Touchmark Living Center CUP-99-039BEFORE THE MERIDIAN CITY COUNCIL
04-10-00
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR PLANNED
UNIT DEVELOPMENT 1N AN L-
O ZONE
TOUCHMARK LIVING
CENTERS, INC./JOSEPH A.
BILLIG,
APPLICANT.
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Case No. CUP-99-039
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before
the City Council on April 4, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33
East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark, Assistant Planner for the
Planning and Zoning Department, appeared and testified, and appearing and testifying on
behalf of the Applicant was Bedcy 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 and the Recommendations to City Council issued
by the Planning and Zoning Commission who conducted a public hearing and the Council
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARi(
LIVING CENTERS, INC. (CUP-99-039) - 1
having heard and taken oral and written testimony, and having duly considered the
matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law
and Decision and Order to-wit:
FINDINGS OF FACT
1. A notice of a public heating on the conditional use permit was published for
two (2) consecutive weeks prior to the 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 boundaties 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 the 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, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, 1NC. (CUP-99-039) - 2
3. This proposed development request is in an (L-O), Limited Office District, by
reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was
required before the City Council on this application.
4. The property is located at the south side of Franklin Rd., between Eagle
Road and Cloverdale Road, Meridian, Idaho.
5. The owner of record of the subject property is Touchmark Living Centers,
Inc. of Beaverton Oregon.
6. Applicant is the owner of record.
7. The subject property was zoned R-3. The zoning district of R-3 is de£med
within the City of Meridian Zoning and Development Ordinance, Section 11-7-2B.
8. The proposed application requests a conditional use permit for a planned
unit development for a Mixed Use Retirement Community consisting of 250-300 units of
independent and assisted living, 450 units of residential including single-fancily, duplexes,
multi-family, and townhomes, medical office parks, commercial and retail businesses, and
a community senior health and fitness center. The L-O zoning designation within the City
of Meridian Zoning and Development Ordinance requires a conditional use permit be
obtained for most uses including those requested by the Applicant. (Meridian City Zoning
and Development Ordinance, Secrion 11-8-1).
9. The Meridian Planning and Zoning Conunission recognizes that the
proposed application is in compliance with the Meridian Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 3
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City
Code and all current zoning maps thereof and the Comprehensive Plan of the City of
Meridian, and Maps and the Ordinance establishing the Impact Area Boundary.
12. 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 and the following is also
found to be required to mitigate the effects of the proposed use and development upon
services delivered by political subdivisions providing services to the subject real property
within the planning jurisdiction of the City of Meridian:
Adopt the Recommendations of Planning and Zoning and Engineering staff as follows:
12.1 Any existing irrigation/drainage ditches crossing the property to be included
in this project, shall be tiled per City Ordinance. The ditches to be piped
should be shown on the site plans. Plans will need to be approved by the
appropriate irrigation/drainage district, 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.
12.2 Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance. Wells
may be used for non-domestic purposes such as landscape irrigation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 4
12.3
Off-street parMng shall be provided in accordance with City of Meridian
Zoning and Development Ordinance and/or as detailed in site-specific
requirements.
12.4
Paving and striping shall be in accordance with the standards set forth in the
City of Meridian Zoning and Development Ordinance and in accordance
with Americans with Disabilities Act (ADA) requirements.
12.5
A drainage plan designed by a State of Idaho licensed architect or engineer
is required and shall be submitted to the City Engineer for all off-street
parMng areas. All site drainage shall be contained and disposed of on-site.
12.6
Outside lighting shall be designed and placed so as not to direct illumination
on any nearby residential areas and in accordance with City Ordinance
Section.
12.7
Ail signage shall be in accordance with the standards set forth in the City of
Meridian Zoning and Development Ordinance. No temporary signage, flags,
banners or flashing signs will be permitted.
12.8 Provide five-foot-wide sidewalks in accordance with City Ordilmnce.
12.9 Ail construction shall conform to the requirements of the Americans with
Disabilities Act.
12.10 As part of a conditional use permit, the City of Meridian may impose
restrictions and conditions in addition to current City Ordinances.
12.11
This Conditional Use Permit is for the overall concept and phase one only.
Future phases of the project will require separate Conditional Use Pem~its
for each phase.
12.12
Conceptually (based upon the submitted Master Concept Plan dated
2/8/00), the project is in accord with the purpose of Planned Developments
as outlined in the Subdivision & Development Ordinance.
12.13
Number of Units: The proposed number of units must be verified by the
applicant and approved as part of the CUP. Applicant shall submit the
maximum number of dwelfing units and the number currently shown on the
concept plan for approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 5
12.14
Planned Development Regulations: As a mixed/planned use development,
the Touchmark development must comply with the following sections of the
subdivision ordinance: 12-6-4 Procedures for Planned Developments, 12-6-6
General Regulations for Planned Development, and 12-6-7 General
Standards for Planned Developments. In addition, residential areas must
comply with 12-6-8-A Design Standards for Planned
Development-Residential. All commercial and office uses must comply with
12-6-8-B Design Standards for Planned Development-Commercial.
12.15
Colored Rendering: The colored renderings submitted on 2/8/00 meet the
intent of Section 12-6-4 of the PD ordinance and will be used to regulate
future phases of the project.
12.16
Design Standards: Both the Comprehensive Plan (Housing chapter, pg. 68,
para. I. 18) and the Subdivision Ordinance (12-6-6-G) require that variations
pertaining to a PD's bonus density shall not exceed 25% of the existing
requirements. The submitted development standards matrLx for the cottage
homes in Phase 1 has been approved. Details shall be provided about the
height of the Care Center for approval with this application.
12.17
Homeowner's Assodation Covenants: Because the property will be owned
outright by Touchmark Living Centers and will not be platted, the PD
requirement to submit owners assodation bylaws shall be waived.
12.18
Open Space: All Planned Developments (PD) are required to have at least
10% of the gross land area of the PD as common open space as 12-6-7-E-5.
This requirement appears to be well exceeded. However, the actual
acreage/percentage should be submitted by the applicant as part of the
Conditional Use Permit. Standard practice has been that residential PD's
cannot count required buffers and landscape setbacks toward the 10% open
space requirement, but commercial PD's have been allowed to count it. The
Touchmark proiect is a mixture of both uses and should fall somewhere in
between.
12.19
Total site acreage for the Touchmark project is 134.2 acres. 10% would be
13.4 acres. The project includes 8.8 acres of developed park land (6.6%).
If the landscape buffers were included, 10.2 acres, it would be a total of
(I 4.2%). This does not indude the undevdoped grass areas surrounding the
Care Center. The concept plan is in compliance with the 10% rule. All open
space delineated as common open space must meet all standards of 12-6-7-E.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 6
12.20
Parking: Parking is proposed at .75 spaces per unit at the Continuing Care
Retirement Center. This parking will serve not only residents of the Care
Center, but also employees and visitors. This standard seems that it may be
too low. Phase one of the Care Center functions more like a boarding house
than a nursing home and many residents will still have cars, plus their
visitors, plus the employees. A minimum of one space per bed plus one
space per employee on the largest shift shall be required. Future phases may
obtain a reduced standard based on their use and projected parking needs.
