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Application
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To ensure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission please submit your comments and recommendations to cityclerk@meridiancity.org To: Attention C.Jay Coles, City Clerk By: June 15, 2018 Cit y Clerk ’s Office 33 E. Broadwa y Avenue, Meridian, ID 83642 Phone 208-888-4433 Fax 208-888-4218 cityclerk@meridiancity.org www.m eridiancity.org Transmittal Date: 5-18-2018 File No: H-2018-0046 AZ Hearing Date: June 21, 2018 REQUEST: An Annexation and Zoning of 0.36 Of an Acre of Land from the RUT to the C-G Zoning District For Sodalicious By: 10th & Fairview Location of Property or Project: 1035 E Fairview Avenue Planning and Zoning Commission Meridian School District Tammy de Weerd, Mayor Meridian Post Office City Council Ada County Highway District Sanitary Services Ada County Development Services Building Department Central District Health Fire Department COMPASS Police Department Nampa Meridian Irrigation District City Attorney Settlers Irrigation District City Public Works Idaho Power Company City Planner Century Link Parks Department Intermountain Gas Co. Economic Development Idaho Transportation Department New York Irrigation District Ada County Associate Land Records Boise Project Board of Cont rol – Tim Paige Downtown Projects Community Development Meridian Development Corporation Valley Transit Historical Preservation Commission South of RR/SW Meridian NW Pipeline Boise-Kuna Irrigation District Hearing Date: June 21, 2018 File No.: H-2018-0046 Project Name: Sodalicious Request: Annexation & zoning of 0.36 of an acre of land from the RUT to the C-G zoning district, by 10 th & Fairview . Location: The site is located at 1035 E. Fairview Ave., in the NE ¼ of Section 7, Township 3N., Range 1E. E IDIAN =-- Planning Division DEVELOPMENT REVIEW APPLICATION STAFF USE ONLY: Sodom i c iav S �1 �� Project name: /035 Z. Fir✓r cw /^FtJZ. File number(s): %i- 7-01T- D0*D Assigned Planner: �oT Al1Gh Related files: Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Planned Unit Development ❑ Administrative Design Review ❑ Preliminary Plat ❑ Alternative Compliance ❑ Private Street 10 Annexation and Zoning ❑ Property Boundary Adjustment certificate of Zoning Compliance ❑ Rezone ❑ City Council Review ❑ Short Plat ❑ Comprehensive Plan Map Amendment ❑ Time Extension: ❑ Comprehensive Plan Text Amendment Director/ Commission/Council (circle one) ❑ Conditional Use Permit ❑ UDC Text Amendment ❑ Conditional Use Modification ❑ Vacation: Director/Commission (circle one) Director/ Council (circle one) ❑ Development Agreement Modification ❑ Variance ❑ Final Plat ❑ Other ❑ Final Plat Modification Applicant Information Applicant name: 10th & Fairview, LLC Phone: (208) 921-5934 Applicant address: 435 E Shore Drive STE 210 Email: blakehansenRalturas.corn City: Eagle State: ID Zip: 83616 Applicant's interest in property: ® Own ❑ Rent ❑ Optioned ❑ Other Owner name: 10th & Fairview, LLC Phone: (_208) 921-5934 Owner address: 435E Shore Drive STE 210 Email: blakehansen0alturas.com City: Wigle State: ID Zip: 93616 Agent/Contact name (e.g., architect, engineer, developer, representative): Hethe Clark Firm name: Spink Butler, LLP Phone: (208) 388-3327 Agent address: 251 F. Front Street, STE 9,001 PO BoXf 339_ Email: hdarkea soinkbutler.com City: Boise State: ID Zip: 83701 Primary contact is: ❑ Applicant ❑ Owner 12 Agent/Contact Subject Property Information Location/street address: 1035 E Fairview Avenue Township, range, section: 3N, 1E, S7 Assessor's parcel number(s): S1107120677 Total acreage: 0.252_ Zoning district: C2 Community Development r Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 %vww.meridiancitv.org(planning - I - (Rev. 06/12/2014) Project/subdivision name: N/A General description of proposed project/request: Existing restaurant with drive-through approved in Ada Proposed zoning district(s): C -G Acres of each zone proposed: All in C -G Type of use proposed (check all that apply): ❑ Residential ❑ Office ® Commercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? ,INLA ("a)m,;IUM gsn used for landscaping.) Which irrigation district does this property lie within? Nampa & Meridian Irrigation District Primary irrigation source: City water Secondary: N/A Square footage of landscaped areas to be irrigated (if Primary or secondary point of connection is City water): 2.508 SF Residential Project Summary (if applicable) Not applicable. Number of residential units: Number of building lots: Number of common lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3 bedrooms: Minimum square footage of structure (excl. garage): Minimum property size (s.f): _ Gross density (Per UDC 11-1A-1): 4 or more bedrooms: Maximum building height: Average property size (s.f.): Net density (Per UDC 11-1A-]): Acreage of qualified open space: Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): Amenities provided with this development (if applicable): _ Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Duplex ❑ Multi -family ❑ Vertically Integrated Non-residential Project Summary (if applicable) ❑ Single-family Attached ❑ Townhouse ❑ Other Number of building lots: Common lots: Other lots: Gross floor area proposed: Existing (if applicable):1 existing building, 984 sq. ft. Hours of operation (days and hours): 7:30AM-10:00PM M -Th Building height: 20 ft. 7 30AM-11:00 F -Sat Total number of parking spaces provided: 5 Number of compact spaces provided: Authorization Print applicant name: Applicant signature: Date: Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/nlannina -2- (Rev. 0611212014) CI MBUTLER-A Z�P�N K ATTORNEYS _. LAW Via Electronic Submission April 23, 2018 City of Meridian Planning Division C. Caleb Hood 33 E. Broadway, Suite 102 Meridian, ID 83642 T. HETHE CLARK 208.388.3327 }[CLARK@SPINK©[ 1TL.ER.COM Re: 101h & Fairview LLC Application -1035 E. Fairview, Meridian, Idaho SM Matter No. 23260.13 Dear Mr. Hood: 10th & Fairview, LLC (the "Applicant") is pleased to provide you with the enclosed annexation application for the property located at 1035 E. Fairview and legally described on the attached Exhibit A (the "Property"). As you know, the Property is a long-time enclave of Ada County that has only recently received access to sewer. As a result of discussions with Council that occurred last fall in connection with that certain Agreement for Extension of Domestic Sewer Service Outside Meridian City Limits: 1035 E. Fairview (the "Sewer Agreement"), the Property has now received sewer access and is host to a functioning and vibrant tenant, Sodalicious. We appreciate Council's work with the Applicant to make that happen. This annexation is the culmination and final step required pursuant to the Sewer Agreement. We will submit for CZC upon approval. Submitted Information As required by the City of Meridian's Annexation/Rezone checklist, the following are exhibits to and made a part of this Application: Exhibit A: Annexation/Rezone Application Checklist and Development Review Application Exhibit B: Legal Description of the Property Exhibit C: Recorded Deed Exhibit D: Affidavit of Legal Interest Exhibit E: Scaled Vicinity Map MICHAEL T. SPINK JOANN C. BUTLER T. HETHE CLARK GEOFFREY M. WARDLE TARA MARTENS MILLER MATTHEW J. MCGEE 251 E FRONT ST • SUITE 200 • PO BOX 639 • BOISE, IDAHO 83701 • 208,388.1000 • FAX 208.388.1001 • SPIN KBUTLER.COM Apri123, 2018 City of Meridian Planning Division C. Caleb Hood Page 2 Exhibit F: Pre -Application Meeting Notes Exhibit G: Neighborhood Meeting Sign -In Exhibit H: Commitment of Property Posting_ Exhibit 1: Parcel Verification Exhibit j: Plans and Development Plan Exhibit K: Agreement for Extension of Domestic Sewer Service Outside Meridian City Limits: 1035 E. Fairview Ave. (with amendments) Exhibit L: Ada County Master Site Plan Approval (201701971 -MSP) Applicable Standards This annexation is the culmination of the Sewer Agreement. Annexation is requested pursuant to Section 11-513-3 of Meridian City Code and Idaho Code Section 50-222. The proposed zoning is C -G, which is consistent with area properties. The Property meets all applicable dimensional standards for the proposed district. As noted, the Property includes an existing building with drive-through that has been properly permitted in Ada County. Master Site Plan approval was granted on November 2, 2017 and is attached as Exhibit K. Discussion The Property was designed to "thread the needle' between Meridian City and Ada County standards. In connection with this process, a site plan was reviewed by Meridian City Staff prior to submission to Ada County. This site plan was included as an exhibit to the Sewer Agreement, which states, "development of the Subject Property in general accordance with the site plan attached hereto as Exhibit shall be acceptable." (Para. II.C). One item that was discussed at length during the meetings was the video billboard on the Property. The billboard was entitled in the County as an allowed use and constitutes a significant portion of the value of the Property. We appreciated Council's consideration in this regard, which is memorialized in Section ILE of the Sewer Agreement and allows the sign to come into the City as a nonconforming use subject to current Meridian City Code standards. One item that may require discussion as this application moves to hearing is the requirement of a development agreement. Section 11-513-3.D.2 indicates the City "may require" a development agreement in connection with an annexation application. The Sewer Agreement contains similar language in Section II.D. While the Applicant is not opposed to a development agreement in principle, we suggest a development agreement in this case is not necessary. With this application, all requirements of the Sewer Agreement are satisfied. The annexation should be a clean exercise as there are no conditions of the annexation that would create the need for the possibility of a reversion of zoning in order to protect the City. In addition, the Sewer Agreement is recorded and includes language indicating it runs with the land. The considerations identified in the Sewer Agreement remain binding on both parties. April 23, 2018 City of Meridian Planning Division C. Caleb Hood Page 3 The pre -application notes identify one additional issue. Per the pre -application notes, a reciprocal cross -access easement will be required. As discussed with staff at the time, while the applicant is not opposed to cross -access in general, the location of the drive aisle on the property to the east would direct traffic essentially at the base of the video billboard discussed above. The applicant is not opposed to cross -access in the event the video billboard is ever voluntarily removed by the applicant and would be willing to sign an easement along those lues. However, cross -access while the video billboard is in place would defeat the purpose of the negotiations that occurred last fall between the applicant and City Council and the ultimate compromise represented by the Sewer Agreement. Conclusion We appreciate the City's efforts in connection with this Property. The City's efforts last fall allowed a very popular business to get underway on a previously underutilized site. It was a great collaboration between the private sector and City government. We look forward to continuing that relationship into the future. Very truly yours, T. Hethe Clark THC: g Attachments C, Devon Morris Travis Barney Jeff Likes IDAHO 1450 East Watertower St. Suite 130 SURVEY Meridian, Idaho 83642 IiG GROUP Phone (208) 846-8570 Fax (208) 884-5399 1035 E. Fairview Avenue Annexation Description March 12, 2018 A parcel of land situated in the Northwest 1/4 of the Northeast 1/4 of Section 7, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the North 1/4 corner of said Section 7 from which the Northeast corner of said Section 7 bears, South 89°28'06" East, 2,641.02 feet; Thence along the North boundary of said Section 7, South 89°28'06" East, 833.00 feet to the POINT OF BEGINNING; Thence leaving said North boundary, North 00°34'58" East, 15.98 feet to the centerline of E. Fairview Ave as shown on the official plat of U.S. 30 -Project No. F-3281(5) Highway Survey on file in the office of the Department of Highways of the State of Idaho; Thence along said centerline, 85.01 feet Easterly along the arc of a curve to the right having a radius of 57,295.80 feet, a central angle of 00°05'06", and a long chord which bears North 89°54'00" East, 85.01 feet; Thence leaving said centerline, South 00°34'58" West, 186.92 feet; Thence North 89°28'06" West, 85.00 feet; Thence North 00°34'58" East, 170.00 feet to the POINT OF BEGINNING. Said parcel contains 15,849 square feet or 0.36 acres, more or less. This description was prepared using record data as shown on Record of Survey No. 481, recorded as Instrument No. 8334545, records of Ada County, Idaho and was not verified with a survey on the ground by Idaho Survey Group, LLC. End of Description. r�- Page 1 of 1 M JN\"6fi 1/U 79 `s!