Touchmark Living Center CPA 99-004
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BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF JOSEPH A. )
BILLIGfTOUCHMARK LIVING )
CENTERS, INC., FORA )
COMPREHENSIVE PLAN )
AMENDMENT TO CHANGE LAND)
USE FROM SINGLE-FAMILY )
RESIDENTIAL TO MIXED/ )
PLANNED USE DEVELOPMENT, )
LOCATED EAST OF ST. LUKE'S )
BETWEEN 1-84 AND FRANKLIN )
ROADS, MERIDIAN, IDAHO )
)
CASE NO. CPA-99-004
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE
MAP
The above entitled application for amendment to the City of Meridian's
Comprehensive Plan Generalized Land Use Map having come on for public hearing
before the City Council on the 3rd day of November, 1999, at the hour of 7:00 p.m.,
which hearing was continued to the 16th of November, 1999, at the Meridian City
Hall, 33 East Idaho Street, Meridian, Idaho, and appearing and offering testimony at
the November 3, 1999, hearing were Shari Stiles, Planning and Zoning
Administrator, and Becky Bowcutt of Briggs Engineering, Inc. appeared and testified
on behalf of the Applicant, and Wesley Hoalst, appeared and commented at the
November 3, 1999 hearing at which time the Council continued the hearing to the
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP ~ JOSEPH A. BILLIG/
TOUCHMARI( LIVING CENTERS, INC. - (CPA-99-004)
PAGE 1 OF 19
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regular meeting on the 16th day of November, 1999, at the hour of 7:00 p.m. at
which time Shari Stiles again appeared and Becky Bowcutt appeared and no one
further appeared, and the Council having received the record of this matter from the
Planning and Zoning Commission, and having received the "Findings of Fact and
Conclusions of Law and Decision and Recommendation of the Planning and Zoning
Commission on this application, and having duly considered the matter, the City
Council makes the following Findings of Fact, Conclusions of Law, Decision and
Order Amending Comprehensive Plan Generalized Land Use Map.
FINDINGS OF FACT
1. A notice of the time, place, and a summary of the proposed amendment
plan to be discussed at the November 3, 1999, hearing, and continued to November
16,1999, and was published fifteen (15) days prior to said hearing; copies of all
notices were made available to newspaper, radio, and television stations; the matter
was duly considered at the November 3, 1999, public hearing, and continued to the
November 16, 1999 hearing; and the public was given full opportunity to express
comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in the City of Meridian Comprehensive Plan and Idaho Code S 67-6509.
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/
TOUCHMARI( LIVING CENTERS, INC. - (CPA~99-004)
PAGE 2 OF 19
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3. The property which is the subject of the application for amendment is
herein described as follows to~wit:
See attached Exhibit "A" and stating: "Description for TouchmarkAnnexation,
October 19, 1999, submitted by Michael E. Marks, PLS No. 4998 of
Professional Land Surveyors.
4. The Applicant is Joseph A. BilligITouchmark Living Centers, Inc. of
5150 S.W. Griffith Dr., Beaverton, Oregon. The Applicant filed a written
Comprehensive Plan amendment application.
5. The application concerns 72.6 acres which are presently owned by Mr.
Ed Bews, which is outside of the City limits in Ada County and currently zoned R-3
and RT, and the other parcel is approximately 70 acres, and owned by Mr. Rick
Thomas and which is currently zoned in the County as R T.
6. The subject property is presently designated on the Meridian
Comprehensive Plan Generalized Land Use Map as 65% Mixed/Planned Use
Development, and approximately 35% as Single-Family Residential with the Thomas
parcel being designated as Single-Family Residential.
7. Pursuant to the application, the affected property is generally described
as 142.6 acres located east of St. Luke's Medical Center, south of Franldin Road,
north of IM84.
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/
TOUCHMARI( LIVING CENTERS, INC. - (CPA-99-004)
PAGE 3 OF 19
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8. The Meridian Planning and Zoning Commission took judicial notice of
its Zoning, Subdivision and Development Ordinances codified at Title 11, Municipal
Code of the City of Meridian and all current zoning maps thereof and the
Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No.
629-Jan.4, 1994 and Maps and Ordinance establishing the Impact Area Boundary.
9. The Applicant requested the Comprehensive Plan amendment and the
application was not initiated at the request of the City of Meridian.
10. The designation change requires an amendment to the Comprehensive
Plan of the City of Meridian as requested by the Applicant. (City of Meridian
Comprehensive Plan, pg. 78~79).
11. The Assistant to the City Engineer, Bruce Freckleton, and the Assistant
Planner, Steve Siddoway, submitted comments by and through a Memorandum
dated September 28, 1999, and Bruce Freckleton and Shari Stiles, Planning and
Zoning Administrator submitted comments by and through testimony during the
September 30, 1999, public hearing on this matter. Such report and comments are
hereby adopted as Findings and are hereby incorporated herein, as follows:
11.1 COMPATIBILITY & DESIGN ISSUES: The proposed project is
fully compatible with St. Luke's to the west. St. Luke's
representatives have expressed support for the project.