Applicant shall increase the number of handicapped parking stalls beyond
the minimum for residents of the Care Center. The applicant shall verify the
number of parking stalls proposed and the extent of on-street parking used
in the calculation. All stalls are required to meet minimum dimensions as
required by City Ordinance.
12.21
Parking Lot Landscaping: All parldng areas within the development should
be required to provide landscape islands within the parking lot, with no
more than 12 parking spaces in a row without an island. Islands serving a
single row of parking shall have one tree. Islands serving a double row of
parking shall have two trees. A minimum of one 3" caliper tree per 1500
square feet of asphalt (including dtiveways connecting from the loop road)
is required per City Ordinance.
12.22
Streets and Circulation: The Concept Plan is based on a network of public
and private streets. ACHD has approved the concept network of streets, but
still has an outstanding issue with the gates. The applicant shall state their
intent regarding the gates' operation and the times they will remain open
and closed as part of this CUP. The Touchmark Development Agreement
with ACHD shall be a condition of the CUP.
12.23 Landscape Setbadcs: The following landscape buffers will be required:
* 50 feet minimum along 1-84 (will allow an 8' berm at 3:1 slope)
* 35 feet minimum along Frankiin 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).
Franldin Road and 1-84 are both designated in the Meridian Comprehensive
Plan as entryway corridors. Landscape setbadcs are encouraged for all
entryway corridors. The berm along 1-84 may exceed the 3:1 slope (up to
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 7
2:1) to achieve maximum height if no grass is planted on the berm that
would require mowing. The cottage homes along 1-84 should will be
required to measure their rear setbaclcs from the edge of the landscape
buffer.
The submitted landscape plan does not include a concept plan for the 35'
landscape setback along Franklin Road. Applicant shall submit a landscape
plan to be approved as part of the CUP. At a minimum, the construction of
the first 100 feet of landscaping on either side of the entry road be required
as part of Phase 1. The Applicant shall submit a list of typical tree species
to be used as part of the project.
12.24
Access: Consideration should be given to the need for public access by the
Montvue Subdivision residents to Franldin Road through the Touchmark
development. The proposed public street access stubbed to Montvue meets
this requirement. The applicant shall also dedicate unobstructed
right-of-way to the outparcel currently owned by Lyle Bait prior to applying
for a Certificate of Zoning Compliance.
12.25
Signage: The proposed entry signage concept shown on sheet 5 of the
2/8/00 submittal is recommended for approval. Signage details (size and
location) for any freestanding signs assodated with the Care Center must be
provided and approved as part of this application.
12.26
Storage Areas: Storage areas shall be provided for the anticipated needs of
boats, campers, motorhomes, and trailers. The proposed storage area (0.7
acres) for phase 1 has been approved, and this might be sufficient for all
phases, but additional storage may be required with future phases if the
demand for such space exceeds supply.
12.27
Maintenance Building: A maintenance building or approved area shall be
provided that is suitable for the services required for the repair and
maintenance of all common areas as per Section 9-607.H.3. The
maintenance facility shown on the proposed site plan dated 2/8/00 meets
this requirement.
12.28
Irrigation: Underground pressurized irrigation must be provided to all
landscape areas on site. Please submit hook-up and design details based on
the proposed landscaping. Due to the landscape area required, primary
water supply connection to the City's mains will not be allowed. Developer
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 8
shall be required to utilize any existing surface or well water for the primary
source. If City water is proposed as a secondary source, developer shall be
responsible to pay water assessments for the entire common open area.
12.29
Fences &Walls: No fencing details have been submitted for the boundaries
of the project. A fencing plan for boundaries of the project shall be
submitted for approval as part of this application. Fencing details are usually
submitted with the preliminary plat; however, this project is not going to be
platted. Fencing shall be designed considering public safety and aesthetics
that match the high quality of the development.
12.30
Tree-lined Streets: Staffsupports the Concept Plan's depiction of tree-lined
streets. This should be translated into a requirement for one 2" caliper
(min.) tree per 35 lineal feet of frontage along all Collectors and Residential
Collectors shown on the Concept Plan.
12.31 Cross Access Agreement: A cross-access agreement will be required to access
the development via St. Luke's private road network.
12.32 Phasing: If the project is to be phased in over time, a phasing plan must be
submitted and approved as part of this application.
12.33
Private Roads: The private road system must be approved by City Coundl.
The Meridian fire department should comment on the proposed street
widths and roundabouts. Planning and Zoning supports the proposed road
sections. Applicant shall submit a letter of approval from the Ada County
Street Naming Committee prior to applying for a Certificate of Zoning
Compliance.
12.34
Sidewall<s: As a senior community that has low traffic volumes and heavy
pedestrian use, the development will require significant pedestrian amenities.
The sidewalk details submitted are approved and required as part of this
application.
12.35 The proposed Planned Development design elements of detached garages,
shallower setbacks, and parlc~vays along the road system are approved.
12.36
Lot line adjustments required for the land swap with St. Luke's must be
completed through Ada County prior to finalization of the annexation and
zoning of the property into the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 9
12.37
12.38
12.39
12.40
12.41
12.42
12.43
12.44
Applicant must submit a lot plan designating lot and block numbers for the
purpose of traddng building permits, since the site will not be platted.
The City of Meridian was negotiating with the former owner of the property,
Ed Bews, to acquire the existing well located near the northwest collector
road. The City is still in need of additional water supply in this area and is
interested in wofldng with the applicant to utilize this well to supplement
the City's domestic system and to serve this proiect.
Sanitary sewer service to this site will be via extensions from existing mains
installed in adjacent streets or developments. Applicant shall be responsible
to construct the sewer mains to and through this proposed development.
Project designer to coordinate sizing and routing with the Public Works
Department.
Water service to this site will be via extensions of existing mains installed in
adjacent streets or developments. Applicant shall be responsible to construct
the water mains to and through this proposed development. Project designer
to coordinate main sizing and routing with the Public Works Department.
Flow and pressure from the existing mains should be monitored with the
Meridian Water Department to determine whether adequate fire protection
exists.
Water service to this development is contingent upon positive results from
a hydraulic analysis by our computer model.
Provide the Public Works Department with information on anticipated fire
flow and domestic water requirements for the proposed site.
Applicant shall be required to enter into an Assessment Agreement with the
City of Meridian for all commercial uses. An assessment agreement is a
vehicle that protects the City of Meridian and the Developer in the event
that estimated assessments are not in line with actual usages. The
agreement provides for reimbursement to the developer for over payment
of assessments, and payment to the City of Meridian of any shortfall in
assessments. The overpayment/shortfall is determined after adequate
historical usage.
