Application Materials
Development Application Transmittal
Link to Project Application: 840 E. Ustick Road AZ H-2019-0098
Transmittal Date: 9-23-3019 Hearing Date: 11-7-2019
Assigned Planner: Kevin Holmes
To view the City of Meridian Public Records Repository, Click Here
The above “Link to Project Application” will provide you with any further information
on the project.
The City of Meridian is requesting comments and recommendations on the application
referenced above. To review the application and project information please click on the
application link above. The City of Meridian values transparency and makes a variety of
information available to the public online through our public records repository.
We request that you submit your comments or recommendations prior to the hearing date
specified above. When responding, please reference the file number of the project. If
responding by email, please send comments to cityclerk@meridiancity.org.
For additional information associated with this application please contact the City of
Meridian Planner identified above at 208-884-5533.
Thank you,
City Clerk’s Office
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208.888.4433|Email: cityclerk@meridiancity.org
Built for Business, Designed for Living
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.
Hearing Date: November 7, 2019
File No.: H-2019-0098
Project Name: 840 E. Ustick Rd.
Request: Request for annexation and zoning of 2.29 acres of land with an R-4 zoning district, by
Scott Lamm.
Location: The site is located at 840 E. Ustick Road, in the SW 1/4 of the SE 1/4 of Section 31, Township
4N., Range 1E.
ECEIVE
(:�WENty Planning Division
DEVEL MENT REVIEW APPLICATION
BY•
STAFF USE ONLY: _ n I
Project name: 0 �• a 1r`ck Kd -
File number(s): L /
Assigned Planner:U I Related files:
Type of Review Requested (check all that apply)
❑ Accessory Use (check only 1)
❑ Final Plat Modification
❑ Daycare
❑ Landscape Plan Modification
❑ Home Occupation
❑ Preliminary Plat
❑ Home Occupation/Instruction for 7 or more
❑ Private Street
❑ Administrative Design Review
❑ Property Boundary Adjustment
❑ Alternative Compliance
❑ Rezone
19 Annexation and Zoning
❑ Short Plat
❑ Certificate of Zoning Compliance
❑ Time Extension (check only 1)
❑ City Council Review
❑ Director
❑ Comprehensive Plan Map Amendment
❑ Commission
❑ Comprehensive Plan Text Amendment
❑ UDC Text Amendment
❑ Conditional Use Permit
❑ Vacation (check only 1)
❑ Conditional Use Modification (check only 1)
❑ Director
❑ Director
❑ Commission
❑ Commission
❑ Variance
❑ Development Agreement Modification
❑ Other
❑ Final Plat
Applicant Information
Applicant name: )(Ali (,.AMAX MF.l aej2-5ZLym % WLe T-m6m_ U.Phone: 209 25D IigOD
Applicant address: IZn & "t Cmyx nn(Z. Email: SOTTLAMAApQNlAll.•(Q 4
City:�N3LE State: Zip: D �
Applicant's interest in property: Own ❑ Rent ❑ Optioned ❑ Other
Owner name: _AME AS ASNE
Owner address:
City:
Phone:
Email:
State: Zip:
Agent/Contact name (e.g., architect, engineer, developer, representative): (i IA
Firm name:
Agent address:
City:
Primary contact is: 0. Applicant ❑ Owner ❑ Agent/Contact
Subject Property Information
Phone:
Email:
State: Zip: _
Location/street address::y�LIL Kr) . Township, range, section: SWy SEH SEG 31 ylr iE
Assessor's parcel number(s): 5053 143MTotal acreage: Oa. Zoning district:
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org-/planning J
-1 Rev: (2/2/2018)
Project/subdivisionname: 7Nt E iTiA lzo
General description of proposed project/request: ANNEY QAIWEL °f REZONC It
Proposed zoning district(s):
Acres of each zone proposed: AMN - Z AUZQ;
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? NOME ' N IA►
Which irrigation district does this property lie within? W AcMPA M0 ID(AN W(AT1D&t
Primary irrigation source: i—LWD URR1W4S1 W Secondary:
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): A wn% . 2 A 2K
Residential Project Summary (if 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):
Acreage of qualified open space:
4 or more bedrooms:
Maximum building height:
Average property size (s.f.):
Net density (Per UDC 11-1A-1):
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 ❑ Single-family Attached ❑ Townhouse
❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other
Non-residential Project Summary (if applicable)
Number of building lots: _
Gross floor area proposed:
Hours of operation (days and hours):
Total number of parking spaces provided
Authorization
Print applicant name((
Applicant signature: 1
Common lots: Other lots:
Existing (if applicable):
Building height:
Number of compact spaces provided:
• M EMPAZ - SIW ER MaPLt TAMS , UJ
Date: 112
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/plannin2
-2- Rev: (2/8/2018)
Scott Lamm
1775 W State St #201
Boise, ID 83702
C 208 250 4400
E scottlamm@gmail.com
August 13, 2019
RE: Narrative of Application
Dear City of Meridian,
We would like to Annex the property located at 840 E Ustick Rd in
Meridian. Ada County Assessor has described the property as const-
ing of 2.16 acres. The property is more specifically described as:
• PAR #8475 OF SW4SE4 SEC 31 4N 1 E
We are seeking the property to be annexed in to the city and to be
rezoned from a current designation of RUT, to a new designation of
R4. Further, we are planning to connect the house on the property up
to city water and city sewer services.