Consideration for adequate buffering of the existing residential
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/
TOUCHMARI( LIVING CENTERS, INC. - (CPA-99-004)
PAGE 4 OF 19
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subdivisions would need to be carefully considered during future
detailed plan reviews.
11.2 The proposed project includes a private road campus, which likely
will be a hot issue. ACHD will need to determine if a public road
will be required through the project.
11.3 PUBLIC WORKS ISSUES: The Public Works' Facility Plan
forecasts the northerly portion of this property to be served with
sewer extending through the RC Willey site, and the southerly
portion to be served by sewer extending through the Saint Luke's
site. The line dividing the north portion from the southerly
portion is not clearly defined. This line represents the division by
which gravity sewer can drain to each of the two mains. The
current Meridian Comprehensive Plan indicates a proposed well
site in the vicinity of the mid section line intersection with
Franklin Road. The Public Works Department still desires to
develop a new well in this vicinity. These and other issues will be
determined when annexation and development applications are
processed. Water service to any future development is contingent
upon positive results from a hydraulic analysis by our computer
model.
11.4 OTHER: It appears that Records of Survey have been recorded
to establish separate parcels of property. The City of Meridian
does not recognize these parcels as legal lots, and appropriate
subdivision platting will need to take place prior to initiation of
any development of the property.
11.5 Staff recommends approval of the Comprehensive Plan
Amendment as a Mixed/Planned Use Development. Due to the
Mixed/Planned Use designation, all development applications will
require a Conditional Use Permit and design review by the
Planning & Zoning Commission and City Council. Approval of a
change in the land use designation in no way indicates approval
of any concept plans presented, nor serviceability of the site.
FINDINGS OF PACT AND CONCLUSIONS OP LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP ~ JOSEPH A. BILLIG/
TOUCHMARI( LIVING CENTERS, INC. - (CPA~99-004)
PAGE 5 OF 19
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12. The Meridian Planning and Zoning staff offered the following analysis
of the written Comprehensive Plan which the Council hereby adopts as Findings of
the compatibility of the application to the written Comprehensive Plan to-wit:
12.1 The 1993 Comprehensive Plan contains a variety of goals and
policies relevant to this application. The following sections most
directly apply to the proposed project and are repeated here for
the Council and Commission's consideration during the hearing
process.
Goal 3 is "to encourage the kind of economic growth and
development which supplies employment and economic self.
sufficiency for existing and future residents, reduces the present
reliance on Boise and strengthens the City's ability to finance and
implement public improvements, services, and its open space
character, "
Goal 4 of the Comprehensive Plan is "to provide housing
opportunities for all economic groups within the community."
Goal 8 is "to establish compatible and efficient use of land
through the use of innovative and functional site design."
12.2 Economic Development
1.1 The City of Meridian shall make every effort to create a
positive atmosphere which encourages...commercial enterprises to
locate in Meridian.
1.3 The character, site improvements and type of new
commercial or industrial developments should be harmonized
with the natural environment and respect the unique needs and
features of each area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/
TOUCHMARI( LIVING CENTERS, INC. ~ (CPA-99w004)
PAGE 6 OF 19
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12.3 Land Use
1 AU Encourage new development that reinforces the City's
present development pattern of higher density development
within the Old Town area and lower density development in
outlying areas.
1 .8U Promote the development of highMquality and
environmentally compatible residential areas that contain the
necessary parks, schools and commercial facilities to maintain and
form identifiable neighborhoods.
2.1 U Support a variety of residential categories (urban, rural,
single-family, multi-family, townhouses, duplexes, apartments,
condominiums, etc.) for the purpose of providing the City with a
range of affordable housing opportunities.
2.2U Support strategies for the development of neighborhood
parks within all residential areas.
2.3U Protect and maintain residential neighborhood property
values, improve each neighborhood's physical condition and
enhance its quality of life for residents.
4.8U Encourage commercial uses, offices and medical-care uses
to locate in the Old Town district, business parks, shopping
centers and near high-intensity activity areas, such as freeway
interchanges.
6.8U New urban density subdivisions which abut or are
proximal to existing rural residential land uses shall provide
screening and transitional densities with larger, more comparable
lot sizes to buffer the interface between the urban level densities
and rural residential densities.
12 A Transportation
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/
TOUCHMARI( LIVING CENTERS, INC. ~ (CPA-99-004)
PAGE 7 OF 19
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1 AU Monitor and coordinate the compatibility of the land use
and transportation system.
1 .20U Encourage proper design of residential neighborhoods to
ensure their safety and tranquility.
12.5 Open Space, Parks and Recreation
2.5U New subdivision development.. .will be considered as
opportunities to.. .encourage the development of recreational
open spaces and parks as part of new planned developments.
12.6 Housing
1.1 The City of Meridian intends to provide for a wide
diversity of housing...... in a variety of locations suitable for
residential development.
104 The development of housing for all income groups close to
employment and shopping centers shall be encouraged.
1.6 Housing proposals shall be phased with transportation,
open space and public service and facility plans, which will
maximize benefits to the residents, minimize conflicts and
provide a tie-in between new residential areas and service needs.
