Touchmark Living Centers AZ 99-021This sheet has been added to document
to accommodate recording information.
DEVELOPMENT AGREEMENT- TOUCHMARK OF THE TREASURE
VALLEY, L.L.C. (MAY 1, 200~)
DEVELOPMENTAGREEMENT
04-10-00
Revised 01/23/01
PARTIES: 1.
2.
City of Meridian
Touchmark of the Treasure Valley, L.L.C., and Oregon limited liability
company
.~,_~IS DEVELO.pMENT AGREEMENT (this "Agreement"), is made and entered into
this__/___~__ day of__/~__ xa~___, 2001, by an.d. be~,een CITY OF MERIDIAN, a municipal
corporation of the State of Icr~ho, 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.
1. RECITALS:
1.1
1.2
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
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, "Develgper"/"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 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 _~__~__ 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 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 ro 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.
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:
/DO) Limited Office District, The purpose of the L-O District is ro 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.
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 construct,'on and development o£a continuing care retirement
community comprised o£250 to $00 units o/independent and asMsted livin~
450 units o/resldential including single £amilD duplexes, muln'-£amily and
toumhomes, medical o//ice parle& commercial and retail businesses, and a
community senior heal& 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 1-84 (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 approged~ 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 11-2415
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
he Apphcant 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:
17
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 toand 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 he Ctty Engineer s ~nspect~ons 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 eveloper/Owner shall have thirty (30) days after delivery of notice of said
breach to correct the same prior to the on-breaching party s seeking of any remedy
DEVELOPMENT AGREEMENT - (AZ-99-002I) - 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 deveIopment; 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:
DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Touchmark of the Treasure Valley, L.L.C, an
Oregon limited liability company
5150 SW Griffith Drive
Beaverton, Oregon 97005
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
17.1 A party shall have the right to change its address by delivering to the other party a
written notification thereof in accordance with the requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's 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 defauk, 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.
DEVELOPER/OWNER
Touchmark of the Treasure Valley, L.L.C,
an Oregon limited liability company
ATTEST:
BY RESOLUTION NO.
CITY ~//RIDIAN
~ RESOLUTION NO:,- ......
DEVELOPMENT AGREEMENT - (AZ-99-0021) - 10
STATE OF OREGON )
J ,,.,~g~;~,~ OFFICIAL SEAL
~ CHRISTINE N, BRAVO
~q~,,/,,~ NOTARY PUBLIC-OREGON
%,~. COMMISSION NO. 328652
MY COi~..MISSION E)~IRES OC~ 31,
On this ~'b'l' 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 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 i$~_ day of Oqo~ ,2001.
(SEAL)
STATE OF IDAHO )
County of Ada )
Notary Public: _~____.~______~fl,~__._&~
My Commission expires:_/0/at/7_o_~:>_ ....
:ss
On this [ ~ day of ~ , in the year 2001, before me, a Notary
Public, personal~y ~ffr~-Robert D. Co~-~d ~/illiam O. 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_:~ ~?_,,of_____Lt~ ............. 2001.
(SEAL) 2~g.?,'~aT~,~',,~Z,' Nora. Public for Id~o. ~~
m~XW°~kXM XMedd~M~ian~360~TS~k Li~
DEVELOPMENT AGREEMENT - (AZ-99-0021 ) - I 1
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 ¼ corner of Section 16, T.3N., R.1E., B.M., thence S
00°13'01'' E 40.00 feet along the west line of the NE ¼ 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 ¼ of the NE ¼ of said Section 16;
Thence S 00°06'30" E 518.08 feet along the east line of the NW ¼ of the NE ¼ 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 80042'48'' 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'&7" E 620.00 feet;
Thence S 30°51'03" E 493.00 feet;
Thence S 00°06'30'' E 493.51 feet;
Thence S 13°51'55" W 426.51 feet;
Thence N 89023'43'' W 34.37 feet;
Thence S 13°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 \touchmark.des.rev
Thence N 89°43'13" 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 ¼ of said
Section 16;
Thence N 89023'43'' W 673.14 feet along said south line to the southeast corner of the
NW ¼ (the center ¼ corner) of said Section 16;
Thence N 89°23'35" W 625.37 feet along the south line of the SE ¼ of the NW ¼ 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;
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 ¼ of the NW ¼;
Thence S 00°21'56" E 456.25 feet along the east line of the NW ¼ of the NW ¼ 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 ¼ of the NW ¼;
Thence N 00°13'01" W 899.06 feet along the east line of the NE ¼ of the NW ¼ to the
REAL POINT OF BEGINNING of this description;
Said parcel of land contains 135.12 acres, more or less.