� 1/ 1� 779 5 20 80 0 10 40 SCALE: 1 " = 40' BASIS OF BEARING -S89°28'06"E 2641,02'• E. FAIRVIEW AVE (U.S. HWY 30) N1/4 Cl -- -- 6 NO'34'58"E _ 15.98' _ 833.0 _0' --- •P, O.B. 85.00' --- I --- I I N RADIUS I� O O I (00 OI C1 Ld 85.01 W0 Do 0'05'06" � Dol tnl IO �I Icn O z I I I I I 615 1723.02' 7 8 NLLANA GENS �\4 t I I I 117%7 9 N89'28'06"W 85.00' t' 1/ /$P�p YM MCC I EXHIBIT DRAWING FOR 1035 E. FAIRVIEW AVE. - ANNEXATION CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA C1 57295.80 85.01 85.01 N89'54'00"E 0'05'06" IDAHO 1450 E. WATERTOWER ST. SUITE 130 SURVEY MERIDIAN, IDAHO 83642 (208) 846-8570 GROUP, LLC LOCATED IN THE NW 1/4 OF THE NE 1/4 OF SECTION 7, T.3N., RJE., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 13-059 SHEET NO. 1 3/12/2018 AFTER RECORDING MAIL TO: 10th & Fairview, LLC 435 E Shore Drive, Ste. 210 Eagle, ID 83616 ADA COUNTY RECORDER Christopher D. Rich 2016-017090 BOISE IDAHO Pgs=2 LISA BATT 03/01/2016 01:40 PM FIRST AMERICAN TITLE / EAGLE $13.00 ELECTRONICALLY RECORED • DO NOT RECORDING REQUESTED BY REMOVE THE COUNTY STAMPED FIRST FIRSTTIAj MECOMMTITLE ON COMPANY PAGE AS IT IS NOW INCORPORATED AS NLY PART OFTHE ORIGINAL DOCUMENT QUITCLAIM DEED Date: February 08, 2016 For Value Received, Alturas Properties, LLC, do(es) hereby convey, release, remise, and forever quit claim unto 10th & Fairview, LLC, whose address is 435 E Shore -Drive, Ste. 210, Eagle, ID 83616, the following described premises in Ada County, Idaho, to -wit: LEGAL DESCRIPTION: Real property in the County of Ada, State of Idaho, described as follows: PARCEL I: A portion of the Northwest quarter of the Northeast quarter of Section 7, Township 3 North, Range 1 East, Boise -Meridian, Ada County, Idaho, more particularly described as follows: Beginning 918 feet East of the Northwest corner of the Northeast quarter of said Section 7; thence South at right angles 170 feet; thence West at right angles 85 feet; thence North at right angles 170 feet; thence East along the North line of said subdivision 85 feet to the POINT OF BEGINNING. EXCEPTING therefrom the following described portion: A strip of land lying situate between the North line of the Northwest quarter of the Northeast quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, and a line parallel to and 50.0 feet distant Southerly from the following described center line of highway as surveyed and shown on the official plat of U.S. 30 -Project No. F-3281 (5) Highway Survey on file in the office of the Department of Highways of the State of Idaho and lying in a portion of the Northwest quarter of the Northeast quarter of Section 7, Township 3 North, Range 1 East, Boise -Meridian. Beginning at Station 53+62.0 of the said Highway Survey, which station is a point on curve approximately 17.0 feet North and 833.0 feet East of the North quarter corner of Section 7, Township 3 North, Range 1 East, Boise -Meridian; thence Page 1 of 2 Quitclaim Deed - continued Date: 02/08/2016 85.0 feet with a 0006' curve right, said curve having a central angle of 1015' to Station 54+47.0, which station is a point on curve approximately 17.0 feet North and 918.0 feet East from North quarter corner of said Section 7, as Modified by Agreement No. 482727, Official Records. FURTHER EXCEPTING therefrom that certain property conveyed to Ada County Highway District by Warranty Deed, recorded January 13, 1999, as Instrument No. 99003650, Records of Ada County, Idaho. PARCEL II: Lot 6 in Block 4 of Bryon Addition, according to the plat thereof, filed in Book 1 of Plats at Page 26, Records of Ada County, Idaho. APN: RI132250190 together with their appurtenances. Dated: - 20 Alturas Properties, LLC BY: Alturas Capital, LLC By: _ Blake Hansen Manager STATE OF Idaho ) ss. COUNTY OF Ada ) On this 'ZI -f-- day of February, 2016, before me, a Notary Public in and for said State, personally appeared Blake Hansen, known or identified to me to be the Manager of Alturas Capital, LLC, a limited liability company which is the Manager of the Alturas Properties, LLC, limited liability company, and subscribed said Limited Liability Company's name to the foregoing instrument and acknowledged to me that such limited company executed same in said limited liability company's name. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. P�c1EY Cq� i,� UO '�•ti S� i Notary Public4f,4te o aho Residing at: Boise, ID My Commission Expires. -W2-9{ ±T --d/ 1 i$ Page 2 of 2 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA I, Blake Hansen 435 E. Shore Drive Suite 210 (name) (address) Eagle Idaho (city) (state) being first duly sworn upon, oath, depose and say: That I am the Manager of 10th & Fairview, LLC, the record owner of the property described on the attached, and I grant my permission to: Hethe Clark, Spink Butler, LLP, PO Box 639 Boise ID 83701 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated thisday of March , 2018 ( ignatnre) SUBSCRIBED AND SWORN to before me the day and year first above written. �,•� P 1N /l1 •.,� T , �`,•' NOTARY :(x: (Notary Public for Idaho) Residing at: SZ4LD 4��� U�- C' ,�. J, •��� 13 L1 ,� '•,,�y •••...••vQ`� o My Commission Expires: OF Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.orj*lanning 4) `) I Q 4) (13 LL W Ln M O r-1 OL ro G, 7 T U C Q a --J m JJ E L o E Z) u L O 0-0 4 -- a) -- N � N Q1 4d (0 N O 4� N +, mA r C o 4' u 4+ 4� fa O N c O N "O O M L O a-1 a) (6 LALA E o a) Q ..0 Q E 0 0� QC) 0 Q -� o co Q r-I� N •— r -I r-1 N J 00 Ln N r -I r -I Z LL � W r -i L.0 0 m 0 M Kt F\7 W y� W W a N LAKES PL C Q a --J m JJ E L o E Z) u L O 0-0 4 -- a) -- N � N Q1 4d (0 N O 4� N +, mA r C o 4' u 4+ 4� fa O N c O N "O O M L O a-1 a) (6 LALA E o a) Q ..0 Q E 0 0� QC) 0 Q -� o co Q r-I� N •— r -I r-1 N CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES Project/Subdivision Name: Sodalicious Date: 4/5/18 Applicant(s)/Contact(s): Hethe Clark Devin Morris City Staff: Sonya Bill Location: 1035 E. Fairview Ave. Size of Property: 0.25 Comprehensive Plan FLUM Designation: Commercial Existing Use: Drive-through restaurant Existing Zoning: County Proposed Use: Drive-thru restaurant (no change in use use approved in County) Proposed Zoning: CC -G Surrounding Uses: Vehicle sales (west south & east) Street Buffer(s) and/or Land Use Buffer(s): 25' buffer required along Fairview, landscaped in accord with standards in UDC 11 -3B -7C Open Space/Amenities/Pathways: NA Access/Stub Streets: A cross access easement exists to this property from the property to the east; provide a reciprocal easement Waterways/ Floodplain/Topography/Hazards: NA History: Property was provided with City sewer service per 2017 agreement (#2017-095482 amended #2018-001828) which requires annexation in to the City' was already receiving City water service. Existing billboard on site discussed previously by Council and addressed in current agreement Additional Meeting Notes: ■ Annexation & zoning with C -G district; comply with the dimensional standards listed in UDC 11-2B-3 for the district ■ Per the services agreement referenced above the billboard is allowed to remain on the site as a non -conforming use and a CUP is not required for the drive-thru use. ■ A development agreement will likely be required to memorialize the terms of annexation and any other provisions associated with the annexation. ■ Submit documentation from Ada County approving the existing use including occupancy. ■ Sewer assessment fees need to paid (if they've haven't already been) Note: A Traffic Impact Study (TIS) will be required by ACHD for large commercial projects and any residential development with over 100 units. To avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application to the City. Not having ACHD comments and/or conditions on large projects may delay hearing(s) at the City. Please contact Mindy Wallace at 387- 6178 or Christy Little at 387-6144 at ACHD for information in regard to a TIS, conditions, impact fees and process. Other Agencies/Departments to Contact: ❑ Ada County Highway Dist. (ACHD) ❑ Nampa Meridian Irrigation Dist. (NMID) ❑ Public Works Department ❑ Idaho Transportation Dept. (ITD) ❑ Settler's Irrigation District ❑ Building Department ❑ Republic Services ❑ Police Department ❑ Parks Department, Kim ❑ Central District Health Department ❑ Fire Department ❑ Other: Application(s) Required: ❑ Administrative Design Review ❑ Conditional Use Permit Mod ification/Transfer ❑ Rezone ❑ Alternative Compliance ❑ Development Agreement Modification ❑ Short Plat X Annexation ❑ Final Plat ❑ Time Extension - Council ❑ City Council Review ❑ Final Plat Modification ❑ UDC Text Amendment ❑ Comprehensive Plan Amendment - Map ❑ Planned Unit Development ❑ Vacation ❑ Comprehensive Plan Amendment - Text ❑ Preliminary Plat ❑ Variance ❑ Conditional Use Permit ❑ Private Street ❑ Other Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre -application meeting shall be valid for four (4) months. ru M '0 0 0 a) Ln 4--1 0 April 9, 2018 DEAR NEIGHBOR, You are cordially invited to attend an informational neighborhood meeting regarding a proposed annexation in your area. Hethe Clark, representative for the applicant, will be at the meeting to address your questions for the applicant, 10th & Fairview, LLC. DEVELOPMENT DESCRIPTION: The applicant will be submitting an application to the City of Meridian for annexation of the property located at 1035 E. Fairview Avenue, Meridian, Idaho. The current use of the property as a Sodalicious drive-through will not change. To bring the property into the City of Meridian, an annexation and zoning application will be required. This meeting is an opportunity to review and discuss the application with neighbors and neighborhood association representatives. DEVELOPMENT LOCATION: 1035 E. Fairview Avenue is located on Fairview between N. Lakes Place and N. Jericho Road. APPLICANT: 10th & Fairview, LLC in care of: Hethe Clark PO Box 639 Boise, Idaho 83701 Telephone: (208) 388-3327 Email: hclarkQspinkbutler.com MEETING DATE & TIME: Monday Date: April 16, 2018 Time: 6:OOPM — 7:OOPM MEETING LOCATION: Meridian City Hall, Conference Room A 33 E. Broadway Avenue Meridian, Idaho 83642 We look forward to seeing you at the meeting. TAM MARO MICHELE REV TRUST 5/11/2007 TAMMARO MICHELE TRUSTEE 202 LOWER RIVER RD HERON MT 59844-0000 BANNERBANK PO BOX 907 WALLA WALLA WA 99362-0265 10TH & FAIRVIEW LLC 435 E SHORE DR STE 210 EAGLE ID 83616-0000 TOUCHSTONE TDHERON LLC 3464 W FIENO DR EAGLE ID 83616-0000 MERIDIAN PROPERTY GROUP LLC 10221 W FAIRVIEW AVE BOISE ID 83704-0000 LU LLC 13148 W SCOTFIELD ST BOISE ID 83713-0000 FAIRVIEW LAKES LLC 929 S CAPITOLA WAY BOISE ID 83712-0000 COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC I1 -5A-5. �-52 '/ : 3 fp) Applicant/agent signature Cate Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.or�/planninu, C� (EPIDIAM�, Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 Community Development 208.887.2211 Department Address/Parcel Verification Date: 11/30/17 The address and parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: Sodalicious (Proposed Tenant) — Annexation/Rezone Address: 1035 E. Fairview Ave. Parcel Number: 51107120677 (.252 Acres) T/R/S Property Owner: 3N 1E 07 10th & Fairview LLC 435 E. Shore Dr., #210 Eagle, ID 83616 Address Verification Rev: 04/23/12 6OLEB 01M0[ 35108 3Atl hl IAHI A 3 SEOI GA4U OC[2ll� MIIA'dIVA 3 S£0T gm J :U -D M4 b� _-�°a8aobot6" o§mmoso�Eg=y"` - S - no ops°s° "MI ok ` a Eu as -p! _ <a_no3��—aiEa<— Wvm u>eU $aai > 'eon__ i�o E d o �N H " _ 1SE mugaau°aha pia o 5,2x- 9 R _x g9R L o E W "ook�9 azo si �mg§� yJr F d 5vW ME Q a Z 9 F G °o 0m�00 d f o E W "ook�9 azo si �mg§� yJr F d 5vW ME IN __,3 mini]9 q _ 103roud \\§( ) d page 1 DESCRIPTION The Impact Elite family of wall luminaires is the ideal complement to site design. Incorporating modular LightSquares technology, the Impact Elite luminaire provides outstanding uniformity and energy -conscious illumination. Combined with a rugged construction, the Impact Elite luminaire is the ideal facade and security luminaire for zones surrounding schools, office complexes, apartments and recreational facilities. UL/cUL listed for wet locations. 