For questions or next steps, please reach out to us.
Regards,
wrr lWIAV—
Scott Lamm & Lou Piccioni - Members
Silver Maple Farms, LLC
EXHIBIT A
The following describes a Parcel of Land being Parcel "A" as shown on Record of Survey No, 11334, lying in a
portion of the SW 1/4 SE 1/4 of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County Idaho,
and more particularly described as follows:
COMMENCING at a found Brass Cap Marking the Southwest Comer of the SW 1/4 SE 1/4 (South 1/4 Corner) of
said Section 31; From which, the Southeast Comer of said Section 31 bears, South 894720" East, 2,649.26 feet
which is being Monumented with a found Brass Cap; Thence along Southerly Boundary Line of the SW 1/4 SE 114
of said Section 31, South 89047'20" East, 116.27 feet (formerly Described as East, 116 feet);</b><b>
Thence leaving said Southerly Boundary Line, and along the Easterly Boundary Line of Record of Survey No. 9145,
and its Prolongation, North 00°12'34" East (Formerly Described as North), 43.50 feet to a set 518" iron pin with
Plastic Cap "Koerner PLS 8251" on the Northerly Right of Way Line of East Ustick Road, the POINT OF
BEGINNING:
Thence continuing along the Easterly Boundary Line of Record of Survey No. 9145, and its Prolongation, North
00112'34" East (Formerly Described as North), 387.00 feet to a found 1/2" iron Pin with Plastic Cap "PLS 3627"
Marking the Northeast Corner of Parcel "2" of said Record of Survey, and also being the Comer Common with Lots
13 & 14, Block 1 of Weaver Acres No. II Subdivision as filed for Record in Book 38 of Plats at Page 3203, Records
of Ada County, Idaho,
Thence leaving said Easterly Boundary Line, and along the Southerly Boundary Line of said Weaver Acres No. I1
Subdivision, South 78°18'07" East, 218.31 feet (Formerly Described as South 8930' East, 218.3 feet) to a set 5/8"
iron pin with Plastic Cap "Koerner PLS 8251 ";
Thence continuing, South 89047'20" East, 93.00 feet (Formerly Described as East, 93 feet) to set 5/8" iron pin with
Plastic Cap "Koerner PLS 8251 " Marking the Southeast Corner of said Weaver Acres No. II Subdivision, and also
being a point on the Westerly Boundary Line of Patrick Subdivision as filed for Record in Book 69 of Plats at Page
7035, Records of Ada County, Idaho;
Thence leaving said Southerly Boundary Line and along the Westerly Boundary Line of said Patrick Subdivision,
South 00°12'45" West (Formerly Described as South), 163.54 feet to a set 5/8" iron pin with Plastic Cap "Koerner
PLS 8251';
Thence leaving said Westerly Boundary Line North 89°47`20" West, 108.31 feet to a set 518" iron pin with Plastic
Cap "Koerner PLS 8251 ";
Thence, South 00°57'20" East (Formerly Described as South 01°10' West), 180.02 feet to a set 5/8" iron pin with
Plastic Cap "Koerner PLS 8251" on the Northerly Right of Way Line of East Ustick Road;
Thence along the Northerly Right of Way Line of East Ustick Road, North 89147'20" West (Formerly Described as
West), 202.27 feet to the POINT OF BEGINNING.
Page 2 of 2
08/13/2019 9:20 AM
CI nj�
/ 0 S"s LAND SURVEYING PLLC
1 L �
I
Pete Snider
Date: 1/15/18
Job No.: 8917
EXHIBIT "A"
ANNEXATION PARCEL DESCRIPTION
The following Describes a Parcel of Land being a portion of the SW 1/4 SE 1/4 of Section 31,
Township 4 North, Range 1 East, Boise Meridian, Meridian, Ada County Idaho, and more
particularly described as follows:
COMMENCING at a found Brass Cap Marking the Southwest Corner of the SW 1/4 SE 1/4 (South
1/4 Corner) of said Section 31; From which, the Southeast Corner of said Section 31 bears,
South 89°47'20" East, 2,649.26 feet which is being Monumented with a found Brass Cap;
Thence along Southerly Boundary Line of the SW 1/4 SE 1/4 of said Section 31, South
89°47'20" East, 116.27 feet to the POINT OF BEGINNING:
Thence leaving said Southerly Boundary Line, and along the Easterly Boundary Line of Record of
Survey No. 9145, and its Prolongation, North 00°12'34" East 430.50 feet to a found 1/2"
iron pin with Plastic Cap "PLS 3627" Marking the Northeast Corner of Parcel "2" of said
Record of Survey, and also being the Corner Common with Lots 13 & 14, Block 1 of
Weaver Acres No. II Subdivision as filed for Record in Book 38 of Plats at Page 3203,
Records of Ada County, Idaho.