1.19 High-density development, where possible, should be
located near open space corridors or other permanent major open
space and park facilities, and near major access thoroughfares.
12.7 Community Design
5.2 Ensure that all new development enhances rather than
detracts from the visual quality of its surroundings, especially in
areas of prominent visibility.
FINDINGS OF PACT AND CONCLUSIONS OP LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/
TOUCHMAR1( LIVING CENTERS, INC. ~ (CPA-99p004)
PAGE 8 OF 19
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6.5U Establish land-use designations that reflect the character of
existing neighborhoods.
6.11 U Promote well-planned and well-designated affordable
housing in all Meridian neighborhoods.
13. The proposed designation change within the subject application would,
in fact, require an amendment to the Comprehensive Plan as determined by City
policy.
14. The Applicant proposes to develop the subject parcels to include a
nursing home facility, multi-family units, attached single-family dwellings, and
medical office. The proposed project is to be designed to provide different levels of
care for the elderly.
15. The Edgeview Estates Subdivision (County Subdivision) borders to the
property to the east. The parcels to the north include some scattered residential
homes and undeveloped pasture north of Franklin. Interstate I~84 borders the
property to the south.
16. The proposed project is fully compatible with St. Luke's medical
facilities to the west and can provide a transitional land use from the St. Luke's
facilities to the residential subdivision to the east.
17. Considering the previous and existing conditions, trends, desirable goals
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP ~ JOSEPH A. BILLlG/
TOUCHMARI( LIVING CENTERS, INC. - (CPA~99-004)
PAGE 9 OF 19
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and objectives, and desirable future situations of the Generalized Land Use Map of
the Comprehensive Plan it is found that since the adoption of the Generalized Land
Use Map there have been significant changes in the area including most notably the
approval and construction of a major medical facility, the St. Luke's Medical
complex, which will now also include a hospital and which facility lies and abuts the
subject properties on the west and south. The subject real property lies within the
City of Meridian Impact Area.
18. The City has complied with the referral process with Ada County of the
requested amendment of the Comprehensive Plan.
19. In order to develop the parcel there are no other solutions in order to
have zoning compatible to the Comprehensive Plan than to amend the Generalized
Land Use Map component as applied for herein.
20. It has been more than 6 months prior to the date of the receipt of the
recommendation of the Planning and Zoning Commission in this matter; that the
Commission has recommended amendments to the Land Use Map component of the
Comprehensive Plan to the City Council.
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/
TOUCHMARI( LIVING CENTERS, INC. ~ (CPA~99-004)
PAGE 10 OF 19
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CONCLUSIONS OF LAW
1. The procedural requirements of the Land Use Planning Act and of the
Comprehensive Plan of the City of Meridian require notice of the time, place, and a
summary of the proposed amendment to the Plan, the publication of which is to be
fifteen (15) days prior to said hearing; copies of all notices were made available to
newspaper, radio, and television stations. (Meridian Comprehensive Plan
Implementation Chapter, Comprehensive Plan Amendment Section; Idaho Code S
67 ~6509(b)).
2. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code (I.c. &
67 ~6509).
3. The Meridian Planning and Zoning Commission may exercise all the
powers required and authorized under the "Land Use Planning Act" except the power
to adopt ordinances by the establishment of a Planning and Zoning Commission by
ordinance pursuant to Idaho Code & 67-6504 which the City Council of the City of
Meridian has established by the passage of the "City of Meridian Zoning and
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/
TOUCHMARI( LIVING CENTERS, INC. ~ (CPA~99-004)
PAGE 11 OF 19
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Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of
Meridian.
4. The City Council or any group or person may petition the Planning and
Zoning Commission for a plan amendment at any time. The following requirements,
time tables, and procedures to amend Meridian's Comprehensive Plan at pages 78 ~
79 must be satisfied:
A. Application to amend the Comprehensive Plan may be filed with
the Planning and Zoning Commission at any time.
B. The Applicant will submit a letter for a Plan amendment which
will contain the following;
4.B.l Specific definition of the change requested.
4.B.2 Specific information on any property involved.
4.B.3 The condition or situation which warrants a change being
made in the Plan.
4.BA The public need for and benefit from such a change in the
Plan.
4.B.5 Documentation that no other solutions to the problem are
presented by the current policy of the Plan are possible or
reasonable.
4.B.6 Development intentions for any land involved.
4.B.7 Any other data and information needed by the Planning
and Zoning Commission in evaluating the proposal, such
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP ~ JOSEPH A. BILLIG/
TOUCHMARI( LIVING CENTERS, INC. - (CPA-99-004)
PAGE 12 OF 19
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as who does it help, who does it hurt, how much is it going
to cost and who is going to pay for it.
C. No application will be considered until the required information
is complete.
(Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan
Amendments Section).
5. The Commission may recommend amendments to the land use map
component of the Comprehensive Plan to the City Council not more frequently than
one every six (6) months. (Idaho Code & 67-6509(d); Meridian Comprehensive Plan
Implementation Chapter, Comprehensive Plan Amendments Section)
6. The City Council may conduct a public hearing in addition to the
public hearing conducted by the Planning and Zoning Commission as provided by
Ordinance, prior to adoption, amendment, or repeal of the Comprehensive Plan using
the same notice and hearing procedures as the Commission, only after having
received the Recommendations from the Planning and Zoning Commission. Idaho
Code ~ 67-6509(b).