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DIMENSIONS Cylinder Electrical LED drivers mount to die-cast aluminum back housing for McGraw -Edison Mounting Gasketed and zinc plated rigid steel mounting attachment fits directly optimal heat sinking, operation to 4" j -box or wall with the Impact efficacy, and prolonged life. Elite "Hook -N -Lock" mechanism Standard drivers feature electronic for quick installation. Secured with universal voltage (120-277V 50/60Hz), 347V 60Hz or 480V 60Hz operation, greater than 0.9 power factor, less than 20% harmonic distortion, and are suitable for operation in -40°C to 40*C ambient environments. All fixtures are shipped standard with 10kW10kA common - and differential - mode surge protection. LightSquares feature an IP66 enclosure rating and maintain greater than 90% lumen maintenance at 60,000 hours per IESNA TM -21. Emergency egress options for -20°C ambient environments and occupancy sensor available. Quarter Sphere two captive corrosion resistant black oxide coated alien head set screws concealed but accessible from bottom of fixture. Finish Cast components finished in a five -stage super TGIC polyester powder coat paint, 2.5 mil nominal thickness for superior protection against fade and wear. Standard colors include black, bronze, grey, white, dark platinum and graphite metallic. RAL and custom color matches available. Consult the McGraw -Edison Architectural Colors brochure for the complete selection. Warranty Five-year warranty. I 9.., 7„ [229mml [,117 18" 1457mml 9" 1229mmll 18" 1457mm1� `-9" [229mmIJ Trapezoid 7" [178mml L-16-1/2" [419mm1I `--9" [229mm]—t HOOK -N -LOCK MOUNTING Pmvedng Business Waddvide Wedge r 6" [2.3m ml 1 �16-1/2" [419mm1I L8-1/4" 1210mm1� -www.designlights.org WLl Iscnssnsrnsw IMPACT ELITE LED 1 LightSquare Solid State LED WALL MOUNT LUMINAIRE CERTIFICATION DATA UL/cUL Listed LM79 / LM80 Compliant IP66 LightSquare DesignLights Consortium° Qualified* ISO 9001 ENERGY DATA Electronic LED Driver >0.9 Power Factor <20% Total Harmonic Distortion 120-277W50 & 60Hz, 347V/60Hz, 480V/60Hz -40°C Minimum Temperature 40°C Ambient Temperature Rating SHIPPING DATA Approximate Net Weight: 18 lbs. (8 kgs.) yys hY �/ TD514030EN °Ee-T August 22, 2017 8:54 AM page 2 POWER AND LUMENS ISC/ISS/IST/ISW IMPACT ELITE LED 1 LightSquare (AF) Ambient Cylinder (ISC) and Quarter Sphere (ISS) 50000 60000 Trapezoid (IST) and Wedge (ISW) Theoretical Drive Current(mA) 350 450 600 800 1000 1200 350 450 600 800 1000 1200 Power (Watts) 120-277V 20.3 25.5 33.4 43.9 55.1 66.2 20.3 25.5 33.4 43.9 55.1 66.2 '120V: 0.17 0.22 0.29 0.38 0.48 0.56 0.17 0.22 0.29 0.38 0.48 0.56 Current (A) 277V 0.09 0.10 0.13 0.17 0.21 0.25 0.09 0.10 0.13 0.17 0.21 0.25 Power (Watts) 347V or 480V 23.3 28.7 36.6 49.5 60.7 70.1 23.3 28.7 36.6 49.5 60.7 70.1 347V 0.07 0.08 0.11 0.15 0.18 0.21 0.07 0.08 0.11 0.15 0.18 0.21 Current (A) 480V 0.05 0.06 0.08 0.11 0.13 0.16 0.05 0.06 0.08 0.11 0.13 0.16 Optics Lumens 2,336 2,934 3,827 4,791 5,663 6,444 2,498 3,136 4,091 5,122 6,054 6,889 T2 BUG Rating 81 -U0 -G1 61 -U0 -G1 61 -U0 -G1 81 -U0 -G1 B1 -U0 -G1 B1 -U0 -G1 81 -U1 -G2 81 -U1 -G2 I 61 -U1 -G2 B1 -U1 -G2 61 -U1 -G2 61 -U1 -G2 Lumens 2,385 2,994 3,906 4,889 5,779 6,577 2,504 3,144 4,101 5,133 6,068 6,905 T3 BUG Rating B1 -U0 -G1 61 -U0 -G1 61 -U0 -G1 61 -U0 -G1 B1 -U0 -G1 61 -U0 -G1 81 -U1 -G2 B1 -U1 -G2 B1 -U1 -G2 61 -U1 -G2 B1 -U1 -G2 81 -U1 -G2 Lumens 2,360 2,963 3,866 4,839 5,720 6,509 2,530 3,177 4,145 5,188 6,133 6,979 T4FT BUG Rating B1 -U0 -G1 81 -U0 -G1 81 -U0 -G1 01 -U0 -G1 81 -U0 -G1 B1 -U0 -G1 81 -U1 -G2 81 -U1 -G2 61 -U1 -G2 61 -U1 -G2 81 -U1 -G2 B1 -U1 -G2 Lumens 2,386 2,996 3,908 4,892 5,783 6,581 2,500 3,139 4,095 5,126 6,059 6,895 T4W BUG Rating 61 -U0 -G1 81 -U0 -G1 81 -U0 -G7 81 -U0 -G7 B1 -U0 -G1 81 -U0 -G1 61 -U1 -G2 61 -U1 -G2 61 -U1 -G2 B1 -U1 -G2 61 -U1 -G2 61 -U7 -G2 Lumens 2,257 2,834 3,697 4,628 5,470 6,225 2,413 3,030 3,953 4,948 5,849 6,656 SI -2 BUG Rating B1 -U0 -G1 B1 -U0 -G1 61 -U0 -G1 61 -U0 -G1 B1 -U0 -G1 61 -U0 -G1 81 -U1 -G2 61 -U1 -G2 61 -U1 -G2 B1 -U1 -G2 61 -U1 -G2 61 -U1 -G2 Lumens 2,220 2,787 3,636 4,552 5,380 6,122 2,365 2,970 3,874 4,849 5,732 6,523 SI -3 BUG Rating B1 -U0 -G1 B1 -U0 -G1 B1 -U0 -G1 B1 -U0 -G1 61 -U0 -G1 B1 -U0 -G1 B1 -U1 -G2 B1 -U1 -G2 B1 -U1 -G2 B1 -U1 -G2 81 -U1 -G2 81 -U1 -G2 Lumens 2,110 2,649 3,456 4,326 5,113 5,818 2,234 2,805 3,660 4,581 5,415 6,162 SI -4 BUG Rating B0 -U0 -G1 B0 -U0 -G1 B0 -U0 -G1 B0 -U0 -G7 80 -U0 -G7 B0 -U0 -G1 B1 -U1 -G2 B1 -U1 -G2 61 -U1 -G2 81 -U7 -G2 B1 -U1 -G2 81 -U1 -G2 Lumens 1,990 2,498 3,259 4,080 4,823 5,488 2,154 2,705 3,529 4,418 5,222 5,942 SLL/SLR BUG Rating 81 -U0 -G1 B1 -U0 -G1 81 -U0 -G1 B1 -U0 -G1 81 -U0 -G1 61 -U0 -G1 81 -U1 -G2 81 -U1 -G2 B1 -U1 -G2 61 -U1 -G2 61 -U1 -G2 61 -U1 -G2 Lumens 2,380 2,988 3,898 4,880 5,768 6,564 2,465 3,095 4,037 5,054 5,974 6,798 RW BUG Rating B2 -UO -GO B2 -UO -GO B2 -UO -GO 82 -UO -GO B2 -UO -GO 82 -UO -GO 83 -U1 -G1 63 -U1 -G1 B3 -U1 -G1 63 -U1 -G1 83 -U1 -G1 63 -U1 -G1 LUMEN MAINTENANCE 'Data calculated based on TM -21 calculator. THRUWAY BACK BOX Cylinder Quarter Sphere 2" [51mm] 1-3/4" [44mm] 12"[305mm] LUMEN MULTIPLIER Ambient Lumen Temperature Multiplier Ambient 25000 50000 60000 100000 Theoretical Current Temperature Hours* Hours* Hours* Hours* I L70 (Hours)* Up to Up to 40°C '95% >91% >90% >83% 20,4000 1.2A 'Data calculated based on TM -21 calculator. THRUWAY BACK BOX Cylinder Quarter Sphere 2" [51mm] 1-3/4" [44mm] 12"[305mm] LUMEN MULTIPLIER Ambient Lumen Temperature Multiplier 10*C 1.02 15°C 1.01 25°C 1.00 40°C 0.99 Trapezoid 2" [51mm] 1-3/4" [44mm) 12-1/4" [311 mm] Wedge 2" �44mm�-- 1-3/4" 12"[305mm] Eaton 112 1 Highway 74 South IV A,&TeN Peachtree City, CA 30269 Specifications and TD514030EN P: 770-086A800 dimensions subject to August 22, 2017 8:54 AM Powering Business WodoWde www.eaton.comAighting change without notice. 9 page 3 ORDERING INFORMATION Samole Number: ISC-AF-1200-LED-E1-T3-BZ ISG/ISS/IST/ISW IMPACT ELITE LED Product Family' Light Engine Drive Current Lamp Type Voltage Distribution Color ISC=Impact Elite LED AF=(1) LightSquare 350=Drive Current Factory Set to 35OmA LED=Solid E7=Electronic T2=Type II AP=Grey Small Cylinder 450=Drive Current Factory Set to 45OmA State (120-277V) T3=Type III BZ=Bronze ISS=Impact Elite LED 600 -Drive Current Factory Set to 600mA Light 347=347V2 T4FT=Type IV Forward Throw BK=Black' Small Quarter Sphere 800=Drive Current Factory Set to 800mA Emitting 480=480V 2.3 T4W=Type IV Wide DP=Dark IST=. Impact Elite LED 1000=Drive Current Factory Set to 1000mA Diodes SL2=Type II w/Spill Control Platinum Small Trapezoid 1200=Drive Current Factory Set to 1200mAz SL3=Type III w/Spill Control GM=Graphite ISW=Impact Elite LED SL4=Type IV w/Spill Control Metallic Small Wedge SLL=900 Spill Light WH=White Eliminator Left SLR=900 Spill Light Eliminator Right RW=Rectangular Wide Type I Options (Add as Suffix) Accessories (Order Separately) 11 7030=70 CRI /3000K CCT4 MA1253=10kV Circuit Module Replacement 7050=70 CRI /5000K CCT.4 MA1254-XX=Thruway Back Box - Impact Elite Trapezoid 7060=70 CRI / 5700K CCT 4 MA1255-XX=Thruway Back Box - Impact Elite Cylinder 8030=80 CRI / 3000K CCT 4 MA1256-XX=Thruway Back Box - Impact Elite Quarter Sphere PER7=NEMA 7 -PIN Twistlock Photocontrol Receptacle 2•5•s MA1257-XX=Thruway Back Box - Impact Elite Wedge P=Button Type Photocontrol (Available in 120, 208, 240 or 277V. Must Specify Voltage) FSIR-100=Wireless Configuration Tool for Occupancy Sensor HA=500C High Ambient 7 AHD145=After Hours Dim, 5 Hours, 50% AHD245=After Hours Dim, 6 Hours, 50%' AHD255=After Hours Dim, 7 Hours, 50%' AHD355=Atter Hours Dim, 8 Hours, 50%' MS/DIM-LXX=Motion Sensor for Dimming Operation s•10.11 LWR-LW=LumaWatt Pro Wireless Sensor, Wide Lens for 8'- 16' Mounting Height 11.12 LWR-LN=LumaWatt Pro Wireless Sensor, Narrow Lens for 16' -40' Mounting Height 11.12 BBB=Battery Pack with Back Box (Specify 120V or 277V) 13 CWB=Cold Weather Battery Pack with Back Box (Specify 120V or 277V) t4 LCF=LightSquare Trim Plate Matches Housing Finish HSS=Factory Installed House Side Shield '0 ULG=UplightGlow 1•0 TR=Tamper Resistant Hardware X=Driver Surge Protection (6kV) Only 16 NOTES: 1. Standard 4000K CCT and greater than 70 CRI. 2. Not available with ULG option. 3. Only for use with 480V Wye systems. Per NEC, not for use with ungrounded systems, impedance grounded systems or corner grounded systems (commonly known as Three Phase Three Wire Delta, Three Phase High Leg Delta and Three Phase Corner Grounded Delta systems). 4. Exentended lead times apply. 5. Not available with ISS or ISW. 6. Not available with LWR-XX or MS/DIM-LXX. 7. Suitable for 50°C provided no options other than motion sensor are included and driver output set to 1.A or less. 8. Requires the use of P photocontrol or the PER7 photocontrol receptacle with photocontrol accessory. Not available with 350mA drive current. See After Hours Dim supplemental guide for additional information. 9. Specify lens in place of XX. Round to next highest option based on mounting height. Available options are 08, 20 and 40W. 10. The FSIR-100 configuration tool is required to adjust parameters including high and low modes, sensitivity, time delay, cutoff and more. Consult your lighting representative at Eaton for more information. 11. Includes integral photocell. 12. LumaWatt Pro wireless sensors are factory installed and requiring network components in appropriate quantities. See www.eaton.com/lighting for LumaWatt Pro application information. 13. LED standard integral battery pack is rated for minimum operating temperature 32°F (0°C). Operates downlight for 90 -minutes. 14. LED cold weather integral battery pack is rated for minimum operating temperature -4`F (-20°C). Operates downlight for 90 -minutes. 15. Only for use with SL2, SU and SI -4 distributions. The LightSquare trim plate is painted black when the HSS option is selected. 16. Removes additional surge module. 