Thence leaving said Easterly Boundary Line, and its Prolongation, and along the Southerly
Boundary Line of said Weaver Acres No. II Subdivision, South 78°18'07" East, 218.31 feet
to a set 5/8" iron pin with Plastic Cap "Koerner PLS 8251 ";
Thence continuing, South 89°47'20" East, 93.00 feet to set 5/8" iron pin with Plastic Cap "Koerner
PLS 8251" Marking the Southeast Corner of said Weaver Acres No. II Subdivision, and
also being a point on the Westerly Boundary Line of Patrick Subdivision as filed for Record
in Book 69 of Plats at Page 7035, Records of Ada County, Idaho;
Thence leaving said Southerly Boundary Line, and along the Westerly Boundary Line of said
Patrick Subdivision, South 00°12'45" West, 163.54 feet to a set 5/8" iron pin with Plastic
Cap "Koerner PLS 8251 ";
Thence leaving said Westerly Boundary Line, North 89°47'20" West, 108.31 feet to a set 5/8" iron
pin with Plastic Cap "Koerner PLS 8251 ";
Thence, South 00°57'20" East, 223.53 feet to a point on the Southerly Boundary Line of the SW
1/4 SE 1/4 of said Section 31;
Thence along the Southerly Boundary Line of the SW 1/4 SE 1/4 of said Section 31, North
89047'20" West, 203.15 feet to the PONT OF BEGINNING:
The above Described Parcel of Land contains 2.29 Acres (99,739 Sq. Ft.), more or less.
0
623 11th Ave. South, Nampa, ID 83651 T. (208) 442-0115 ° C. (208) 608-2510 � lkoerner.cls@gmail.com'
EXH 1131T "B"
LOCATED IN THE SW1/4 SE1/4 OF SECTION 31
T. 4 N., R. 1 E., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO
JN 8917
2329.83'
Scale: 1" = 80'
U D
COMPASS LAND SURVEYING, PLLC
623 11th Avenue South Nampa, ID 83651
Office: (208) 442-0115 Fax: (208) 327-2106
LOT 13,
BLOCK 1
_ —
5�,8°�8%98B003138,
WEAVER ACRES Naff'PLS\
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PAGE 3203
S 89047'20" E
'
93.00'
40
4�
ANNEXATION PARCEL
Area: 99,739 Sq
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2.29 Acres
89°47'20" W 108.31'
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POINT OF
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R/W
R/W
31 116.27'
BEGINNING
6w
N 89047'20"W
203.15'
S 89047'20" E 2649.26'
BASIS OF BEARINGS:
_ . ®A --
EAST LISTICK ROAD
JN 8917
2329.83'
Scale: 1" = 80'
U D
COMPASS LAND SURVEYING, PLLC
623 11th Avenue South Nampa, ID 83651
Office: (208) 442-0115 Fax: (208) 327-2106
PioneeriltleCo.
GOING BEYOND
8151 W. Rifleman Street
Boise, ID 83704
ELECTRONICALLY RECORDED -DO NOT
REMOVE THE COUNTY STAMPED FIRST
PAGE AS IT IS NOW INCORPORATED AS
PART OF THE ORIGINAL DOCUMENT
File No. 681023 MV/PP
ADA COUNTY RECORDER Phil McGrane 2019-045253
BOISE IDAHO Pgs=2 BONNIE OBERBILLIG 05/29/2019 03:20 PM
PIONEER TITLE COMPANY OF ADA COUNTY $15.00
WARRANTY DECD
For Value Received Peter F. Snider, Successor Trustee of The Snider Family Trust under Trust
Agreement dated effective June 8, 1999
hereinafter referred to as Grantor, does hereby grant, bargain, sell, warrant and convey unto
Silver Maple Farms, LLC, an Idaho limited liability company
hereinafter referred to as Grantee, whose current address is 1217 E. Lone Creek Dr., Eagle, ID 83616
The following described premises, to -wit:
See Exhibit A attached hereto and made a pail hereof.