Applicant shall coordinate locations and construction requirements of the
required trash enclosures with Meridian Sanitary Service, Inc., and provide
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - lO
a letter of approval from their office when applying for a Certificate of
Zoning Compliance.
12.45
All conditions placed on this application shall run with the land and shall
not lapse or be waived as the result of any change in tenancy or ownership
of any or all of the lands governed by this CUP application. All such
conditions shall be deemed the requirements for the issuance of a Certificate
of Occupancy for any use or structure as per City Ordinance.
12.46
Applicant shall utilize the Ada County Highway Districts design standards
for the private streets within this development, with the exception of width
requirements. Street designs shall be reviewed and approved by the City of
Meridian Public Works Department.
Additionally, the Planning and Zoning Commission recommended approval of the
developer's suggested conditions, attached as Exhibit "A" dated March 6 and March 9,
2000, letters; Phase I Office Park will not be approved as part of this Conditional Use
Permit, the road stub to Montview is not part of Phase I.
13. The proposed uses within the subject application will be harmonious
with and in accordance with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Ordinance because:
13.1 The subject property is designated on the "Generalized Land Use Map" as
"Mixed/Planned Use".
14. The uses proposed within the subject application subject to the conditions
herein ordered will be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance or intended character of the general vicinity and that such
uses will not change the intended essential character of the same area.
15. The uses proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 11
16. The uses proposed within the subject application will be served adequately
by central public facilities and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
17. The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
18. The development will not result in the destruction, loss or damage of natural
or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use PlanningAct of 1975" hereinafter referred to for convenience as the "Act"
codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council may exercise all the powers required and
authorized under the "Act" except the power to adopt ordinances by the establishment of
a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-
6504 which the City Council of the City of Meridian has established by the passage of the
"City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I,
Meridian City Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 12
3. As part of a zoning ordinance the City Council can, subject to hearing and
notice provision required, provide for the process of special and/or conditional use permits
which a proposed use is otherwise prohibited by the terms of the ordinance but allowed
with conditions under the specific provisions of the ordinance which the City of Meridian
has done in the adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the
same that the evidential showing supports the finding that the following standards are met
and that the proposed development: (Meridian City Code § 1 I-17-3)
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the Comprehensive Plan
and this Ordinance;
c. Will be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area;
d. Will not be hazardous or disturbing to existing or future neighboring uses;
e. Will be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment of proposed conditional use
shall be able to provide adequately any such services;
f. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-O39) - 13
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use permit in a Limited Office District (L-O),
a public hearing shall be conducted with notice to be published and provided to property
owners or purchasers of record within three hundred feet (300') of the external boundaries
of the land under consideration for the conditional use permit all in accordance with the
provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development
Ordinance, which provides as follows:
"Prior to approving a Conditional Use Peruxit, the applicant and the Commission
and Council shall follow notice and hearing procedures provided in Chapter 15 of
this Title. Provided, however, that conditional use applications for land in Old
Town and in industrial and commercial districts shall only be required to have one
public hearing which shall be held before the Planning and Zoning Commission;
and after the recommendation of the Commission is made, the application shall go
before the City Council without a public hearing and the Council may approve,
deny, or modify the recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City
Council with supportive reasons. The Commission shall recommend that the application
be approved, approved with conditions or deified. The Commission shall ensure that any
approval or approval with conditions of an application shall be in accordance with
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 14
Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and
Idaho State law. (Meridian City Code § 11-17-6)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and
the Comprehensive Plan of the City of Meridian, which was adopted December 2 I,
1993, Ord. 629, January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVEAND FOREGOING FINDINGS OF
FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this
does Order that:
I. That the above named applicant is granted a conditional use permit for the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMAKK
LIVING CENTERS, INC. (CUP-99-039) - 15
existing church facility with a new sanctuary addition and paved parking and landscaping,
subject to the following conditions of use and development:
1.1
Any existing irrigation/drainage ditches crossing the property to be included
in this project, shall be tiled per City Ordinance. The ditches to be piped
should be shown on the site plans. Plans will need to be approved by the
appropriate irrigation/drainage district, 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.
1.2
Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance. Wells
may be used for non-domestic purposes such as landscape irrigation.
1.3
Off-street parking shall be provided in accordance with City of Meridian
Zoning and Development Ordinance and/or as detailed in site-specific
requirements.
1.4
Paving and striping shall be in accordance with the standards set forth in the
City of Meridian Zoning and Development Ordinance and in accordance
with Americans with Disabilities Act (ADA) requirements.
1.5
A drainage plan designed by a State of Idaho licensed architect or engineer
is required and shall be submitted to the City Engineer for all off-street
parldng areas. All site drainage shall be contained and disposed of on-site.
1.6
Outside lighting shall be designed and placed so as not to direct illumination
on any nearby residential areas and in accordance with City Ordinance
Section.
1.7
All signage shall be in accordance with the standards set forth in the City of
Meridian Zoning and Development Ordinance. No temporary signage, flags,
banners or flashing signs will be permitted.
1.8 Provide five-foot-wide sidewalks in accordance with City Ordinance.
1.9 All construction shall conform to the requirements of the Americans with
Disabilities Act.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 16
1.10 As part of a conditional use permit, the City of Meridian may impose
restrictions and conditions in addition to current City Ordinances.
1.11
This Conditional Use Permit is for the overall concept and phase one only.
Future phases of the project will require separate Conditional Use Permits
for each phase.
1.12
Conceptually (based upon the submitted Master Concept Plan dated
2/8/00), the project is in accord with the purpose of Planned Developments
as outlined in the Subdivision & Development Ordinance.
1.13
Number of Units: The proposed number of units must be verified by the
applicant and approved as part of the CUP. Applicant shall submit the
maximum number of dwelling units and the number currently shown on the
concept plan for approval.
1.14
Planned Development Regulations: As a mixed/planned use development,
the Touchmark development must comply with the following sections of the
subdivision ordinance: 12-6-4 Procedures for Planned Developments, 12-6-6
General Regulations for Planned Development, and 12-6-7 General
Standards for Planned Developments. In addition, residential areas must
comply with 12-6-8-A Design Standards for Planned
Development-Residential. All commercial and office uses must comply with
12-6-8-B Design Standards for Planned Development-Conunercial.
1.15
Colored Rendering: The colored renderings submitted on 2/8/00 meet the
intent of Section 12-6-4 of the PD ordinance and will be used to regulate
future phases of the project.
1.16
Design Standards: Both the Comprehensive Plan (Housing chapter, pg. 68,
para. 1.18) and the Subdivision Ordinance (12-6-6-G) require that variations
pertaining to a PD's bonus density shall not exceed 25% of the existing
requirements. The submitted development standards matrix for the cottage
homes in Phase 1 has been approved. Details shall be provided about the
height of the Care Center for approval with this application.
