this matter further., P. ea APR 04 '00 11:53 3859599 PAGF.12 APR 04 '00 11:54 EXHIBIT C -1- -1- I,— be ,- be Memo TO: Planning & Zoning Cornmss cn tiro m Steve Siddoway, Assistant Planner CG Jeff Fiat, St Luke's John McCreedy, Montvxw Subdivision Laity Sale, AC HD ►v eddan City perk Da6w 9/16199 Ree Staff Recommendation Regarding Public Rued through St Luke's Meriden Medrol Center Staff recotvnends approval of the St Luke's application vvffh the condifials noted In our staff report crated August 9, 1999 and amended In our mon at the first hearing. The following comrner'tb3 specaficaiy address file public vs, private road Issue. Amprhe aurern Medd-art Ca npneher*ive Plan design the Morrtvi®w SuDdlvWon as l0kedlPanned Use Devdop Twp This designation allows for corrawciei and office uses As such, the kind mods adequate pubic accese to handle future development of this property as planned for in our Comprehensive Plant. 2. It Is dear that St Luke's has aMrays envisioned their dive as a private road in a dosed campus road system. The nequirenent to fo w St Luke's to incur the costs of upgradng the pnlvedus mad to public road veould have to be based on the impact and merits of the SL Luke's application afore. Since the ca rnpws concept was pnasented ffi the time of the first St Lukds CUP, St. Luke's should not bear the full burdwt of cwv3bucting a public road. 3. ACHD anticipated a hiture public road connection through St: Luke's property and sued so In their owwnerds on the first St. Luke's CUP. The final ACHD Leber for the St Lulu's.CUP (revised) dated June 9. 1994 states that "a Fad and Rrtdntg has been added to consider ftm roadway Ouv edicm to the east.° That fording oras number 6 as folk we: �r_' � � •ten •: r;.• •• : ►� • • �•. ;. • : :. • • • � • 4. The final ACRD letter regarding the Bews' development just east d St L.uke's required a public road to be wed through to Eagle Road. it states that "tram a traft drolation ster#xint, it vwutd be much Neuter if this sit® had direct access to Eagle Road.' It ftuther std under section L that. "staff recerrmends #*F;3( the developer be required to cons#W the 13W off site improvements and provide a public street connection through to Eagle Road." EXHIBIT D APR 04 '00 11:54 3859599 PAGE.14 OCT 13 '99 11=31 FR CITY OF MERIDIAN 208 884 4259 TO 3859599 --ft, ,� BEFORE THE PI.ANN)NG AND ZONING COMMISS) Iv THh MATTER OF THE REQUESTFQR CONDITIONAL USE. PERMIT kOK PHASE 3 OF Sl'. LUKE'S RL•C;IONA.L MEDICAL CFNTFR ST. LUKE'S REGIONAL MEDICAL CENTER, Applicant Case N,0. CUP -99-023 RECOMMENUATION '1"0 C:11'y COUNCIL INTRODUCTION 1. '1'lic property 1,% located ;u the corner of Ea,41r !toad anJ I-84 at 520 S. Ezi.gle Ituad. ivlt,.rWian. lrmm. :'. Tic rnvticr of record of the subjecT property is St. Luke's Rc4)iuna) Medical Lcnter of 190 T. Ammoc:k. Boise. Idaho, Aphlic.lnt is owner of record. 4. Tho Aubjt:a property is Lurromly Toned Liutitcd Offirc, (L.0). The munin,t; diNtri(t of L -C) is defined %vithbi thc Cit.v of tvlcridian Zoning aild Dc.velolimcm Ordilmocc, Section 11=+ --iii 3. The proposrd appliam ion reyuebrc 1 coadidunal fisc, hermit for c ivt cructitni rind devclopntetit da 2:1 hour liosp4al Iacilin' C�m.ixtitl� n( a six story hluS llleClrutiC:ll hCitclwu�r hltilditu; of 182.600 stl.f'r. The Meridian City Zoning RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT — ST. LUK1_'S REGIONAL WDICAL f-F.N'I*EIZ PHASE 3 OCT 13 '99 10=54 POM c+i APR 04 '00 11:54 3859599 PAGE.15 OCT 13 '99 11:32 FR CITY OF MERIDIAN _ _ ....I I 208 884 4259 TO 3659599 P.do✓eb 1,1 7 A )(►hilum 20' landsc'apwd buffer must be provided ;11011g all l►rnpVrry linea adjoct:m to residcm.ial propcny. 3.5' is recommended as sho►ws1 rn1 L11C prt11)ms4ed SiTe plan. 1 ,1 ii Applicant. shall CoOrditl:11c 1017,31 itlIV ;led COI 15Tructiutl requilemr-nu of trash enclosure wiih Sanitary &-rvi►'es. (nt•..:lml provide a letter o approval from their office prior to applying for building hermits. 1.19 Applicant, shall provide a letter of appmval from Ada County Higilcv:,y Dh,triLt with subminal. of site plan prior u) issuance of Ccrillicatc of Zuning Complianm 1."?i) Applicant shrill provide handicapped accosibJe parkisly spaces and J5S0CiAEc'd si.gnage in accurdanct with the AmUi(,4111S Witll I)i"hihTlo.; Act. All building and parking lot construction shall meet the rcquircmenu Of the A ncricans with Disabilities Act. The Planning and .Zoning Commission further rccommends: 1 .11 N)plica uz sllttll LJCtI1Ci1LC :QUI) A. of its existing driveway with Wignall%tai r; intersectivl► casmard from Cagle Rout as a public: right -+)f -way. The dedicatimt is to iticludr t11e arca trate ttlr lwrth yrops'nv lion south to «�-�, pnitli gnu` ft,t�r (1 fi.) 1)Gvchld the st)Utllrn► �titrh. f�A iml)rtwCitlrnts w1l br li et r•ary prior to dcdicatlun. l�:ora� . 1.22 The City of Nicridian hereby waives ally unforseen setback pmhlcros. 1.23 The Applic;►nt shall hrovidc adeytlam. parking for sixth floor occupants prior to issimilce of an occupaixy permit. .•w!\i�'�nk`�1�.�•Irua�.�rt ►�3nO�H�rla�k�c,11'h�seTlla: 1 RL•CONlM1:NDATION TO CITY COUNCIL- G ('0NDI'l'10Ni1L USE PCRMIi' —.ST. LUKE'S RFC1nNAL MEDICAL CENTER VIJASE 3 OCT -13 199 10:56 O/Nr_`C M P.08 APR 04 100 11:55 3859599 PArF.1F EXHIBIT E APR 04 '00 11:55 3859599 PAGE.17 SL Luke's should be required to dedicate right -0f -way for a futt m pubtfc road aicng t* north pmpefly Me, to include stub sfieet access tic) the property fine. No public road improv mer is si-mid be required at this time at St Luke's expense. The drtve should be required to be upgraded to public road Ards when the property to the east is developed, at the developers expense_ The Mordview residents are er>couraged to accept St Luke's fifer for piwaite residential to their subdMsicn in the rnearrtlme W the offer is still avail Tal -go is lseua� Steve Rutherford is prepared to address the tatdngs issues raised by St Lintas. • Page 2 APR 04 '00 11:54 3859599 PAGE.13 MERIDIAN CITY COUNCIL MEETINGS REQUEST FOR CONDITIONAL USE PERMIT FOR PHASE 3 OF ST. LUKE'S MERIDIAN MEDICAL CENTER MERIDIAN, IDAHO August 31, 1999 September 16, 1999 October 19, 1999 November 3, 1999 COPY Nancy Schwartz Reporting 2421 Anderson Street Boise, Idaho 83702 (208) 345-2773 APR 04 '00 11:55 3859599 PAGE.18 �i 1 L. Nn r F� Meridian, Idaho Condcnselt l Page 97 mFRIDIA,N, IDAHO, THURSDAY, SP1-M.NMER. 16, 1999 2 3 THE calci 1v1AN: Good morning, ladies and 4 gentlemen. I would like to convene this special 5 session Meridian Planning and Zoning Commission. 6 This is a continued public hearing on a request for 7 a conditional use permit for Phase 3 of St. Luke's 8 Medical Center by St. Luke's Medical Center. 9 Again, this is continued. We have had one meeting, 10 and we are going to proczcd on, keeping in mind 1I that we have had a lot of information testimony I2 from a previous meting. 13 So, let's start with -- again, I'd like 14 to start with a staff report. I think there's been 15 an opportunity to answer some of the questions that 16 some of the commissioners had from our last 17 meeting, and Steve may have some additional 18 information for us. 19 If you'd like to begin, Steve. 20 MR SIDDOWAY: Mr. Chairman aid 21 commissioners, staff has spent a great deal of time 22 over the last week or so since the last meeting 23 researching the various issues in this hearing, and 24 as you recall, you had asked me to get 25 representatives hese from several agencies. I Page 98 1 confirmed them, and they should be here tonight. 2 So, if you have questions for ACHD, ITD, and the 3 Meridian Fire Department, in particular, they 4 should have representatives here tonight. 5 Up on the wall here is the proposed 6 Phase 3 site plan that we reviewed at the last 7 hearing. The area to the west is the existing 8 St. Luke's facilities for Phase I and 2. The area 9 east of the red line is the area that's proposed to to be developed for Phase 3. I made a little vicinity 11 map to kind of outline the key players in this 12 debate. St. Luke's Medical Center is on this site 13 here. Montvue subdivision is to the north. This 14 is Eagle Road. This is Franklin, and the Touchmark 13 properties, which currently has an application 16 fled with the city of Meridian for comp plan 17 amendment to allow for mixed planned use 1s development, is noted to the east of St. Luke's. 19 You received tonight staff recommendation 20 on the public -road issue which I'd just like to 21 briefly go through First of all, I will state = that staff's recommendation on the application as a 23 whole is to approve it with the staff report that 24 you received last time dated August 9, 1999, to 25 include our amendments that were part of our Nancy Schwartz Reporting (208) 345-2773 APR 04 '00 1155 fublic Page 99 1 presentation at that meeting and to specifically 2 address this public road versus private road issue. 3 "The first issue that we see as we look at 4 the Meridian comprehensive plan for the Montvue 5 subdivision, we do note that that is mixed planned 6 use development and would allow for commercial and 7 office development, and as such, we feei it does 8 need adequate public access in the future. At the 9 same time, it's also clear that St. Luk. -'s has 10 always envisioned this as a private campus. They 11 presented it as such in their initial conditional 12 use permit hearing, and we feel that because of 13 that, St. Luke's should not bear full burden of 14 constructing a public road - l5 It is clear to us that ACHD bas 16 anticipated a future public road connection 17 through the St. Luke's property and stated so in 18 their comments on the first St. Luke's CUP that 19 finding is referenced in that -- in the memo as -- 20 under No. 3. It has a subheading of 6 from the 21 ACRD letter. It says, "Staff anticipates future 22 roadway connections to the cast. The developer 23 should coordinate these connections with district 24 staff and the adjacent landowner to the east." 25 Fourth, part of the Toucbanark -- what is currently Page 100 1 the Touchmark property was once owned by 2 Ed Be", and he had a development application in 3 the city of Meridian. As part of that application, 4 ACHD's final letter did require a public road to be 5 constructed through to Eagle Road and states that. 6 from a traffic -circulation standpoint, it would be 7 much better if this site had direct access to 8 Eagle Road. It further states that staff 9 recommends that the developer be required to 10 construct the listed off-site improvements and I1 provide a public street connection through to Eagle 12 Road. The location of that was up for some 13 discussion. 14 Based on all of these facts, our 15 recommendation is that St. Luke's should be 16 require to dicate right o way Tor a rue 17 public road along the north property line to 18 in2ude stub access to otrtvue 19 subdivision on the property ne. No public road 20 improvement should be requr�red at this time at 21 St. Luke's expense, however, and the drive should 22 be upgraded to public road standards when the 23 property to the east is developed at the 24 developer's expense. 25 There were some takings issues related to Page 97 - Page 100 3859599 PAGE.19 Public Hearings Cond=selt! T" Page 181 1 that matter, Franklin Road at the other end. 2 THE cHAIRMAN. Home Depot is — 3 MR. SA.LS: Forget Home Depot 4 THE CHAIRMAN: Well, I've been there a 5 lot of times, and there is not -- 6 MR SALE: Home Depot, you drive in two 7 car lengths, and there is somebody trying to get in a to the main driveway on your side, and we 9 encouraged them to block that off and post it for 10 employee parking. I'm not sure if they've done 11 that yet or not, 12 THE CHAIRMAN: They did do sorne 13 rearranging, but the difference there would be a 14 retail establislnncnt with people in and out rather 15 than residential, 16 MR. SALE: But it has to do with the 17 conflict of vehicles trying to get in to the 18 roadway and having room to stack back from the 19 signal. 20 THE CHAIRMAN: You're saying two car 21 lengths is not enough? 22 MR. SALl3: Two car lengths is not enough 23 Two hundred fent would be good. 24 COMMISSIONER BROWN: And how many car 25 lengths in 100 feet? Page 182 1 MR. SALE: The way we Idaboans park, it's 2 about four. Should be about 5-1/2. We tend to 3 leave a little extra room between our bumpers which 4 I find myself being guilty of. If you go to New 5 York City, why they're scrapping the enamel off 6 each other's teeth. 7 COMMISSIONER BROWN: You've mentioned, a 8 collector street, and yet there's no plan that I'm 9 aware of that designates that to be a collector. l o You're anticipating the development to the east 11 requiring a collector; is that what I'm 12 understanding? 13 MR. SALE: Mr. Chairman, Mr. Brown, I'm 14 glad you brought that up. It seems that you're 15 discussing three issues here tonight. You're 16 discussing an application by St. Luke's. You're 17 dis ssmg access to on division. An then 16 you're discussing the need for a pu ]1cro 19 . Dobie redated UF—an-aTogy o_T9t_TMce1s 20 to the Boise Towne Square, and the problem with 21 traffic in the area of Boise Towne Square is not 22 necessarily the mall itself. It's what we call a 23 spin-off development. You've seen that term in the 24 paper a lot It's the development that happened in 25 the half mile around the mall. 'age 181 - Page 184 Meridian, Idaho Page 183 1 The roads were designed in that area to 2 accommodate the million square foot mall and about 3 a million square fest more development but 4 developed at a ratio of half office and half 5 retail. And to and behold, there isn't very much 6 office there. The spin-off development has been 7 almost entirely retail which generates a higher -- 8 a lot more trips. 9 When St Luke's carne through, we — it 10 was at a time when 1 think I bad four staff 11 members. I now have nine. Talk about the cost of 12 growth. We did not have a traffic engineer on 13 staff, on my staff. We do now. We saw an 14 annexation come through for a 21,000 square foot 15 building and a medical facility and this wonderful 16 word closed campus, and we said -- we just didn't 17 give it the attention that it deserved. We did 18 not anticipate the spin-off development from a 19 facility such as this. 20 Had this beta a residential subdivision, 21 we would have routinely required public street 22 extensions to the east boundary in order to have 23 what we call connectivity in order for people to 24 communicate back and forth between one subdivision 25 and another to pick up the kids to go to the soccer Page 184 1 game or to go to the school or to go to the play or 2 whatever so that they don't have to go out an Eagle 3 Road or Franklin Road to get to one another's 4 homes. 5 It wasn't a residential subdivision. It 6 was St Luke's. It was a closed campus, great 7 sounding word, and we thought, well, they've got s access to Eagle Road. That's all they need. We 9 totally spaced out the spin-off development. We 10 realim-d that shortly after that. We comnxissioned 11 the CH2M study, and we began to get very concerned, 12 and at that time, we started recommending or 13 discussing the need for a public road connection to 14 the east, and it isn't required for 15 St. Luke's traffic and the residential 16 subdivision. That would not have been required for 17 the subdivision's traffic. It would have been 18 required to facilitate transportation between two 19 neighborhoods or two developments. 20 The Bews application came along, and we 21 freaked out. When we looked at the numbers from 22 the property to the east and the impact on -- not 23 on Franklin Road. I mean, not on Franklin Road, 24 not on Eagle Road, not on St. Luke's, but on the 25 Franklin Road/Eacle Road intersection. That Nancy Schwartz Reporting (208) 345-2773 APR 04 100 11:56 3859599 PAGE.20 t 1 0 0 Meridian, Idaho CondcnscIt! "I Page 185 1 intersection just about ceases to function because 2 the traffic flow is from any point in that arra 3 back to the interstate, and the traffic from the 4 property east of St. Luke's will render the 5 Franklin Road/Eagle Road intersection a parking 6 lot. 7 The amount of traffic going west on 8 Franklin and then trying to turn south on Eagle 9 Road will triple or quadruple or quintuple what 10 there is there now. It will decrease the amount of 11 green time for the signal on Eagle Road so that it 12 will further complicate the stecldng problem that 13 we've heard about tonight backing up from the 14 intersection baric toward the interstate. We will 15 no doubt -- well, I'm digressing into the future 16 when we see the application for the property to the 17 east of St. Luke's. 18 We've reviewed the scope of the traffic 19 study with their traffic engineer, and we have 20 increased the scope of that study, and we'll pay 21 for an expansion of the study to Iook at the area 22 north of Franklin Road between Franklin and Pine 23 because we want to know what the ultimate build -out 24 effect -- what the ultimate build -out traffic will 25 be from that area and what its effect will be on Page 186 1 Franklin Road That's the time when we'll find out 2 our fatal our error was in not requiring or not 3 encouraging Luke's to provide a public richt of 4 way o Mur eastounce ry—m the initial 5 application. I think we all recognize that it's 6 nee . At s point, I have to er to 7 lawyers as to whether or not we can do it today. 8 1 would t. L s -- t. 9 Luke's has always been a good neighbor. I would 10 hope that St Luke's would continue that and w ild 1 l cooperate with the city and with the highway 12 district and make the right of way available. 