17. Specify color in place of XX. Eaton 1121 Highway 74 South Peachtree City, GA 30269 Specifications and ® TD514030EN P: 770-486ABOO dimensions subject to Powering Business Worldwide www.eston.com/lighting change without notice. August 22, 2017 8:54 AM ADA COUNTY RECORDER Christopher D. Rich 2017-095482 BOISE IDAHO Pgs=8 LISA BATT 10/10/2017 08:10 AM RECORDING REQUESTED EYAND CITY OF MERIDIAN, IDAHO NO FEE WHEN RECORDED RETURN To., City Cleric City of Meridian 33 E. Broadway Avenue Meridian, 10 83682 AGREEMENT FOR EXTENSION OF DOMESTIC SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS: 1035 E. Fairview Avenue This AGREEMENT FOR EXTENSION OF DOMESTIC SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS ("Agreement") is made this 3rd day of October , 2017 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway .Avenue, Meridian, Idaho (hereinafter "City"), and Alturas Properties, LLC, formerly known as Hansen Properties, LLC; an Idaho limited liability company whose mailing address is 435 E. Shore Dr., Suite 210, Eagle; Idaho 83616 (hereinafter "User") (collectively, "Parties"), WHEREAS, User is the owner of parcel .number S 1107120677, located at 1035 E. Fairview Avenue, Meridian, Idaho oda County, Idaho, as depicted in Exhibit A Hereto (hereinafter "Subject Property"), which real property is located outside of Meridian City limits; WHEREAS, the Subject Property is already connected to the City water system, and User requests to connect the Subject Property to the City sewer system; WHERE, AS, City is authorized by Idaho Code section 50.332 to operate and maintain a domestic sewer system, and the City does exercise such authority, including by the adoption and .enforcement of Title 9, Chapter 4, Meridian City Code; WEE, RI+sAS, User intends to submit a development application to Ada County for a drive-through restaurant (tic "Anticipated Use"); WIMi REAS, pursuant to the terms of this Agreement, the User understands that upon completion of necessary approvals associated with the Anticipated Use, the User will be required to file development applications and apply for annexation and a zoning designation consistent with the City of Meridian Comprehensive Plata then it! effect within sixty (60) days of the execution of this Agreement; unless otherwise extended as provided herein; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained,.and in consideration of the recitals above, which are incorporated Herein, the Parties agree as follows: I, COMMITNIENTS BY CITY, A. Provision of Services. At ail times relevant hereunder, City shall provide sewer and wafter services to the Subject Property, subject to the terms and conditions of this Agreement and any and all applicable laws and City ordinances, AGREEMENT FOR EXTENSION Or SEWER SBItV10E OUTSIDE MBRIDIAN CITY LIMITS — 1035 F. FA)RVIFMI AVE PAGE 1 OF 7 B. Billing. City shall bill User monthly for sewer and water usage t mmling to the metering, accounting, and billing system in place under mor.idian City Code and the policies and practices of the City of Meridian. C. Recordation. City shall record this Agreement, and shall submit prool'ofsuch recording to User, 11. CONI MITMENTS BY USER. A, Payment for City services. User shall be responsible for Riltilling its obligation to pay to City any and all costs related to sewer infrastructure construction, materials, and connection, including, but not limited to, hookup, assessment, Hueter installation] and inspection fees, Upon conneetion to the City's sewer system, User shall pay to City all applicable fees and costs for sewer and water services provided, including, but not limited to, use fees, as such are calculated and billed by City as set fortis Herein and established by law or City ordinance, The exclusive remedy foi- disputes, objections, or appeals regarding such fees and charges shall be appealed to the Board of Adjustment under the procedure set forth in Meridian City Code. Notwithstanding any other provision of this Agreement, this provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Property, B. No cross -connection. User shall abide by and comply with any and all applicable provisions of I aw, which shall specifically iizclude, but shall not be limited to, compliance with Chapter 3, Title 9, Meridian City Code and/or any and all similar ordinances subsequently adopted, which prohibit the installation and/or maintenance of a cross -connection to the City's water system. This provision shall be binding upon. User and upon any and all successors in interest: of User and/or to the Subject Property. C. Annemition and development application, within -sixty (60) days of execution of this Agreement, User shall, at U'ser's scale expense, submit Annexation and Cor6ficate of Zoning Compliance applications for. the Subject Property into the City of Meridian (the "Applications"). User's Applications shall be a complete submittal of all City -required doc nnents, exbibits, and fees that are in effect at the time of application. Such. Applications shall propose zoliing designations consistent with the Future Land Use Map designation of the City's Comprehensive Plan, The foregoing sixty (60.) day limitation shall be extended upona, request hi.writing and a showing of good cause by User. "Good cause" for purposes of this Section shall include delay not within the control of User in connection with User's submission for all applicable Ada County approvals associated with User's application f6rthe Anticipated Use. City acknowledges that development of the Subject PkOperly in gencral accordance with the site plan attached hereto as Exhibit B shall be acceptable. D. Future devolopmeot agircement. 'User acknowledges that, pursuant to Idaho Code.section 67- 6511 A and the Meridian Unified Development Code ("UDC"), as part of the annexation process, User be required to enter into a development agreement concerning the use or development of the Stubject.Proporty. Such dcvolopment agreement will include requirements that the use of the Subject property comply with all provisions of the UDC and Meridian City Code, including those provisions related to land use, specific use standards, landscaping, access; parking; and othor conditions as niny be appropriate and necessary to carry out the policies of the comprehensive plan, regulate the uses of property and structures within the City of N. Jeridian, and protect, and promote public health, safety, and general welfare. AGRE'r. MINT rok I<x*niN1sIoN oil snwmG s1iRVIc7; oUTSIDIIMPRIDIAN,,yryLIhA('rS-103513.VAIRVIEWAVIS t'AGP2Oil 7 E . Acknowledgement O'Non-Conforiniing Use. The City acl(nowledges that, as of the Effect.ide Date. of this Agreement, an electronic outdoor advertising sign is installed on the. Subject Properly, and is a permitted use under current Ada Comity ordinances, 'Upon the Subject. Property's annexation into the City of Meridian, such sign shall become a nonconforming sign: Such nonconforming sign may remain oil the Subject Property subject to the provisions for nonconforming signs as set forth in Meridian City Code section 11-113-C, as such section exists on the (late of this Agreement, a copy ofwhich is attached hereto as.Exhibii k The parties agree and acknowledge that repair or replacennent of LLD digital faces ora the outdoor advertising sign does not constitute replacement or removal of the outdoor advertising sign or sign structure as described in Section 11 -IB -G as set forth in R hibitA. F. Consent to entry. User shall, and hereby (toes, provide perpetual consent and access to the City to enter the Subject Property for the purpose of inspecting any and all sewer and/or water pipes, Connections, and related infrastruoture, Except as to routine meter readings or in the event ofaa imminent or reatized threat to the public health) safety, or welfare, City shall provide User at least twenty-four (24) hours prior notice of such entry; such notice may be verbal of written and may be posted at the Subject Property; Ill. GENERAL PROVISIONS. A. Default. Any failure to perforin the terms and conditions of this Agreernnonti or any portion thereof, shall be a default hereunder: In the event of a default, the non -defaulting party may serve a written Notice of Default upon the defaulting party by the method set forth herein.. Except in case of an inuninent or realized threat to the public health, safety, or welfare, the defaulting party shall have thirty (M) days following delivery of such notice to cure or correct tine default before the non -defaulting panty may seep any remedy as provided herein. Notwithstanding any other provision of this Agrecnnernt, this provision shall be binding upoin the Parties and upon any and all successors in interest thereof, B. Enforcement. This Agreement shall be enforceable in any court of competent jurisdiction by either City or User, or any respective successor(s) ill interest thereof, An action at law or in equity, as appropriate, shall lie to secure specific performance of any covenant, agreement, conditioil, .commitl,inen(, and/or obligation sett forth herein. In addition, remedies available to City shrill include, but shall not be limited to, termination of sower and/or water service to User, to any successor(s) in interest, and/or to any sewer• or water user located on the SubJect Property. C. Notices, Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit it) the United States Mail, postage prepaid, addressed as follows: City: City of Meridian Attn: Public Works Department Director 33 >,'13roadway Ave. Meridian, Idaho 83642 User: Alhiras Properties, LLC 435 R Shote Dr., Suite 21 U Eagle, Idaho 93616 Either Patty may change its address for the purpose of this section by delivering to the other Pturty written tiotification of such change, establishing anew address for noticing purposes, in accordance with the requirements of this section. AGREEMENT FOR 1,IXTE ISTnN OF Sl?1VRR SERVICE, UUTSIDI; MBRIDIAN CITY LIMITS- 1035 It, FAIRVIEW AV11 PAGIII 101: 7 D. Time is of the essence, The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision hereof; and that the failure to timely perforin any of the obligations herounder shall constitute a breach and default hereunder by elle Party so failing to perform. E. Binding upon successors. Except as otherwise specifically provided Herein, this Agreement 811a11 be binding upon ally and all owners of the Subject Property, any and all subsequent owners thereof, and each and every other person. acquiring an interest in the Subject Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Subject Property, or troy portion thereof; except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefled acrd bound by the conditions and restrictions herein expressed, F. Severability. If any provision of this Agreement is held invalid by a court of competent: jurisdiction, shell provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. G, Attorney fees, Should any litigation be commenced between the parties Hcret:o concerning this Agreement, the prevailing pare shall be entitled, in addition to any other relief as may be granted, to court costs mud reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, hirci• adia, any default, termination, or forfeiture of this Agrecnlent. H. Final Agreement, This Agreementsets forth all promises, inducements, agreements, conditions, and understandings between City incl User relative to the Subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and User, other than as are stated herein. Except as othersNtise specifically provide(] herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly exceuted by both Parties or their successors in. interest. 1. Noii-waiver. failure of either Party to promptly enforce the strict performance of ally term of this Agreement shall not constitute a wriiver or ielinquishnicnt of any Party's right to thereafter enforce such term; and any right or reinecly hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies Herein enunncrated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for horein. or allowed by law shall not be to the exclusion orally other remedy, I Compliance •with laws. Throughout the course of ibis Agreement, the Parties shall. comply with all applicable laws, oidinarices, and codes of federal, State, atxd local governments. This Agreement shall be governed by all(] construed and enforced in accordance with the laws Of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to tile regulation, control, and use of its sower and water systems, and ally prospective amendments to ante(/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully lierein, K. Advice of attorirey. Mich party warrants and ropresents that in oxmitnl.g this Agreement, it has received independenit legal advice from its attorney or the opportunity to seek such advice. AGREEMENT VOR RXTENSION of: SEWER ORV,IC1 OUTSIDEMPRIDIAN UTY LIMITS- 1015 11. FAiRVIM AVE' PAOR 4 ori 7 Appr(jvAI.Requiredt. Th i's A&eciiint shA I I'll'o t'bocotile offoctiVe. or:.bi lyd Ing, witi I <approv CRY.