To 14AVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and
Grantees(s) heirs and assigns forever. And the said Grantor(s) does (do) hereby covenant to and with the
said Grantee(s), the Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are
free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those
made, suffered or done by the Grantee(s); and subject to U.S. Patent reservations, restrictions,
dedications, easements, rights of way and agreements, (if any) of record, and current years taxes, levies,
and assessments, includes irrigation and utility assessments, (if any) which are not yet due and payable,
and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever.
Dated: May 14, 2019
Peter F. ider Succes Trustee of The Snider Family Trust U/T/A dated June 8, 1999
Peter F. Snider, Successor Trustee
State of Idaho, County of Ada
This record was acknowledged before me o� by Peter F. Snider Successor Trustee of The Snider
Family Tnpt--U/T/A dated
�ffj? 'l� � � MARIA ItO ty 11 A.4
7 t)PrtMl0_ #2#tti
PI47'iAf11' pti6LIC
Signature of notary public1AI< tit IfaA4:
Commission Expires:
RESIDING IN EAGLE, ID
COMMISSION EXPIRES AUG 13, 2022
Page 1 of 2
08/13/2019 9:20 AM
OPERATING AGREEMENT OF
SILVER MAPLE FARMS, LLC
an Idaho Limited Liability Company
The undersigned, desiring to form a limited liability company under the Idaho Limited
Liability Company Act (the "Act"), hereby agree as follows:
ARTICLE 1
Formation
1.1 Name. The naive of the limited liability company (the "Company" or "LLC") is
SILVER MAPLE FARMS, LLC.
1.2 Articles of Organization. Articles of Organization (the "Articles") have been or
will be filed with the Corporation Division of the Idaho Secretary of State within 30 days of the
execution of this Agreement.
1.3 Duration. The LLC's existence shall be perpetual, unless earlier dissolved as
provided in this operating agreement (the "Agreement").
1.4 Principal Place of Business. The principal of office of the LLC shall initially be
at 1217 E Lone Creek Dr. Eagle, ID 83616. The members may relocate the principal office or
establish additional offices from time to time.
1.5 Registered Office and Registered Agent. The LLC's initial registered office
shall be at 1217 E Lone Creek Dr. Eagle, ID 83616 and the name of its initial registered agent at
such address shall be Lou Piccioni.
1.6 Nature of Business. The LLC may engage in any lawful business. The initial
principal business of the LLC will be real estate investments. The LLC shall have the authority
to do all things necessary and convenient to accomplish its purpose and operate its business.
1.7 Title to Property. All LLC property shall be owned by the LLC as an entity and
no member shall have any ownership interest in such property in the member's individual name
or right, and each member's interest in the LLC shall be personal property for all purposes.
Except as otherwise provided in this Agreement or mutually agreed upon in writing by all of the
members, the LLC shall hold all LLC property in the name of the LLC and not in the name or
names of any member or members.
1.8 Payments of Individual Obligations. The LLC's credit and assets shall be used
solely for the benefit of the LLC, and no asset of the LLC shall be transferred or encumbered for
or in payment of any individual obligation of any member unless otherwise provided for herein.
OPERATING AGREEMENT
ARTICLE 2
Members, Contributions and Interests
2.1 Initial Members and Contributions. The names of the initial members of the
LLC, their initial capital contributions, and their initial member shares in the LLC are set forth
below.
Name
Contribution
Member Shares
Member %
Scott Larmn
$180,000.00
100
50%
Lou Piccioni
$180,000.00
100
50%
Each member's percentage ownership interest at any time shall be the ratio of that member's
initial Ownership Interest as set forth above.
2.2 Other Business of Members. Any member may engage independently or with
others in other business and investment ventures of every nature and description and shall have
no obligation to account to the LLC for such business or investments or for business or
investment opportunities.
2.3 Additional Members. Additional members shall not be admitted except upon the
affirmative vote of members holding Ownership Interests equal to 100 percent of all Ownership
Interests. Upon a favorable vote, the proposed member must sign a "Consent to be Bound"
wherein he agrees to be bound to all of the terms and conditions of this Agreement and any
amendment hereto.
2.4 Capital Accounts. The LLC shall establish and maintain capital accounts with
respect to each member in accordance with the following:
(a) Increases. Each member's capital account shall be increased by such
member's contributions, such member's distributive share of profits and any items in the nature
of income or gain which are specially allocated pursuant to Article 6 hereof, and the amount of
any LLC liabilities assumed by such member or which are secured by any LLC property
distributed to such member.
(b) Decreases. Each member's capital account shall be decreased by the
amount of cash and the value of any LLC property (other than cash) distributed to such member
pursuant to any provision of this Agreement, such member's distributive share of losses and any
items in the nature of expenses or losses which are specially allocated pursuant to Article 6
hereof, and the amount of any liabilities of such member assumed by the LLC or which are
secured by any property contributed by such member to the LLC.