1 13 don't think they should have to spend any money to 14 upgrade the road. I think that that's a cost that 15 can be borne by the other development m the area, 16 and I think the public can contribute to that cost 17 as well. Obviously, the development to the area 18 will pay a great deal in impact fees that can be 19 used for that purpose, but I am hopeful that we 20 will -- perhaps not this application, but perhaps 21 the next phase of St. Luke's, that we can convince 22 them that that would be a good idea, and they 23 should not proceed any furthca unless they do 24 dedicate a right of way. And I have no idea what 25 your question was that got me started on that. Nancy Schwartz Reporting (208) 345-2773 APR 04 '00 1157 Public. Page 187 1 COMMISSIONER BROWN: You've talked about 2 a collector, and it is not on any plan that shows a 3 collector. Is a collector right of way needed. If 4 it was just a public right of way, it would be 50 5 feet wide, and any future need for a collector then 6 the highway district pays for it. 7 Na. S, -,.LE: Mr. Chairman, Mr. Brown, 8 that's a fair point. Again, if we use the analogy 9 of a residential subdivision, we would have io required the developer to provide a 50 -foot right 11 of way and a 37 -foot street, and the highway 12 district would have purchased an additional 10 feet 13 of right of way and would have paid the developer 14 to widen that street to 47 feet - 15 THE CHAIELVAN: Not always. 16 MR SALE: Pardon me? 17 THE CHAT WAN: Not always. 18 MR SALE: So, Mr. Brown's point is that 19 perhaps there could be — I'm taking his point to 20 mean that perhaps there's a compromise there 21 betwwn a partial dedication by St. Luke's and a 22 partial acquisition by the highway district. The 23 street will carry volumes in excess of local street 24 capacity or local street thresholds and probably 25 should be a collector road. Page I88 1 THE CHAIRMAN: And wouldn't the type of 2 development be a factor there? 3 MR. SALE: Pardon me? 4 THE CHAIRMAN: The type of development 5 that we're talking can be a factor? I mean, 6 different type of developments are going to 7 generate more traffic than others. Is that taken 8 in consideration? 9 MR. SALE: Sure. Diffetnnt types of 10 development also have a different mix of traffic. 11 The area out of the industrial area that we were 12 discussing Tuesday, for example, has a higher mix 13 of truck traffic, and so the local street standard 14 in a commercial is wider than a local street 15 standard in a residential area so that it can 16 accommodate a higher mix of tracks. The base is 17 also thicker, and it's a beefed-up street. It 18 happens to be the street section as our collector 19 used to be. If the nature of this development is 20 nonresidential and we were starting over, we would 21 probably ask for a 41 -foot street in that location 22 instead of a 37. 23 COMMISSIONER BROWN: The light situation 24 on Franklin that was discussed by the St. Luke's 25 representative that there would only be three -- Page 185 - Page 188 3859599 PAGE.21 Certified Mailing Returns Project Nome ��a fir atL File No(s)1"Z I el-- O.P'/ Date of Hearing Name Address Reason for Return --CQ 1113-7&E, bra k ct'= CITY CLERK FILE CHECKLIST Project Name: �{,f f�� File Number: Planning and Zoning Level: Hearing date: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: / / and ❑ Certifieds to property owners: ❑ Planning and Zoning Commission Recommends: ❑ Approve ❑ Deny Notes: City Council Level: Hearing date:l.(- 'T 1a i `t, Z6,6 l.� s ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: �3 / / ® 0 and ❑ Certifieds to property owners: ,I / / U ❑ City Council Action: [J Approve ❑ Deny on: ❑ Findings / Conclusions / Order received from attorney on: ❑ Findings / Conclusions / Order: ❑ Approved by Council: ❑ Copies disbursed: ❑ Findings recorded (if appl.) ❑ Development Agreement: ❑ Sent for signatures: ❑ Signed by all parties: ❑ Approved by Council: ❑ Recorded: ❑ Copies disbursed: ❑ Ordinance No. and / or Resolution No. ❑ Approved by Council: ❑ Recorded: ❑ Published in newspaper: ❑ Copies disbursed: Notes: Resolutions: Original Res / Copy Cert: Minutebook Copy Res f Copy Cert: City Clerk City Engineer City Planner City Attorney Sterling Codifiers Project File Copy Res / Original Cert: Ada County (CPAs) Applicant (non -CPAs) Recorded Ordinances: Original: Minutebook Copies to: City Clerk State Tax Comm. Sterling Codifiers City Attorney City Engineer City Planner Project file Applicant (if appl.) Findings / Orders: Original: Minutebook Copies to: Applicant Project file City Engineer City Planner City Attorney Record Vacation Findings " Recorded Development Agreements: Original: Fireproof File Copies to: Applicant Project file City Engineer City Planner City Attorney . d o -- diad veAry e /Yu1 e e dea d 11nt.) 41 IV 74- 1-31 act AllItt - lJ� c�2c %l 0Af� Ay- Chi-�i �-1- . �al� lite fz' ,lac [(3/L 4-, �7eec -k 1-4,2L _AO -#,Z, e Ce_I_ �i=Y 7t/7 f�&d -6 l ex I lk.� lyo > ce r -;,u I- t ty I L -k, l-3ec i t- -- t Lei � 74- IW,,.. ��� Ada C0ttntv'J4iqktuaV 2Vitrict Judy Peavey -Derr, President 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us January 13, 2000 TO: Touchmark Living Centers, Inc. 2929 S. Waterford Drive Spokane, WA 99203 FROM: Steve Arnold, Principal Development Analyst Planning & Development SUBJECT: MCUP99-039 Touchmark Living Centers Franklin Road, '/<-mile e/o Eagle Road lei ! NG The Commissioners of the Ada County Highway District on January 5, 2000 acted on your application for the above referenced project. The attached staff report lists'conditions of approval and street improvements, which are required. If you have and questions, please feel free to contact me at (208) 387-6170. Cc: Planning & Development/chron/project file City of Meridian Construction Services — John Edney Drainage — Chuck Rinaldi Briggs Engineering ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report MCUP99-39 Franklin Road, 1/4 mile e/o Eagle Rd Conditional Use Permit The applicant is requesting conditional use approval for 300 -units of senior independent and assisted living, 450 -units of single family, duplex town homes, and multi -family, a medical office park, a retail and commercial center, and a community senior health and fitness center. The applicant is also requesting annexation and rezone approval from RT, C-2, and R-3 to L0. The 150 -acre site is located on the south side of Franklin Road, approximately 1/4 mile east of Eagle Road. This development is estimated to generate 9,024 additional vehicle trips per day based on the submitted traffic study. This site was the subject of a combined application for annexation, zoning and comprehensive plan amendment that was approved by the City of Meridian on November 3, 1999. The city has the annexation, conditional use, and rezone hearing on January 11, 2000. Roads impacted by this development: Franklin Road and Eagle Road 0 c� U O J ACHD Commission Date - January 5, 2000 - 7:00 p.m. Ll i --� a E ECU Iv w Zi SITE U K 900 0 �n0 1600 Feet T -E M4I �I I �1 1 I II RT RT li j li I I tl • I GO ' I I Rj I I I 11 li - f---------- lC r C-2 w ! I i RT------------- -- J \� r j ARML TESL. • i h, �-�� fls'T 44 1 I , ,��I -� C-0 W ST. LUKES f�'����� J I l L-0 R3 �. RT - - Rd �tt'� r-• ------ - -- � ' - -� - - - I it -�j�. 1 t 1-s4 1 1 1 I J 1 1 RT f 1 t Ir_Vtl 1 / I GG GGFlo I ff�� R!(J1V I 717, I /moi 1 1 )( 1 I I BRIGGS ENGINEERING, INC. WATERFORD DEVELOPMENT REVISION =BRIGGS PORTION OF THE NE 1/4 OF SECTION 16, T.3N., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO SHEET 1 OF 1 (2e) 3"9700 1800 W'OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG. NO. BOISE, IDAHO 63705 8K8 1'= 800 09/01/99 990810 \WATERFRD.APR IL I Facts and Findings: A. General Information Owner Applicant RT, C-2, R-3 RT 75 -acres R-3 72 -acres C-2 3 -acres LO 150 250 to 300 450 20.5 10.5 4 0 283 - Touchmark LivinL, Centers, Inc. - Same - Existing zoning - Requested zoning - Acres - Units of independent and assisted living - Units of single family, duplex, town homes, and multi -family - Acres of medical office park - Acres of medical retail office - Acres of commercial property - Total lineal feet of proposed public streets - Traffic Analysis Zone JAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Eagle Road Principal arterial Traffic count 43,437 on 8-25-99 F -Existing Level of Service F -Build -out Level of Service 0 -feet of frontage Eagle Road is improved with five traffic lanes with no curb, gutter, or sidewalk south of Franklin Road. The Eagle Corridor Study recommends that a grade separated urban interchange be constructed to replace the Franklin Road/Eagle Road intersection. The timing of the need for that construction is not clear, but is probably longer into the future than 20 -years. The segment of Eagle Road south of Franklin Road has been experiencing a 20% traffic growth during the past few years. The traffic growth has occurred both from land development and the major upgrading of the corridor from 2 to 5 -lanes from Fairview Avenue to State Highway 44, attracting trips from other congested routes. Franklin Road Principal arterial Traffic count 14,761 on 10-6-99 E -Existing Level of Service F- Existing plus build -out Level of Service (with the existing lane configuration) �`ICUP9939YRNI Pase 2 1 2,746 -feet of frontage 80 -feet existing right-of-way (40 -feet from centerline) 96 -feet required right-of-way (48 -feet from centerline) Franklin Road is anticipated to have over 40,000 ADT in the 2020 forecast. Franklin Road is improved with two traffic lanes with no curb, gutter or sidewalk abutting the site. The segment of Franklin Road between Eagle Road and Cloverdale Road is not currently listed for reconstruction in the current Five Year Work Provram. B. History of Recent Development Approvals in the Surrounding area: On April 10, 1996, the Commission approved Porkey Park Subdivision. a 19 -lot industrial/commercial subdivision on 64 -acres located at the northeast corner of Franklin Road and Eagle Road. That development was estimated to generate 8,000 additional vehicle trips per day. As a condition of approval the applicant was required to construct a public street approximately one-third of a mile east of Eagle Road as a condition of approval. The development has not been completed and this road is not %fet available for use. 2. On July 1, 1998, the Commission reviewed NISPR-10-98, a proposal to construct a 100,000 -square foot home fumishings showroom and a 50,000 -foot warehouse for furniture. The business has been completed on the northeast corner of Franklin Road and Eagle Road. That development was estimated to generate 1,700 additional vehicle trips per day. As a condition of approval the applicant was required to construct a north/south public street, Gaudians Avenue, on the north side of Franklin Road abutting their east property line. This is approximately 440 -feet from site's proposed roadway connection to Franklin Road. Gaudians Avenue connects with Lanark Street north of Franklin Road and forms a loop. 3. On September 23, 1998, the Commission reviewed MCU -17-98, a request for conditional use approval for an 848,000 -square foot retail shopping center. The 74.74 - acre site is located at the southeast corner of Eagle Road and Fairview Avenue in Meridian. That development was estimated to generate 26,950 -additional vehicle trips per day, and was required to make major modifications to three intersections (Eagle Road/Fairview Avenue, Eagle Road/Pine Avenue, Fairview Avenue/Records Drive). 4. On December 30, 1998, the Commission reviewed NICU-43-97/NIA-13-97, a request for conditional use approval to construct a 5,000 -square foot Idaho Power Credit Union with a drive-thru window, a 5,359 -square foot convenience store/kIcDonald's fast food restaurant with a drive-thru window, and an 854 -square foot carwash facility. The =4.13 - acre site is located on the northwest corner of Nlagic View Drive and Eagle Road approximately 720 -feet north of 1-84. This development is estimated to generate 7,500 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation mantual. As part of this action, the Commission determined that 'vICUP9939.FR.N1 Pace 3 The Eagle and Franklin Roads Corridor Study conducted by Six Mile En;ineering, PA for the District reached the following conclusions relevant to Eagle Road (S.H. 55). The westbound ramp free right -turn movement to northbound Eacyle Road is currently at or more than at the capacity of the facility. The traffic has been observed to back on I-84 due to the traffic congestions on Eagle Road. To increase capacity on this ramp, an additional lane on the ramp is needed as soon as possible to handle the volumes making this movement. ?• To maximize lane usage, the existing and additional northbound receiving lanes (from the westbound ramp) should be extended to the Franklin Road intersection. At the intersection, the additional lane would become a trap right -turn lane, and three lanes should be extended through the intersection northbound. The three lanes should be extended to at least the future Pine Street intersection (one -half -mile) to maximize lane usage. 3. When the volume on Eagle Road reaches 50,000 ADT, three northbound and southbound lanes are required on Eagle Road from I-84 to at least Pine Street. (The third lane is already in existence along the frontage of the Family Shopping Center). F. Eagle Road/Franklin Road Intersection The Eagle Road and Franklin Road Corridor Studv made the following comments and recommendations: 1 • The Eagle Road/Franklin Road intersection is currently over -capacity. Vehicle queues more than 1,000 -feet in length were observed on the four intersection approaches. Northbound Eagle Road queues were observed extending south on Eagle Road to the I-84 interchange, restricting traffic operations at the St. Luke's driveway and I-84 westbound ramps intersections. ?• Right -turn lanes on all four of the Eagle Road/Franklin Road intersection approaches should be constructed as soon as possible. This is an interim measure to provide additional capacity at the intersection until more comprehensive (and costly) improvements can be made. (Note: The District and ITD are currently completing design of afree-running -right-turn lane for the southwest corner of the intersection. This improvement can be made this coming constriction season. The District acquired sufficient right-of-way from the R C Willey store development at the northeast corner of the intersection to accommodate a similar right -turn lane, and adequate right-of-way exists on Franklin Road for the construction of a right -turn lane from Eagle Road to Franklin Road). NICUP9939.FRAI Paue 8 r. 101*� 3. When the volume on Eagle Road reaches 50,000 ADT, three northbound and southbound lanes are required on Eagle Road from I-84 to at least Pine Street. (The third lane is already in existence along the frontage of the Family Shopping Center). 4. If the volumes on Eagle Road increase significantly beyond 50,000 ADT, an urban interchange will be required at the Eagle Road and Franklin Road intersection. 5. The cost to upgrade the Franklin Road/Eagle Road intersection to its ultimate at -grade configuration was estimated at 52.8 million. G. Franklin Road 1. The Eaale and Franklin Roads Corridor Studv concluded that Franklin Road could accommodate up to 24,000 ADT in the current basic configuration, provided that the District minimizes new connections to the roadway and that turn bays be required for those new connections to the road that are absolutely necessary. At no later than the time that the volume exceeds 24,000 ADT, Franklin Road should be rebuilt to a five -lane street section. The District's current Five Year Work Program does not list this segment of Franklin Road for reconstruction. 2. The Ada County Roadway Capacity Guidelines for Planning Applications states that a two-lane arterial can accommodate 14,000 ADT at acceptable levels of service (LOS E). A three -lane arterial can accommodate 18,500 ADT. Franklin Road west of Cloverdale Road was counted at 14,761 ADT in 1999. That high volume may have been inflated due to construction on the I -84/I-184 WYE interchange. Normal volumes are probably slightly less, although a 1996 count showed 12,131 ADT on Franklin Road east of Eagle Road. Traffic will continue to increase in this area parallel with development and the District must eventually reconstruct the road to increase capacity and safety. Staff will address this need in this year's update of the Five Year Work Program. H. The Site Plan and Proiected Traffic Impacts• The site plan shows at least one private vehicular connection between the site and the St. Luke's Medical complex in a location that would provide the future occupants of this site good access to the traffic signal at St. Luke's driveway intersection with Eagle Road. Such a connection will greatly reduce the impact from this development on the Eagle Road/Franklin Road intersection. A public loop road connecting Franklin Road with Eagle Road through this site and St. Luke's campus would provide some relief for the Eagle Road/Franklin Road intersection. The findings of the Earle and Franklin Roads Corridor Studv indicate that the relief would be very short-lived and would defer needed improvements at the intersection by only a short while. If it resulted in a long-term beneficial solution for the public, staff would recommend that this site provide such a connection and its developer be reimbursed by the District for much of its cost. However, since the data indicate that the reconstruction of the Eagle Road/Franklin Road intersection 1NICUP9939YRAI Paee 9 would not be significantly deferred, this expense would duplicate needed expenditures on the Eagle Road/Franklin Road intersection. Staff recommends that a public loop road from Franklin Road to Ea -le Road not be required. The current site plan does not show a connection or access provision to the adjoining iMontvue Subdivision, a residential subdivision located at the southeast corner of the Eagle Road/Franklin Road intersection and abutting this property for about 1/4th mile. Nlontvue will no doubt redevelop for non-residential uses in the relatively near future and will need better access to Franklin Road. The current access is not convenient for the residential traffic, with frequent delays beim caused by traffic trying to enter Eagle Road. The planned urban interchange at the intersection will greatly restrict the ability to provide direct access to Franklin Road and Eagle Road. It would be greatly beneficial to the future development of the Montvue Subdivision and the safety for the traveling public on Franklin Road if access from the proposed street system of the subject site were provided. Staff is advised by the representative of this developer that such access is beim favorably considered by this developer. Staff has not seen any written indication of such a grant of access. Staff recommends that a public street connection be provided from the subject site to the east boundary of Montvue Subdivision, located a minimum of 400 -feet south of Franklin Road. As part of the previous review of Porkey Park Subdivision on the north side of Franklin Road, a traffic signal has been planned at the intersection of Franklin Road and Kentfield Way. Kentfield Way is an approved public street on the north side of Franklin Road that is approximately one-third of a mile east of Eagle Road. The roadway has not been built. The subject applicant is proposing to locate their western roadway in alignment with the approved roadway on the north side of Franklin Road, meeting District policy. The submitted traffic study states that due to the volume of traffic at this approach, a traffic signal should be constructed. If the roadway were public, the District will contribute one- half of the cost of the signal and supply the material. If the applicant's proposed. roadway is private, the developer is responsible for the entire cost and materials of constructing the traffic signal. 