7. The Comprehensive Plan of the City of Meridian provides at page 79 in
Section F, G and H of the Section entitled "Comprehensive Plan Amendments" for
the procedure to be followed by the City Council upon receipt of the Planning and
Zoning Commission's recommendations to as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/
TOUCHMARI( LIVING CENTERS, INC. - (CPA-99-004)
PAGE 13 OF 19
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F: Upon receipt of the Planning and Zoning Commission's
recommendations on Plan amendments, the City Council will set a date
for public hearing on the application. At the public hearing, the
proposed amendments will be presented and the City Council will
receive the report of is Committee, if one has been appointed, and
public testimony on each application.
G: At the public hearing or within 45 days thereafter, the City Council
shall approve or deny the application (except that with the written
agreement of the applicant, an additional amount of time, which shall
be specified, may be taken). All applicants shall be notified by mail of
the City Council's decision and the decision shall be supported by
findings of fact and conclusions of law. If the City Council makes a
material change in the proposed plan amendment it shall conduct one
additional public hearing prior to adopting the proposed amendment as
changed and may alter its findings of fact and conclusions of law.
H: AIl applications for Comprehensive Plan amendments shall be acted
upon by the City Council within 16 months from their date of filing
unless, upon written agreement of the applicant, an additional amount
of time may be specified, or unless the provisions of Section (1) are
applicable requiring additional time for study.
8. The Meridian Comprehensive Plan applies to the Meridian Area of City
Impact and the coordination of amendments and zoning applications in the Impact
Area are as follows:
l-11w6 Meridian City Code: Coordination of Amendments and Zoning
Applications:
"A. County and City Coordination: All applications for Ada County and
Meridian amendments to their respective comprehensive plans and
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/
TOUCHMARI( LIVING CENTERS, INC. - (CPA~99~004)
PAGE 14 OF 19
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implementing ordinances which apply within the area of City impact
shall be sent by the entity considering such amendment to the other
entity. A separate referral process shall be adopted by resolution by
each entity regarding procedures and time periods for, and the effect of,
sending such amendments, and such resolution may be amended from
time to time upon mutual agreement in writing by Ada County and the
City.
B. Applications To City: All Ada County applications for planned
developments, subdivisions, rezones, private roads, and conditional use
permits within the area of City impact shall be sent to Meridian, in
accordance with the referral process arrived at pursuant to subsection A
of this Section."
9. To change a designation from Single Family Residential to Mixed Use
requires approval by the Planning and Zoning Commission as provided under the
City of Meridian Comprehensive Plan, Implementation Chapter Comprehensive Plan
Amendments Section.
10. Upon review of an amendment application relating to land use
designations, the Council should take the following objectives into account:
10.1 Mixed -planned uses along the I ~84 corridor, which are attractive
and compatible with high-volume traffic corridors.
10.2 Designating ample land for urban expansion and infill.
10.3 Quality residential neighborhoods, north, south, east, and west of
Old Town.
10.4 Planned mixed uses along I~84, Franklin Road, U.P. Railroad, and
Fairview Avenue corridors.
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP ~ JOSEPH A. BILLIG/
TOUCHMARI( LIVING CENTERS, INC. - (CPA~99~004)
PAGE 15 OF 19
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10.5 Buffers to the waste treatment plant.
10.6 Adequate school and park sites for quality living.
10.7 The importance of maintaining compatible land uses to ensure an
optimum quality of life.
10.8 Respect for the responsibilities and rights of land ownership.
10.9 Reinforce the role of the City in regulating the use of land
resources for the benefit of future generations.
10.10 Plan for multiple use of public facilities wherever feasible.
11. Upon review of an amendment application affecting residential
designations, the Council should take the following policies into account:
11.1 Support a variety of residential categories (urban, rural, single-
family, multi-family, townhouses, duplexes, apartments,
condominiums, etc.) for the purpose of providing the City with a
range of affordable housing opportunities.
11.2 Support strategies for the development of neighborhood parks
within all residential areas.
11.3 Protect and maintain residential neighborhood property values,
improve each neighborhood's physical condition and enhance its
quality of life for residents.
11.4 Encourage sidewalks and paved streets for all existing
neighborhoods through joint ACHD/Local Improvement District
programs.
11.5 Encourage compatible infill development which will improve
existing neighborhoods.
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/
TOUCHMARI( LIVING CENTERS, INC. - (CPA-99-004)
PAGE 16 OF 19
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12. The requirements for a Comprehensive Plan are set forth in I. C. & 67-
6508. The statute provides in part that: "The plan shall consider previous and
existing conditions, trends, desirable goals and objectives, or desirable future
situations for each planning component. The maps and charts are based on the
components of the written plan."