(c) Distribution of Assets. If the LLC at any time distributes any of its
assets in-kind to any member, the capital accounts shall be adjusted to account for the that
OPERATING AGREEMENT
member's allocable share (as determined under Article 6 below) of the profits or losses that
would have been realized by the LLC had it sold the assets that were distributed at their
respective fair market values immediately prior to their distribution.
2.5 Loans to LLC. The members understand that from time to time it will be
necessary for the LLC to borrow funds. Upon the affinnative vote of members holding at least
65% of the Ownership Interests, all members agree that they will execute any and all documents
deemed necessary or appropriate for any such borrowing or loan to be made to the LLC,
excepting therefrom any personal guaranties, or like documents, from the members.
ARTICLE 3
Member Meetings
3.1 Meetings. A meeting of members shall be held if any member signs, dates, and
delivers to the LLC's principal office a written demand for the meeting, describing the purpose
or purposes for which it is to be held. Meetings of members shall be held at the principal office
of the LLC or any other place specified in the notice of meeting. Members may attend meetings
by telephone or videoconference.
3.2 Notice of Meeting. Notice of the date, time, and place of each members' meeting
shall be given to each member not earlier than 60 days nor less than 10 days before the meeting
date. The notice must include a description of the purpose or purposes for which the meeting is
called.
3.3 Record Date. The persons entitled to notice of and to vote at a members'
meeting, and their respective Ownership Interests, shall be determined as of the record date for
the meeting. The record date shall be a date, not earlier than 70 days nor less than 10 days before
the meeting, selected by the LLC. If the LLC does not specify a record date, the record date shall
be the date on which notice of the meeting was first mailed or otherwise delivered.
3.4 Quorum. The presence, in person or by proxy, of members holding at least
65 percent of the Ownership Interests shall constitute a quorum.
3.5 Proxies. A member may be represented at a meeting in person or by written
proxy.
3.6 Voting. On each matter requiring action by the members, each member shall be
entitled to vote the member's Ownership Interest. Except as otherwise provided herein, action by
the LLC shall require the vote of the members owning a majority of the Ownership Interests in
the LLC. In lieu of a vote, the members may take action by unanimous written consent.
3.7 Manamement Authority. Except as provided herein, each member shall have
authority to bind the LLC in the ordinary course of its business. However, without the consent of
a majority of the Ownership Interests, a member shall not, on behalf of the LLC, borrow or lend
money, or make, deliver or accept any commercial paper, or execute any mortgage, bond or
OPERATING AGREEMENT
lease, or purchase or contract to purchase, or sell or contract to sell, any property for or of the
LLC, other than the type of property bought and sold in the regular course of the LLC's business.
A member shall not, except with the unanimous consent of all of the Ownership Interests, assign,
mortgage or sell the member's interest in the LLC or in its capital assets or property, or enter into
any agreement as a result of which any person shall become interested in the LLC, or do any acts
detrimental to the best interests of the LLC, or which would make it impossible to carry on the
ordinary business of the LLC.
ARTICLE 4
Actions Without Notice, Without Meeting or by Telephone
4.1 Meeting of All Members. Notwithstanding any other provision of this
Agreement, if all of the members shall hold a meeting at any time and place, such meeting shall
be valid without call or notice, and any lawful action taken at such meeting shall be the action of
the members.
4.2 Action Without Meeting. Any action required or permitted to be taken by the
members at a meeting may be taken without a meeting if a consent in writing, describing the
action taken, is signed by all members and is included in the minutes or filed with the LLC's
records of meetings.
4.3 Meetings by Telephone. Any meeting of the members may be held by
conference telephone or by any other means of communication by which all participants can hear
each other simultaneously during the meeting, and such participation shall constitute presence in
person at the meeting.
ARTICLE 5
Accounting and Records
5.1 Books of Account. The LLC's books and records, a register showing the names,
addresses, and Ownership Interests of the members, and this Agreement shall be maintained by
the LLC. Each member shall have access thereto at all reasonable times. The members shall keep
books and records of the operation of the LLC which are appropriate and adequate for the LLC's
business and for the carrying out of this Agreement.
5.2 Fiscal Year / Method of Accounting. The fiscal year of the LLC shall be the
calendar year. The LLC shall use the cash method of accounting for reporting purposes and for
income tax purposes.
5.3 Accounting Reports. Within 90 days after the close of each fiscal year, the LLC
shall cause each member to receive an unaudited report of the activities of the LLC for the
preceding fiscal year, including a copy of a balance sheet of the LLC as of the end of such year
and a statement of income or loss for such year.
5.4 Tax Returns. The members shall cause all required federal and state income tax
returns for the LLC to be prepared and timely filed with the appropriate authorities. Within 90
OPERATING AGREEMENT
days after the end of each fiscal year, each member shall be furnished a statement suitable for use
in the preparation of the member's income tax return, showing the amounts of any distributions,
contributions, gains, losses, profits, or credits allocated to the member during such fiscal year.