4. As part of the previous review of Porkey Park Subdivision on the north side of Franklin Road, a traffic signal has been planned at the intersection of Franklin Road at a public roadway two-thirds of a mile east of Eagle Road. The roadway has not been built. The subject applicant is proposing to locate their eastern roadway in alignment with that approved roadway, meeting District policy. The submitted traffic study states that a traffic signal should be constructed at this location in the later phases of development of this site. If the roadway is public, the District will contribute one-half of the cost of the signal and supply the material. If the proposed roadway is private, the developer is responsible for the entire cost and materials of constructing the traffic signal. MCUP9939.FRAI Pa,e 10 5. State Highway 55 and Interstate Highway I-84 are under the jurisdiction of Idaho Transportation Department (ITD). Application materials should be submitted to ITD for review and requirements of that Department and the applicant should submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. The applicant may contact District III Traffic Engineer Michael Garz at 334-8340. 6. District policy requires the applicant to construct a 5 -foot wide detached concrete sidewalk on Franklin Road abutting the parcel. The sidewalk should be located two feet within the new right-of-way of Franklin Road. Coordinate the location and elevation of the sidewalk with District staff. 7. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (THIO) that is formed with a boundary that includes this site or is adjacent to this development. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, carpools, bicycle and walking enhancements). An annual survey will be required of the TMA/TMO to monitor participation in alternative transportation programs and forwarded to the ACHD Commuteride Office. kf ~= 8. The applicant should be required to construct center turn lanes for the proposed street intersections on Franklin Road. The turn lane(s) should be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 9. Graveled roads abutting public streets create maintenance problems due to gravel being tracked onto the roadway. Unpaved public roads are not allowed by District policy. If the new roads are to be private, the applicant should be required to pave all intersecting roadways a minimum of 24 -feet in width and at least 30 -feet beyond the edge of pavement of Franklin Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. The applicant should provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40 -feet. 4 Street name and stop signs are required for private roads. The signs may be ordered through the District at the cost of 5115. Verification of the correct, approved name of the road is required. N[CUP9939SR.NI Paye l I 10. ACHD does not make any assurances that the private roads which may be a part of this application will be accepted as public roads if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. 11. The applicant should provide the District with a copy of a recorded access easement among the parcels for use of the private roads for access to the public street prior to final plat approval. I. Fiscal Implications for the District: District staff has reviewed the traffic impacts of this and other anticipated developments in the area of the Franklin Road/Eagle Road corridor study. The potential traffic from these developments is of such magnitude that ACHD cannot accommodate the traffic from all of these developments without major revisions to the Five Year Work Program to divert funding from other projects in Meridian to the Franklin Road Corridor. There is insufficient revenue available to the District to meet all of the needs in the Meridian area at this time. J. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be marginally adequate to accommodate the additional traffic generated by this proposed development. Staff anticipates that the impacts of the aggregate of the other developments that have been approved in this corridor, and those that are anticipated in the corridor will cause the District to accelerate the improvement of Franklin Road to five lanes between Eagle Road and Cloverdale. There are currently no projects in this corridor listed in the current Five Year Work Program for reconstruction. Staff will take the findings of this analysis :and those of the Eagle and Franklin Roads Corridor Studv into account when recommending the next update of the Five Year Work Program, to occur during the next few months. K. Salient Meeting Testimony 1. The applicant's representative (Becky Bowcutt) presented a drawing of the northwest portion of the site showing the location of a public street connection to the east boundary of Montvue Subdivision and testified that the applicant concurred with staff recommendations relative to the provision of this street. 2. Ms. Bowcutt also testified that the applicant accepted the responsibility to provide a full vehicular connection between the applicant's site and St. Luke's campus. 3. St. Luke's representative (Bill Bodner) testified that St. Luke's recognized the importance of a connection between St. Luke's and Touchmark and acknowledged that it would be convenient for St. Luke's customers and employees as well. NICUP9939SIZINI Page 12 j s " 4. John McCreedy, representing a majority of the landowners in ivtontvue Subdivision requested the Commission to require the dedication of St. Luke's driveway as a public street and a public connection between St. Luke's campus and Vlontvue Subdivision. 5. Staff stressed the importance of the vehicular connection between St. Luke's and Touchmark and the District's intention to place substantial requirements on the applicant for reconstruction of the Franklin Road/Eagle Road intersection if the vehicular connection to St. Luke's is not provided. It is not critical that the connection be a public road. Bernie Neil, representing the applicant, acknowledged the importance of the connection. 6. The Commission, staff, Montvue residents/Mr. McCreedy, and the applicant discussed the extent and configuration of public streets within the development. The Commission expressed the need to provide basic public availability to certain uses within the development, such as pharmacies, medical offices and other retail facilities that may be ' constructed in the development. The Commission expressed concern that the t ,t recommended conditions provided by staff were not specific enough to assure adequate public availability to these uses, nor assurance of adequate permanent connection between ` St. Luke's campus and Touchmark. 7. Staff recommended that Site Specific Requirement No. 4 be amended to add a sentence requiring staff and the developer to work together to identify which streets will serve the public and should be dedicated, and to bring that agreement back to the Commission for v ado .' 8. After more discussion of the need to identify certain streets within the development that r... would be open to the full use of the public, staff recommended that an additional Site �. Specific Requirement No. 10 be added that would read: "The developer is required to enter into a development with the District that will identify and specify the following: a. Which street will be dedicated public streets, b. The location and configuration of the public street to Montvue Subdivision, and :._° c. The location, configuration and permanence of the vehicular connection to St. ._ Luke's campus". e- :`The following requirements are provided as conditions of approval: Site Specific Requirements: _-Dedicate 60 -feet of right-of-way from the centerline of Franklin Road abutting the parcel by gspneans of recordation of a final subdivision plat or execution of a warranty deed prior to issuance -,.,of a building permit (or other required permits), whichever occurs first. Allow up to 30 business 54ays to process the right-of-way dedication after receipt of all requested material. The owner will NICD P9939 SRM F, Page 13 be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2. Construct, or provide financial surety for the construction of a five-foot concrete sidewalk along the frontage of the parcel abutting Franklin Road prior to the District's approval of a Final subdivision. Coordinate the design and location of the sidewalk with District staff. 3. Provide an adequate vehicular connection(s) between the subject site and the St. Luke's Medical a Complex. The connection does not have to be a public road. If such connection is not made, the traffic from this site will greatly impact the Eagle Road/Franklin Road intersection and the _ District will impose a proportionate share of the cost of that reconstruction on the developer of this site. 4. Construct the primary streets within the development as public streets and dedicate them to ACRD. _Coordinate the location and extent of the public streets with District staff. Provide a public street connection between this site and the east boundary of the I lontvue Subdivision. ' Construct the street to the District's standard street section for a Commercial/Commercial street y, (40 -feet curb -to -curb in a 58 -foot right-of-way). The street shall be located a minimum of 400- 41- " feet south of Franklin Road. 5. She two proposed site entrances on Franklin Road shall align with the two public street _intersections already approved on the north side of Franklin Road. Construct the two site i�t_ entrances with two outbound lanes and one inbound lane. Coordinate the driveway design with Jlp w:: _ istrict staff. P6. Construct traffic signals at the east and west site entrances on Franklin Road. The applicant will be responsible for the design and construction of the signals. Coordinate the traffic signal design with District staff. Each approach will be constructed including signalization, or financial surety will be provided for the construction, prior to the District approval of the phase that takes access to that approach. Construct a center turn lane in Franklin Road at both intersections. Coordinate the roadway improvement design with District staff. (See Fact and Finding "H" numbers 3 and 4 for cost sharing) '77. Any internal site driveways on the two site entrances shall be offset a minimum of 175 -feet from &:..-;_:Franklin Road. A. Comply with requirements of ITD. Submit to the District a letter from ITD regarding said �Yrequirements prior to District approval of the final plat or issuance of a building permit (or other _required permits), whichever occurs first. Contact District III Traffic Engineer Nlichael Garz at 334-8340. N[CUP9939YRM Paque 14 9. Other than the access points specifically approved with this application, direct lot or parcel access to Franklin Road is prohibited. 10. Enter into a development agreement with the District that specifies the following: a. The location, configuration and extent of public streets within the development. Public streets will be provided that will serve, as a minimum, those uses considered by the District to be destinations for the public from outside the development. Those uses shall include any retail or office use that will receive business from the public at large. b. The specific location and configuration of a public street connection to Montvue Subdivision, and C. The specific location, configuration and terms of a vehicular connection between this site and St. Luke's campus. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be - submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next . -- available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report - to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. _ 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the r Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. I Payment of applicable road impact fees are required prior to building constriction in accordance y`. with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Constriction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. iNICUP9939.FRINI Page 15 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLNE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or • other regulatory and legal restrictions in force at the time the applicant or its successors in interest 3 t ,advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an --undue burden on the existing vehicular and pedestrian transportation system within the vicinity -impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development -.'Division at 387-6170. Submitted by: Date of Commission Action: Steve Arnold January 5, 2000 MCUP9939YR;NI Page 16 NOTICE OF HEARING 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 March 21, 2000, for the purpose of reviewing and considering the application of Touchmark Living Centers, Joseph A. Billig, for annexation and zoning of 157.876 acres from R-3 to L -O generally located east of St. Luke's between Franklin Road and Interstate 84. 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 2nd day of March, 2000 PUBLISH March 10th and 17th, 2000. ILLIAM G. BERG, JR. WY CLERK O 'oaq SEAL WATERFORD - MERIDIAN 300' ADJACENT . .4ERSHIP LISTING 980601\WAT-300.XLS PARCEL OWNER OWNADDI OWNADD3 3084 LANARK ST OWNLAST MERIDIAN ID 83642-5918 1 S1109346751 VAN AUKER RONALD W 4010 E FRANKLIN RD MERIDIAN ID 83642-6004 Z S1109438585 NATIONS PATRICIA A SCHARF KATIE 1906 N MAPLE GROVE RD BOISE ID 8 S1109438780 REED MARGARET AND 3 3084 E LANARK MERIDIAN IDD 836430 83642 ,4 S1109438830 VAN AUKER RONALD W 4701 HILLCREST VIEW DR BOISE ID 83705-3650 S 51109438870 FISHER PROPERTIES L P TRS K C & T L TRUSTEES 4260E FRANKLIN RD MERIDIAN ID 83642-6004 V S1109438905 ELLIS KENNY & THERESA FMLY MARY ELIZABETH TRUSTEES MAR 618 RED WING WALNUT CREEK 94595-4048 7 S1109438930 SEMRAU BURNELL K & IN 4390 E FRANKLIN RD MERIDIAN ID 42 6004 S1109438960 KREGER AARON W & JANICE E 8 2301 S 300 WEST TY UT 8411 SALT LAKE CITY UT 84115 .