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN
ADOPTED, the City Council does hereby Order and this does Order that:
1. The Applicant's request for Comprehensive Plan Amendment to the
Generalized Land Use Map Component to change the real property described in
Finding of Fact no. 3 from a Single Family Residential designation to a
Mixed/Planned Use Development designation is granted.
2. The City Attorney is directed to prepare for consideration by the City
Council the appropriate Resolution directing the Comprehensive Plan Land Use Map
Component change of the subject real property from Single Family Residential to
Mixed Use/Planned Use Development.
3. Subsequent to the passage of the Resolution, provided for in Section 2
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/
TOUCHMARI( LIVING CENTERS, INC. - (CPA-99-004)
PAGE170F19
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of this Order, the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official Comprehensive Plan Generalized Land
Use Map component in conformance with this Order and the provisions of the
Resolution.
4. The City Clerk is to notify and provide a certified copy of the
Resolution to the appropriate Ada County officials to notify them of the
Comprehensive Plan amendment.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code ~ 67.6521. An affected person being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the Comprehensive Plan Land Use Map change may, within twenty.eight
(28) days after the date of this decision and order, seek a judicial review as provided
by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the / Gf~ day of
;1/ove /hi3er-
,1999.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP . JOSEPH A. BILLIG/
TOUCHMARI( LIVING CENTERS, INC. ~ (CPA-99~004)
PAGE 18 OF 19
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP - JOSEPH A. BILLIG/
TOUCHMARI( LIVING CENTERS, INC. - (CPA-99~004)
PAGE190F19
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COUNCILMAN GLENN BENTLEY
VOTED-t+-
VOTED~
COUNCILMAN KEITH BIRD
COUNCILMAN CHARLIE ROUNTREE
VOTED ~O C\
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 1/-/6-19
VOTED
MOTION:
APPROVED:
@
DISAPPROVED:
By:
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DESCRIPTION FOR
TOUCHMARK ANNEXATION
October 19, 1999
A parcel of land lying in Section 16, Township 3 North, Range 1 East 80lse
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the north % corner of Section 16, T.3N., R.1 E., 8.M., the REAL
POINT OF BEGINNING of this description;
Thence S 89"29'19" E 1351.29 feet to the northeast corner of the NW Y... of the
NE Y4;
Thence S 00"06'30" E 558.08 feet along the east line of the NW Y... of the NE Yo 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 49300 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 2140 feet to the southwest corner of Edgeview Estates
No.2, said pOint being on the north right of way of Interstate 54:
91:106U I \toucrunark-anx-dcs. doc
OCT 19 '9S 17:01
EXHIBIT "A" - PAGE 1 OF 3
CPA~99-004
12083452950
='AG:::.02
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Leaving the boundary of said Edgeview Estates NO.2:
Thence continuing S 13Q 46' 18" W 11818 feet to a point:
Thence S 12044'22" W 87.01 feet to a point on the south right of way of Interstate
84;
Thence N 89043'22" W 1155.59 feet along the south right of way of Interstate 84
to a point on the west line of the NW % of the SE %;
Thence N 00013'01" W 227.61 feet to the northwest corner of the SE % (the
center % corner) of Section 16;
Thence N 89023'35" W 625.37 feet along the south line of SE y.. of the NW y;. 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 Y4 of the
NWX;
Thence N 89026'11" W 338.32 feet along the south line of the NW ~ of the NW
% to a point on the east boundary of Montvue Park, a subdivision, filed in Book
17 of Plats, at Page 1107, records of the Ada County Recorder's Office:
Thence N 00020117" W 1327.17 feet along said east boundary to a point on the
north line of the NW % of the NW %;
Thence S 89028'47" E 337.68 feet to the northeast corner of the NW % of the NW
X;
Thence S 00021'56" E 496.26 feet along the east line of the NW % of the NW y..
to a point:
Thence S 79029'58" E 117.09 feet to a point:
Thence N 00021'56" W 516_55 feet to a point on the north line of the NE '14 of the
NW%;
Thence S 89<>28'47" E 1003.89 feet along the north line of the NE Yo of the NW y..
to a point;
Thence S 00013'01" E 922.87 feet to a point:
')gOG() I \touchmark.-anx~es.doc
DC, 19 '95 17:01
EXHIBIT "A" - PAGE 2 OF 3
CP A-99~004
120E3452950
?AG:::.03
/
.
.
Thence S 85031'47" E 235,00 feet to a point on the east line of the NE % of the
NW%:
Thence N 00013'01" W 939,06 feet along the east line of the NE % of the NW Yo
to the REAL POINT OF BEGINNING of this description:
Said parcel of land contains 163.288 acres, more or less.
Michael E. Marks. PLS No. 4998
9806U I \lOuchmark-anx-des.doc
OCT 19 '99 17:02
EXHIBIT "A" - PAGE 3 OF 3
CP A-99~004 12083452::50
TOT~L p.04
DAG::::.04
.~. -:.