ARTICLE 6
Allocations and Distributions
6.1 Allocations of Income and Loss for Tax Purposes. After giving effect to the
special allocations set forth in Article 6 below, all items of income, gain, loss, deduction, and
credit shall be allocated among all members in proportion to their Ownership Interests; provided,
however, losses allocated to a member may not exceed the maximum amount of losses that can
be so allocated without causing any member to have an adjusted deficit at the end of any fiscal
year.
6.2 Allocation Rules.
(a) For purposes of determining the profits, losses, or any other items
allocable to any period, profits, losses, and any such other items shall be detennined on a daily,
monthly, or other basis, as determined by the members using any pennissible method under
Code Section 706 and the Regulations thereunder.
(b) All allocations to the members are to be divided among thein in proportion
to the Ownership Interests held by each.
(c) The members are aware of the income tax consequences of the allocations
made by this Article 6 and hereby agree to be bound by the provisions of this Article 6 in
reporting their shares of LLC income and loss for income tax purposes.
6.3 Distributions. The LLC may make distributions from time to time upon the
unanimous consent of the members. All distributions shall be made in proportion to each
member's Ownership Interest unless otherwise agreed by all the members.
ARTICLE 7
Transfers of Interest
7.1 Restriction on Transfer. Each member agrees not to sell, transfer, convey,
encumber or pledge (voluntarily or involuntarily) or assign his/her interest in the LLC to anyone
other than an immediate family member without the consent of all the Ownership Interests,
without offering such interest to the Company or other Members as provided in Section 7.3, or as
provided in this Agreement. "Transfer" shall be construed as broadly as the law shall allow and
shall include any change of legal or beneficial ownership with respect to any ownership interest.
7.2 Withdrawal. No member shall have the right to withdraw from the LLC without
the consent of all of the Ownership Interests. A withdrawal in violation of this provision shall
OPERATING AGREEMENT
constitute a breach of this Agreement for which the LLC and the other members shall have the
remedies provided under applicable law.
7.3 Option to Acquire Member's Interest.
(a) Company's Right of First Refusal. A Member wishing to sell his/her/its
interest must first submit a written offer to sell to the Company. The Company shall then have
thirty (30) days following the receipt of the written offer in which to accept and purchase such
interest. The written offer to sell shall contain all of the terins of sale including, but not limited
to, the selling price and payment terins.
(b) Other Members' Rights of First Refusal. If the Company fails to purchase
within the thirty (30) day period, the other Members shall have a right of first refusal to purchase
the interest under the same terms offered the Company. Within ten (10) days of receipt of the
above described offer to sell from the selling Member to the Company, the Managing Member
shall send a copy of such offer to sell to each Member advising them that if the Company fails to
purchase the interest, the Members have a right to purchase the interest within thirty (30) days
after the expiration of the thirty (30) day period in which the Company has a right to purchase.
Any Member wishing to purchase any or all of the interest shall submit written notice to the
Managing Member stating the amount of the interest he/she/it wishes to purchase along with
payment of the purchase price. If the offer is oversubscribed, the Managing Member shall prorate
the interest to be sold among the Members wishing to purchase based on the Sharing Ratio of
each divided by the sun of the Sharing Ratios of all Members giving notice they will purchase.
If under this allocation a Member is to be allocated a greater portion of the interest then stated in
that Members notice of intent to purchase, the excess portion of the interest shall be allocated
amongst the other Members who submitted a notice of intent to purchase based on their relative
Sharing Ratios before taking into account the interest allocated to them under this paragraph.
(c) Sale to Others. Any portion of an interest offered for sale under this Section
to the Company and the other Members that is not so purchased, may be sold to any person
provided that the terms of such sale shall not be more advantageous to the buyer than those
described in the written offer to sell submitted to the Company and the other Members.
(d) Terms of Payment. Unless the parties to the purchase and sale otherwise
agree in writing, the purchase price determined under paragraph (b) above shall be payable as
follows:
(1) An amount equal to 10 percent of such purchase price shall be paid at
the closing.
(2) The balance of the purchase price shall be amortized over ten years
with monthly installments, which shall be due and payable together with interest at the Agreed
Rate (as defined below) on the same day of each month as the date of closing, with the balance
due and owing 36 months from the Closing. The portion of the purchase price deferred beyond
the due date of the payment under this paragraph shall be evidenced by the execution and
delivery (contemporaneously with such initial payment) of a promissory note of the Purchasing
OPERATING AGREEMENT
Member. The promissory note shall allow the prepayment, without penalty, of the outstanding
balance at any time and shall be unsecured.