� S1109336340 CHILD WILLIAM H 3084 LANARK ST MERIDIAN ID 83642-5918 Lo S1109449021 VAN AUKER RONALD W 3084 LANARK MERIDIAN ID 83642-5918 $1 S1109347000 VANAUKER RONALD W 4010 E FRANKLIN RD MERIDIAN ID 83642-6004 kZ S1109438450 NATIONS PATRICIAA HOFFBAUER MARY H 3435 E FRANKLIN RD MERIDIAN ID 83642-6003 15 R579150DO10 HOFFBAUER ARLES F & R5791500006 BARTSCHI R P & L J TRUST BARTSCHI R P & L J LIFE ESTATE 719E MARTINIQUE RD MERIDIAN ID 83642 MERIDIAN ID 83642-6005 ,q (S S1116212500 BAIR LYLE E & LESLIE H 3975 E FRANKLIN 680 S CLEARWATER SUITE #101 BOISE ID 83712 y S1116111005 WILD SHAMROCK LLP ROBINETTE STUART W 3410 N MONTVUE DR MERIDIAN ID 83642-6316 t-7R5791500095ROBINETTE JACKIE L & ROHR SALLIE A 3460 N MONTVUE DR MERIDIAN ID 83642-6316 1: R5791500105 ROHR ERIC P & ADDY STEPHANIE 3405 N MONTVUE DR MERIDIAN ID 83642-6316 1 R5791500130 ADDY JEFFREY T & CRUISE SANDRA E 210 S WINTHROP PL MERIDIAN ID 83642-6335 ZD R2107150240 CRUISE JOHN A& L! R2107160230 STEPHENSON RONALD D AND SCHENK BARBARA L 234 S WINTHROP PL MERIDIAN ID 83642 MERIDIAN ID 83642-6326 ZX R2107150150 PRICE H ROBERT & PRICE BONNIE R 4322 E VIEW RIDGE DR 2042 E SUMMERIDGE DR MERIDIAN ID 83642 ZS 82107150250 ELDREDGE CHARLES J & ELDREDGE SHEL A 4917 N PAPAGO PL BOISE ID 83713 L-1 R2107150140 EDGEVIEW ASSOCIATES ELSTON SUSAN NORLAND 4378 E VIEW RIDGE DR MERIDIAN ID 83642 ZS' R2107150130 ELSTON MILO O & CHEVREUX JOSETTE 4406 E VIEW RIDGE MERIDIAN ID 83642 GV R2107150120 CHEVREUX JEAN C & LUONG- ANN NICOLE 4430 E VIEW RIDGE DRIVE MERIDIAN ID 83642 Z!7 R2107160210 ZEIK MICHAEL THOMAS & MUSTAFA CHRISTOPHER T 210 E MONTVUE DR MERIDIAN ID 83642-6318 Lh R5791500110 MUSTAFA MARY LYNN & WINSKY JANICE 4454 E VIEW RIDGE DR MERIDIAN ID 83642 L1 R2107160200 WINSKY AUGUST & jp R2107150770 EDGEVIEW ESTATES HOMEOWNERS' ASSOCIATION INC 4545 E BRADDOCK DR MERIDIAN ID 83642-6326 MERIDIAN ID 83642-6316 31 R5791500151 OWNBEY JAMES L & OWNBEY VALERIE A 3405 N MONTVUE DR 258 S WINTHROP PL MERIDIAN ID 83642 32, R2107150220 RATTO LOUIS & RATTO S GERALDINE LOVELL BRENDA S 249 S WINTHROP PL MERIDIAN ID 83642 g3 82107150260 LOVELL THOMAS J 8 EDGEVIEW ESTATES HOMEOWNERS' ASSOCIATION INC 4545 E DR MERIDIAN ID 83642-6326 3,f R2107150790 gs R5791500180 FUSS JEFFREY N & FUSS NATALIE A 324 E MONTVUE DDR 4353 E VIEW RIDGE DR MERIDIAN ID 83642 MERIDIAN ID 83642 3, R2107150160 HAGGERTY MARK J & HAGGERTY SHELLEY E 282 S WINTHROP PL MERIDIAN ID 83642-6335 S7 R2107150210 MUIR SCOTT B & MUIR JILL F BILLS CARRIE J 273 S WINTHROP PL MERIDIAN ID 83642 S6 R2107150270 BILLS DAVID A& OWSLEY CHARLOTTE N 4383 E VIEW RIDGE DR MERIDIAN ID 83642-6332 3i R2107150170 OWSLEY STEVEN A & MATSUZAWA DEBORAH 4407 E VIEW RIDGE DR MERIDIAN ID 83642 yo 82107150110 MATSUZAWA SHIGEKI 8 PETERSON TERESE L 4431 E VIEW RIDGE DR MERIDIAN ID 83642-6333 c� J R2107160220 PETERSON MICHAEL SCOTT & CLARK JANET B 215 E MONTVUE DR MERIDIAN ID 83642-6319 �Z 85791500153 CLARK LORAN J 8 GIBSON BECKY 306 S WINTHROP PL MERIDIAN ID 83642-6335 y 3 R2107150200 GIBSON SCOTT & VAN PATTEN SUSAN J 297 S WINTHROP PL MERIDIAN ID 83642-6335 ./y R2107150280 VAN PATTEN H DUANE & MARIMAN CHRISTINE O L 4372 E BRADDOCK DR MERIDIAN ID 83642-6324 yid- R2107150180 MARIMAN JAMES M & JEPPSON STARLAA 330 S WINTHROP PL MERIDIAN ID 83642-6335 Or R2107150190 JEPPSON JOHN D & RANEY SUZAN K 321 S WINTHROP PL MERIDIAN ID 83642-6335 'Ii R2107150290 RANEY GARY L & Lj* R5791500155 RUDDER SCOTT W & RUDDER MADONNA L 325 E MONTVUE DR MERIDIAN ID 83642-6340 MERIDIAN ID 83642-6335 10 R210715000 COLLAER PHILLIP J & COLLAER DEBBIE 345 S WINTHROP PL 4377 E BRADDOCK DR MERIDIAN ID 83642-6324 56 R2107150460 CLARK DANIEL J JR & CLARK REBECCA J NELSON DALEEN ANN 378 S WINTHROP WAY MERIDIAN ID 83642-6338 St R2107150470 NELSON DAVID W & S -Z R2107150310 TIKKER ROBERT D & TIKKER MARTHA R 369 S WINTHROP MERIDIAN ID 83642-6318 J R5791500191 RUYF PATRICIA WILLIS THORA M 360 E NTV E DR 3555 S MONTVUE DR BOISE ID 83642 R5791500201 WILLIS RICHARD M & S R2107150480 MOLYNEUX SEAN KARL & MOLYNEUX KIMBERLEY SUE 402 S WINTHROP WAY MERIDIAN ID 83642-6338 y R2107150320 HEALY JEREMIAH J & HEALY MARGO E 393 S WINTHROP WAY 4426 E TRAFALGER CT MERIDIAN ID 83642-6338 MERIDIAN ID 83642-6301 7 R2107150500 JOHNSON JAMES N & JOHNSON LORI L BUZZINI SHANNAN L 4402 E TRAFALGER CT MERIDIAN ID 83642-6301 a R2107150490 BUZZINI ROBERT J & 1 R2107150330 BARBEE DON J & BARBEE LARRAINE S 417 S WINTHROP WAY MERIDIAN ID 83642-6338 (r0 S1116233802 ST LUKES REGIONAL MEDICAL CENTER LTD 190 E BANNOCK ST 441 S WINTHROP WAY BOISE ID 83712-6241 MERIDIAN ID 83642-6338 1 R2107150340 ROBBS STEVEN E & ROBBS CATHERINE L JAMESON SUSAN A 4447 E TRAFALGER CT MERIDIAN ID 83642-6301 L R2107150560 JAMESON JAMES L & SHIH CHING 4423 E TRAFALGER CT MERIDIAN ID 83642-6301 3 R2107150570 SHIH BOHR-WINN & 50 WHEELER KENNETH J & 821071503 LER KE WHEELER TAMMY N 465 S WINTHROP WAY MERIDIAN ID 83642-6338 y S R2107150350 YAKA CLINTON M & YAKA TUESDAY A 489 S WINTHROP WAY 498 S WINTHROP WAY MERIDIAN ID 83642-6338 MERIDIAN ID 83642-6338 y R2107150580 MARTIN JAMES L & MARTIN MARY B 4476 E MERIDIAN 6329 7 R2107150600 TROYER NICHOLAS M & TRINA L BERGUM SHERYL A COLEMAN AVEST 2494 COLEMAN AV AUGUSTA G 30906-2506 g R2107150590 BERGUM DAVID G & 5 R2107150370 REITCHECK MICHAEL J & REITCHECK MICHELLE 513 S WINTHROP WAY ID 3642- 339 MERIDIAN ID 83642-6339 70 R2107150380 DELLGARD MIKE & DELLGARD ANDREA 537 S WINTHROP WAY MERIDIAN ID 83642-6339 MERIDIAN ID 83642-2241 1 R2107160510 JOINT SCHOOL DISTRICT NO 2 911 N MERIDIAN RD 561 S WINTHROP WAY MERIDIAN ID 83642-6339 2 R2107150390 RENINGER CHRISTINE W 3 R2107150680 HUNT DEXTER WAND HANKS JO ANN K 594 S WINTHROP WAY MERIDIAN ID 83642-6339 y R2107150400 ROWLEY RUSSELL J & ROWLEY TAMARA JO 585 S WINTHROP WAY MERIDIAN ID 83642-6339 MERIDIAN ID 83642-6345 S R2107160620 PRITIKEN CHRIS J & PRITIKEN LISA ZABEL SHIRLEY D 608 S WINTHROP WAY 615 S WINTHROP WAY MERIDIAN ID 83642-6345 V R2107160300 ZABEL ROGER L & '] R2107160610 ROWE PHILIPS & ROWE MARILYN D 622 S WINTHROP WAY MERIDIAN ID 83642-6345 S R2107160310 EDGEVIEW ESTATES HOMEOWNERS' ASSOCIATION INC 4545 E BRADDOCK DR MERIDIAN ID 83642-6326 MERIDIAN ID 83642-6326 1 R2107160600 FORTIN MARK G & 80 R2107160590 WIENCLAW DAVID EDWARD & FORTIN CHERYL L WIENCLAW JENIFER GARN 636 S WINTHROP WAY 650 S WINTHROP WAY MERIDIAN ID 83642 R2107160320 CULLEY JERRY W & CULLEY KAREN 671 S WINTHROP WAY MERIDIAN ID 83642-6326 Z, R2107160580 ALVILLAR PATRICIA P & ALVILLAR MARTIN C 664 S WINTHROP WAY 685 S WINTHROP WAY MERIDIAN ID 83642 MERIDIAN ID 83642-6345 s R2107160330 CHRISTENSON THOMAS M & CHRISTENSON KELLY M 678 S WINTHROP WAY MERIDIAN ID 83642 +� R2107160570 CROWLEY MICHAEL T S" R2107160560 LUKASIK DONALD J & LUKASIK BEVERLY K 692 S WINTHROP WAY MERIDIAN ID 83642-6345 {� R2107160340 JURS KEVIN MICHAEL & JURS MELISSA 699 W WINTHROP WAY 4484 W RUTHERFORD CT MERIDIAN ID 83642 MERIDIAN ID 83642-6346 7 R2107160540 CARPENTER DOUGLAS B R2107160550 PLOWMAN TY A & CUDDY -PLOWMAN KELLY K 4462W RUTHERFORD CT MERIDIAN ID 83642-6346 q R2107160350 SINNER SCOTT A& SINNER MARY A 713 S WINTHROP WAY MERIDIAN ID 83642-6345 MERIDIAN ID 83642-6326 9p R2107160360 SCROGGIE DANIEL E & LUCY L AND SCROGGIE ANDREA M 727 S WINTHROP WAY 4451 W RUTHERFORD CT MERIDIAN ID 83642-6346 J R2107160380 MCCLINTICK ZELMA M Z R2107160370 AMBROZ RICHARD D & AMBROZ SHELLEY K 4429 W RUTHERFORD CT MERIDIAN ID 83642-6346 9 51116325510 IDAHO ELKS REHABILITATION INC 204 FORT PL 11216 W EDGEHILL DR BOISE ID 83702 BOISE ID 83709-7707 y S1116427920 PETERSON ALAN $ S1116427890 CLARK DAN L & COLLEEN M 11202 W EDGEHILL OR BOISE ID 83709-7707 M R4313610290 IRONWOOD SUB HOMEOWNERS ASSOC 5460 N EAGLE RD MERIDIAN ID 83642 MERIDIAN ID 83642-6721 7 R7555000280 DANSEREAU LEON W & DANSEREAU FLORENCE M 925 S ROLLING HILLS DR S R4313610250 BILMAR INC 5460 N EAGLE RD MERIDIAN ID 83642 9 7 R7555000160 JAMISON JOHN E & THERESE J 950 ROLLING HILLS DR MERIDIAN ID 83642-6720 NOTICE OF HEARING 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 April 4, 2000, for the purpose of reviewing and considering the application of Touchmark Living Centers, Joseph A. Billig, for annexation and zoning of 157.876 acres from R-3 to L -O generally located east of St. Luke's between Franklin Road and Interstate 84. 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 March, 2000 WILLIAM G. BE G, JR., C Y CLERK R, PUBLISH March 17th and 31St. aU Fo -Fi '�� Misr fG t ,, 0 0 rr z Y z Q LL February 18, 2000 MERIDIAN PLANNING & ZONING MEETING: February 22 2000 ITEM NUMBER: 3 APPLICANT: TOUCHMARK LIVING CENTERS/JOSEPH A-BILLIG REQUEST: ANNEXATION AND ZONING OF 157.876 ACRES FRP R-3 TO LO AGENCY COMMENTS -- CITY CLERK: SEE PREVIOUS PACKET OF FEBRUARY 11 CITY ENGINEER: CITY PLANNING & ZONING DEPT. CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTEWATER DEPT: CITY WATER DEPT: r) v MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: - ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: G CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: 6A v v 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. January 4, 2000 _ RECEIVED E E g 17 2900 CITY OF MTEBIDIAN 8twZ14&aa % 21av;e't 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Will Berg, City Clerk Meridian Planning & Zoning Commission 33 East Idaho Meridian, ID 83642 Re: CUP -99-039 / AZ -99-021 Touchmark of the Treasure Valley Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Dear Commissioners: The Nampa &Meridian irrigation ntionDt's Barker ed proposed tprojectnyAllrstorm drainage must Lateral and Snyder Drain course through the above be retained on site. The District has no comment on the annexation and zoning portion of the project. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: din Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 CENTRAL CEI,4 (RAL DISTRICT HEALTHSIDEPAKi MENT Return to: 00 DISTRICT Environmental Health Division 'HEALTH FJIGErvED ❑E Eagle DEPARTMENT Garden City Rezone # — l — o 2 Meridian d CITY OF NE Kuna Conditional Use # C-�-� — [] ACZ Preliminary / Final / Short Plat us:.,2r�-2v s� �6 71. We have No Objections to this Proposal. 2, We recommend Denial of this Proposal. se must be provided before we can comment on this Proposal. 3, Specific knowledge as to the exact type of u 4. Wq e will require more data concerning soil conditions on this Proposal before we can comment. 5. Before we can comment concerning individual sewage aste flow he will characteristics more data concerning the depth of: 0 ❑ high seasonal ground water ❑ ❑ 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. E] 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. g. Aftexrw-lr .ten approval from appropriate entities are submitted, we can approve this pr well for: entral sewage ❑ community sewage system ❑ y nterimsewage central water ❑ individual sewage ] individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Divisi f Environmental Quality: community central sewage ❑ community sewage system ❑ cY water sewage dry lines lqlcentral 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. 13. We will require plans be submitted for a plan review for any: ❑child care center F1 food establishment ❑ swimming pools or spas ❑ beverage establishment ❑ grocery store Date: 14. Z / / q �s3�✓.4(�b�-,�>vi /�,o��..-���w ole- /b . u1 Reviewed By: Review Sheet OR 10191 rcb, rev. 1/91 Sent By: JIM JONES; Jim Jones Boise: (208) 385-9200 3859599; Feb -22-00 3:43PM; JIM JONES & ASSOCIATES Attorneys at Law 1275 Shoreline Lane Boise, ID 83702 Fax Transmittal Cover TO: CITY OF MERIDIAN PLANNING AND ZONING COMMISSION COMMENT: Total Number of Pages (Including This Page): 12 Date: Febmary 22, 2000 Original Document: X Page 1 REcE'vED FEB 2 2 2000 City of Meridian. City Clerk Office John McCreedy Fax: (208) 385-9599 FROM: JOHN MCCREEDY 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 privilege, confidential, and exempt from disclosure under applicable law. If the reader of this notice is not the addressee of the employee or agent responsible for delivering the message to the addressee, you are hereby notified 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 first class mail. FEB 22 '00 15:45 3959599 PAGE.01 Sent By: JIM JONES; 3659599; Feb -22-00 3:43PM; Page 2 JIM JONES & ASSOCIATES Attorneys at Law 1275 Shoreline Lane Boise, Idaho 83702-6870 Jim Jones Boise: (208) 385-9200 February 22, 2000 Via Fax To: 888-4218 John McCreedy Fax: (208) 385-9599 REcI c- IvED FEB 2 2 2000 City of Meridian City of Meridian Planning and Zoning Commission City Clerk Office City Hall 33 East Idaho Meridian, ID 33642 Re: Request for Annexation, Zoning and Conditional Use Permit by Touchmark Living Centers/CUP 99-39 Dear Members of the Planning and Zoning Commission: I am writing on behalf of most (but not all) of the Montvue Subdivision Residents (Residents). Please include these comments in the official record for the annexation, zoning and conditional use permit application submitted by Touchmark Living Centers (Touchmark). To avoid the submission of voluminous documents, the Residents also request that the Planning and Zoning Commission (Commission) include in the record for the Touchmark application the agency record developed In the Matter of the Applicalion of S1. Luke's Regional Medical Center for a Conditional Use Permit for Phase 3 of St. Luke's Regional Medical Center, Case No. CUP -99-023. For the following reasons, the Residents request that the Touchmark application be deferred or denied. ACRD Has Not Taken Final Action on the Touchmark Application On January 5, 2000, the ACRD Commission voted to approve the Touchmark application, subject to the requirement that Touchmark enter into a development agreement with ACHD that (a) specifies the primary streets within the proposed development that will be dedicated as public streets; (b) identifies the location and configuration of the public street connection between the development and the eastern boundary of the Montvue Subdivision; and (c) identifies the location, configuration and permanence of the vehicular connection between the development and the St. Luke's Campus. The ACRD Commission determined FEB 22 '00 15:45 3859599 PAGE.02 Sent By: J1M JONES; 3859599; Feb -22-00 3:43PM; Page 3 Page - 2 that the Applicant was required to bring the development agreement back to the ACHD Commission for review and approval. Attached to this letter as Exhibits A, B and C are letters the undersigned has sent to ACHD requesting that the Residents be provided with a copy of the draft development agreement, and with notice and a meaningful opportunity to submit comments to the ACHD Commission regarding the terms of the development agreement. Since January 5, 2000, the Residents understand that Touchmark has developed and submitted a new site plan, including proposals regarding the public and private streets within the development, and the street connections to the Montvue Subdivision and the St. Luke's Campus. However, as of February 18, 2000, ACHD has not issued a proposed development agreement, and the ACHD Commission has not taken final action regarding the Touchmark application. This matter should be deferred until ACHD takes final action on the Applicant's proposal for public and private streets. The Application Does Not Comply with the Meridian Comprehensive Plan or Zoning and Development Ordinance As this Commission may recall from the St. Luke's Phase 3 application, the Montvue Drive intersection with Eagle Road operates at Level of Service "F" conditions during peak hour periods. See, Dobie Engineering Memorandum dated August 10, 1999, attached as Exhibit 11 to the Testimony of John McCreedy submitted on behalf of the Montvue Subdivision Residents on August 31, 1999. After studying the record in the St. Luke's Phase 3 matter, the Meridian Planning and Zoning Department recommended that a public road be dedicated along St. Luke's northern property boundary. Mr. Siddoway stated as follows: 1. The current Meridian Comprehensive Plan designates the Montview Subdivision as Mixed/Planned Use Development. This designation allows for commercial and office uses. As such, the land needs adequate public access to handle future development of this property as planned for in our Comprehensive Plan. Recommendation St. Luke's should be required to dedicate right-of-way for a future public road along the north property line, to include stub street access to the property line. No public road improvements should be required at this time at St. Luke's expense. The drive should be required to be upgraded to public road standards when the property to the east is developed, at developer's expense. The Montview residents are encouraged to accept St. Luke's offer for private residential access to their subdivision in the meantime, if the offer is still available. FEB 22 '00 15:45 3859599 PAGE.03 Sent By: JIM JONES; 3859599; Feb -22-00 3:44PM; Page 4 Page - 3 September 16, 1999 Memorandum from Steve Siddoway to Meridian Planning and Zoning Commission. On or about October 13, 1999, this Commission issued a written recommendation to the City Council that St. Luke's application be approved subject to conditions, including the following requirement: 1.21 Applicant shall dedicate 200 ft. of its existing driveway with signalized intersection eastward from Eagle Road as a public right-of-way. The dedication is to include the area from the north property line south to a point one foot (1 ft.) beyond the southern curb. No improvements will be necessary prior to dedication. Unfortunately, the City Council rejected this Commission's recommendation. The Residents have appealed the City Council's decision to District Court. ACHD's Findings and Conclusions on the Touchmark application actually support the need for a public street connection along St. Luke's northern property boundary. The ACRD Commission concluded that a vehicular connection between the Touchmark property and St. Luke's signalized intersection on Eagle Road will greatly reduce the impact from the Touchmark development on the Eagle Road/Franklin Road intersection, an intersection that is already over capacity. The ACHD Commission made it a condition of approval that Touchmark provide an adequate vehicular connection between the Touchmark and St. Luke's properties. ACHD's Findings, p. 14. Similarly, the Meridian Zoning and Development Ordinance requires the Touchmark development to be adequately served by essential public facilities, including streets. MCC §2-418C. ACHD concluded that the Touchmark development will generate 9,024 additional vehicle trips per day. The Traffic Impact Study prepared for Touchmark by Six Mile Engineering concluded that 40% of the Touchmark traffic would use the overburdened Eagle Road/Franklin Road intersection. ACHD's condition that a vehicular connection be made between the Touchmark and St. Luke's properties was intended to allow traffic generated by the Touchmark development to avoid the Franklin Road/Eagle Road intersection, and instead use the St. Luke's signalized intersection at Eagle Road. It follows that approximately 3,600 additional vehicle trips per day from the Touchmark development will use the St. Luke's signalized intersection (40% of 9,024). To accommodate these 3,600 vehicles per day, Touchmark and St. Luke's have proposed a card gate access and private driveways that access St. Luke's parking lot, a plan which makes no sense in light of ACHD's conclusion that an adequate vehicular connection is necessary in order to serve the Touchmark development. Moreover, while ACHD has concluded that it is necessary to provide the traffic generated by the Touchmark development with an alternate route to avoid the Franklin Road/Eagle Road intersection, ACHD has apparently concluded that Ada County's existing residents (i.e. the Montvue Residents) are not entitled to the same consideration. FEB 22 '00 15:46 3859599 PAGE.04 Sent By: JIM JONES; 3859599; Feb -22-00 3:44PM; Page 5 .