1.17
Homeowner's Association Covenants: Because the property will be owned
outright by Touchmark Living Centers and will not be platted, the PD
requirement to submit owners association bylaws shall be waived.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ODER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 17
1.18
Open Space: All Planned Developments (PD) are required to have at least
10% of the gross land area of the PD as common open space as 12-6-7-E-5.
This requirement appears to be well exceeded. However, the actual
acreage/percentage should be submitted by the applicant as part of the
Conditional Use Permit. Standard practice has been that residential PD's
cannot count required buffers and landscape setbacks toward the 10% open
space requirement, but commercial PD's have been allowed to cotmt it. The
Touchmark project is a mixture of both uses and should fall somewhere in
between.
1.19
1.20
1.21
Total site aczeage for the Touchmark project is 134.2 acres. 10% would be
13.4 acres. The project includes 8.8 acres of developed park land (6.6%).
If the landscape buffers were included, 10.2 acres, it would be a total of
(14.2%). This does not include the undevdoped grass areas surrounding the
Care Center. The concept plan is in compliance with the 10% rule. All open
space delineated as common open space must meet all standards of 12-6-7-E.
Parking: Parldng is proposed at .75 spaces per unit at the Continuing Care
Retirement Center. This parking will serve not only residents of the Care
Center, but also employees and visitors. This standard seems that it may be
too low. Phase one of the Care Center functions more like a boarding house
than a nursing home and many residents will still have cars, plus their
visitors, plus the employees. A minimum of one space per bed plus one
space per employee on the largest shift shall be required. Future phases may
obtain a reduced standard based on their use and projected parMng needs.
Applicant shall increase the number of handicapped parking stalls beyond
the minimum for residents of the Care Center. The applicant shall verify the
number of parking stalls proposed and the extent of on-street parking used
in the calculation. All stalls are required to meet minimum dimensions as
required by City Ordinance.
Parldng Lot Landscaping: All parking areas within the development should
be required to provide landscape islands within the parking lot, with no
more than 12 parking spaces in a row without an island. Islands serving a
single row of parldng shall have one tree. Islands serving a double row of
parking shall have two trees. A minimum of one 3" caliper tree per 1500
square feet of asphalt (including driveways connecting from the loop road)
is required per City Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 18
1.22
Streets and Circulation: The Concept Plan is based on a network of public
and private streets. ACHD has approved the concept network of streets, but
still has an outstanding issue with the gates. The applicant shall state their
intent regarding the gates' operation and the times they will remain open
and dosed as part of this CUP. The Touchmark Development Agreement
with ACHD shall be a condition of the CUP.
1.23 Landscape Setbacks: The following landscape buffers will be required:
1.24
1.25
* 50 feet minimum along 1-84 (will allow an 8' berm at 3:1 slope)
* 35 feet minimum along Franldin Road beyond required tight-of-way
* 20 feet minimum adjacent to the Montvue Subdivision
* 10 feet minimum adjacent to Edgeview Estates Subdivision (beyond canal
easement).
Franklin Road and 1-84 are both designated in the Meridian Comprehensive
Plan as entryway corridors. Landscape setbaclcs are encouraged for all
entryway corridors. The berm along 1-84 may exceed the 3:1 slope (up to
2:1) to achieve maximum height if no grass is planted on the berm that
would require mowing. The cottage homes along 1-84 should will be
required to measure their rear setbacks from the edge of the landscape
buffer.
The submitted landscape plan does not include a concept plan for the 35'
landscape setback along Franklin Road. Applicant shall submit a landscape
plan to be approved as part of the CUP. At a minimum, the construction of
the first 100 feet of landscaping on either side of the entry road be required
as part of Phase 1. The Applicant shall submit a list of typical tree spedes
to be used as part of the proiect.
Access: Consideration should be given to the need for public access by the
Montvue Subdivision residents to Franklin Road through the Touchmark
development. The proposed public street access stubbed to Montvue meets
this requirement. The applicant shall also dedicate unobstructed
right-of-way to the outparcel currently owned by Lyle Bait prior to applying
for a Certificate of Zoning Compliance.
Signage: The proposed entry signage concept shown on sheet 5 of the
2/8/00 submittal is recommended for approval. Signage details (size and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 19
1.26
1.27
1.28
1.29
1.30
1.31
1.32
location) for any freestanding signs associated with the Care Center must be
provided and approved as part of this application.
Storage Areas: Storage areas shall be provided for the anticipated needs of
boats, campers, motorhomes, and trailers. The proposed storage area (0.7
acres) for phase 1 has been approved, and this might be sufficient for all
phases, but additional storage may be required with future phases if the
demand for such space exceeds supply.
Maintenance Building: A maintenance building or approved area shall be
provided that is suitable for the services required for the repair and
maintenance of all common areas as per Section 9-607.H.3. The
maintenance facility shown on the proposed site plan dated 2/8/00 meets
this requirement.
Irrigation: Underground pressurized irrigation must be provided to all
landscape areas on site. Please submit hook-up and design details based on
the proposed landscaping. Due to the landscape area required, primary
water supply connection to the City's mains will not be allowed. Developer
shall be required to utilize any existing surface or well water for the primary
source. If City water is proposed as a secondary source, developer shall be
responsible to pay water assessments for the entire common open area.
Fences &Walls: No fencing details have been submitted for the boundaries
of the project. A fencing plan for boundaries of the project shall be
submitted for approval as part of this application. Fencing details are usually
submitted with the preliminary plat; however, this project is not going to be
platted. Fencing shall be designed considering public safety and aesthetics
that match the high quality of the development.
Tree-lined Streets: Staff supports the Concept Plan's depiction of tree-lined
streets. This should be translated into a requirement for one 2" caliper
(min.) tree per 35 lineal feet of frontage along all Collectors and Residential
Collectors shown on the Concept Plan.
Cross Access Agreement: A cross-access agreement will be required to access
the development via St. Luke's private road network.
Phasing: If the project is to be phased in over time, a phasing plan must be
submitted and approved as part of this application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 20
.33
.34
1.35
1.36
.37
1.38
1.39
1.40
Private Roads: The private road system must be approved by City Council.
The Meridian fire department should comment on the proposed street
widths and roundabouts. Planning and Zoning supports the proposed road
sections. Applicant shall submit a letter of approval from the Ada County
Street Naming Committee prior to applying for a Certificate of Zoning
Compliance.
Sidewalks: As a senior community that has low traffic volumes and heavy
pedestrian use, the development will require significant pedestrian amenities.
The sidewalk details submitted are approved and required as part of this
application.
The proposed Planned Development design elements of detached garages,
shallower setbacks, and parlcways along the road system are approved.
Lot line adjustments required for the land swap with St. Luke's must be
completed through Ada County prior to finalization of the annexation and
zoning of the property into the City of Meridian.