980601 \touchraark. des.rev
EXHIBIT B
.AZ-99-002 !
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT - (AZ-99-0021) - 14
BEFORE THE MERIDIAN CITY COUNCIL
04-06-00
IN THE MATTER OF THE )
APPLICATION OF )
TOUCHMARK LIVING )
CENTERS - JOSEPH A. BILLIG, )
THE APPLICATION FOR )
ANNEXATION AND ZONING )
OF 157.876 ACRES FOR )
TOUCHMARK LMNG )
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 Hawlcins-
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 concems 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
I. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weelcs 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 extemal 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 §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5
and 11-I6-i.
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 ZONING/BY TOUCHMARK
LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-0021)
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian
adopted December 2 I, 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 1-84.
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 ZONING/BY TOUCHMARK
LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-002 l)
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, 1-84, 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 ZONING/BY TOUCHMARK
LIVING CENTERS -JOSEPH A. BILLIG (AZ-99-002 I)
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 1-84 (will allow an 8' berm at 3: I slope)
35 feet minimum along Franklin Road beyond required right-of-way
20 feet minimum adjacent to the Montvue Subdivision
i0 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 1 I-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/dfainage 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. I 0 Paving and striping shall be in accordance with the standards set forth
in Sections I 1-2-414.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 ZONING/BY 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
I 1-2-415 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 &
Welfare, Divisi°n 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 ZONINC_dBY TOUCHMARK
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
19.4
19.5
19.6
The application is consistent with Meridian's self identity.
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.
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.
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 ZONING/BY 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
i. 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 ex~sting 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 ZONING/BY TOUCHMARK
LIVING CENTERS -JOSEPH A. BILLIG (AZ-99-002 I)
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 £ffl 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 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, 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
1.4U
1.SU
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.
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 ZONING/BY TOUCHMARK
LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-0021)
2.1U
2.2U
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.
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
6.8U
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.
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, Parlcs and Recreation
2.5U New subdivision development...will be considered as opportunities
to...encourage the development of recreational open spaces and parks as
part of new planned developments.
Housing
1. I 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
LMNG CENTERS - JOSEPH A. BILLIG (AZ-99-0021 )
1.4
1.6
The development of housing for all income groups closes to employment
and shopping centers shall be encouraged.
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 designation that reflect the character of existing
neighborhoods.
6.11U 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 1 I-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 TOUCHMARK
LIVING CENTERS - IOSEPH 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 P2d 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 ZONING/BY TOUCHMAKK
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:
I. The applicant's request for annexation and zoning of approximately
157.876 acres to Limited Office District (L-O) is granted subiect 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
3.2
3.3
3.4
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, 1-84, and a portion of Franklin Rd.
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.
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.
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 shall be required:
3.6
3.7
50 feet minimum along 1-84 (will allow an 8' berm at 3: I 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).
A Development Agreement is required as a condition of annexation.
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 ZONING/BY TOUCHMARK
LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-002 l)
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
3.18
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.
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.
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.
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.
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.
Ail 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.
Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 1 I-9-606.B.
Ail construction shall conform to the requirements of the Americans
with Disabilities Act.
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 O2mlity.
Run-off is not to create a mosquito breeding problem.
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 - IOSEPH 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 ZONING/BY TOUCHMAKK
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.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED
COUNCILMAN KEITH BIRD
COUNCILMAN TAMMY deWEERD
COUNCILMAN CHERIE McCANDLESS
VOTED ~'~
VOTED__~
VOTED_~a--~
MAYOR ROBERT D. CORRIE (TIE BREAI(.ER)
DATED:~~9
VOTED
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.
ov
City Clerk ~ ~~, ~_ ~ ~,,.~'~
_=
msg/Z:\WorkXlVrkMeridian 15360IvrxTouchmark Living CenterskAZFfCl$Order
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY TOUCHMARK
LWING CENTERS - JOSEPH A. BILLIG (AZ-99-002 !)