-e Page - 4 The Residents respectfully request that this Commission not treat them in such a discriminatory fashion. The bottom line is that nothing has changed since September of last year. The Meridian Comprehensive Plan designates the Montvue Subdivision as mixed planned use development. The Montvue Subdivision needs adequate pqbliq access to handle current residential and future uses. Touchmark's plan should be rejected, and this Commission should again recommend that a future public road be dedicated along St. Luke's northern property line so that all property owners in the vicinity of the Touchmark development are provided with adequate, safe access to signalized intersections on both Eagle Road and Franklin Road. Thank you for your consideration. cerely / 1 lK J McCreedy JCM/tg cc Clients FEB 22 '00 15:46 3e59599 PAGE.05 Sent By: JIM JONES; 3859599; Feb -22-00 3:44PM; Page 6 Jim Jones Boise: (208) 385-9200 Via Fax To: 387-6393 JIM JONES & ASSOCIATES Attorneys at Law 1275 Shoreline Lane Boise, ID 83702 January 19, 2000 Larry Sale Supervisor of Planning and Development Ada County Highway District 318 East 370' Street Boise, ID 83714-6499 Re: MCUP 99-39 — Touchmark Living Ccnters, Inc. Dear Larry: John McCreedy Fax: (208) 385-9599 I am writing on behalf of most (but not all) of the Montvue Subdivision Residents (Residents). As we understand the decision made by the ACHD Commission on January 5, 2000, Touchmark Living Centers is required to enter into a development agreement with ACRD that (a) specifies the primary roads within the proposed development that are public roads; (b) identifies the public street connection between the development and the eastern boundary of the Montvue Subdivision; and (c) identifies the vehicular connections between the proposed development and the St. Luke's complex. We further understand that the proposed development agreement is to be brought back before the ACRD Commission for review. The purpose of this letter is to request that the ACHD provide this office with a copy of the draft development agreement being negotiated between ACRD staff and Touchmark Living Centers, Inc. The Residents further request that they be provided with notice of the date the ACHD Commission intends to consider the development agreement. Thank you. _--Sincerely, G� J McCreedy cc Steve Bradbury, Via Fax Clients FEB 22 '00 15:46 3859599 PAGE.06 Sent By: JIM JONES; 3859599; Feb -22-00 3:45PM; Page 7/12 HP LaserJet 3100 AO HOC BROADCAST REPORT for Printer/Fax/Copier/Scanner JIM JONES 3859599 Jan -19-00 2:26PM Job Phone Number Start Time Pages Mode Status 188 188 3876393 .......... ............ 3311529 ........................ 1/19 2:24PM...... 1/19 2:25PM ..,:, 2/ 2 2/ 2 SC ....... 8C ........ Completed.................................... Completed........................................ JIM JONES & ASSOCIATES Attorneys at Law 1275 Shoreline Lane Boise. ID 83702 Jim Jones John McCreedy so" (201) $042" Pat. (IM 395 4M Pox Tranen itmi Cower TO L.ARRY&ALe SiEIB BRADBURY —)) L• L 529 COMMHNT; Tavel l4amber of Pagca (Wcinding This PW): 2 Onto: Jamuly 19.2000 Original Dm m t FROM. JOHIdMCCRuoy Will Do scot by tint-dsee mall X will not 1e sent pmwAdNac ofAw Dos.-cy In AU Transsatvbn NOTIM 2hLP nasrarta is leleedad MuJo for the 11ea Of *ff odAr a and mrly MOM bdasea-tiaa dw i- p t-Uj.L 04114aadal. 4ad mmnpl JYem &Gefaeaae reader appifaabb lar. (%No rasdar of this m-dce it ao1 Ao alma of da arlep/oyar err 4VW rapoer" fir "Uwr0tg rhe dare a the address% yor aro hereby -4W ural mry dk+naaa-don, dbWDurfart or crorpJ�eg q/th& ea.uer�kauoe Lr urtelify pehlfdled I% parr r.cilad /Atr comm nim6aa k erav, plow nates w L weadlaaly by oaLephaw sad reeves tame pq— ro w at he addnw r4o-rl above We fintdpat jai& FEB 22 '00 15:46 3959599 POrF P7 Sent 8y: JIM JONES; a Jim Jones Boise: (208) 385-9200 3859599; Feb -22-00 3:45PM; Page 8/12 JIM JONES & ASSOCIATES Attorneys at Law 1275 Shoreline Lane Boise, ID 83702 February 17, 2000 Via Fax To: 387-6391 or 345-7650 Neal Newhouse Ada County Highway District 318 East 37'' Street Boise, ID 83714-6499 Via Fax To: 387-6393 Larry Sale Supervisor of Planning and Development Ada County Highway District 318 East 37 h Street Boise, ID 83714-6499 Re: MCUP 99-39 — Touchmark Living Centers, Inc. Dear Mr. Newhouse and Mr. Sale: John McCreedy Fax: (208) 385-9599 On January 19, 2000, I sent a letter to Mr. Sale requesting that ACRD provide this office with a copy of the draft Development Agreement being negotiated between ACHD Staff and Touchmark Living Centers, Inc. I also requested that ACRD notify this office of the date the ACRD Commission intends to consider the Development Agreement. To date, I have received no response from ACHD. Pursuant to Title 9, Chapter 3, Idaho Code, please consider this letter a formal request to examine and copy any documents in the possession of ACHD that relate to the Development Agreement, including drafts of the Development Agreement and correspondence. Idaho Code § 9-339(1) requires ACHD to either grant or deny this request within three (3) working days. FEB 22 '00 15.47 3859599 ParF_cA Sent By: JIM JONES; 3859599; Feb -22-00 3:45PM; Page 9/12 Page 2 In addition, I would appreciate you notifying me in writing regarding (1) whether ACHD Staff intends to submii the proposed Development Agreement to the ACRD Commission for review and approval, and (2) whether or not the Montvue Subdivision Residents will be provided with notice and a meaningful opportunity to comment to the Commission on the Development Agreement before it is signed. Thank you. Sincerely, JAA ohn McCreedy JCWtg FEB 22 '00 15:47 3859599 PAGE.09 Sent By: JIM JONES; 3859599; Feb -22-00 3:45PM; Page 10/12 IP LaserJet 3100 AD HOC BROADCAST REPORT for lrintor/Fax/Copier/Scanner JIM JONES 3859599 Feb -17-00 12:24PM Job Phone Number Start Time Pages Mode Status 581 581 3876391 .......................... 3876393 .......................... 2/17 12:22PM...... 2/17 12:23PM . 3/ 3 3/ 3 BC .......... 80 ....... Completed....................................... Completed........................................ JIM JONES & ASSOCIATES Attorneys at Law 1276 Shoreline Lane Bolsa, ID 83702 Jim Jones John McCready Moen @off 305 nco Po.i RM 315-M9 Psu Thwt hi l Comic T0: NEALNEWHOLU LARRY LeE COR4NPNT Toth Number of Pages (1 -ch iog Thi. Pngt:): 3 Dots Fobivay 17.2000 onood Documaoc PROM: /OHN M CRM)Y wW bt =a by nrscck w n dl X %Q not be mm pla r Advua of Ary Dgdaq" in A& 3Ym.rwinta>t NOrIC ., rW momp a eatmrded only or Ne um of Aa aadnawa mrduq eonmin kibr norf.tt Am it pvmlveK tout' e4t&L and a oVi f on disckrve order gopfiwble Lew. y tha wader of this saiki 4 ror she addrmeoe of the employes or agar( rapom1ble for deltwsrntg bW ma mp to rhe 4dmmuw, you are hmeay eotilied thm mo' dtesme"W", dletrihatlow or r»pyJjWof dte conmtwiiwam 4 A*0yprv"Oed, Y)iou haw ow -, red Jity roM.e d=doM 10 arror. plcwre Wqq w /feta W9dy by telr7PWM4 o>,d rattmt /7rvs papor7 to er at he dA&M Mow" avow vta /p91 Nair W FEB 22 '00 15:47 3859599 PAGE.10 MEMORANDUM: To: Planning & Zoning Commission/Mayor & Cit C From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, Planning & Zoning Director Steve Siddoway, Assistant Planner 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 November 4, 1999 � ECE�D NOV 0 4 1999 City of Meridian Uity Clerk Office Re: Request for Annexation and Zoning of a 157.876 acres to L -O with a Conditional Use Permit for a Mixed Use Retirement Community by Touchmark Living Centers 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: APPLICATIONS SUMMARY PROPOSAL The proposed use would be for a continuing care retirement community comprised of 250-300 units (the site plan shows 300-350 units) of independent and assisted living and 450 +/- units of residential (the site plan shows 466-632 units) including single-family, duplexes, multi -family, and townhomes. In addition, the community would have a medical office park, commercial and retail businesses, and a community senior health and fitness center. The site plan also includes 5 parks and a 5 -hole pitch and putt golf course. LOCATION The property is generally located along the south side of Franklin Rd. between Eagle Road and Cloverdale Road. The proposal is for property extending to the eastern boundary line of Meridian's Area of Impact. CURRENT OWNERSHIP The land proposed as part of the Touchmark development includes 12 separate parcels under four different owners. All owners have submitted consent to be a part of this application. SURROUNDING PROPERTIES St. Luke's Meridian Medical Center and Montvue Subdivision border this property to the west. Edgeview Estates Subdivision (in Boise City) borders the property to the east. The parcels to the Touchmm4:. AZ CUP AZ -99-0120 and CUP -Qq -037 .�, r HUB OF TREASURE VALLEY Mayor A Good Place to Live ROBERT D. CORRIE CITY OF MERIDIAN City Council Members CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 RON ANDERSON City Clerk Fax (208) 888-4218 KEITH BIRD MEMORANDUM: To: Planning & Zoning Commission/Mayor & Cit C From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, Planning & Zoning Director Steve Siddoway, Assistant Planner 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 November 4, 1999 � ECE�D NOV 0 4 1999 City of Meridian Uity Clerk Office Re: Request for Annexation and Zoning of a 157.876 acres to L -O with a Conditional Use Permit for a Mixed Use Retirement Community by Touchmark Living Centers 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: APPLICATIONS SUMMARY PROPOSAL The proposed use would be for a continuing care retirement community comprised of 250-300 units (the site plan shows 300-350 units) of independent and assisted living and 450 +/- units of residential (the site plan shows 466-632 units) including single-family, duplexes, multi -family, and townhomes. In addition, the community would have a medical office park, commercial and retail businesses, and a community senior health and fitness center. The site plan also includes 5 parks and a 5 -hole pitch and putt golf course. LOCATION The property is generally located along the south side of Franklin Rd. between Eagle Road and Cloverdale Road. The proposal is for property extending to the eastern boundary line of Meridian's Area of Impact. CURRENT OWNERSHIP The land proposed as part of the Touchmark development includes 12 separate parcels under four different owners. All owners have submitted consent to be a part of this application. SURROUNDING PROPERTIES St. Luke's Meridian Medical Center and Montvue Subdivision border this property to the west. Edgeview Estates Subdivision (in Boise City) borders the property to the east. The parcels to the Touchmm4:. AZ CUP AZ -99-0120 and CUP -Qq -037 Mayor, Council and P&Z November 4, 1999 Page 2 north include some scattered residential homes and undeveloped pasture north of Franklin. 1-84 borders the property on the south. GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. ANNEXATION AND ZONING COMMENTS 1. The legal description submitted for the property is correct and places the parcels contiguous to existing city limits at St. Luke's Meridian Medical Center, I-84, and a portion of Franklin Rd. TOuch=rk.AZ.CUP AZ -99-020 and CUP -N9 037 U-19 Mayor, Council and P&Z November 4, 1999 Page 3 2. Staff agrees with the proposed L -O zone for the project. Planned Unit Development - General, General Planned Residential uses, and Planned Commercial Development are all conditional uses in the L -O zone. 3. Staff has done an initial review of these parcels in regard to the current Comprehensive Plan Update process. City Council ordered Findings of Fact and Conclusions of Law with a favorable recommendation for the applicant's Comprehensive Plan Amendment request to change the land use designation to Mixed/Planned Use Development at their meeting of 11/3/99. The requested L -O zone would be compatible with this land use designation. 4. As required in the Comprehensive Plan for Mixed/Planned Use Development areas, any future development on this parcel will be required to follow the Conditional Use process. 5. The following landscape buffers should be required: • 50 feet minimum along I-84 (will allow an 8' berm at 3:1 slope) • 35 feet minimum along Franklin Road beyond required right-of-way • 20 feet minimum adjacent to the Montvue Subdivision • 10 feet minimum adjacent to Edgeview Estates Subdivision (beyond canal easement). 6. A Development Agreement is required as a condition of annexation. CONDITIONAL USE COMMENTS 1. As part of a conditional use permit, the City of Meridian may impose restrictions and conditions in addition to current City Ordinances. 2. Conceptually (based upon the submitted Master Concept Plan), Staff believes the project is in accord with the purpose of Planned Developments as outlined in Ordinance 11-9- 607A. . 3. Design Standards: As a mixed/planned use development, the Touchmark development must comply with the following sections of the subdivision ordinance: 9-607D Procedures for Planned . Developments, 9-607F General Regulations for Planned Development, and 9-607G General Standards for Planned Developments. In addition, residential areas must comply with 9-607H Design Standards for Planned Development - Residential. All commercial and office uses must comply with 9-607I Design Standards for Planned Development -Commercial. 4. Colored Rendering: The colored rendering submitted of a typical development falls short of the requirement in 9-607D for a colored rendering of the project that includes at least the following—architectural style, building materials, landscaping, screening, garbage areas, parking, and open space—specific to this project. Applicant should Toochmark. AZ.CUP AZ -99-020 and CUP -99-037 Mayor, Council and P&Z November 4, 1999 Page 4 submit a colored rendering of a site plan or perspective that meets this requirement prior to action of the Commission. 5. Design Standards: Both the Comprehensive Plan (Housing chapter, pg. 68, para. 1.18) and the Subdivision Ordinance (11-9-607.F.7) require that variations pertaining to PD's shall not exceed 25% of the existing requirements. The applicant shall provide a matrix detailing specific areas where deviation from ordinance requirements is planned. This matrix shall include, but not be limited to, minimum lot area, front yard setback, Rear yard setback, interior side yard setback, street side setback, maximum building height, minimum street frontage, maximum block length, and maximum cul-de-sac length—prior to taking any action on the application. 6. Homeowner's Association Covenants: The owners association bylaws and other similar deed restrictions which provide for the control and maintenance of all common areas, recreation facilities or open space, must be approved by Council as part of this application as per 9-607.F.3. A Certificate of Zoning Compliance and building permits can only be issued after the covenants have been approved by Council as per 9-607.F.4. 7. Open Space: All Planned Developments (PD) are required to have at least 10% of the gross land area of the PD as common open space as per 9-607.G.5.d. This requirement appears to be well exceeded. However, the actual acreage/percentage should be submitted by the applicant to make it part of the record for the Conditional Use Permit. All open space delineated as common open space must meet all standards of 9-607.G.5. 8. Streets and Circulation: The Concept Plan is based on a network of private streets. ACHD has not yet held a hearing on the project. The applicant for Touchmark will be required to complete all street improvements to ACHD standards. If ACHD requires a public street connection, it could dramatically affect the design of the project. Therefore, the Planning & Zoning Commission should not make a recommendation on the project until ACHD has taken their final action. 9. Landscape Setbacks: Franklin Road and I-84 are both designated in the Meridian Comprehensive Plan as entryway corridors. Landscape setbacks are encouraged for all entryway corridors. The concept plan shows a 35 -foot landscape setback along Franklin Road. The 35 -foot setback beyond required right-of-way shall be a condition of the CUP. Along Interstate 84, the concept plan shows only 40 feet from the interstate right-of-way to the homes along 1-84 with scant landscaping (which would make for very unpleasant and noisy living conditions). A minimum 50 -foot landscape setback along I-84 should be required as a common lot with an 8' high minimum berm at 3:1 slope. The berm may exceed the 3:1 slope (up to 2:1) to achieve maximum height if no grass is planted on the berm that would require mowing. The homes along I-84 should also be required to have a 15 -foot minimum rear setback beyond the landscape common lot to give the houses a rear yard. Touchmark.AZ.CUP AZ -920 and CUP -99-037 Mayor, Council and P&Z November 4, 1999 Page 5 10. The Concept Plan shows no buffer between Edgeview Estates and the higher density lots along the Ridenbaugh Canal. Therefore, Staff recommends more comparable transitional densities adjacent to Edgview or that a 20 -foot minimum buffer planted with trees adjacent to the Ridenbaugh Canal easement. 11. The Concept Plan shows a 10 -foot buffer between the parking lot for the medical office complex and Montview Subdivision. This buffer should be increased to a 20 -foot minimum landscape buffer. Section 9-607.G.6 requires sreening of all parking, loading, and waste storage areas. 9-607.I.1 states that no planned commercial use area may be nearer than 20 feet to a residential use. 12. Access: Consideration should be given to the potential need for public access by the Montvue Subdivision residents to Franklin Road through the Touchmark development. Access also needs to be provided to the parcel that is surrounded by this development. 