Applicant must submit a lot plan designating lot and block numbers for the
purpose of tracking building permits, since the site will not be platted.
The City of Meridian was .negotiating with the former owner of the property,
Ed Bews, to acquire the existing well located near the northwest collector
road. The City is still in need of additional water supply in this area and is
interested in working with the applicant to utilize this well to supplement
the City's domestic system and to serve this project.
Sanitary sewer service to this site will be via extensions from existing mains
installed in adjacent streets or developments. Applicant shall be responsible
to construct the sewer mains to and through this proposed development.
Project designer to coordinate sizing and routing with the Public Works
Department.
Water service to this site will be via extensions of existing mains installed in
adjacent streets or developments. Applicant shall be responsible to construct
the water mains to and through this proposed development. Project designer
to coordinate main sizing and routing with the Public Works Department.
Flow and pressure from the existing mains should be monitored with the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 21
Meridian Water Department to determine whether adequate fire protection
exists.
1.41 Water service to this development is contingent upon positive results from
a hydraulic analysis by our computer model.
1.42 Provide the Public Works Department with infonxtation on anticipated fire
flow and domestic water requirements for the proposed site.
1.43
Applicant shall be required to enter into an Assessment Agreement with the
City of Meridian for all commercial uses. An assessment agreement is a
vehicle that protects the City of Meridian and the Developer in the event
that estimated assessments are not in line with actual usages. The
agreement provides for reimbursement to the developer for over payment
of assessments, and payment to the City of Meridian of any shortfall in
assessments. The overpayment/shortfall is determined after adequate
historical usage.
1.44
Applicant shall coordinate locations and construction requirements of the
required trash enclosures with Meridian Sanitary Service, Inc., and provide
a letter of approval from their office when applying for a Certificate of
Zoning Compliance.
1.45
All conditions placed on this application shall run with the land and shall
not lapse or be waived as the result of any change in tenancy or ownership
of any or all of the lands governed by this CUP application. All such
conditions shall be deemed the requirements for the issuance of a Certificate
of Occupancy for any use or structure as per City Ordinance.
1.46
Applicant shall utilize the Ada County Highway Districts design standards
for the private streets within this development, with the exception of width
requirements. Street designs shall be reviewed and approved by the City of
Meridian Public Works Department.
Additionally, the Harming and Zoning Commission recommended approval of the
developer's suggested conditions, attached as Exhibit "A" dated March 6 and March 9,
2000, letters; Phase I Office Park will not be approved as part of this Conditional Use
Permit, the road stub to Montview is not part of Phase I.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 22
2. The conditions shall be reviewable by the Commission pursuant to Meridian
City Code § 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional use
permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit in
accordance with this Decision, which shall be signed by the Mayor and City Clerk and
then a copy served by the Clerk upon the applicant, the Planning and Zoning
Department, the Public Works Department and any affected party requesting notice.
NOTICE O1: 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 conditional use permit 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 February 15, 2000.
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 23
COUNCILPERSON I(ZITH BIRD
VOTED
COUNCILMAN TAMMY deWEERD
VOTED_~
COUNCILMAN CHERIE McCANDLESS
VOTED
MAYOR ROBERT O. CORRIE (TIE BREAKER
DATED: ~'---[~--- ~) /
VOTED
MOTION:
APPROVE~
DISAPPROVED:
msg/Z:\WorkVvl~Meridian 15360M~Touchmark Living Centers\CUPFindings.wpd
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
nated:ff--/ff'~/~ ~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TOUCHMARK
LIVING CENTERS, INC. (CUP-99-039) - 24
Boise, idaho 83705 - 3142
Voice (208) 344-9700
Fax (2OB) 345-2950
E-mail briggs@micron.net
March 9, 2000
Steve Siddoway
Brace Fre,ckletun
City of Meridian
200 E. Carlton, Suite 100
Meridian, Idaho 83462
Touchmark Living Centers
(Response to StaffComments Dated February 29, 2000)
Dear SteveandBmce:
10.
L-O Zoning designation is acceptable.
See attached letter from Touchmark addressing the parking formulas. Parking stall
dimension~ will meet or exceed Meridian Stm'~dards.
A planting 1,ist with varieties and sizes has been added. Landscape notes addressing.parking
lot/tree calculations is delineated on Sheet 6. Sheet 2 provides for exterior landscaping
(Franklin and t-84 for phase 1).
A Design Standard Matrix was submitted.
The applicant understands that a Conditional Use permit Application will be required for
each phase.
The applicant will dedicate and construct public right-of-way to the east boundary of
Monrvue Subdivision.
The applicant will provide a cross access easement to the out parcel that fronts on Franklin
ingress and egress through the project roadway system.
Road. This will provide perpetual - ' for City review
A drainage plan for all private streets and parking areas w~ll be subrmtted
approval. . ·
Tanhde location of internal building identification s~gnage is delineated on Sheet 4.
External project signage elevations and specifications are delineated on Sheet 6.
Fencing locations, elevation and specifications are Iisted on Sheet 6.
A phasing plan can be found on Sheet 6.
The unit count and densities are addressed in the Touchmark letter dated March 6, 2000.
Lot and block numbers have been added to Sheet 4.
A copy of the phase 1 and overall site plan were sent to Skip at Meridian Fire Deparunent
for his review. EXHIBIT "A" 1 OF 4
98060 I\Meridian.ltr2
14.
16.
17.
I spoke with Kenny Bowers on March 7, 2000 about reviewing the site plan. We discussed
the gated concept, Mr. Bowers indicated opti-com _?ares would be preferred by the Fire
Deparauent-
The site plan was reviewed by Briggs Engineering staff for compliance with the Uniform
Fire Code. The rotaries depicted meet the smdards. All streets will be constructed to meet
Fire Department Requirements. It appears minor radius adjustments will be required for the
cottage cul-de-sacs to meet UFC.
Sewer, water, pressure irrigation, storm drainage and private street plans will be submitted
for Public Works review and approval.
A Property Line Ad.~ustment Survey will be submitted to Ada County and approved prior to
annexation.
Parking lot design will conform to the Standards of the Ordinance.
The height of the CCRC facility will not exceed 50 feet. (See Sheer 7)
The applicant will coordinate with ACFID, Meridian Public Works and Meridian Fire
Deptamtent concerning gate locations and design.
Sincerely,
BRiG ENG ERIN nc.
Land Use Planner
BLB:fc
EXHIBIT "A" 2 OF 4
9 g0601 \staff Response
Touchmark Development & Construction Co.
5150 SW Griffith Drive
Beaverton, Oregon 97005
503-646-5186, 503-644-3568 FAX
Transmittal __
Method: tax 2 pag~
Date: March 6, 2~00 208-887-1297
Steve siddoway
Bruce Frecl~eton
City of Meridian
Becky Bowcutt, Scott Willhite/DTJ
From: Joscph A. Biliig
Subject:
Project:
P&Z issues
Touchmark of the Tre~ure Vafley
Meridian, Idaho
Dear Steve/Bra:e
Thank you for ~he oppOrtunity to meet with you and review ;our comments. I want to clarify a couple of
issues that wer~ ralSexl at our m~mg.
