Touchmark Living Centers AZ 99-021BEFORE 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 Hawkins-
Clark, Assistant Planner in the Planning and Zoning Department, appeared and
testified, and appearing and testifying on behalf of the Applicant was Becky Bowcutt,
Bernie Neal, and Steve Bradbury, and appearing and testifying in opposition or with
comments or concerns were: Richard Willis, Glenn Griffith, Natalie Fuss, Trisha
Griffith, Forrest Kerns, Jeff Fuss, Wesley Hoalst, John McCreedy, and Chuck
Gearsdorf, and the City Council having duly considered the evidence and the record
in this matter therefore makes the following Findings of Fact and Conclusions of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY TOUCHMARK
LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-002 I)
Law, and Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive 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 external boundaries of the property under
consideration more than fifteen (15) days prior to said hearing and with the notice of
public hearing having been posted upon the property under consideration more than
one week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the City Council at the April 4, 2000, public
hearing; and the applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-651 l, and Meridian City Code §§ 11-15-5
and !1-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Titles ! 1 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 l, 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 appIication 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-99-0021)
Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the following
manner: as a Mixed Use Retirement Community.
13. The Applicant requests zoning of the subject real property as L-O which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as Mixed Planned Use Development.
14. There are no significant or scenic features of major importance that
affect the consideration of this application.
15. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Recommendations of Planning and Zoning and Engineering staff as
follows:
15. IThe 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-99-0021 )
and Conclusions of Law with a favorable recommendation for the
applicant's Comprehensive Plan Amendment request to change the land
use designation to Mixed/Planned Use Development at their meeting of
11/3/99. The requested L-O zone would be compatible with this land
use designation.
15.4
As required in the Comprehensive Plan for Mixed/Planned Use
Development areas, any future development on this parcel will be
required to follow the Conditional Use process.
15.5 The following landscape buffers shall be required:
50 feet minimum along 1-84 (will allow an 8' berm at 3:1 slope)
35 feet minimum along Franldin Road beyond required right-of-way
20 feet minimum adjacent to the Montvue Subdivision
10 feet minimum adjacent to Edgeview Estates Subdivision (beyond
canal easement).
15.6 A Development Agreement is required as a condition of annexation.
15.7
Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance 11-9-605.M.
The ditches to be piped should be shown on the site plans. Plans will
need to be approved by the appropriate irrigation/diainage 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 I 1-2-
414 of the City of Meridian Zoning and Development Ordinance and/or
as detailed in site-specific requirements.
15.10 Paving and striping shall be in accordance with the standards set forth
in Sections 11-2-414.D.4. and 1 I-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)
15.11
15.12
15.13
15.14
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.
All signage shall be in accordance with the standards set forth in Section
11-2-415 of the City of Meridian Zoning and Development Ordinance.
No temporary signage, flags, banners or flashing signs will be permitted.
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 Rrm-off is not to create a mosquito breeding problem.
15.18
Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
15.19
The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY 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:
i9.1
The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such as the
subject application.
19.2
This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
19.3 The application is consistent with Meridian's self identity.
19.4
The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to the
subject application.
19.5
Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
dearly identifiable.
19.6 Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND 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
1. The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may
annex real property that is within the Meridian Urban Service Planning Area as set
forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and Statte.
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:
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-99-0021)
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
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.
To ensure that growth and development occur in an
orderly fashio~ 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.
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.
To provide housing opportunities for all economic groups
within the community.
To preserve and improve the character'and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
To encourage cultural educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to insure that these facilities are
available to all residents of the City.
To provide community services to fit existing and projected
needs.
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
1.8U
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 neighbothood'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.
1.20UEncourage proper design of residential neighborhoods to ensure their
safety and tranquility.
Open Space, Parks and Recreation
2.5U New subdivision development...will be considered as opportunities
to...encourage the development of recreational open spaces and parks as
part of new planned developments.
Housing
1.1 The City of Meridian intends to provide for a wide diversity of housing
types. An a variety of locations suitable for residential development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY TOUCHMARK
LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-0021 )
1.4
The development of housing for all income groups doses to employment
and shopping centers shall be encouraged.
1.6
Housing proposals shall be phased with transportation, open space and
public service and facility plans, which will maximize benefits to the
residents, minimize conflicts and provide a tie-in between new
residential areas and service needs.
1.19
High-density development, where possible, should be located near open
space corridors or other permanent major open space and park facilities,
and near major access thoroughfares.
Communi .ty 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. i 1UPromote well-planned and well-designated affordable housing in all
Meridian neighborhoods.