13. Signage: No signage details were submitted (design or location). Staff recommends that all signage details for the proposed Touchmark development as a whole be submitted and approved as part of this application. Signage plans for the individual office and commercial tenants will be subject to design review and separate permits when they are built. Specific restrictions on signage need to be included as part of this application. 14. Storage Areas: Storage areas shall be provided for the anticipated needs of boats, campers, motorhomes, and trailers at the rate of 1 space per 2 dwelling units as per Section 9-607.H.1. The applicant may petition for a reduction in this requirement if they can show that the needs of the development are less. 15. Maintenance Building: A maintenance building or approved area shall be provided that is suitable for the services required for the repair and maintenance of all common areas as per Section 9-607.H.3. This maintenance facility is not currently designated on the Concept Plan. 16. Irrigation: Underground pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the landscape area required, primary water supply connection to the City's mains will not be allowed. Developer shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 17. Fences: No fencing details were submitted for the boundaries of the project. While this item can be addressed during the Preliminary Plat application process, Staff requests the Applicant address intentions for fencing during the CUP hearing. Fencing should be designed considering public safety and aesthetics that match the high quality of the development. Touchniark AZ.CUP A7-94-020 and CUP -99-037 r -r Mayor, Council and P&Z November 4, 1999 Page 6 18. Walls & Gates: The colored perspective of the project shows a walled and gated community, yet no description or details of these structures have been provided. Applicant should clarify this issue and submit details as necessary. Staff does not support gated entrances to the development. 19. Tree -lined Streets: Staff supports the Concept Plan's depiction of tree -lined streets. This should be translated into a requirement for one 2" caliper (min.) tree per 35 lineal feet of frontage along all Collectors and Residential Collectors shown on the Concept Plan. 20. Cross Access Agreement: A cross -access agreement will be required to access the development via St. Luke's private road network. 21. Parking Lot Islands: All parking areas within the development should be required to provide landscape islands within the parking lot, with no more than 12 parking spaces in a row without an island. Islands serving a single row of parking shall have one tree. Islands serving a double row of parking shall have two trees. 22. phasing: If the project is to be phased in over time, a phasing plan should be submitted and approved as part of this application. 23. Private Roads: The private road system must be approved by City Council. No details of the roads have been submitted. Typical cross sections of each road type must be submitted with this application for review and approval. 24. Sidewalks: As a senior community that has low traffic volumes and heavy pedestrian use, the development will require significant pedestrian amenities. No sidewalks, crosswalks, or other details for pedestrian amenities are shown on the Concept Plan. Pedestrian connection details should be submitted and approved as part of this application. 25. Staff supports the proposed Planned Development design elements of detached garages, shallower setbacks, and parkways along the road system. 26. The 12 existing lots that currently make up the land in this application should be combined into one lot with Ada County prior to annexation of the property into the City of Meridian. The City of Meridian does not currently have a process that allows combination of lots. 27. The City of Meridian was negotiating with the former owner of the property, Ed Bews, to acquire the existing well located near the northwest collector road. This will needs to be shown on the site plan along with all other existing and proposed utilities. The City is still in need of additional water supply in this area and is interested in working with the applicant to utilize this well to supplement the City's domestic system and to serve this project. Tou6muk AZ CUP .AZ -94020 and CUP -99-037 Mayor, Council and P&Z November 4, 1999 Page 7 28. Sanitary sewer service to this site will be via extensions from existing mains installed in adjacent streets or developments. Applicant will be responsible to construct the sewer mains to and through this proposed development. Project designer to coordinate sizing and routing with the Public Works Department. 29. Water service to this site will be via extensions of existing mains installed in adjacent streets or developments. Applicant will be responsible to construct the water mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 30. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 31. Ordinance 11-9-607.G.4. requires that all PD's provide underground utilities throughout the entire project site. Please revise the site plan to show all existing and proposed utilities. 32. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 33. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments, and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 34. Applicant shall coordinate locations and construction requirements of the required trash enclosures with Meridian Sanitary Service, Inc., and provide a letter of approval from their office prior to applying for building permits. 35. All conditions placed on this application shall run with the land and shall not lapse or be waived as the result of any change in tenancy or ownership of any or all of the lands governed by this CUP application. All such conditions shall be deemed the requirements for the issuance of a Certificate of Occupancy for any use or structure as per section 9- 6071.5. RECOMMENDATION Staff recognizes and supports the innovative design features of this development, including the mix of uses, parks and open space, alley -loaded lots, and tree -lined streets. Our primary concern with the conceptual plan remains the lack of specific detail in the Concept Plan. An option for Touchmai:.AZ.CUP AZ -99-020 and CUP -99-037 Mayor, Council and P&Z November 4, 1999 Page 8 the Commission to consider is to continue the public hearings until the requested changes are made to the site plan, additional details are submitted, and ACHD completes their traffic study. Section 2-418C of the Zoning and Development Ordinance lists 9 findings that the Commission and Council must make before recommending approval of any Conditional Use Permit. Staff cannot recommend the project based on these criteria without the additional information and changes requested. 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 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. l 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. Touchmadc.AZ.CUP AZ -99-020 and CUP -99-037 Mayor, Council and P&Z November 4, 1999 Page 9 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. 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. Offen 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. 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 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. T ..hmadk. AZCUP AZ -99-020 and CUP -99-037 Mayor, Council and P&Z November 4, 1999 Page 10 6.11U Promote well-planned neighborhoods. AZ -99-020 and CUP -99-037 and well -designated affordable housing in all Meridian Touehmxk.AZCUP MERIDIAN PLANNING AND ZONING COMMISSION MEETING — January 12, 2000 The regular scheduled meeting of the Meridian Planning and Zoning Commission was called to order at 7:00 p.m. by Chairman Keith Borup. MEMBERS PRESENT: Keith Borup, Thomas Barbeiro, Kent Brown ABSENT: Richard Hatcher OTHERS PRESENT: Steve Siddoway, Bruce Freckleton, David Swartley, Will Berg Borup: I'd like to convene the Planning and Zoning Commission this evening. This was a rescheduled meeting from yesterday, which we needed to reschedule for lack of a quorum. First Item on the agenda is minutes from our previous meeting. Commissioner's, any comments or questions. Barbeiro: Mr. Chairman, I move that we approve the minutes from our December 14th meeting as submitted. Brown: I Second. Borup: We have a motion and second, all in favor? MOTION CARRIED: ALL AYES 1. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 157.876 ACRES FROM R3 TO LO BY TOUCHMARK LIVING CENTERS/JOSEPH A. BILLIG: 2. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT INCLUDING CONTINUING CARE RETIREMENT COMMUNITY, SINGLE AND MULTI -FAMILY RESIDENTIAL AND OFFICE AND RETAIL USE BY TOUCHMARK LIVING CENTERS/JOSEPH A. BILLIG: Borup: We do have a letter from the applicant requesting that this item be continued to the February 8th meeting. It was continued previously, waiting for the ACHD report. ACHD did meet on that but apparently they had some details and a development agreement worked out with ACHD, so that is the reason for that request. That would include both items 1 and 2. We do need a motion. Barbeiro: Mr. Chairman, I move that we continue Item number 1 and 2 for Touchmark Living to our February 8th meeting. Borup: I second that motion. Mr. Brown is abstaining. All in favor? MERIDIAN PLANNING AND ZONING COMMISSION MEETING — December 14, 1999 The regular scheduled meeting of the Meridian Planning and Zoning Commission was called to order at 7:00 p.m. by Chairman Keith Borup. MEMBERS PRESENT: Keith Borup, Tammy deWeerd, Thomas Barbeiro, Kent Brown, Richard Hatcher. OTHERS PRESENT: Brad Hawkins -Clark, Bruce Freckleton, Eric Rossman, Will Berg. Borup: Good evening ladies and gentlemen. This is the December 14th meeting of the Planning and Zoning Commission. I'd like to call the meeting to order. First Item on the Agenda is Item A under Consent Agenda which consists of meetings from our November 9th meeting. Commissioner's, any questions or comments on the minutes. De Weerd: I have none. I was not there. Borup: If not we are open for a motion. Barbeiro: Mr. Chairman, I move that we approved of the minutes for the Tuesday, November 9th meeting. Hatcher: I second it. Borup: All in favor: MOTION CARRIED: ALL AYES 1. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 157.876 ACRES FROM R-3 TO LO BY TOUCHMARK LIVING CENTERS, JOSEPH A. BILLIG: 2. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT INCLUDING CONTINUING CARE RETIREMENT COMMUNITY, SINGLE AND MULTI -FAMILY RESIDENTIAL AND OFFICE AND RETAIL USE BY TOUCHMARK LIVING CENTERS, JOSEPH A. BILLIG: Borup: We do have a letter in our packets from the applicant requesting a deferral. I think they were probably anticipating what the Commission may be saying because we have not received the report from the Ada County Highway District. Their Commission has not acted on this yet. They are requesting a deferral on both Items 1 and 2 and I will open Item 1 a continued public hearing. I'd be open for a motion. Barbeiro: Mr. Chairman, I move that we continue the public hearing on Item 1 to our next regular scheduled meeting of January 11, 2000. Meridian Planning an �_oning Commission Meeting December 14, 1999 2 De Weerd: Second. Borup: All in favor? MOTION CARRIED: 3 AYES, 1 ABSTAIN Borup: Item 2, continued public hearing for the same project for the conditional use permit. De Weerd: Mr. Chairman, I would like to move that we continue the public hearing for Touchmark Living Centers until January 11, 2000. Hatcher: I second it. Borup: All in favor MOTION CARRIED: 3 AYES, 1 ABSTAIN 3. CONTINUED PUBLIC HEARING: ANNEXATION AND ZONING OF 4.34 ACRES FROM C-2 AND R-8 TO C -G (WALGREEN'S) BY HAWKINS SMITH MANAGEMENT, INC.—NW CORNER OF FAIRVIEW AND LOCUST GROVE: Borup: I noticed that staff does have a revised staff report. Would you like to summarize this application. Hawkins: I can do that. Up on the screen is the general vicinity and since it is continued, I won't go into the details of the surrounding areas. I think most people are familiar. We've got 4 lots that are currently in the county. That is the annexation request. Item 4 is the conditional use permit. The staff memo dated 12/13/99 does address I believe, most of the major issues since the last hearing. The key changes from the previous hearing to the site plan and this is their old site plan in your packet. You should have a revised site plan. I'll just put this up there simply for the benefit of the audience to point out that there are a couple of main changes to this. The access now is on the north that they are proposing. Carol Street having a direct access about 50 feet to the west of Locust Grove. The second key change from you last hearing is that they have removed the third building which is the existing chiropractor building just to the southwest of the main store. The third main change, they've added some rows of parking north of the multi tenant building and that should be shown on your revised— They have expanded the landscape strip on the west side of the Fairview Drive access. That was brought up at the last meeting. I guess the main items that I point out for P&Z discussion tonight that after meeting with the applicant, we feel probably should be addressed. On page one of the revised 12/13 memo, there is ACHD final decision was to recommend that access be taken on the north and they are mainly looking at—so they have a direct connection now into Fred Meyer. There is now a right turn lane with MERIDIAN PLANNING & ZONING MEETING: Janua 12 2000 APPLICANT: TOUCHMARK LIVING CENTERS ITEM NUMBER: 182 REQUEST: ANNEXATION AND ZONING AND CONDITIONAL USE AGENCY COMMENTS CITY CLERK: SEE DEFERRAL REQUEST CITY ENGINEER: CITY PLANNING & ZONING DEPT. CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTE WATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: i y ADA COUNTY HIGHWAY DISTRICT: f�✓ ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: v 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. Mayor ROBERT D. CORRIE City Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD MEMORANDUM: To: From: Re: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Fax (208) 888-4218 Planning & Zoning Commission/Mayor & City Council S'dd Assistant Planner 4�-A 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 January 3, 2000 PcE\7ED JAN 0 6 20PP Steve 1 oway, City of Meridian Request for Annexation and Zoning of a 157.876 acres to L -O with'atbaditf"ffice Use Permit for a Mixed Use Retirement Community by Touchmark Living Centers Note: Since staff comments were issued on November 4, 1999, we have not received any updated site plans, colored renderings, design standards matrix, homeowners covenants, open space calculations, street/gating information, signage, maintenance building/storage areas, fencing/wall details, parking lot design, sidewalks, phasing, or utilities information. This information is needed prior to preparing detailed site specific comments. T0uchmark2.AZ.CUP.doc AZ -99-02o and CUP -99-037 JAN -06-2000 12:32 BRIGGS ENGINEERING, INC. 12083452950 P.02 BRIGGS ENy/NEER/NG. /rte 1800 West Overland Road pal( INEM / PLANNERS /SURVEYORS Boise, Idaho 83705 — 3142 Voice (208) 344-9700 Fax (208) 345-2950 E-mail BEI-Idaho@msn.com January 6, 2000 ,,E cB vED JAN 0 6 2000 City of Meridian Will Berg & Shari Stiles City Clerk Offiee City of Meridian 200 E. Carlton Meridian, Idaho 83462 Re: Touchmark of the Treasure Valley (Annexation/Rezone and :Planned Unit Development Applications) Dear Will & Shari: The above mentioned application is scheduled for a public hearing on January 11, 2000, before the Meridian Planning and "Zoning Commission. The applicant is requesting a deferral of this application to February 8, 2000. Ada County Highway District Commissioners reviewed and approved the project on January 5, 2000. However. a Development Agreement was required by the Commission. The applicant and ACHD staff need time to work out the details of the Agreement. Please transmit this request to the Planning and Zoning Commission. Sincerely, BRIGGS ENGINEERING, Inc. Becky L. Bow Land Use Planner BLB:fc 980601 \Meridian.ltr2 TOTAL P.02 JAN 06 '00 12:38 12083452950 PAGE.02 JRN-06-2000 12:31 BRIGGS ENGINEERING, INC. 12083452950 P.01 NGI ERING BRIGGS ENGINEERS PLANNERS SURVEYORS FACSIMILE TRANSMITTAL TO �/ /10 /f-- FROM ?et�'y COMPANY �7"K6�` A/f4/L/" - BRIGGS ENGINEERING, INC. FAX NO. eFf- DATE NO. OF PAGES SENT (Including Tronsmittol) REFERENCE REMARKS REPLY REQUESTED COPY 1800 W. OVERLAND ROAD BOISE, IDAHO 83705 FAX (208) 345-2950 * TEL (208) 344-9700 (BEI) PROJECT NO. 1800 W. OVERLAND ROAD * BOISE, IDAHO 83705 * (208)344-9700 FAX (208)345-2950 .TAN ni; 'An 1 P: 7R 1 �LIRZd��cISGi POf P Ia1 HP LaserJet 3100 SEND CONFIRMATION REPORT for Printer/Fax/Copier/Scanner City of Meridian 2088886854 Jan -5-00 4:34PM Job Start Time Usage Phone Number or ID Type Pages Mode Status 120 1/ 5 4:34PM 0'35" 12083452950 Send .............. 2/ 2 EC 96 Completed........................................ Total 0135" Pages Sent: 2 Pages Printed: 0 200 E. C.A n. St.. 201 Mr1Sat, N 80812 Rvic ee1-� Fmc 88> -tom] Fax Ta BtrKu BOWC.u" Ran ShW Stile fay 3is,-112950 D t. 1-5-99 Pro— 2 Ondwino m eh R. TouchmaxK 60.fwedlj cc: ❑ Umwd VV- R.A— ❑ P%— Carutn.M ❑ Pj—Reply 0 PW— Rayeb -hr _1 l�o� _bs pPh 3% ii, 9 a cel y RIDIAN PLANNING AND ZONING COMMISSION MEETING — December 14. 1 The regular scheduled meeting of the Meridian Planning and Zoning Commission was called to order at 7:00 p.m. by Chairman Keith Borup. MEMBERS PRESENT: Keith Borup, Tammy deWeerd, Thomas Barbeiro, Kent Brown, Richard Hatcher, OTHERS PRESENT: Brad Hawkins -Clark, Bruce Freckleton, Eric Rossman, Will Berg. Borup: Good evening ladies and gentlemen. This is the December 14th meeting of the Planning and Zoning Commission. I'd like to call the meeting to order. First Item on the Agenda is Item A under Consent Agenda which consists of meetings from our November 9th meeting. Commissioner's, any questions or comments on the minutes. De Weerd: I have none. I was not there. Borup: If not we are open for a motion. Barbeiro: Mr. Chairman, I move that we approved of the minutes for the Tuesday, November 9th meeting. Hatcher: I second it. Borup: All in favor: MOTION CARRIED: ALL AYES 1. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 157.876 ACRES FROM R-3 TO LO BY TOUCHMARK LIVING CENTERS, JOSEPH A. BILLIG: 2. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT INCLUDING CONTINUING CARE RETIREMENT COMMUNITY, SINGLE AND MULTI -FAMILY RESIDENTIAL AND OFFICE AND RETAIL USE BY TOUCHMARK LIVING CENTERS, JOSEPH A. BILLIG: Borup: We do have a letter in our packets from the applicant requesting a deferral. I think they were probably anticipating what the Commission may be saying because we have not received the report from the Ada County Highway District. Their Commission has not acted on this yet. They are requesting a deferral on both Items 1 and 2 and I will open Item 1 a continued public hearing. I'd be open for a motion. Barbeiro: Mr. Chairman, I move that we continue the public hearing on Item 1 to our next regular scheduled meeting of January 11, 2000. Meridian Planning anc,r -)ning Commission Meeting December 14, 1999 2 De Weerd: Second. Borup: All in favor? MOTION CARRIED: 3 AYES, 1 ABSTAIN Borup: Item 2, continued public hearing for the same project for the conditional use permit. De Weerd: Mir. Chairman, I would like to move that we continue the public hearing for Touchmark Living Centers until January 11, 2000. Hatcher: I second it. Borup: All in favor MOTION CARRIED: 3 AYES, 1 ABSTAIN 3. CONTINUED PUBLIC HEARING: ANNEXATION AND ZONING OF 4.34 ACRES FROM C-2 AND R-8 TO C -G (WALGREEN'S) BY HAWKINS SMITH MANAGEMENT, INC.—NW CORNER OF FAIRVIEW AND LOCUST GROVE: Borup: I noticed that staff does have a revised staff report. Would you like to summarize this application. Hawkins: I can do that. Up on the screen is the general vicinity and since it is continued, I won't go into the details of the surrounding areas. I think most people are familiar. We've got 4 lots that are currently in the county. That is the annexation request. Item 4 is the conditional use permit. The staff memo dated 12/13/99 does address I believe, most of the major issues since the last hearing. ' The key changes from the previous hearing to the site plan and this is their old site plan in your packet. You should have a revised site plan. I'll just put this up there simply for the benefit of the audience to point out that there are a couple of main changes to this. The access now is on the north that they are proposing. Carol Street having a direct access about 50 feet to the west of Locust Grove. The second key change from you last hearing is that they have removed the third building which is the existing chiropractor building just to the southwest of the main store. The third main change, they've added some rows of parking north of the multi tenant building and that should be shown on your revised— They have expanded the landscape strip on the west side of the Fairview Drive access. That was brought up at the last meeting. I guess the main items that I point out for P&Z discussion tonight that after meeting with the applicant, we feel probably should be addressed. On page one of the revised 12/13 memo, there is ACHD final decision was to recommend that access be taken on the north and they are mainly looking at—so they have a direct connection now into Fred Meyer. There is now a right turn lane with November 5, 1999 MERIDIAN PLANNING & ZONING MEETING: NOVEMBER 9. 1999 APPLICANT: TOUCHMARK LIVING CENTERS/JOSEPH A. BILLIG ITEM NUMBER: 11 REQUEST: ANNEXATION AND ZONING OF 157.876 ACRES FROM R3 TO LO AGENCY COMMENTS CITY CLERK: SEE STAFF COMMENTS 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 OMMITTEE: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. MEMORANDUM: To: Planning & Zoning Commission/Mayor & Cit c' From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, Planning & Zoning Director ��Cls- Steve Siddoway, Assistant Planner 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 November 4, 1999 REcE'�D NOV 0 4 1999 City of Meridian City Clerk Office Re: Request for Annexation and Zoning of a 157.876 acres to L -O with a Conditional Use Permit for a Mixed Use Retirement Community by Touchmark Living Centers 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: APPLICATIONS SUMMARY PROPOSAL The proposed use would be for a continuing care retirement community comprised of 250-300 units (the site plan shows 300-350 units) of independent and assisted living and 450 +/- units of residential (the site plan shows 466-632 units) including single-family, duplexes, multi -family, and townhomes. In addition, the community would have a medical office park, commercial and retail businesses, and a community senior health and fitness center. The site plan also includes 5 parks and a 5 -hole pitch and putt golf course. LOCATION The property is generally located along the south side of Franklin Rd. between Eagle Road and Cloverdale Road. The proposal is for property extending to the eastern boundary line of Meridian's Area of Impact. CURRENT OWNERSHIP The land proposed as part of the Touchmark development includes 12 separate parcels under four different owners. All owners have submitted consent to be a part of this application. SURROUNDING PROPERTIES St. Luke's Meridian Medical Center and Montvue Subdivision border this property to the west. Edgeview Estates Subdivision (in Boise City) borders the property to the east. The parcels to the TouchmarkAZ.CUP AZ -99-020 and CUP -99-037 0 -ft" HUB OF TREASURE VALLEY Mayor A Good Place to Live ROBERT D. CORRIE CITY OF MERIDIAN City Council Members CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 City Clerk Fax (208) 888-4218 KEITH BIRD MEMORANDUM: To: Planning & Zoning Commission/Mayor & Cit c' From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, Planning & Zoning Director ��Cls- Steve Siddoway, Assistant Planner 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 November 4, 1999 REcE'�D NOV 0 4 1999 City of Meridian City Clerk Office Re: Request for Annexation and Zoning of a 157.876 acres to L -O with a Conditional Use Permit for a Mixed Use Retirement Community by Touchmark Living Centers 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: APPLICATIONS SUMMARY PROPOSAL The proposed use would be for a continuing care retirement community comprised of 250-300 units (the site plan shows 300-350 units) of independent and assisted living and 450 +/- units of residential (the site plan shows 466-632 units) including single-family, duplexes, multi -family, and townhomes. In addition, the community would have a medical office park, commercial and retail businesses, and a community senior health and fitness center. The site plan also includes 5 parks and a 5 -hole pitch and putt golf course. LOCATION The property is generally located along the south side of Franklin Rd. between Eagle Road and Cloverdale Road. The proposal is for property extending to the eastern boundary line of Meridian's Area of Impact. CURRENT OWNERSHIP The land proposed as part of the Touchmark development includes 12 separate parcels under four different owners. All owners have submitted consent to be a part of this application. SURROUNDING PROPERTIES St. Luke's Meridian Medical Center and Montvue Subdivision border this property to the west. Edgeview Estates Subdivision (in Boise City) borders the property to the east. The parcels to the TouchmarkAZ.CUP AZ -99-020 and CUP -99-037 Mayor, Council and P&Z November 4, 1999 Page 2 north include some scattered residential homes and undeveloped pasture north of Franklin. I-84 borders the property on the south. GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and I1 -2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. ANNEXATION AND ZONING COMMENTS 1. The legal description submitted for the property is correct and places the parcels contiguous to existing city limits at St. Luke's Meridian Medical Center, I-84, and a portion of Franklin Rd. Towhniart ALCUP AZ -99.020 and CUP -99-037 Mayor, Council and P&Z November 4, 1999 Page 3 2. Staff agrees with the proposed L -O zone for the project. Planned Unit Development - General, General Planned Residential uses, and Planned Commercial Development are all conditional uses in the L -O zone. 3. Staff has done an initial review of these parcels in regard to the current Comprehensive Plan Update process. City Council ordered Findings of Fact and Conclusions of Law with a favorable recommendation for the applicant's Comprehensive Plan Amendment request to change the land use designation to Mixed/Planned Use Development at their meeting of 11/3/99. The requested L -O zone would be compatible with this land use designation. 4. As required in the Comprehensive Plan for Mixed/Planned Use Development areas, any future development on this parcel will be required to follow the Conditional Use process. 5. The following landscape buffers should be required: • 50 feet minimum along I-84 (will allow an 8' berm at 3:1 slope) • 35 feet minimum along Franklin Road beyond required right-of-way • 20 feet minimum adjacent to the Montvue Subdivision • 10 feet minimum adjacent to Edgeview Estates Subdivision (beyond canal easement). 6. A Development Agreement is required as a condition of annexation. CONDITIONAL USE COMMENTS 1. As part of a conditional use permit, the City of Meridian may impose restrictions and conditions in addition to current City Ordinances. 2. Conceptually (based upon the submitted Master Concept Plan), Staff believes the project is in accord with the purpose of Planned Developments as outlined in Ordinance 11-9- 607A. 3. Design Standards: As a mixed/planned use development, the Touchmark development must comply with the following sections of the subdivision ordinance: 9-607D Procedures for Planned Developments, 9-607F General Regulations for Planned Development, and 9-607G General Standards for Planned Developments. In addition, residential areas must comply with 9-607H Design Standards for Planned Development - Residential. All commercial and office uses must comply with 9-607I Design Standards for Planned Development -Commercial. 4. Colored Rendering: The colored rendering submitted of a typical development falls short of the requirement in 9-607D for a colored rendering of the project that includes at least the following—architectural style, building materials, landscaping, screening, garbage areas, parking, and open space specific to this project. Applicant should TOu&n,wkAZ.CUP AZ -99-020 and CUP -99-037 Mayor, Council and P&Z November 4, 1999 Page 4 submit a colored rendering of a site plan or perspective that meets this requirement prior to action of the Commission. 5. Design Standards: Both the Comprehensive Plan (Housing chapter, pg. 68, para. 1.18) and the Subdivision Ordinance (11-9-607.F.7) require that variations pertaining to PD's shall not exceed 25% of the existing requirements. The applicant shall provide a matrix detailing specific areas where deviation from ordinance requirements is planned. This matrix shall include, but not be limited to, minimum lot area, front yard setback, Rear yard setback, interior side yard setback, street side setback, maximum building height, minimum street frontage, maximum block length, and maximum cul-de-sac length—prior to taking any action on the application. 6. Homeowner's Association Covenants: The owners association bylaws and other similar deed restrictions which provide for the control and maintenance of all common areas, recreation facilities or open space, must be approved by Council as part of this application as per 9-607.F.3. A Certificate of Zoning Compliance and building permits can only be issued after the covenants have been approved by Council as per 9-607.F.4. 7. Open Space: All Planned Developments (PD) are required to have at least 10% of the gross land area of the PD as common open space as per 9-607.G.5.d. This requirement appears to be well exceeded. However, the actual acreage/percentage should be submitted by the applicant to make it part of the record for the Conditional Use Permit. All open space delineated as common open space must meet all standards of 9-607.G.5. 8. Streets and Circulation: The Concept Plan is based on a network of private streets. ACHD has not yet held a hearing on the project. The applicant for Touchmark will be required to complete all street improvements to ACHD standards. If ACED requires a public street connection, it could dramatically affect the design of the project. Therefore, the Planning & Zoning Commission should not make a recommendation on the project until ACED has taken their final action. 9. Landscape Setbacks: Franklin Road and I-84 are both designated in the Meridian Comprehensive Plan as entryway corridors. Landscape setbacks are encouraged for all entryway corridors. The concept plan shows a 35 -foot landscape setback along Franklin Road. The 35 -foot setback beyond required right-of-way shall be a condition of the CUP. Along Interstate 84, the concept plan shows only 40 feet from the interstate right-of-way to the homes along I-84 with scant landscaping (which would make for very unpleasant and noisy living conditions). A minimum 50 -foot landscape setback along I-84 should be required as a common lot with an 8' high minimum berm at 3:1 slope. The berm may exceed the 3:1 slope (up to 2:1) to achieve maximum height if no grass is planted on the berm that would require mowing. The homes along 1-84 should also be required to have a 15 -foot minimum rear setback beyond the landscape common lot to give the houses a rear yard. To.chmark.AZ CUP AZ -99-= and CUP -99-037 Mayor, Council and P&Z November 4, 1999 Page 5 10. The Concept Plan shows no buffer between Edgeview Estates and the higher density lots along the Ridenbaugh Canal. Therefore, Staff recommends more comparable transitional densities adjacent to Edgview or that a 20 -foot minimum buffer planted with trees adjacent to the Ridenbaugh Canal easement. 11. The Concept Plan shows a 10 -foot buffer between the parking lot for the medical office complex and Montview Subdivision. This buffer should be increased to a 20 -foot minimum landscape buffer. Section 9-607.G.6 requires sreening of all parking, loading, and waste storage areas. 9-607.I.1 states that no planned commercial use area may be nearer than 20 feet to a residential use. 12. Access: Consideration should be given to the potential need for public access by the Montvue Subdivision residents to Franklin Road through the Touchmark development. Access also needs to be provided to the parcel that is surrounded by this development. 13. Signage: No signage details were submitted (design or location). Staff recommends that all signage details for the proposed Touchmark development as a whole be submitted and approved as part of this application. Signage plans for the individual office and commercial tenants will be subject to design review and separate permits when they are built. Specific restrictions on signage need to be included as part of this application. 14. Storage Areas: Storage areas shall be provided for the anticipated needs of boats, campers, motorhomes, and trailers at the rate of 1 space per 2 dwelling units as per Section 9-607.H.1. The applicant may petition for a reduction in this requirement if they can show that the needs of the development are less. 15. Maintenance Building: A maintenance building or approved area shall be provided that is suitable for the services required for the repair and maintenance of all common areas as per Section 9-607.11.3. This maintenance facility is not currently designated on the Concept Plan. 16. Irrigation: Underground pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the landscape area required, primary water supply connection to the City's mains will not be allowed. Developer shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 17. Fences: No fencing details were submitted for the boundaries of the project. While this item can be addressed during the Preliminary Plat application process, Staff requests the Applicant address intentions for fencing during the CUP hearing. Fencing should be designed considering public safety and aesthetics that match the high quality of the development. Tbuchma&AKCUP AZ -99-020 and CUP -99037 r-. Mayor, Council and P&Z November 4, 1999 Page 6 18. Walls & Gates: The colored perspective of the project shows a walled and gated community, yet no description or details of these structures have been provided. Applicant should clarify this issue and submit details as necessary. Staff does not support gated entrances to the development. 19. Tree -lined Streets: Staff supports the Concept Plan's depiction of tree -lined streets. This should be translated into a requirement for one 2" caliper (min.) tree per 35 lineal feet of frontage along all Collectors and Residential Collectors shown on the Concept Plan. 20. Cross Access Agreement: A cross -access agreement will be required to access the development via St. Luke's private road network. 21. Parking Lot Islands: All parking areas within the development should be required to provide landscape islands within the parking lot, with no more than 12 parking spaces in a row without an island. Islands serving a single row of parking shall have one tree. Islands serving a double row of parking shall have two trees. 22. Phasing: If the project is to be phased in over time, a phasing plan should be submitted and approved as part of this application. 