Unit Count and Densities-
Cur~ntlv we are .~howing a rea~:~ 0£~'37-~75 single and multi family unit~ on our conceptual mnntcr
elan. T~c acma~ count on ~h= mam~r plan that we hmte subm~ed de$ignmas 343 units in the form of
· · ' · loaded reduces and multi family or town-home~. , .
duplexes, single fatally, all. y. .,,, I..p_~:.. of~.~ae oroduc~ This will allow us lo oevamp new
We requea a fippm. ~ .... .~'~'u~ruattea m the marl~'r
In thc CCRC, wc na~c u~,~,, -
~pmvM ~r 282 ~tm.
Paring co~__ , -- ~-~ ~,c~ ia usam a ferule of.7~ uni~ per spec= ~n it's communities to
Touc~k n~ ~n n~ ...... Wi~ a fi~ count of292 uuim in ~
pmvi~ ~e pm~g for it's ~id~, ~ff ~d visimm.
CCRC ~ would ~qu~ 2~ }.s~. In ~tma w~ ~p~t ~ ~11 tzme stuff ~f 150 at ~ll build out w~
55% m~um on a shi~ ~ ~d ~qm~ a ~g mqu~em~t of g2 um~ for s~, bringing o~
~id~m 299 spac~ m thc fo~ of om si~ ~d undar~ound
a nd :ami to 29~. Cu~a~ w~ ~c p~. ~:~ .... ;~ ~1 of ~ whc~ ~ ~sidca~ will not ~
driv~g. Av~ng ~ M~dlan mqui~mcnm of 1 ~ce p~ 5 uni~ for n~mg homes and I spec: p~
unit ~r ~g 2om~, we ~l o~ pmc6~ of .75 ~a~s p~ u~t ~ addldou ~ a I ~ ] stuff
mqui~mcnt will adequate~ cover o~ ~king n~ds.
EXHIBIT "A" 3 OF 4
F.O1
Tlmnk you again for thc opponuniv to rcvicw these point. Becky Bo~cum will ~ sttbmining o~
revised package on Thu~day Ma~h, 9, 2000. PI~ f~ frec to call mc at 503-~07~172 if you ~ave
~y quc$~o~ or
Jo~h A. Billig
De~i~ Sinai* M~r
To~hmark Livin~
MR-~-06-2000 08:0~
EX~-IIBIT"A" 4OF 4
BEFORE THE MERIDIAN CITY COUNCIL
04-10-00
IN THE MATTER OF THE APPLICATION OF )
TOUCHMARK LIVING CENTERS, INC. FOR A)
CONDITIONAL USE PERMIT FOR PLANNED )
UNIT DEVELOPMENT IN AN L-O ZONE, )
LOCATED AT SOUTH SIDE OF FRANKLIN )
ROAD, BETWEEN EAGLE ROAD AND )
CLOVERDALE ROAD, MERIDIAN, IDAHO )
)
)
CASE NO. CUP-99-039
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 18m day of April, 2000,
under the provisions of Meridian City Code § 11-17-4 for final action on conditional
use permit application and the Council haVing received and approVing the
Recommendation of the Planning and Zoning Commission the Council takes the
following action:
1. That the Applicant of the property is granted a conditional use permit for the
proposed application request of a conditional use permit for the construction,
development, maintenance and use a planned unit development for a Mixed Use
Retirement Community consisting of 250-300 units of independent and assisted
living, 450 units of residential including single-family, duplexes, multi-family, and
townhomes, medical office parks, conm~erCial and retail businesses, and a community
senior health and fitness center, as described in the MASTER CONCEPT PLAN,
Dated: 02/08/00, for the development of the aforementioned MLxed Use Retirement
Community and which property is described as:
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE I OF 13
TOUCHMARK LIVING CENTERS, 1NC. / CUP-99-039
TOUCHMARK ANNEXATION
A parcel of land lying in Section 16, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing ar the north 1/4 corner of Section 16, T.3N., R. 1E., B.M., the REAL
POINT OF BEGINNING of this description;
Thence S 89°29'19'' E 1351.29 feet to the northeast corner of the NW 1/4 of the NE
1/4;
Thence S 00o06'30'' E 558.08 feet along the east line of the NW 1/4 of the NE 1/4 to
a point on the north boundary of Edgeview Estates No. 1 Subdivision, filed in Book
63 of Plats, at Page 6399, records of the Ada County Recorder s Office
Thence along the north and west boundary of Edgeview Estates No. 1 Subdivision
and along the west boundary of Edgeview Estates No. 2 Subdivision, filed in Book 65
of Plats, at Page 6704, records of the Ada County Recorder's Office, the following
courses and distances:
Thence N 82017'38'' W 7.63 feet;
Thence N 79°33'15'' W 449.48 feet;
Thence S 80042'48'' W 116.19 feet;
Thence S 25035'37'' W 195.09 feet;
Thence S 22039'37'' E 150.00 feet;
Thence S 33°16'37'' E 620.00 feet;
Thence S 30°51'03" E 493.00 feet;
Thence S 00006'30'. E 493.51 feet;
Thence S 13°51'55" W 426.51 feet;
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 13
TOUCHMARK LWING CENTERS, INC. / CUP-99-039
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;
Leaving the boundary of said Edgeview Estates No. 2;
Thence continuing S 13°46'18'' W 118.18 feet to a point;
Thence S 12044'22'' W 87.01 feet to a point on the south right of way of Interstate
84;
Thence N 89043'22'' W 1155.59 feet along the south right of way of Interstate 84 to
a point on the west line of the NW 1/4 of the SE I/4;
Thence N 00°13'01'' W 227.61 feet to the northwest corner of the SE 1/4 (the center
1/4 corner) of Section 16;
Thence N 89°23'35" W 625.37 feet along the South line of SE 1/4 of the NW 1/4 to a
point on the north right of way of Interstate 84;
Thence N 85°44'30" W 723.14 feet along said north right of way to a point on the
west line of the SE 1/4 of the NW 1/4;
Thence N 00°21'56" W 1281.37 feet to the northwest corner of the SE 1/4 of the
NW 1/4;
Thence N 89°26'11" W 338.32 feet along the south line of the NW 1/4 of the NW
1/4 to a point on the east boundary of Montvue Park, a subdivision, filed in Book 17
of Plats, at Page 1107, records of the Ada County Recorder's Office;
Thence N 00°20'17'' W 1327.17 feet along said east boundary to a point on the
north line of the NW 1/4 of the NW 1/4;
Thence S 89028'47'' E 337.68 feet to the northeast corner of the NW 1/4 of the NW
1/4;
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 13
TOUCHMARK LIVING CENTERS, INC. / CUP-99-039
Thence S 00°21'56" E 496.26 feet along the east line of the NW 1/4 of the NW 1/4
to a point;
Thence S 79°29'58'~ E 117.09 feet to a point;
Thence N 00021'56'' W 516.55 feet to a point on the north line of the NE 1/4 of the
NW 1/4;
Thence S 89028'47'' E 1003.89 feet along the north line of the NE 1/4 of the NW 1/4
to a point;
Thence S 00°13'01'' E 922.87 feet to a point;
Thence S 85°31'47'' E 235.00 feet to a point on the east line of the NE 1/4 of the
NW 1/4;
Thence N 00°13'01'' W 939.06 feet along the east line of the NE 1/4 of the NW 1/4
to the REAL POINT OF BEGINNING of this description;
Said parcel of land contains 163.288 acres, more or less.