* Coulloll of the City -4-u-Wri'dimi, IN WANE 89 WfIERE, (0, -tho'parties horeto cavo executed thf8 Ageomolit-011-tiliq 3rd 'dJq-of October , 2017, US] M.- AlTrURAS PROPEWMES, 1,LC an Idaho, RA tedliabil lity.00lllp' ally ,.,,-7 Manag�u CITY OF MURIMA, STATB-OP IDAT-10 cpftty or I 1jEfW;S)`PLRTtFV-tfIat oil &Y 0fAfA9_A,0_Irb- lypjm t1w, off. Aoi poolinify xippmtl bq IM...'Iyormn who ex doled ffie.�.Sald lilsfiimyfonl, �0 :A kttoll'ladilod W Ilio. (flatlid.WOVO( . I!q'WTJ'N9SS-WA8'R'F,'0.V) T-1100 I IWOU11('640t-my-bod and tiff kod-iny 0""" so tl 'clay find year itt this coatf.t"tc�te first dUave•°lvriticn. R—Wry Pto _Irxda fd6ho My.CQn)mIoio)l Expires" Attmt;, Ta " 11n 5yd 8TATI-31 MIMI 'Collilly of-A.da I fmRRBY CIEWIlPly IN c o this _��d day of. %*RK44#, 1�1 appon OWF�de--� borop ved tW NE OJAY.city kj�k)Nvjj or mo �o bo the Mayor-MY(I A)i -I•-IIL�Jt ant( Morkre'vootivoly"attho Ety of.Modd'jcmwho mccutod flip. Itistruni-ont on Ui 6f.m6rWhiii exedite'd *alo SanI6, •IN 1�, 11,N488 WRRRE0F.j f -have herofinto. set my flan-d-and.affixed my off"fWAI so�Hlio day -and year first abbw- wdtteil� 64 *lolls 00000* -0ju ACIM,mr, Nt FOR mtqoot onvwnh Ste VIC13 oursM.MPAli$JACIT EXHIBIT A MER]DIAN CITY CODE SECTION I I --I B-6 11-1A-1: DEFINITIONS: Nonconforming Sign: A sign, sign structure, or use of a sign iawfuIly existing prior to January 1, 2010, but (fiat does trot now colafoi'M to the dimensional and/or locational standards for the district lit w111011 it Is located, 11-113-6: NONCONFORMING SIGN: A. Except as set forth in subsection B of this section, a nonconforming sign shall lose its noticonforuling status and ntay become an illegal sign if any of (110 following occur: 1, The sign and/or sign structure is moved. 1 The sign and/or sign strLtcture is replaced and/or removed for any period of time, 3. There is a change in, cessation of, and/or abandonment of the use of the property, or any portion thereof, on which the sign and/or sign structure is located. 4. There are alterations or enlargements to the site or building, on the property ill excess of thvcnty five percent:(25%) or 11101-0 of the existing site or building: The amount of alterations and/or enlargements shall be cumulative over tintc, 5, The sign and/or sign structure is damaged to the extent of more than fifty percent (50%) of its replacement value. B. Any nonconforming sign that is subject to the Idaho Code section 40-1910A related to the removal of off premises outdoor advertising along state highways shall lose its nonconforming status and may become an illegal sigh if airy of the following occur: 1. The sign and/or sign structure is moved. 2. Tile sign structure is replaced and/or removed for any period of thne. C. Where a nonconforming sign becomes an illegal sign, the owner of the property on which the illegal sign is located shall: 1. Remove the sign Within sixty (60) days; 2. Bring the sign into frill compliance with this title NAthin sixty (60) days; or 3. Submit a complete application for conditional use approval within thirty (30) days and sttbsegnently gain approval reinstating (lie nonconforming status of the sign: If the conditional use is not approved, the owner of the property on which the sign is located shall remove the sign within thirty (30) days. AGREEMENT FOR EXTHNSION OF SHWI.i 2 URVtC$ OLJ,rSIDE NVIRtD1AN CITY LIMITS --1035 11,FA)RV113W AVL; PAQr 6 0117 EXHIBIT B PROVISIONALLY APPROVED SITE PLAN AGREEMENT FOR EXTENSION OF SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS -1035 E. FAIRVIEW AVE PAGE 7 OF 7 PKWDMUIMS L 4 v PPD)ER FUR: ..._ rtlssms twE ALTURASnllabnrative 1015EFMYL19AYE BUISF IDAHO &)103 1119 E Steps 3430l519.i111 u'kr 1061516 CI PROPERTY UhF s s 55. a c a � 6 a n a n � FraoYEEeAalmS� ; — — — — — — — — — — — — — — — — — — — — — — — — \ — — "a PKWDMUIMS L 4 v PPD)ER FUR: ..._ rtlssms twE ALTURASnllabnrative 1015EFMYL19AYE BUISF IDAHO &)103 1119 E Steps 3430l519.i111 u'kr 1061516 CI RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO, City Clark City of Meridian 33 E. Broadway Avenue Meridian, X 83642 FIRSTAMENDMENT TO AGREEMENT FOR EXTENSION OF DOMESTIC SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS: 1035 E. Fairview Avenue This FIRST AMENDMENT TO AGREEMENT FOR EXTENSION OF DOMESTIC SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS ('Agreement") is made this 12-x' day of December 2017 ("Effective Date"), by and between the City of Meridian, a mmuticipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Alturas Properties, LLC, formerly known as Hansen properties, LLC, an Idaho limited liability company whose mailing address is 435 E. Shore Dr., Suite 210, Eagle, Idaho 83616. (hereinafter "User") (collectively, "Parties"). WHEREAS, the Parties entered into that certain Agreeinent„for Rviension of Domestic Sewer Service outside Meridian City Limits: 1035 E. Fah -view Avemle, executed on October 3, 2017 (the "Agreement'') and recorded in the records of Ada County against 1035 E, Fairview Avenue, Meridian, Idaho, Ada County parcel number 51107120677 {"Subject Property"), on October 10, 2017 as Instrument No, 2017-095482; WHEREAS, the Agreement authorized connection of Subject Property to the City's sewer system on terms and conditions identified in the Agreement, which terns included a requirement of applications to the City for Annexation and Certificate of Zoning Comrrpli"ante within sixty (60) days of execution of the Agreement; WHEREAS, User has,. in good faith, pursued. all necessary approvals for the Anticipated Use in Ada County, including submission of a master site plan application to Ada County on October 4, 2017. User has received master site plan approval for the Anticipated Use; however, not all building permits have issued and work has not yet completed to allow for County inspections and a certificate of occupancy to issue; NOW, THEREFORE, for good .and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows; 1. Annexation and Development AunIicntionDeadline, The Parties agree that the timelines identified in Section II.0 of the Agreement are hereby extended an additional sixty (60) days, for a total of one hundred twenty (120) days from the execution of the-Agreeirlent. 2. Identification of User: The definition of "User" is hereby amended, as follows, to reflect the current ownership of the Subject Property: "10th & Fairview, LLC, successor in interest to Alturas Properties, LLC, formerly known as .Hansen Properties, LLC." By execution of this First Amendment, 10th & Fairview, LLC assumes all rights and obligations of'User under the Agreement. FIRST AMENDMENT To AOREEME.N'r POR F,ITENSrON of SEVER SERVICE OLITSIDE MBRIDTAN CITY LIMITS- 1035 E. FAIRVH-v AVE PAcr:1 or 2 3. No Other Changes; Defined Terms, The Agreement remains in full force and effect except as explicitly modified herein. Any capitalized but undefined terms in this First Amendment. shall have the same meaning as indicated in the :Agreement. IN 'WITNESS WHEREOF, the parties hereto have executed this First Amendment on this 3 -h— day ofc , 2017. USER: I OT" & FAIRVIEW, LLC an Idaho limited Iiability company Blake Hansen, M411 •g�_ e°de'°' fiji IN At N uZz f*1aTA�t j�••,-'P g soo °• �U[3LlO .° CITY OF MERIDIAN: STATE OF IDAI-10 ) ss: County of IR 41 I HEREBY CE 'fIFY that on this _� - day of before the undersigned, a Notary 'Public in the State of Idaho, personally appeared Blake Hansen, proven to me to be the person who executed the said instrument, and acknowledged to me that lie executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and ear in this certificate first above written. 40t,ublic for Ida _ Residing at„r1 `a Idaho My Commission Expires: BY: Attest; /* Tanney erd, Mayor Cay Coe. , City Clerk STATE OF IDAHO } : ss County of Ada ) I HERE -BY CERTIFY that on thisI2 ' day of D mb2 017 before the undersigned, personally appeared TAMMY de WEERD and C;JAY COLES, known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument on behalf of the City of Meridian, and acknowledged to the that the City e • • e of Meridian executed the sante. °••° VINE IN WITNESS WHEREOF; I have hereunto set my hand and affixed my 'TAR' 0• officialseal the �day pand year inthiscertificate first above written. • Notary Public f ho Residing at_����f l(� �, Idaho l'i1BLiG' Qy�: My Commission Expires: - g -,9 dQ a • • `� �'E OF 1��'. FIRST AMENDMENT'ro AGRFFhIFNT FOR EXTrNSION OF SEWEI2 SERVICE OUTSIDEIVIFRIDIAN CITY LIMITS 1035 R. FA. IRVm.w AvH PA017 2 OF? ADA COUNTY RECORDER Christopher D. Rich 2018-012303 BOISE IDAHO Pgs=2 BONNIE OBERBILLIG 02/09/2018 10:09 AM CITY OF MERIDIAN, IDAHO NO FEE RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: City Clerk City of Merldian 33 E. Broadway Avenue Merldlan, ID,83642 SECOND AMENDMENT TO AGREEMENT FOR EXTENSION OF DOMESTIC SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS: 1035 E. Fairview Avenue This SECOND AMENDMENT TO AGREEMENT FOR EXTENSION OF DOMESTIC SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS ("Agreement") is made this t_ day oft MA ("Effective Date"), by and between the City of Meridian, a municipal corporation organize the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter, "City"), and Alturas Properiies, LLC, formerly lrnown as Hansen Propehtiies, LLC, an. Idaho limited liability company whose mailing address is 435 E. Shore Dr., Suite 21.0, Eagle, Idaho 83616 (hereinafter, "User") (Collectively, "Parties"). h WHEREAS, the Parties entered into that. certain Agreement for Extension of Domestic. Sewer Set -vice Outside Meridian City Limits: 1035 E. Fairview Avenue, executed on October 3, 2017 (the "Agreement") and recorded in the records of Ada County against 1035 1,. Fairview Avenue, Meridian, Idaho, Ada County parcel number S1107120677 (the "Subject Property"), on October 10, 2017 as InsttumentNo. 2017-095482; , WHEREAS, the Agreement authorized connection of the Subject Property to the City's sewer system on terms and conditions identified in the Agreement, which terns included a requirement of applications to the City for Annexation and Certificate of Zoning Compliance (collectively, the "Applications") within sixty (60) days of execution of the Agreement; WHEREAS, the Parties entered into that certain First Amendment to Agreement for Extension of Domestic Sewer Service Outside Meridian City Limits:. 103.5 E. Fairview Avenue, executed December 12, 2017 (the "First Amendment"), whereby the requirement of submission of the Applications was deferred for an additional sixty (60) days; and WHEREAS; User has, in good faith, pursued all necessary approvals for the Anticipated Use in Ada County and certificate of occupancy is expected in.the coming days; however, due to weather, User has been required to bond around certain improvements, which Ada County bonds are expected to be in place beyond the timeframe identified in the First Amendment; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration. of the recitals above, which are incorporated herein, the Parties agree as follows: ` 1. Annexation and Development Application Deadline. The Parties agree that the timelines identified in Section II.0 of the Agreement are hereby extended tQ April 30, 2018. SECOND AMENDMENT"TO AaREEMENTFOR EXTENSION OF SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS —1035 E. FATRVIEW AVE PAGE I OF 2 2, No Other Chan es• Defined Terms. remains lized but undefined terms in this Second Amendment except as explicitly modified herein. Any cap shall have the same meaning as indicated in the Agreement. IN WITNESS WHE, REOr,, the parties hereto have executed this Second Amendment On this day of , 2018, STATE OF IDAHO ) USER: 70 & FAIRVIEW, LLC an Idaho limited liability CompatiY Blake Hansen, Ma` �N o• t10TAR J,°o+ w i i •,,,�r OF Iq,� ) SS. County of +� da of I IIEREBY CERTIFY that oti this f=�---- y ' before the undersigned, a Notary Public in the State of Idal , personally appeared Blake Hauser, prove" to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written, 57 ota public for Id I �"` pIdaho Residin at My Commission Expires: CITY OF MERIDIAN: `�— Attest'. BY: -- ,Jay Tammy e rd, Mayor STATE OF IDAHO City Clerk C,ty or c` rfllA u m t o ANO SS County of Ada ) `�u I HEREBY CERTIFY that on this lQ day of i ed TAMMY de W before the undersigned, personally appearRD and °,°••.0009'••0•• C.JAY COLES known or identified to the to be the Mayor and City .