23. Private Roads: The private road system must be approved by City Council. No details of the roads have been submitted. Typical cross sections of each road type must be submitted with this application for review and approval. 24. Sidewalks: As a senior community that has low traffic volumes and heavy pedestrian use, the development will require significant pedestrian amenities. No sidewalks, crosswalks, or other details for pedestrian amenities are shown on the Concept Plan. Pedestrian connection details should be submitted and approved as part of this application. 25. Staff supports the proposed Planned Development design elements of detached garages, shallower setbacks, and parkways along the road system. 26. The 12 existing lots that currently make up the land in this application should be combined into one lot with Ada County prior to annexation of the property into the City of Meridian. The City of Meridian does not currently have a process that allows combination of lots. 27. The City of Meridian was negotiating with the former owner of the property, Ed Bews, to acquire the existing well located near the northwest collector road. This will needs to be shown on the site plan along with all other existing and proposed utilities. The City is still in need of additional water supply in this area and is interested in working with the applicant to utilize this well to supplement the City's domestic system and to serve this project. Touchmark.AZ.CUP AZ -99-020 and CUP -99-037 Mayor, Council and P&Z November 4, 1999 Page 7 28. Sanitary sewer service to this site will be via extensions from existing mains installed in adjacent streets or developments. Applicant will be responsible to construct the sewer mains to and through this proposed development. Project designer to coordinate sizing and routing with the Public Works Department. 29. Water service to this site will be via extensions of existing mains installed in adjacent streets or developments. Applicant will be responsible to construct the water mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 30. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 31. Ordinance 11-9-607.G.4. requires that all PD's provide underground utilities throughout the entire project site. Please revise the site plan to show all existing and proposed utilities. 32. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 33. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments, and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 34. Applicant shall coordinate locations and construction requirements of the required trash enclosures with Meridian Sanitary Service, Inc., and provide a letter of approval from their office prior to applying for building permits. 35. All conditions placed on this application shall run with the land and shall not lapse or be waived as the result of any change in tenancy or ownership of any or all of the lands governed by this CUP application. All such conditions shall be deemed the requirements for the issuance of a Certificate of Occupancy for any use or structure as per section 9- 607.17.5. RECOMMENDATION Staff recognizes and supports the innovative design features of this development, including the mix of uses, parks and open space, alley -loaded lots, and tree -lined streets. Our primary concern with the conceptual plan remains the lack of specific detail in the Concept Plan. An option for Touchmazk.AZ.CUP AZ -99-M and CUP -99-037 Mayor, Council and P&Z November 4, 1999 Page 8 the Commission to consider is to continue the public hearings until the requested changes are made to the site plan, additional details are submitted, and ACHD completes their traffic study. Section 2-418C of the Zoning and Development Ordinance lists 9 findings that the Commission and Council must make before recommending approval of any Conditional Use Permit. Staff cannot recommend the project based on these criteria without the additional information and changes requested. 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 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. Touchmark.AZ CUP AZ -99020 and CUP -99-037 Mayor, Council and P&Z November 4, 1999 Page 9 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. 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 2.5U New subdivision development... will be considered as opportunities to ... encourage the development of recreational open spaces and parks as part of new planned developments. 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 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. TomchmarILAUUP AZ -99-020 and CUP -99-037 Mayor, Council and P&Z November 4, 1999 Page 10 6.11U Promote well-planned neighborhoods. AZ -99-020 and CUP -99-037 and well -designated affordable housing in all Meridian Toudm= AZCUP CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division H E A LT h DEPARTMENT �% _ NOV 2 2 1999 Rezone # '" � 9 � d t CITY ()F RTDM Conditional Use # Preliminary / Final / Short Plat pf jn I. We have No Objections to this Proposal Return to: ❑ Boise ❑ Eagle ❑ Garden City Meridian Kuna ❑ ACz ❑ 2. We recommend Denial of this Proposal. ❑ 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. ❑ 8. 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 ❑ 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. ❑ 13. ❑ 14. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store Date: Reviewed By:�'r Review Sheet WHO 10/91 rcb, rev. 1/91 HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (20S) 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) 888-4333 - Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (_08)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: November 26, 1999 TRANSMITTAL DATE: November 10, 1999 HEARING DATE: December 14, 1999 FILE NUMBER: AZ 99-021 _ REQUEST: ANNEXATION AND ZONING OF 8.25 ACRES FROM RT TO R8 FOR PROPOSED WOODHAVEN SUBDIVISION BY: DAN WOOD, D.W., INC. LOCATION OF PROPERTY OR PROJECT: WEST OF EAGLE ROAD BETWEEN OVERLAND AND WEST VICTORY ROAD TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, 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 _SANITARY SERVICE 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: ,yd 7� -lff S CE1 IV �-(j RECEIVED N O V 16 1999 CITY OF MERIDIAN N O V 12 1999 Meridian City Water SuperAWrArnt 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: November 26 1999 TRANSMITTAL DATE: November 10, 1999 HEARING DATE: December 14, 1999 FILE NUMBER: AZ 99-021 REQUEST. ANNEXATION AND ZONING OF 8.25 ACRES FROM RT TO R8 FOR PROPOSED WOODHAVEN SUBDIVISION BY: DAN WOOD D.W. INC. LOCATION OF PROPERTY OR PROJECT: WEST OF EAGLE ROAD BETWEEN OVERLAND AND WEST VICTORY ROAD TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, 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 _SANITARY SERVICE 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 C�ONCO REMA �1 HUB OF TREASURE VALLEY LEGAL DEPARTMENT titayor A Good Place t0 Live (208) 285-2499 •Fax 285-2501 ROBERT D. CORR[E CITY OF MERIDIAN PUBLIC WORKS City Council Members BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (208) 887-2211 - Fax 887-1297 NIERIDIAN, IDAHO 83642 GLENN BENTLEY (208) 888-4433 •Fax (208) 887-4813 PLANNING AND ZONING RON ANDERSON City Clerk Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Faz 887-1297 KEITH BIRD 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: November 26 1999 TRANSMITTAL DATE: November 10, 1999 HEARING DATE: December 14, 1999 FILE NUMBER: AZ 99-021 REQUEST. ANNEXATION AND ZONING OF 8.25 ACRES FROM RT TO R8 FOR PROPOSED WOODHAVEN SUBDIVISION BY: DAN WOOD D.W. INC. LOCATION OF PROPERTY OR PROJECT: WEST OF EAGLE ROAD BETWEEN OVERLAND AND WEST VICTORY ROAD TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, 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 _SANITARY SERVICE 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 C�ONCO REMA L4• ** TX STATUS REPORT ** AS OF NOV 04 199 16:03 PAGE.01 PUBLIC WORKS DATE TIME TO/FROM MODE MIN/SEC PGS CMD9 STATUS 03 11/04 15:58 12083452950 EC --S 04'47" 011 033 OK ------------------------------------------------ 200 E. Carton Ave., Ste. 201, Meridian, 10 83642 CITY OF MERIDIAN Planning & Zoning Dept. Fac To: bePCKj 60 LAJCJ1 i`f From Sonya Day - r -ram 345 -?-9-5o Pages: 10 pnduding Wver) Phones Datee l! I'i q9 Ree 7ouchryurr- b 0 n Ctrs AZ , Cur) cc: pmwnn ❑ Urgent ❑ For Review ❑ Plewa Corwnent ❑ Please Reply 0 Please Recycle 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: November 2 1999 TRANSMITTAL DATE: October 7, 1999 HEARING DATE: November 9, 1999 FILE NUMBER: AZ -99-0021 REQUEST: ANNEXATION AND ZONING OF 157.876 ACRES FROM R-3 TO RESIDENTIAL MULTI -FAMILY RETIREMENT AND COMMERCIAL. THE APPLICATION REQUESTS A ZONE OF L -O. BY: TOURCHMARK LIVING CENTERS/JOSEPH A. BILLIG LOCATION OF PROPERTY OR PROJECT: EAST OF ST. LUKE'S BETWEEN FRANKLIN ROAD AND 1-84 TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, 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 SANITARY SERVICE 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 COJPRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) YOUR CONCISE REMARKS: A10 � J?FCEIVEIJ 0 C T 2 1 1999 CITY OF MERIDIAN HUB OF TREASURE VALLEY LEGAL DEPARTMENT Mayor A Good Place to Live (208) 288-2499 - Fax 288-2501 ROBERT D. CORRIE MERIDIAN CITE OF M PUBLIC WORKS City Council Members BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (208) 887-2211 - Fax 887-1297 GLENN BENTLEY MERIDIAN, IDAHO 83642 PLANNING AND ZONING (208) 888-4433 • Fax (208) 887-4813 DEPARTMENT RON ANDERSON City Clerk Fax (208) 888-4218 (208) 884-5533 - Faz 887-1297 KEITH BIRD COMMENTS DEVELOPMENT PROJECTS TRANSMITTAL TO AGENCIES FOR WITH THE CIT OF MERIDIAN E 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: November 2 1999 TRANSMITTAL DATE: October 7, 1999 HEARING DATE: November 9, 1999 FILE NUMBER: AZ -99-0021 REQUEST: ANNEXATION AND ZONING OF 157.876 ACRES FROM R-3 TO RESIDENTIAL MULTI -FAMILY RETIREMENT AND COMMERCIAL. THE APPLICATION REQUESTS A ZONE OF L -O. BY: TOURCHMARK LIVING CENTERS/JOSEPH A. BILLIG LOCATION OF PROPERTY OR PROJECT: EAST OF ST. LUKE'S BETWEEN FRANKLIN ROAD AND 1-84 TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, 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 SANITARY SERVICE 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 COJPRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) YOUR CONCISE REMARKS: A10 � J?FCEIVEIJ 0 C T 2 1 1999 CITY OF MERIDIAN KEITH BIRD TRANSMITTAL TO AGENCIES FOR COMMENTS E DEVELOPMENT PROJECTS WITH THE CIT 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: November 2 1999 TRANSMITTAL DATE: October 7, 1999 HEARING DATE: November 9, 1999 FILE NUMBER: AZ -99-0021 REQUEST: ANNEXATION AND ZONING OF 157.876 ACRES FROM R-3 TO RFgIinFNTIAL. MULTI -FAMILY RETIREMENT AND COMMERCIAL. THE APPLICATION REQUESTS A ZONE OF L -O. BY: TOURCHMARK LIVING CENTERS/JOSEPH A. BILLIG LOCATION OF PROPERTY OR PROJECT: EAST OF ST. LUKE'S BETWEEN FRANKLIN ROAD AND 1-84 TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, 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 _SANITARY SERVICE _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) HUB OF TREASURE VALLEY LEGAL DEPARTMENT Mayor A Good Place to Live (208) 288-2499 • Fax 288-2501 ROBERT D. CORRIE CITY F MERIDIAN PUBLIC WORKS City Council Members BUILDING DEPARTMENT CHARLES ROUNTREE 33 FAST IDAHO (208) 887-2211 • Fax 887-1297 GLENN BENTLEY NIERIDIAN, IDAHO 83642 PLANNING AND ZONING (208) 888-4433 • Fax (208) 887-4813 DEPARTMENT RON ANDERSON City Clerk Fax (208) 888-4218 (208) 384-5533 • Faz 887-1297 KEITH BIRD TRANSMITTAL TO AGENCIES FOR COMMENTS E DEVELOPMENT PROJECTS WITH THE CIT 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: November 2 1999 TRANSMITTAL DATE: October 7, 1999 HEARING DATE: November 9, 1999 FILE NUMBER: AZ -99-0021 REQUEST: ANNEXATION AND ZONING OF 157.876 ACRES FROM R-3 TO RFgIinFNTIAL. MULTI -FAMILY RETIREMENT AND COMMERCIAL. THE APPLICATION REQUESTS A ZONE OF L -O. BY: TOURCHMARK LIVING CENTERS/JOSEPH A. BILLIG LOCATION OF PROPERTY OR PROJECT: EAST OF ST. LUKE'S BETWEEN FRANKLIN ROAD AND 1-84 TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, 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 _SANITARY SERVICE _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) 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: November 2 1 er 9 TRANSMITTAL DATE: October 7 1999 HEARING DATE:_November _ 1999 FILE NUMBER: AZ -99-0021 REQUEST: ANNEXATION AND ZONING OF 157.876 ACRES FROM R-3 TO occing=NTIA1 MULTI -FAMILY RETIREMENT AND COMMERCIAL. THE APPLICATION REQUESTS A ZONE OF L.O. BY: TOURCHMARK LIVING CENTERS/JOSEPH A. BILLIG LOCATION OF PROPERTY OR PROJECT: EAST OF ST. LUKE'S BETWEEN FRANKLIN ROAD AND 1-84 TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, 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 _SANITARY SERVICE _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) vni iQ r`nW(-IRF REMARKS: /Ud A t.110;4ciian C`t) HUB OF TREASURE VALy LEGAL DEPARTMENT Mayor A Good Place to Live \ (208) 288-2499 - Fax 288-2501 ROBERT D. CORRIE OF IVIERI AN PUBLIC City Council Members CITY . , DEPARTMENT BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (208) 887-2211 - Fax 587-1297 GLENN BENTLEY NIERIDIAN, IDAHO 83642 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING RON ANDERSON (208) City Clerk Fax (208) 888-4218 DEPARTMENT (208) 884-5533 - Faz 887-1297 KEITH BIRD DEVELOPMENT PROJECTS TO AGENCIES FOR COMMENTS TRANSMITTAL WITH THE CITY OF 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: November 2 1 er 9 TRANSMITTAL DATE: October 7 1999 HEARING DATE:_November _ 1999 FILE NUMBER: AZ -99-0021 REQUEST: ANNEXATION AND ZONING OF 157.876 ACRES FROM R-3 TO occing=NTIA1 MULTI -FAMILY RETIREMENT AND COMMERCIAL. THE APPLICATION REQUESTS A ZONE OF L.O. BY: TOURCHMARK LIVING CENTERS/JOSEPH A. BILLIG LOCATION OF PROPERTY OR PROJECT: EAST OF ST. LUKE'S BETWEEN FRANKLIN ROAD AND 1-84 TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, 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 _SANITARY SERVICE _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) vni iQ r`nW(-IRF REMARKS: /Ud A t.110;4ciian C`t) M ay or ROBERT D. CORRIE City Council Members CHARLES ROUNTREE GLENN BENTLEY" RON ANDERSON KEITH BIRD HUG OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 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: November 2 1999 TRANSMITTAL DATE: October 7, 1999 HEARING DATE: November 9, 1999 FILE NUMBER: AZ -99-0021 REQUEST: ANNEXATION AND ZONING OF 157.876 ACRES FROM R-3 TO RESIDENTIAL MULTI -FAMILY RETIREMENT AND COMMERCIAL. THE APPLICATION REQUESTS A ZONE OF L -O. BY: TOURCHMARK LIVING CENTERS/JOSEPH A. BILLIG LOCATION OF PROPERTY OR PROJECT: EAST OF ST. LUKE'S BETWEEN FRANKLIN ROAD AND 1-84 TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, 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 SANITARY SERVICE _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: e - 01 �,' CEIVL'' D OCT 2 9 1999 CITY OF MERIDIAN CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division H E A LT H DEPARTMENT Rezone # Z 2 v 0 Conditional Use # Preliminary / Final / Short Plat I. We have No Objections to this Proposal. 2, We recommend Denial of this Proposal. Return to: ❑ Boise ❑ Eagle ❑ Garden City Meridian ❑ Kuna ❑ ACz ❑ 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. ❑ 8. 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 ❑ 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. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store 14. Al 09,73C% : ones Z�2 �� ��✓�'� Date: -Z—"/ Reviewed By: Review Sheet WHO 10/91 rcb, rev. 1/91 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: November 2 1999 TRANSMITTAL DATE: October 7, 1999 HEARING DATE: November 9, 1999 FILE NUMBER: AZ -99-0021 REQUEST: ANNEXATION AND ZONING OF 157.876 ACRES FROM R-3 TO RESIDENTIAL MULTI -FAMILY RETIREMENT AND COMMERCIAL. THE APPLICATION REQUESTS A ZONE OF L -O. BY: TOURCHMARK LIVING CENTERSMOSEPH A. BILLIG LOCATION OF PROPERTY OR PROJECT: EAST OF ST. LUKE'S BETWEEN FRANKLIN ROAD AND 1-84 TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, 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 _SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER ]RECIE;IVE13 OCT 2 9 1999 CITY OF MERIDIAN 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: �; i E -fins %9 HUB OF TREASURE VALLEY LEGAL DEPARTMENT MayorA Good Place to Live (208) 288-2499 - Fax 288-2501 ROBERT D. CORRIE CITYOF MERIDIAN PUBLIC WORKS City Council Members BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (208) 887-2211 - Fax 887-1297 MERIDIAN, IDAHO 83642 GLENN BENTLEY (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING RON ANDERSON City Clerk Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Faz 887-1297 KEITH BIRD 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: November 2 1999 TRANSMITTAL DATE: October 7, 1999 HEARING DATE: November 9, 1999 FILE NUMBER: AZ -99-0021 REQUEST: ANNEXATION AND ZONING OF 157.876 ACRES FROM R-3 TO RESIDENTIAL MULTI -FAMILY RETIREMENT AND COMMERCIAL. THE APPLICATION REQUESTS A ZONE OF L -O. BY: TOURCHMARK LIVING CENTERSMOSEPH A. BILLIG LOCATION OF PROPERTY OR PROJECT: EAST OF ST. LUKE'S BETWEEN FRANKLIN ROAD AND 1-84 TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, 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 _SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER ]RECIE;IVE13 OCT 2 9 1999 CITY OF MERIDIAN 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: �; i E -fins %9 October 27, 1999 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 RACE NOV - 1 1999 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re: Annexation and Zoning of m5me c al 7-876 CrWaterfo d Developres from R-3 to Residential, Multi - Family, Retirement and Co Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, j Bill Hens�o"n, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File — Shop File — Office a} r Superi^te lR1at-C^dent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000