(3) Interest payable under this Section 7.8 shall be at a rate (the "Agreed
Rate") equal to the prime lending rate at the time of the notice set forth in paragraph (a) above of
the bank of the LLC, and if none, Wells Fargo, Bank, Idaho, plus two points.
(d) Closing.
(1) Time and Place. The closing of a sale the Affected Member's interest
shall be held at the LLC office on a date designated by the Purchasing Member that is within 90
days after the purchase price has been determined.
(2) Transfer of Interest. At the closing, the Affected Member or the
personal representative of the Affected Member, as the case may be, shall assign to the
Purchasing Member all of his interest in the LLC, free and clear of all liens, claims and
encumbrances, and at the request of the Purchasing Member, the Affected Member shall execute
all other instruments as may reasonably be necessary to vest in the Purchasing Member all of his
right, title and interest in the LLC. The Purchasing Member shall also assume, and indemnify the
Affected Member in writing against, the obligations and liabilities of the LLC personally
guaranteed by the Affected Member; provided, however, that the Purchasing Member shall not
assume or indemnify the Affected Member, or his personal representative, with respect to any
obligations or liabilities resulting from a breach or default by the Affected Member under this
Agreement.
(3) Power of Attorney. If either the Affected Member, or his personal
representative, or the Purchasing Member fails or refuses to execute any instrument required by
paragraph (2) immediately above, the other party hereby grants an irrevocable power of attorney
to execute and deliver on behalf of the failing or refusing party all instruments required by said
paragraph (2) to be executed and delivered by said failing or refusing party.
(4) Rights and Remedies. In the event of a default by either the Affected
Member or the Purchasing Member under this Section 7.8, the non -defaulting party shall have
available to it all rights and remedies specifically granted by paragraph (3) immediately above as
well as by the other provisions of this Agreement.
(5) No Other Interest or Profits. Except for payments expressly
provided for in this Section 7.8, neither the Affected Member nor any legal representative of the
Affected Member shall be entitled to receive from the Purchasing Member or the LLC any
amount in respect of the Affected Member's interest in the LLC.
7.4 Effect of Purchase of Member's Interest. An Affected Member shall cease to
be a member of the LLC during the period the Purchasing Member is making payments to the
Affected Member, and shall have no rights as a member in the LLC.
OPERATING AGREEMENT
ARTICLE 8
8.1 Events of Dissolution. Except as otherwise provided in this Agreement, the LLC
shall dissolve upon the earlier o£ (i) the time, if any, for dissolution specified in the Articles; (ii)
the death, incompetence, withdrawal, expulsion, bankruptcy or dissolution of any member; or
(iii) approval of dissolution by a vote of all of the members. For purposes herein, bankruptcy
shall mean any of the following: a member makes an assignment for the benefit of creditors; a
member files a voluntary petition in bankruptcy; a member is adjudicated a bankrupt or
insolvent; a member files a petition seeking for the member any reorganization, arrangement,
composition, readjustment, liquidation, dissolution or similar relief under any statute, law or
regulation; a member files an answer or other pleading admitting or failing to contest the
material allegations of a petition filed against the member in any proceeding of the foregoing
nature; or a member seeks, consents to or acquiesces in the appointment of a trustee, receiver or
liquidator of the member or of all or any substantial part of the member's properties.
8.2 Effect of Death of a Member. In the event of the death of a member, the
remaining members may within 120 days elect to:
(a) Continue the LLC and admit the deceased member's spouse, estate or other
beneficiary as a member in place of the deceased member; or
(b) If there are at least two remaining members, continue the LLC among the
surviving members and purchase the interest of the deceased member pursuant to the provisions
of Sections 7.8 and 7.9.
The election shall be at the sole discretion of the remaining members and shall require the
unanimous consent of the remaining members' Ownership Interests. If the remaining members
do not so elect, the LLC shall be dissolved.
8.3 Effect of Other Dissolution Event. Upon the incompetence, withdrawal,
expulsion, bankruptcy or dissolution of a member, the LLC shall dissolve and its affairs be
wound up unless the remaining members, other than the member to whom the event described
above has occurred, consent to continue the business and affairs of the LLC within 120 days
after the event. Further, the remaining members shall have the right to purchase the interest of
the affected member pursuant to the provisions of Sections 7.8 and 7.9 below. The election to
continue the business and affairs of the LLC shall be at the sole discretion of the remaining
members and shall require the unanimous consent of their Ownership Interests. If the remaining
members do not so elect to continue the business and affairs of the LLC, the LLC shall be
dissolved.