• . _ -- w •• Clerk, respectively, of the City of Meridian, who executeded tehthattinstrument City too ° �v"� AR �; q " : on behalf of the City of Meridian, and aclaiowledg 0 of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set ray hand and affixed my aU, • • official seal the day and year in this certificate first above written. ffi ` o - O• �lr,nrl�nanlla` •00 ` ATE 0V •'e°� Notary Public for Ida �kJ Idaho •roe ■ e o rr • Residing My Commission Expires: SECOND AMENDMENTTO AGREEMENT FORExTENSION OF SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS —1035 E. FAIRVIEW AVF PAGE 2 OF 2 BEFORE THE DIRECTOR OF ADA COUNTY DEVELOPMENT SERVICES In re: Application of 10th & Fairview, LLC (Sodalicious) Project No. 201701971 -MSP FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FINDINGS OF FACT If any of these Findings of Fact are deemed Conclusions of Law, they are incorporated into the Conclusions of Law section. A. The Director finds that the record is comprised of: 1. Exhibits to the Staff Report. 2. Exhibit A to the Findings of Fact, Conclusions of Law and Order. 3. All other information contained in Ada County Development Services File for Project No. 201701971 -MSP. B. As to procedural items, the Director finds the following: 1. On October 5, 2017, submission to Development Services occurred for Project No. 201701971 -MSP. 2. On October 11, 2017, staff notified other agencies of this application and solicited their comments. 3. On October 12, 2017, property owners within 300 feet of the site were notified of the hearing by mail. C. As to the project description, the Director finds based on the application materials found in the file for Project No. 201701971 -MSP the following: 1. PROPOSED USES: Construct a new drive up window for a retail use. 2. PROPOSED STRUCTURES: None (984 square foot building is existing). 3. PROPOSED SITE IMPROVEMENTS: Drive through lane. D. Based on the materials found in the file for Project No. 201701971 -MSP, the Director finds the following concerning the project description: 1. PARCEL NUMBER AND LOCATION: The parcel number is 51107120677. The property is located on the south side of E. Fairview Avenue approximately 700 -feet west of the intersection of Stonehenge Way and Fairview Avenue at 1035 E. Fairview Avenue. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 201701971 -MSP 10th & Fairview, LLC (Sodalicious) Page 1 2. OWNERSHIP: 10th & Fariview, LLC. 3. SITE CHARACTERISTICS: Property size: .25 -acres Existing structures: A 984 square foot commercial structure. Existing vegetation: There is some existing commercial landscaping on the property. Slope: The site is relatively flat. Drainage: Drainage will be retained on site. Views: The property is generally visible from all directions. E. Based on the officially adopted Ada County land use maps, the Director finds the following concerning the current land use and zoning: The property is currently commercial land use zoned Community Commercial (C2) District. F. Based on the officially adopted Ada County land use maps, the Director finds the following concerning the surrounding land use and zoning: North: The property to the north is commercial use located in the General Retail and Service Commercial (C -G) District and located in the City of Meridian. South: The property to the south is commercial use located within the General Retail and Service Commercial (C -G) District and located in the City of Meridian. East: The property to the east is a commercial use located within the General Retail and Service Commercial (C -G) District and located in the City of Meridian. West: The property to the west is commercial use located in the General Retail and Service Commercial (C -G) District and located in the City of Meridian. G. Based on the officially adopted Ada County land use maps and materials found in the file for Project No. 201701971 -MSP, the Director finds the following concerning services: Access Street and Designation: Access is off E. Fairview Avenue and is designated as a principal arterial roadway. Fire Protection: Meridian Fire District. Sewage Disposal: Septic (However, an agreement with Meridian has been provided that sewer will be provided). Water Service: Meridian City Water. Irrigation District: Nampa & Meridian Irrigation District and Boise Project Board of Control. Drainage District: None. H. As to the applicable law, the Director finds the following: This section details the comp plan goals, objectives and policies; the zoning ordinance regulations; and other applicable standards regarding development of the subject property. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 201701971 -MSP 10th & Fairview, LLC (Sodalicious) Page 2 The Director finds that the City of Meridian Comprehensive Plan as adopted by Ada County is applicable because the subject property is located with Meridian's Area of Impact. The Director finds the application complies with the City of Meridian Comprehensive Plan as adopted by Ada County. Regarding the City of Meridian Comprehensive Plan as adopted by Ada County, the Director finds the following: Commercial. This designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi- family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone. Goal 3.06.02: Support appropriate land uses along transportation corridors. Goal 6.02.00: Ensure that adequate public services are provided for existing and future residents and businesses. Goal 6.02.01: Plan and expand services as part of the development process. Goal 6.02.01A: Implement the City's Pathway Master Plan to provide a bike and pathways system between neighborhoods, local collectors, and community destinations. Work with new development, ITD, ACRD, COMPASS, Ada County, and other entities to idents partnership opportunities. Goal 6.02.01 B: Require that development projects have planned for the provision of all public services. The Director finds that the future land use map in the adopted comprehensive plan designates the area as commercial. The proposed retail use will provide social services to the area and add to the existing mix of commercial uses along Fairview Avenue. The Director finds that adequate public facilities and infrastructure is being provided for the proposed retail use as the applicant will hook up to Meridian's sanitary sewer system and the property has pedestrian facilities along the frontage on Fairview Avenue. 2. The Director finds Article 8-4E-4 of the Ada County Code is applicable because the applicant has applied for a master site plan for a new drive up window for an existing commercial building. The Director finds that the application complies with Section 8-4E- 4 of the Ada County Code. Regarding Section 8-4E-4 the Director finds the following in regards to the master site plan: A. The master site plan complies with this title and the applicable comprehensive plan; The Director finds as evidenced by Findings of Faction Section H that the master site plan complies with Title 8 of the Ada County Code because it complies with the applicable required findings of fact as outlined herein. As evidenced in Findings of Fact Section H(I) herein, the master site plan complies with the City of Meridian Comprehensive Plan as adopted by Ada County. B. The applicant has submitted a natural features analysis (subsection 8 -4E -4D of this article) identifying constraints presented by such natural features, and the proposed development sufficiently addresses such features; FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 201701971 -MSP 10th & Fanview, LLC (Sodalicious) Page 3 The Director finds that a natural features analysis in compliance with subsection 8- 4E -4D of the Ada County Code was submitted with a previous application; therefore this does not apply. C. The proposed landscaping meets the requirements of article F of this chapter; 8-4F-4: General Landscaping Standards: I. Installation of required landscaping shall be the responsibility of the property owner. 1. All plant materials shall be planted according to industry standards, using acceptable topsoil and automatically controlled permanent irrigation systems. 2. All proposed plant material shall be in accord with the American Association of Nurserymen standards in terms of size, character, and quality. 3. Trees planted within a sidewalk or other pedestrian traffic areas shall be installed with protective tree grates with expandable centers. The minimum size opening within the sidewalk shall be four feet by eight feet (4'x 8). 4. The following minimum plant sizes shall be required: TABLE 3-4F-1: MINIMUM PLANT SIZE STANDARDS Landscape Element (Plants Minimum Size At Planting Shade tree 2 inch caliper Ornamental tree 2 inch caliper Evergreen tree 7.5 feet in height Shrub 5 gallon container Parking lot shrub 5 gallon container Perennial or ornamental grass 1 1 gallon container Note: Caliper shall refer to the trunk diameter as measured 6 inches above ground level. S. All landscaped areas shall be provided with a permanent and automated underground irrigation system of such design and capacity to satisfactorily serve the landscaped areas. The Director finds that as conditioned, the landscape plans prepared by a licensed landscape design professional complies with ACC 8-417 of the Ada County Code. J. Maintenance and replacement of required landscaping and screening shall be the responsibility of the property owner. 1. All plant materials shall be pruned, trimmed, watered, and otherwise maintained to create an attractive appearance and a healthy growing condition. No trees shall be severely pruned or topped. 2. Dead, diseased, stolen, or vandalized plant materials shall be replaced by the next planting season. 3. Property owners shall keep landscaped areas free of weeds and trash. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 201701971 -MSP 10th & Fairview, LLC (Sodalicious) Page 4 4. Stolen, vandalized, or otherwise damaged fences and/or walls shall be replaced immediately. Fences and/or walls shall be maintained to create an attractive appearance. The Director finds that as conditioned, the applicant and/or owner shall be responsible for maintaining and replacing the required landscaping and screening. K. The director may approve, or recommend approval of, alternative landscaping and screening standards, as set forth in this article, when the followingfindings can be made: 1. The overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this article; 2. The existing conditions on or adjacent to the site including, but not limited to, differences in elevation, existing vegetation, or the location of existing structures or utilities would render application of the requirements of this article ineffective; and 3. The overall design shall not be detrimental to the public health, safety, and welfare. The Director finds that although the landscape buffer widths along the west, east and south property lines do not meet the minimum width of 6 -feet, due to the additional landscaping proposed, the existing conditions of the site (including its size), and that the overall design will not be detrimental to the public health, safety and welfare, the proposed design exceeds the intent of the requirements of this article and should be approved as proposed. 