RESOLUTION NO. 2/0 '1
BY: CA~i<e ~-h-.e.R-
0/0 ~c<<.~a..-r-
A RESOLUTION FINDING THAT THE OWNER, WATERFORD
DEVELOPMENT AND CONSTRUCTION COMPANY, OF CERTAIN REAL
PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE
AMENDMENT OF THE MERIDIAN COMPREHENSIVE PLAN
GENERALIZED LAND USE MAP COMPONENT FOR THE DESIGNATION
OF REAL PROPERTY THAT LIES WITHIN THE IMPACT AREA OF THE
CITY OF MERIDIAN FROM "SINGLE-FAMILY RESIDENTIAL
DESIGNATION TO A MIXED/PLANNED USE DEVELOPMENT
DESIGNATION" AND REPEALING ALL ORDINANCES, RESOLUTIONS
ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND
DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE
MAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN
GENERALIZED LAND USE MAP COMPONENT AND DIRECTING THE
CITY CLERK TO NOTIFY AND PROVIDE A CERTIFIED COPY OF THE
RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS.
BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF
THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
Section I. Findings:
1. The owner, Waterford Development and Construction Company, of the
following described property has made a written application for a real property
designation Comprehensive Plan Amendment to the Generalized Land Use Map
Component change from a Single Family Residential designation to a Mixed! Panned
Use Development designation.
2. The City of Meridian Planning and Zoning Commission and the City
Council having given notice and conducted all public hearings in accordance with
law, and having duly notified Ada County of said application and having received
their comments, and having issued its Findings of Fact and Conclusions of Law,
Decision and Order Granting the Application; and
RESOLUTION - (CPA-99-004) ~ PAGE 1 OF 3
.
.
3. The Real property which is the subject of this resolution is legally described
as follows:
See attached Exhibit "A" and stating: Description for Touchmark Annexation,
October 19, 1999, submitted by Michael E. Marks, PLS No. 4998 of
Professional Land Surveyors.
Section 2. The above described real property be and the same is hereby re-
designated on the Comprehensive Generalized Land Use Map from Single Family
Residential to Mixed! Planned Use Development.
Section 3. The engineering staff of the Public Works Department shall
prepare the appropriate mapping changes of the official Comprehensive Plan
Generalized Land Use Map component in conformance with the provisions of the
Resolution.
Section 4. The City Clerk is to notify and provide a certified copy of the
resolution to the appropriate Ada County officials to notify them of the
comprehensive plan amendment.
Section 5. All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
Section 6. This ordinance shall be in full force and effect from and after its
passage, approval and publication, according to law.
I /' ..f^-
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ -
day of NOf/T2lrL-hev ,1999.
~ROVED ~HE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
t!-dayof .QI/~ ,1999.
ATTEST:
~~p~~
City Clerk
. .
STATE OF IDAHO, )
:ss.
County of Ada, )
-It
On this / 7'- day of I( ~ , 1999, before me, the
undersigned, Notary Public in and for said State, personally appeared ROBERT D.
CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City 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.
........~
.'
~~.., '0. O".h
~.... ~ to- ........ :.t~
.: ~ ... .-..:~
T' Ai ""/ ,+OTAit)-, \
(S~)! _._ :*!
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\ J>VB\,\ l :
~ .... ..- 0 .:
ill V'')".. ... .'10.: ..
~~ .,~ ......". 't-..... ~....
"##.. 1'/3 OF \'Q ........
#.",...........
~,6!. ~~
Notary PUbli~or Idaho .i,.
ResIdmg at: ~ ~/ \. ~
My CommiSSIOn Expires: / /---'C).:l-t14-
msWZ,\Work\M\Meridian 1 5360M\Touchmark Living Centers\Reso!ution,CPA
RESOLUTION - (CPA~99-004) - PAGE 3 OF 3
.
.
DESCRIPTION FOR
TOUCHMARK ANNEXATION
October 19, 1999
A parcel of land lying In Section 16, Township 3 North. Range 1 East. BOise
Meridian, Ada County, Idaho, more particularlY described as follows:
Commencing at the north % corner of Section 16, T.3N., R.1E., B.M., the REAL
POINT OF BEGINNING of this descriotion;
Thence S 89029'19" E 1351.29 feet to the northeas~ corner of the NW % of the
NE Y4;
Thence S 00006'30" E 558.08 feet along the east line of the NW y.. of the NE Y. to
a point on the north boundary of Edgeview Estates No.1 Subdivision, filed in
Book 63 of Plats, at Page 6399, records of the Ada County Recorder's Office:
Thence along the north and west boundary of Edgeview Estates NO.1
Subdivision and along the west boundary of Edgeview Estates No.2 Subdivision.
filed in Book 65 of Plats. at Page 6704. records of the Ada County Recorder's
Office, the following courses and distances:
Thence N 82017'38" W 763 fest;
Thence N 79033'15" W 44948 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 15000 feet:
Thence S 33" 16'37" E 620.00 feet;
Thence S 30051'03" E 49300 feet;
Thence S 00"06'30" E 49351 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 8~:
9l:W6() I \louchJnark..;Jnx-<1c:s. doc
"r- ,- 'cc ''7:~,
EXHIBIT "A" - PAGE 1 OF 3
rPA_oo_nn4
:202JcS2?50
~cGE.02
.
.