2. That the above named applicant is granted a conditional use pen-nit for the
Mixed Use Retirement Community, located at the south side of Frmff, lin Road;
between Eagle Road and Cloverdale Road, Meridian, Idaho, subject to the following
conditions of use and development:
2.1
Any existing irrigation/drainage ditches crossing the property to
be included in this project, shall be tiled per City Ordinance. The
ditches to be piped should be shown on the site plans. Plans will
need to be approved by the appropriate irrigation/drainage
district, with written confirmation of said approval submitted to
the Public Works Department. No variances have been requested
for tiling of any ditches crossing this project.
2.2
Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service per
City Ordinance. Wells may be used for non-domestic purposes
such as landscape irrigation.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 13
TOUCHMARK LIVING CENTERS, INC. / CUP-99-039
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
Off-street parldng shall be provided in accordance with 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 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
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.
All signage shall be in accordance with the standards set forth in
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.
All construction shall conform to the requirements of the
Americans with Disabilities Act.
As part of a conditional use permit, the City of Meridian may
impose restrictions and conditions in addition to current City
Ordinances.
This Conditional Use Permit is for the overall concept and phase
one only. Future phases of the project will require separate
Conditional Use Permits for each phase.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 13
TOUCHMARK LIVING CENTERS, INC. / CUP-99-039
2.12
2.13
2. i4
2.15
2.16
2.17
Conceptually (based upon the submitted Master Concept Plan
dated 2/8/00), the project is in accord with the purpose of
Planned Developments as outlined in the Subdivision &
Development Ordinance.
Number of Units: The proposed number of units must be
verified by the applicant and approved as part of the CUP.
Applicant shall submit the maximum number of d~velling units
and the number currently shown on the concept plan for
approval.
Planned Development Regulations: As a mixed/planned use
development, the Touchmark development nmst comply with the
following sections of the subdivision ordinance: 12-6-4
Procedures for Planned Developments, 12-6-6 General
Regulations for Planned Development, and 12-6-7 General
Standards for Planned Developments. In addition, residential
areas must comply with 12-6-8-A Design Standards for Planned
Development-Residential. All commercial and office uses must
comply with 12-6-8-B Design Standards for Planned
Development-Commercial.
Colored Rendering: The colored renderings submitted on 2/8/00
meet the intent of Section 12-6-4 of the PD ordinance and will be
used to regulate future phases of the project.
Design Standards: Both the Comprehensive Plan (Housing
chapter, pg. 68, para. 1.18) and the Subdivision Ordinance
(12-6-6-G) require that variations pertaining to a PD's bonus
density shall not exceed 25% of the existing requirements. The
submitted development standards matrix for the cottage homes in
Phase 1 has been approved. Details shall be provided about the
height of the Care Center for approval with this application.
Homeowner's Association Covenants: Because the property will
be owned outfight by Touchmark Living Centers and will not be
platted, the PD requirement to submit owners association bylaws
shall be waived.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 13
TOUCHMARK LIVING CENTERS, INC. / CUP-99-039
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2.19
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2.21
Open Space: Ail Planned Developments (PD) are required to
have at least 10% of the gross land area of the PD as common
open space as 12-6-7-E-5. This requirement appears to be well
exceeded. However, the actual acreage/percentage should be
submitted by the applicant as part of the Conditional Use Permit.
Standard practice has been that residential PD's cannot count
required buffers and landscape setbacks toward the 10% open
space requirement, but commercial PD's have been allowed to
count it. The Touchmark project is a mixture of both uses and
should fall somewhere in between.
Total site acreage for the Touchmark project is 134.2 acres. 10%
would be 13.4 acres. The project includes 8.8 acres of developed
park land (6.6%). If the landscape buffers were included, 10.2
acres, it would be a total of (14.2%). This does not include the
undeveloped grass areas surrounding the Care Center. The
concept plan is in compliance with the 10% rule. All open space
delineated as common open space must meet all standards of
12-6-7-E.
Parldng: Parking is proposed at .75 spaces per unit at the
Continuing Care Retirement Center. This parking will serve not
only residents of the Care Center, but also employees and
visitors. This standard seems that it may be too low. Phase one
of the Care Center functions more like a boarding house than a
nursing home and many residents will still have cars, plus their
visitors, plus the employees. A minimum of one space per bed
plus one space per employee on the largest shift shall be required.
Future phases may obtain a reduced standard based on their use
and projected parldng needs. Applicant shall increase the number
of handicapped parking stalls beyond the minimum for residents
of the Care Center. The applicant shall verify the number of
parking stalls proposed and the extent of on-street parking used
in the calculation. All stalls are required to meet minimum
dimensions as required by City Ordinance.
Parking Lot Landscaping: All parking areas within the
development should be required to provide landscape islands
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 7 OF 13
TOUCHMARK LIViNG CENTERS, iNC. / CUP-99-039
2.22
2,23
within the parking lot, with no more than 12 parking spaces in a
row without an island. Islands serving a single row of parking
shall have one tree. Islands serving a double row of parking shall
have two trees. A minimum of one 3" caliper tree per 1500
square feet of asphalt (including driveways connecting from the
loop road) is required per City Ordinance.
Streets and Circulation: The Concept Plan is based on a network
of public and private streets. ACHD has approved the concept
network of streets, but still has an outstanding issue ~vith the
gates. The applicant shall state their intent regarding the gates'
operation and the times they will remain open and dosed as part
of this CUP. The Touchmark Development Agreement with
ACHD shall be a condition of the CUP.
Landscape Setbacks: The following landscape buffers will 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).
Franldin Road and 1-84 are both designated in the Meridian
Comprehensive Plan as entryway corridors. Landscape setbacks
are encouraged for all entryway corridors. The berm along 1-84
may exceed the 3:1 slope (up to 2:1 ) to achieve maximum height
if no grass is planted on the berm that would require mowing.
The cottage homes along 1-84 should will be required to measure
their rear setbacks from the edge of the landscape buffer.