8-4F-6: PERIMETER LANDSCAPING AND SCREENING STANDARDS: A. Property Lines That Do Not Abut A Roadway: All principally permitted and accessory uses in the RP, RR, RUT, R1, R2, R4, R6 and R8 base districts as listed in tables 8-2A-1 and 8-2B-1 of this title shall be exempt from the regulations of this article. Requirements of this article may be modified or waived by the commission for conditional uses in the RP, RR, RUT, R1, R2, R4, R6 and R8 base districts as listed in tables 8-2A-1 and 8-2B-1 of this title. Where the dimensional standards for the base district of the subject property require a setback of ten feet (10) or more, the following shall apply, unless otherwise noted.• 1. The minimum depth of the landscaped area shall be six feet (6). 2. Abutting a residential district, a minimum of sixteen (16) landscape points shall be required per ten (10) linear feet. 3. Abutting a rural, commercial or industrial district, a minimum of eight (8) landscape points shall be required per ten (10) linear feet. 4. The director may waive perimeter landscaping requirements along portions of property lines not abutting a roadway where needed to FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 201701971 -MSP 10th & Fairview, LLC (Sodalicious) Page 5 accommodate construction of vehicular cross -access across property lines and where cross -access easements to adjacent properties are provided. The Director finds that the applicant submitted landscape pians that meet the total minimum point requirement for all boundaries of the property. • The east, west, and south property lines total 345 linear feet in length and are all adjacent to Commercial Districts. A minimum of sixteen (8) landscape points per ten (10) linear feet and 6 -feet in width is required adjacent to commercial districts. Therefore, the minimum requirement is 345LF/10 = 35 * 8 = 280 points. The applicant is proposing 291 points and 5 -feet in width adjacent to the west, south and the majority of the east property line. There is a portion of the east property line buffer that is 13 -feet in width for the first 50 -feet. 0 The north property line adjacent to Fairview Avenue is 56 linear feet in length (minus the driveway approach) and abuts commercial districts. A minimum of ten (10) landscape points per ten (10) linear feet and 10 -feet in width is required adjacent to an arterial street abutting a commercial district. Therefore, the minimum requirement is 56LF/10 = 6*10 = 60. The applicant is proposing 127 points. The total for all property lines, the applicant is proposing 418 points, which exceeds the minimum requirement of 340 points. Although the landscape buffers adjacent to the west, south and east property lines do not meet the minimum width requirement of six feet (6`), the Director finds that the landscaping buffer widths along the east, west, and south property lines have been existing for years and in accordance with Ada County Code 84174.K, the proposal exceeds the intent and is approved as proposed. B. Property Lines That Abut A Roadway: Enh yway corridors shall be as identified in the applicable comprehensive plan. Interstate, arterial, collector, and local streets shall be as identified by the Ada County long range highway and street map functional street classification system. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 201701971 -MSP 10th & Fairview, LLC (Sodalicious) Page 6 Minimum Depth Minimum Classification Of Street Of Landscaped Points Abutting Subject Property Area Required Per Ten Linear Feet Entry,A,ay corridor 30 feet 12 Interstate abutting residential district 50 22 Feet' Interstate abutting rural, commercial or industrial district 25 feet 18 Arterial, collector, or local street abutting rural or residential 20 feet 12 district Arterial, collector, or local street abutting commercial or 10 feet 10 industrial district Private road 5 feet 4 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 201701971 -MSP 10th & Fairview, LLC (Sodalicious) Page 6 Note: This standard may be reduced where the applicant provides a sound wall that mitigates noise levels to a comparable level as would be achieved by meeting the 50 foot separation. C. Required Number Of Landscaped Units: Required number of landscaped units shall be based on a proportional scale. For example, if the landscaped area were 440 linear feet and 8 units were required per 10 linear feet, the total required points would be 352 ([440. 10] x 8 = 352). D. Point Values: Table 8-4F-3 of this section specifies the point value for each landscape element. Landscape Element Unit Point Value Shade tree (drought tolerant or native) per tree 10 Shade tree (other) per tree J Ornamental tree (drought tolerant or native) per tree 7 Ornamental tree (other) per tree 6 Evergreen tree per tree 5 Shrub (drought tolerant or native) per shrub 3 Shrub (other) per shrub 1 Flowering plants per 5 plants 1 Ground cover (drought tolerant or native) per 100 square feet 3 Ground cover (other) per 100 square feet 1 Turf (drought tolerant or native) per 100 square feet 1 Turf (other) per 100 square feet 0.5 Berm' per 10 linear feet 4 Fence' per 10 linear feet 4 Wall' per 10 linear feet 4 Sound wall' per 10 linear feet 6 Boulderwith 6 foot or greater circumference per boulder 1 The Director finds that as evidenced in the record, the applicant has identified a landscape area adjacent to Fairview Avenue is in conformance with Ada County Code. The applicant is proposing thirteen (13') foot wide landscape buffers adjacent to Fairview Avenue, which meets the minimum requirement for property along an arterial roadway that abuts a commercial district. 8-4F-7: PARKING AREA LANDSCAPING AND SCREENING STANDARDS: A. The minimum perimeter landscaping for the parking area shall be as established in subsection 8 -4F -6A or B of this article as applicable. If perimeter landscaping is not required by section 8-4F-6 of this article to buffer an abutting district, the minimum width shall be six feet (6). The Director finds that although the landscape buffer widths along the west, east and south property lines do not meet the minimum width of 6 -feet, due to the additional landscaping proposed, the existing conditions of the site FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 201701971 -MSP 10th & Fairview, LLC (Sodalicious) Page 7 (including its size), and that the overall design, the proposal design exceeds the intent of the requirements of this article and should be approved as proposed in accordance with Ada County Code 8 -4F -4.K. B. Any area with plant materials shall be a minimum of forty eight (48) square feet, with the narrowest dimension not less than six feet (6). The Director finds that although the landscape buffer widths along the west, east and south property lines do not meet the minimum width of 6 -feet, due to the additional landscaping proposed, the existing conditions of the site (including its size), and that the overall design, the proposal design exceeds the intent of the requirements of this article and should be approved as proposed in accordance with Ada County Code 8-417-4.K. C. Within a commercial base district, parking lot landscaping shall include shade trees located to provide for adequate shade during the months of July, August, and September. The required percent of shade canopy shall be based on the number of parking spaces provided as follows: 1. Trees shall be shown at seventy five percent (7501o) maturity. 2. The percentage of area required to be shaded shall be the area of uncovered parking stalls and pedestrian routes only and shall not include driveways and interior traffic circulation aisles. The Director finds that the applicant is proposing five one (5) parking spaces. Pursuant to Ada County Code Section 8 -4F -7(C), fifty (50) percent of the parking area shall be shaded. The applicant submitted a site plan showing that three (3) of the parking stalls will be shaded. D. Berms, shrubs, and low walls (36 inches or less in height) shall be used to screen parking areas from public sidewalks. Shrub species shall be selected that do not exceed a height of thirty six inches (36'). The Director finds that there is existing berming along the Fairview Avenue in compliance with Ada County Code. E. Where landscaping elements abut parking spaces, the applicant shall provide curbs, wheel stops, or two feet (2) of additional landscaping planted in ground cover to protect shrubs and trees from damage by vehicles. The Director finds that the proposed parking spaces provide curbing and landscaping in accordance with Ada County Code. F. Pedestrian access shall meet the requirements of subsection 8 -4E -4B of this FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 201701971 -MSP 10th & Fairview, LLC (Sodalicious) Page 8 The Director finds that the applicant is proposing pedestrian access to the parking areas to the north. The existing asphalt is adequate to provide access to the parking area. Additionally, the site plan shows the existing five foot wide sidewalks along Fairview Avenue. D. The proposed parking and loading spaces meet the requirements of article G of this chapter•, The Director finds that as conditioned, the proposed parking spaces meet the requirements of Article G of Chapter 4. The applicant, as evidenced in the record, has identified that the proposed building will be a retail use. Therefore, the Director finds that the required number of parking spaces shall be based on retail use, which is one (1) per 500 square feet of gross floor area. The number of parking spaces needed for the existing building is two (2) parking spaces as the square footage of the structure is 984 square feet. The project site plan depicts a total of one (1) parking space for customers, four (4) parking spaces for employees, and one ADA parking space with this project. Ada County Code 8 -4G -6.E allows reserved parking spaces to count as 0.8 towards the required number of parking spaces. Therefore, the applicant's proposal meets Ada County Code requirements for total parking spaces provided. The applicant is proposing one (1) ninety degree (90°) parking space at the front (north) area of the property is proposed to be nine (9') feet in width and twenty (20') feet in length, which meets Ada County Code dimensional standards as identified in Section 8-4G. The applicant is proposing four (4) zero degree (0°) parking space at the rear (south) and side (east) area of the property and are proposed to be nine (8'6") feet in width and twenty three (23') feet in length. Ada County Code Section 8-4G requires that this type of parking requires that the space be nine (9') feet in width. The Director finds that as conditioned, the applicant and/or owner shall be required to submit a revised parking plan that identifies that the zero degree (0) parking spaces be a minimum of nine (9') feet in width. Since the property is located in Meridian's Area of Impact, one (1) bicycle parking space is required to be provided. Although the detailed letter from the applicant identifies that they will provide a bicycle parking space near the front of the building, the location is not identified on the master site plan. Therefore, the Director finds that applicant shall be required to submit a revised master site plan showing the location of the bicycle parking rack and provide a detail for the proposed bicycle parking rack. E. The proposed lighting plan meets the requirements of article H of this chapter; The Director finds that the applicant has submitted a lighting plan in accordance with Article 8-41-1 of the Ada County Code. F. The proposed master site plan complies with the applicable base district standards, overlay district standards, and specific use standards of this title; FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 201701971 -MSP 10th & Fairview, LLC (Sodalicious) Page 9 The Director finds that the proposed master site plan complies with the applicable design and dimensional standards of Chapter 2 of the Ada County Zoning Ordinance due to the following: a) The subject property, which includes approximately .25 acres (10,890 square feet), which exceeds the minimum property size requirement of 6,000 square feet within the C2 District; b) The subject