5. The requested zoning of Limited Office District, (L-O) is
defined in the Zoning Ordinance at 11-7-2 G as follows:
(L-O) Limited Office District: The purpose of the L-O District is to permit
the establishment of groupings of professional, research, executive,
administrative, accounting, clerical, stenographic, public service and similar
uses. Research uses shall not involve heavy testing operations of any kind or
product manufacturing of such a nature to create noise, vibration or emissions
of a nature offensive to the overall purpose of this District. The L-O District is
designed to act as a buffer between other more intense nonresidential uses and
high density residential uses, and is thus a transitional use. Connection to the
Municipal water and sewer system of the City is a requirement in this District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY TOUCHMARK
LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-0021)
6. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is not required for Applicant to construct and develop a Mixed
Use Retirement Community on this parcel of land.
7. Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burr 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 TOUCHMARK
LIVING CENTERS -JOSEPH A. BILLIG (AZ-99-0021)
commitment is binding on the owner of the property even if it is unrecorded;
however, an unrecorded commitment is binding on subsequent owners and
each other person acquiring an interest in the property only if the subsequent
owner and each other person acquiring an interest in the property has actual
notice of the commitment.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
1. The applicant's request for annexation and zoning of approximately
157.876 acres to Limited Office District (L-O) is granted subject to the terms and
conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 157.876 acres. The
legal description shall be prepared by a Registered Land Surveyor, Licensed by the
State of Idaho, and shall conform to all the provisions of the City of Meridian
Resolution No. 158. The legal description for annexation must place this parcel
contiguous to the Corporate City Limits per Ordinance No. 686.
3. Applicant enter into a Development Agreement, and such Development
Agreement shall also include and contain the conditions of and for the real property
which provides in the event the conditions therein are not met by the Applicant that
the property shall be subject to re-zone and/or de-annexation, with the City of
Meridian, which provides for the following conditions of use and development to-wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY TOUCHMARK
LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-002 I)
3.1
The legal description submitted for the property is correct and places
the parcels contiguous to existing city limits at St. Luke's Meridian
Medical Center, 1-84, and a portion of Franldin Rd.
3.2
The proposed L-O zone for the project is acceptable. Planned Unit
Development-General, General Planned Residential uses, and Planned
Commercial Development are all conditional uses in the L-O zone.
3.3
An initial review of these parcels in regard to the current Comprehensive
Plan Update process was made. City Council ordered Findings of Fact
and Conclusions of Law with a favorable recommendation for the
applicant's Comprehensive Plan Amendment request to change the land
use designation to Mixed/Planned Use Development at their meeting of
11/3/99. The requested L-O zone would be compatible with this land
use designation.
3.4
As required in the Comprehensive Plan for Mixed/Planned Use
Development areas, any future development on this parcel will be
required to follow the Conditional Use process.
3.5 The following landscape buffers shall be required:
50 feet minimum along 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).
3.6 A Development Agreement is required as a condition of annexation.
3.7
Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance 11-9-605.M.
The ditches to be piped should be shown on the site plans. Plans will
need to be approved by the appropriate irrigation/drainage district, or
lateral users association, with written confirmation of said approval
submitted to the Public Worlcs 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-99-0021)
3.9
3.10
3.11
3.12
3.13
3.14
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 ~vith 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 parldng 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 1 I-2-414.D.3.
All signage shall be in accordance with the standards set forth in Section
11-2 -415 of the City of Meridian Zoning and Development Ordinance.
No temporary signage, flags, banners or flashing signs will be permitted.
Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 1 i-9-606.B.
3.15 All construction shall conform to the requirements of the Americans
with Disabilities Act.
3.16
3.17
3.18
The Applicant's central sewage and central water plans must be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
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 - JOSEPH A. BILLIG (AZ-99-0021 )
to the subsurface to prevent impact to groundwater and surface water
quality.
3.19 The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
4. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real
property which is the subject of the application to (L-O) Limited Office District,
Meridian City Code § 11-7-2 G.
5. Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided
in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation
and zoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY TOUCHMARK
LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-0021 )
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning and who may within twenty-eight (28) days
after the date of this decision and order seek a judicial review as provided by Chapter
52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the /~
day of ~ ,2000.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED
COUNCILMAN KEITH BIRD
COUNCILMAN TAMMY deWEERD
COUNCILMAN CHERIE McCANDLESS
VOTED
VOTED_~
VOTED__~a.--'
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: a~L --//~5 ~0~9
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-99-002 l)
MOTION:
APPROVED:
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
B ~ City Clerk
msg/Z:\WorkgALMexidian 15360Ivl~Touchmark Living CentersV~ZFfCIsOrder
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY TOUCHMARK
LIVING CENTERS - JOSEPH A. BILLIG (AZ-99-0021)