The submitted landscape plan does not include a concept plan for
the 35' landscape setback along Franldin Road. Applicant shall
submit a landscape plan to be approved as part of the CUP. At a
minimum, the construction of the first 100 feet of landscaping on
either side of the entry road be required as part of Phase 1. The
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 8 OF 13
TOUCHMARK LIVING CENTERS, INC. / CUP-99-039
2.24
2.25
2.26
2.27
2.28
Applicant shall submit a list of typical tree species to be used as
part of the project.
Access: Consideration should be given to the need for public
access by the Montvue Subdivision residents to Franldin Road
through the Touchmark development. The proposed public
street access stubbed to Montvue meets this requirement. The
applicant shall also dedicate unobstructed right-of-way to the
outparcel currently owned by Lyle Bait prior to applying for a
Certificate of Zoning Compliance.
Signage: The proposed entry signage concept shown on sheet 5
of the 2/8/00 submittal is recmxumended for approval. Signage
details (size and location) for any freestanding signs associated
with the Care Center must be provided and approved as part of
this application.
Storage Areas: Storage areas shall be provided for the anticipated
needs of boats, campers, motorhomes, and trailers. The proposed
storage area (0.7 acres) for phase 1 has been approved, and this
might be sufficient for all phases, but additional storage may be
required with future phases if the demand for such space exceeds
supply.
Maintenance Building: A maintenance building or approved area
shall be provided that is suitable for the services required for the
repair and maintenance of all common areas as per Section
9-607.H.3. The maintenance facility shown on the proposed site
plan dated 2/8/00 meets this requirement.
Irrigation: Underground pressurized irrigation must be provided
to all landscape areas on site. Please submit hook-up and design
details based on the proposed landscaping. Due to the landscape
area required, primary water supply connection to the City's
mains will not be allowed. Developer shall be required to utilize
any existing surface or well water for the primary source. If City
water is proposed as a secondary source, developer shall be
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 9 OF 13
TOUCHMARK LIVING CENTERS, INC. / CUP-99-039
2.29
2.30
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2.32
2.33
2.34
responsible to pay water assessments for the entire common open
area.
Fences & Walls: No fencing details have been submitted for the
boundaries of the project. A fencing plan for boundaries of the
project shall be submitted for approval as part of this application.
Fencing details are usually submitted with the preliminary plat;
however, this project is not going to be platted. Fencing shall be
designed considering public safety and aesthetics that match the
high quality of the development.
Tree-lined Streets: Staff supports the Concept Plan's depiction of
tree-lined streets. This should be translated into a requirement
for one 2" caliper (min.) tree per 35 lineal feet of frontage along
all Collectors and Residential Collectors shown on the Concept
Plan.
Cross Access Agreement: A cross-access agreement will be
required to access the development via St. Luke's private road
network.
Phasing: If the project is to be phased in over time, a phasing
plan must be submitted and approved as part of this application.
Private Roads: The private road system must be approved by City
Council. The Meridian fire department should comment on the
proposed street widths and roundabouts. Planning and Zoning
supports the proposed road sections. Applicant shall submit a
letter of approval from the Ada County Street Naming
Committee prior to applying for a Certificate of Zoning
Compliance.
Sidewalks: As a senior community that has low traffic volumes
and heavy pedestrian use, the development will require significant
pedestrian amenities. The sidewalk details submitted are
approved and required as part of this application.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 10 OF 13
TOUCHMARK LIVING CENTERS, INC. / CUP-99-039
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2.41
The proposed Planned Development design elements of detached
garages, shallower setbacks, and parkways along the road system
are approved.
Lot line adjustments required for the land swap with St. Luke's
must be completed through Ada County prior to finalization of
the annexation and zoning of the property into the City of
Meridian.
Applicant must submit a lot plan designating lot and block
numbers for the purpose of tracking building permits, since the
site will not be platted.
The City of Meridian was negotiating with the former owner of
the property, Ed Bews, to acquire the existing well located near
the northwest collector road. The City is still in need of
additional water supply in this area and is interested in working
with the applicant to utilize this well to supplement the City's
domestic system and to serve this project.
Sanitary sewer service to this site will be via extensions from
existing mains installed in adjacent streets or developments.
Applicant shall be responsible to construct the sewer mains to
and through this proposed development. Project designer to
coordinate sizing and routing with the Public Works Department.
Water service to this site will be via extensions of existing mains
installed in adjacent streets or developments. Applicant shall be
responsible to construct the water mains to and through this
proposed development. Project designer to coordinate main
sizing and routing with the Public Works Department. Flow and
pressure from the existing mains should be monitored with the
Meridian Water Department to determine whether adequate fire
protection exists.
Water service to this development is contingent upon positive
results from a hydraulic analysis by our computer model.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 11 OF 13
TOUCHMARK LIVING CENTERS, INC. / CUP-99-039
2.42
Provide the Public WorLs Department with information on
anticipated fire flow and domestic water requirements for the
proposed site.
2.43
Applicant shall be required to enter into an Assessment
Agreement with the City of Meridian for all commercial uses.
An assessment agreement is a vehicle that protects the City of
Meridian and the Developer in the event that estimated
assessments are not in line w/th actual usages. The agreement
provides for reimbursement to the developer for over payment of
assessments, and payment to the City of Meridian of any
shortfall in assessments. The overpayment/shortfall is determined
after adequate historical usage.
2.44
Applicant shall coordinate locations and constrnction
requirements of the required trash enclosures with Meridian
Sanitary Service, Inc., and provide a letter of approval from their
office when applying for a Certificate of Zoning Compliance.
2.45
All conditions placed on this application shall run with the land
and shall not lapse or be waived as the result of any change in
tenancy or ownership of any or all of the lands governed by this
CUP application. All such conditions shall be deemed the
requirements for the issuance of a Certificate of Occupancy for
any use or structure as per City Ordinance.
2.46
Applicant shall utilize the Ada County Highway Districts design
standards for the private streets within this development, with
the exception of width requirements. Street designs shall be
reviewed and approved by the City of Meridian Public Works
Department.
Additionally, the Planning and Zoning Commission recommended approval of the
developer's suggested conditions, attached as Exhibit "A' dated March 6 and March
9, 2000, letters; Phase I Office Park will not be approved as part of this Conditional
Use Permit, the road stub to Montview is not part of Phase I.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 12 OF 13
TOUCHMARK LIVING CENTERS, INC. / CUP-99-039
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional
use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of Meridian City Code § 11-17-8, a copy of
which is attached to this permit.
By action of the City Council at its regular meeting held on the
day
~/~bert iS. Corri~,, M~yor City of Meridian
"C~t~' Clerk ' ' // r
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
Dated:
msg/Z:\WorkLMLMeridian 15360M~Touchmark Living Centers\CUPOrder
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 13 OF 13
TOUCHMARK LIVING CENTERS, INC. / CUP-99-039