Leaving the boundary of said Edgeview Estates No.2:
Thence CJntlnuing S 13'46'18" W 11818 feet to a pOint:
Thence S 12044'22" W 87,01 feet to a paInt on the south right of W2.y 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 Y.. of the SE X;
Thence N 00013'01" W 227.61 feet to the northwest corner of the SE X (the
center % corner) of Section 16;
Thence N 89023'35" W 625.37 feet along the south line of SE % of the NW y;. to a
point on the north right of way of Interstate 8A;
Thence N 85:>.:i4'30" W 723.14 feet alono said north riaht of way to a point on the
west line of the SE X of the NW %; - -,
Thence N 00021'56" W 1281 ,37 feet to the northwest corner of the S E j'4 of the
NW%;
Thence N 89026'11" W 338_32 feet along the south line of the NW Y.. of the NW
% to a point on the east boundary of Montvue Park, a subdivision, fiied in Book
"\7 of Plats. at Page 1107, records of the Ada County Recorders Office;
Thence N 00020'17" W 1327,17 feet along said east boundary to a point on the
north line of the NW % of the NW %;
Thence S 89028'47" E 337.68 feet to the northeast corner of the NW y~ of the NW
%;
Thence S 00021'56" E 496.26 feet along the east line of the NW Y.. of the NW %
to a pOint
Thence S 79029'58" E 11709 feet to a point:
Thence N 00021'56" W 516_55 feet to a point on the north line of the NE Y.. of the
NW%;
Thence S 89028'47" E 1003.89 feet along the north line of the NE j~ of the NW y.,
to a point;
Thence S 00013'01" E 922.87 feet to a pOint:
:Jl:\U(iO I \LOuchrnark-anx..;ies.doc
EXHIBIT "A" - PAGE 2 OF 3
nr7 '0:: 'C::C ''-:::::\'
f"'n ^ nn /1/1/1
:.20S3cS2::S8
::'CG~.g::::
.
.
/
Thence S 85031'47" E 23500 feet to a point on the east line of the NE y.. of the
NW "/..;
Thence N 00013'01" W 939 06 feet along the east line of the NE % of the NW Y.
to the REAL POINT OF BEGINNING of thIs deSCnDtlon:
Said parcel of land contaIns 163.288 acres, more or less
Michael E. Marks. PLS No. 4998
9806U I \touchmark-anx-des.doc
EXHIBIT "A" ~ PAGE 3 OF 3
rn t\ nn {\{\ A
TOTPL ~.04
1-l"'".:l.r"":rAr::.--~~""
.
.
CERTIFICATE OF CLERIC
OF
THE CITY OF MERIDIAN
A RESOLUTION FINDING THAT THE OWNER, WATERFORD
DEVELOPMENT AND CONSTRUCTION COMPANY, OF CERTAIN REAL
PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE AMENDMENT
OF THE MERIDIAN COMPREHENSIVE PLAN GENERALIZED LAND USE MAP
COMPONENT FOR THE DESIGNATION OF REAL PROPERTY THAT LIES
WITHIN THE IMPACT AREA OF THE CITY OF MERIDIAN FROM "SINGLE~
FAMILY RESIDENTIAL DESIGNATION TO A MIXED/PLANNED USE
DEVELOPMENT DESIGNATION" AND REPEALING ALL ORDINANCES,
RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH;
AND DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE
MAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN
GENERALIZED LAND USE MAP COMPONENT AND DIRECTING THE CITY
CLERIC TO NOTIFY AND PROVIDE A CERTIFIED COpy OF THE
RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS.
BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE
CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
Section 1. Findings:
1. The owner, Waterford Development and Construction Company, of the
following described property has made a written application for a real property
designation Comprehensive Plan Amendment to the Generalized Land Use Map
Component change from a Single Family Residential designation to a Mixed! Panned
Use Development designation.
2. The City of Meridian Planning and Zoning Commission and the City
Council having given notice and conducted all public hearings in accordance with
law, and having duly notified Ada County of said application and having received
their comments, and having issued its Findings of Fact and Conclusions of Law,
Decision and Order Granting the Application; and
3. The Real property which is the subject of this resolution is legally described
as follows:
See attached Exhibit "A" and stating: Description for Touchmark Annexation,
CPA-99-004 - PAGE 1 OF 2
.
.
October 19, 1999, submitted by Michael E. Marks, PLS No. 4998 of
Professional Land Surveyors.
Section 2. The above described real property be and the same is hereby re-
designated on the Comprehensive Generalized Land Use Map from Single Family
Residential to Mixed! Planned Use Development.
Section 3. The engineering staff of the Public Works Department shall
prepare the appropriate mapping changes of the official Comprehensive Plan
Generalized Land Use Map component in conformance with the provisions of the
Resolution.
Section 4. The City Clerk is to notify and provide a certified copy of the
resolution to the appropriate Ada County officials to notify them of the
comprehensive plan amendment.
Section 5. All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
Section 6. This ordinance shall be in full force and effect from and after its
passage, approval and publication, according to law.
William G. Berg, JI.
City Clerk
...
,...