property has approximately eighty five (85') feet of roadway frontage along E. Five Mile Road, which within the C2 District requires a minimum thirty (30) feet of street frontage; c) The property is located in the Community Commercial (C2) District. The master site plan shows that the restaurant building complies with the minimum setback requirements of twenty (20) feet from the front property line and twenty (20) feet from the side street setback. G. The proposed master site plan is consistent with the APA ridge to rivers pathways plan, and,- The nd;The Director finds that the property is not identified in the Ada County Ridge -To - Rivers Pathway Plan; therefore, does this does not apply. H. Adequate utilities and public services are available or provided for the proposed development, and the development would not be premature by reason of lack of utilities, transportation, schools, fare protection, or other essential services. The Director finds that there are adequate public services available to the site for the use because it is currently served by Meridian City Water, is located in the Meridian Fire District, adequate parking is proposed in the parking lot, and the property will connected to Meridian City Sewer. The application was transmitted to applicable agencies on October 11, 2017. The Ada County Building Official replied that they have no objection to the proposed master site plan; however, the applicant should be aware that a building permit to add the drive up window will be required and the plans will have to be designed by a licensed architect and include an architectural code analysis. The Nampa & Meridian Irrigation District responded that all private laterals and waste ways must be protected. All municipal surface drainage must be retained on- site. If any surface drainage leaves the site, NMID must review drainage plans. The developer must comply with Idaho Code 31-3805. The Ada County Engineer responded with the following conditions of approval: 1) A Drainage Study and Drainage Plan needs to be submitted in accordance with Ada County Code Section 8-4A-11. 2) The applicant shall comply with all ACRD recommendations. 3) If applicable, the applicant shall perpetuate any existing local irrigation/drain ditches that cross the property and provide evidence of approval from the local irrigation district. 4) The applicant/engineer of record shall schedule a final inspection with me upon completion of the project. 5) At the conclusion of the FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 201701971 -MSP 10th & Fairview, LLC (Sodalicious) Page 10 approved work, the engineer of record shall submit a letter stating that the work has been executed in compliance with the approved plans. The Ada County Highway District responded with the following conditions of approval: 1) Pay a traffic impact fee. A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a building permit by the lead agency. 2) Comply with all ACHD Policies and ACHD Standard Conditions of Approval for any improvements or work in the right-of-way. 3) Obtain a permit for any work in the right-of-way prior to the construction, repair, or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc.). 3. The Director finds Section 8-5-3-35 of the Ada County Code is applicable because the applicant has applied for a drive up window services on an existing retail building. The Director finds that the application complies with the specific use standards found in Section 8-5-3-35 of the Ada County Code: A. All businesses providing drive -up window service shall idents the stacking lane, menu and speaker location (if applicable), and window location on the master site plan. The Director finds that as evidenced by the submitted site plan, the stacking lane, and menu locations have been identified. The Director finds that the applicant has identified in the detailed letter that a speaker not is proposed as part of this application; therefore, as conditioned, is not approved as part of this application. The Director finds that the submitted site plan does not identify the drive up window location; therefore, the applicant shall submit an updated master site plan that identifies the drive up window location. B. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right of way by patrons. The stacking lane shall be a separate large from the circulation lanes needed for access and parking. The stacking lane shall not be located within ten feet (10 ) of any residential district. The Director finds that as evidenced by the submitted site plan, the stacking lane appears to have sufficient capacity to prevent obstruction of the public right of way by patrons. The submitted site plan shows the stacking lane as a separate late from circulation lanes needed for access and parking. The stacking lane is not located within ten feet (10') of a residential district. C. Any outdoor speaker system associated with the drive -up window service shall comply with the noise regulations of section 5-13-3 of this code. The Director finds that the applicant has identified that there will not be an outdoor speaker system. The Director finds that as conditioned, the applicant will be required to comply with the noise regulations of section 5-13-3 of the Ada County Code. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 201701971 -MSP 10th & Fairview, LLC (Sodalicious) Page 11 CONCLUSIONS OF LAW If any of these Conclusions of Law are deemed to be Findings of Fact they are incorporated into the Findings of Fact section. The Director concludes that Project No. 201701971 -MSP complies with the City of Meridian Comprehensive Plan as adopted by Ada County. 2. The Director concludes that Project No. 201701971 -MSP complies with Article 84E of the Ada County Code. The Director concludes that Project No. 201701971 -MSP complies with Section 8-5-3-35 of the Ada County Code. 1'1 Based upon the Findings of Fact and Conclusions of Law contained herein, the Director approves Project No. 201701971 -MSP, subject to the Conditions of Approval attached as Exhibit A and the Master Site Plan dated October 5, 2017. DATED this 2nd day of November, 2017. By: Kristy Inselman, Associate Planner Ada County Development Services FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 201701971 -MSP 10th & Fairview, LLC (Sodalicious) Page 12 REQUIRED ACTIONS. THE FOLLOWING LIST DETAILS THE TASKS THAT MUST BE COMPLETED BEFORE THE APPROVAL OF PROJECT NO. 201701971 MSP WILL BE CONSIDERED FINAL. THE APPLICANT AND/OR OWNER HAVE UNTIL NOVEMBER 2, 2019 TO COMPLETE THE REQUIRED ACTIONS AND TO OBTAIN A ZONING CERTIFICATE UNLESS A TIME EXTENSION IS GRANTED. THIS TENTATIVE APPROVAL SHALL BECOME VOID IF A VALID ZONING CERTIFICATE HAS NOT BEEN ISSUED BY THAT DATE. Required Actions 1. The applicant and/or owner shall obtain written approval of the development (site plan and/or use) from the agencies noted below. All site improvements are prohibited prior to approval from these agencies. a) Meridian Sewer District must approve the sewer connection. b) The Meridian Fire District must approval all fire flow requirements and/or building plans. c) The applicant and/or owner shall satisfy ACHD's site specific requirements and pay the applicable traffic impact fees. d) The County Engineer must approve a surface drainage run-off plan. The plan shall contain all proposed site grading. The plan shall be designed and constructed in conformance with standards contained in "Catalog for Best Management Practices for Idaho Cities and Counties." Please contact the County Engineer at 287-7900 for fee and application information. See Section 8-4A-11 of the Ada County Code for drainage plan standards. 2. The applicant and/or owner shall submit a revised master site plan/parking plan for review and approval by the Director prior to any site improvements or the zoning certificate being issued addressing the following items: a) Identify that the zero degree (0) parking spaces adjacent to the south and east property lines to be a minimum of nine (9') feet in width. b) Show the location of the bicycle parking rack and provide a detail for the proposed bicycle parking rack. c) Identify the drive up window location. d) Identify the signage location. 3. If required by the Ada County Building Code as set forth in Title 7, Chapter 2, of the Ada County Code, the applicant and/or owner shall obtain a building permit prior to commencing any development. Please contact the County Building Official at 364-2277 for fee and application information. The design and construction of the development shall comply with the approved and stamped master site plan and the Ada County Code. 4. Once construction is complete, the applicant shall request a zoning compliance inspection from the Development Services Department. Staff will check for compliance with the approved master site plan. The Director must approve any modification and/or expansion to the master site plan. See Section 8-4E-3 of the Ada County Code. CONDITIONS OF APPROVAL 201701971 -MSP 10th & Fairview, LLC (Sodalicious) Exhibit A Page 1 EXHIBIT A 5. The applicant and/or owner shall schedule a final inspection with the County Engineer upon completion of the project. At the conclusion of the approved drainage work, the Engineer of Record shall submit a report to the Director stating that the work has been executed in compliance with the approved plans. The applicant and/or owner shall perpetuate any existing local irrigation/drain ditches that cross the property and provide evidence of approval from the local irrigation district. 6. A Certificate of Occupancy will be issued when all of the above conditions have been met. In the event conditions cannot be met by the desired date of occupancy, the owner and/or applicant may request a surety agreement in lieu of completing the improvements. See Title 8, Chapter 4, Article K of the Ada County Code for the terms and regulations of surety agreements. TERMS OF APPROVAL. THE FOLLOWING TERMS MUST BE COMPLIED WITH AT ALL TIMES OR YOUR APPROVAL MAY BE REVOKED. 7. A zoning certificate and/or a building permit may not be issued until 15 days after the Director issues the written decision on the proposed development. In the event the decision of the Director is appealed, the building permit may not be issued until the appeal is resolved in favor of the proposed development. See Section 8-7-7 of the Ada County Code for more information on appeals. 8. The Director must approve any modification and/or expansion to the master site plan. See Section 8-4E-3 of the Ada County Code. 9. Any lighting on the site shall comply with the lighting regulations in Title 8, Chapter 4, Article H, of the Ada County Code. 10. The property must be managed and maintained consistent with the standard regulations in Title 8, Chapter 4, Article A of the Ada County Code. Please note that this Article contains specific regulations regarding the accumulation of junk, atmospheric emissions, construction sites, hazardous material storage, outdoor public address systems, outdoor storage of chemicals and fertilizers, transmission line corridors, and utilities. 11. The use must comply with the noise regulations in Ada County Code, Title 5, Chapter 13. 12. All private laterals and waste ways must be protected. All municipal surface drainage must be retained on-site. If any surface drainage leaves the site, NMID must review drainage plans. The developer must comply with Idaho Code 31-3805. 13. The applicant and/or owner shall be responsible for maintaining and replacing the required landscaping and screening. 14. No outdoor speaker system is approved with this application/use. CONDITIONS OF APPROVAL 201701971 -MSP 10th & Fairview, LLC (Sodalicious) Exhibit A Page 2 . . E[(('b.S'B 0( 60LE8 OHWI'35108 3Atl AL3tAtlitl3 3 SE01 915{8 UI'+�3 •dil 1-A -536111 2VI2JOCPII svdniw a pq sz� r - � ,C L .. •. ���� w �t7 �^ 8� a W oo a •• �t3 {uVS� tl o p�y' [�Y �w �' F� q�'a � o � Yg@@�� t �£ �o �� O�Fviaa L n AENn Flo oIV n a d ,C L