STATE OF IDAHO, )
:ss:
County of Ada, )
'f"-
On this / 7 day of Y( ~h1b..u. , in the year 1999, before me,
JlAI'I,4 1). rJJ/pd~ , a Notary Public, appeared WILLIAM
.
G. BERG, JR., known or identified to me to be the City Clerk of the City of
Meridian,Idahft\. t executed the said instrument, and acknowledged to me that he
;...
executed ~..~nQ~ alf of the City of Meridian.
I'\./" 4 /) PI ~r1
{~I +O"tAk~ (.JAu~ IjJ. (Jb~
(SEALl · _.- c, .. = Notary Public for Idaho
'\.. \ PUB\..\: 0 I Commission Expires:)J..o...l.~ 01'
mSglz:\Wor~~~~~e~~~hmark Living Centers\CertofClk.CPA . .
.....;f l'B Of \ .........
if" ......
........,,'"
CP A.99~004 . PAGE 2 OF 2
.
.
DESCRIPTION FOR
TOUCHMARK ANNEXATION
October 19, 1999
A parcel of land lying in Section 16, Townsnio 3 North, Range 1 East. 80lse
Meridian, Ada County, Idaho, more particularlY described as follows:
Commencing at the north y., corner of Section 16, T.3N., R.1E_, 8.M., the REAL
POINT OF BEGINNING of this descriDtion;
Thence S 89"29'19" E 1351.29 feet to the northeast corner of the NW % of the
NE 314;
Thence S 00"06'30" E 558.08 feet along the east line of the NW y:. of the NE Y. to
a point on the north boundary of Edgeview Estates NO.1 Subdivision, filed in
Book 63 of Plats, at Page 6399, records of the Ada County Recorder's Office;
Thence along the north and west boundary of Edgeview Estates NO,1
Subdivision and along the west boundary of Edgeview Estates NO.2 Subdivision.
filed in Book 65 of Plats, at Page 6704, records of the Ada County Recorder's
Office, the following courses and distances
Thence N 82"17'38" W 763 fest;
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 22039'37" E 150,00 feet;
Thence S 33016'37" E 620_00 feet:
Thence S 30051'03" E 49300 feet;
Thence S 00"06'30" E 493,51 feet;
Thence S 13051'55" W 42651 feet:
Thence N 89023'43" W 3437 feet:
Thence S 13"46'18" W 21 dO feet to the southwesi corner of Edgevlew Estates
NO.2. said pOint being on the nor1h right of way of Inter-state 84:
91::\060 I \touchJm.rk....)nx.-des, doc
EXHIBIT "A" - PAGE 1 OF 3
-r- 1 C 'c:: : -;- : 211
roD ^ 00 (1(1 II
:2l3B:3<:52SS0
~cG:=:.'32
.
.
Leaving the boundary of said Edgeview Estates No 2:
Thence contInuing S 13046'18" W 118 18 feet to a pomt:
Thence S 12"44'22" W 87. 0 1 feet to a pOint on the south right of w;:,y of Interstate
84:
Thence N 89"43'22' W 1155.59 feet along the south nght of vvay of Interstate 64
to a point on the west line of the NW Y.. of the SE X;
Thence N 00" 13'0 1" W 227.61 feet to the northwest corner of the S E y.. (the
center 'y.. corner) of Section 16;
Thence N 89"23'35" W 625.37 feet along the south line of SE % of the NW y.. 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 W3Y to a point on the
west line of the SE % of the NW;I.;
Thence N 00"21 '56" W 1281.37 feet to the northwest corner of the SE X. of the
NWX;
Thence N 89026'11" W 338.32 feet along the south line of the NW % of the NW
% to a point on the east boundary of Montvue Park, a subdivision, filed in Book
17 of Plats, at Page 1107, records of the Ada County Recorder's Office;
Thence N 00020'17" W 1327.17 feet along said east boundary to a point on the
north line of the NW % of the NW %;
Thence S 89"28'47" E 337.68 feet to the northeast corner of the NW'/.. of the NW
Yo:
Thence S 00"21'56" E 496.26 feet along the east line of the NW % of the NW %
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 Y. of the
NW%;
Thence S 89"28'47" E 1003.89 feet along the north line of the NE Yo of the NW y..
to a point;
Thence S 00013'01" E 922.87 feet to a pOint:
nOGn I \[Ouch mJIk-an,,-des.doc
1~7 1C Ice ~7:~~
EXHIBIT "A" - PAGE 2 OF 3
rPA_QQJ)()4
~28=3cS2~S8
=cc;::: _ '2::::
,
/
.
.
Thence S 85"31'47" E 235,00 feet to a point on the east line of the NE % of the
NW%~
Thence NOD" 13'01" W S39, 06 feet along the east line of the NE '/.. of the NW '/.
to the REAL POINT OF BEGINNING of this descrJDtlon,
Said parcel of land contains 163.288 acres, more or less
Michael E, Marks, PlS No, 4998
n060 I \t.ouchmark-anx-des, doc
~r~ 1C Ice ~~:~~
EXHIBIT "A" - PAGE 3 OF 3
rp A-99-004
Ton::;l_ ='. 0'::
:=cG'O:,0';'
:'2ge:;~52~5a