8.4 Liquidation Upon Dissolution and Winding Up. Subject to the provisions set
forth herein, upon the occurrence of any event causing the dissolution of the LLC, the members
shall wind up its affairs. In such event, the LLC shall continue solely for the purposes of winding
up its affairs in an orderly manner, liquidating its assets, and satisfying the claims of its creditors
and the members shall take no action that is inconsistent with, or not necessary to or appropriate
OPERATING AGREEMENT
for, the winding up of the LLC's business and affairs. To the extent not inconsistent with the
foregoing, all obligations in this Agreement shall continue in full force and effect until such time
as the LLC's assets have been distributed as set forth in this Article 7. The members shall be
responsible for overseeing the winding up and dissolution of the LLC, shall take full account of
the LLC's liabilities and assets, shall cause the LLC property to be liquidated as promptly as is
consistent with obtaining the fair value thereof, and shall cause the proceeds therefrom, to the
extent sufficient therefor, to be applied and distributed in the following order:
(a) First, to the payment and discharge of all of the LLC's debts and liabilities to
creditors other than members;
(b) Second, to the payment and discharge of all of the LLC's debts and liabilities
to members;
(c) The balance, if any, to the members in accordance with their positive capital
accounts, after giving effect to all contributions, distributions, and allocations for all periods.
Any such distributions pursuant to this Section 7.6(c) shall be made by the end of the taxable
year of liquidation, or, if later, 90 days after the date of such liquidation.
The members shall receive no additional compensation for any services performed
pursuant to this Article 7.
8.5 Compliance With Regulations: Deficit Capital Accounts. In the event the LLC is
liquidated within the meaning of Regulation Section 1.704-1(b)(2)(ii)(g), distributions shall be
made pursuant to this Article 7 to the members who have positive capital accounts in compliance
with Regulations Section 1.704-1(b)(2)(il)(b)(2). If any member has a deficit capital account
balance (after giving effect to all contributions, distributions and allocations for all fiscal years,
including the fiscal year during which such liquidation occurs), such member shall have no
obligation to make any additional capital contribution with respect to such deficit, and such
deficit shall not be considered a debt owed to the LLC or to any other person for any purpose
whatsoever.
ARTICLE 9
Indemnification
9.1 Indemnification. The LLC shall indemnify each of its members to the fullest
extent permissible under Idaho law, as the same exists or may hereafter be amended, against all
liability, loss and costs (including, without limitation, attorney fees) incurred or suffered by such
person by reason of or arising from the fact that such person is or was a member of the LLC, or
is or was serving at the request of the LLC as a manager, director, of officer, partner, trustee,
employee, or agent of another foreign or domestic limited liability company, corporation,
partnership, joint venture, trust benefit plan, or other enterprise. The LLC may, by action of the
members, provide indemnification to employees and agents of the LLC who are not managers.
The indemnification provided in this Section shall not be exclusive of any other rights to which
OPERATING AGREEMENT
any person may be entitled under any statute, bylaw, agreement, resolution of members or
managers, contract, or otherwise.
9.2 Limitation of Liability. Members of the LLC shall not be liable to the LLC or its
members for monetary damages for conduct as members except to the extent that the Act, as it
now exists or may hereafter be amended, prohibits elimination or limitation of member liability.
No repeal or amendment of this Section or of the Act shall adversely affect any right or
protection of a member for actions or omissions prior to the repeal or amendment.
ARTICLE 10
Amendments
The members may amend or repeal the provisions of this Agreement by the unanimous
consent of all of the Ownership Interests set forth in writing or by action taken at a meeting of
members called for that purpose. This Agreement may not be amended or repealed by oral
agreement of the members.
ARTICLE 11
Miscellaneous
11.1 Additional Documents. Each member shall execute such additional documents
and take such actions as are reasonably requested by the members in order to complete or
confilln the transactions contemplated by this Agreement.
11.2 Counterparts. This Agreement may be executed in two or more counterparts,
which together shall constitute on agreement.
11.3 Governing Law. This Agreement shall be governed by Idaho law.
11.4 Headings. Headings in this Agreement are for convenience only and shall not
affect its meaning.
11.5 Severability. The invalidity or unenforceability of any provision of this
Agreement shall not affect the validity or enforceability of the remaining provisions.
11.6 Third -Party Beneficiaries. The provisions of this Agreement are intended solely
for the benefit of the members and shall create no rights or obligations enforceable by any third
party, including creditors of the LLC, except as otherwise provided by applicable law.
OPERATING AGREEMENT 10
ADOPTED as of May 12, 2019 by the undersigned, constituting all of the members.
SILVER MAPLE FARMS, LLC, an Idaho limited liability company:
Scott Lamin
Lou Piccioni
OPERATING AGREEMENT 11
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
M�Mir1z • ) rwglz Awe, A2MS . LLL 12 11 — `owt (AM l'�•
(name) (address)
3:DaqD $3WP
(city) (state)
being first duly sworn upon, oath, depose and say:
That I am the record owner of the property described on the attached, and I grant my
permission to:
Nun , 1211 LNF, (Reig Iz • 6 u, 2. 93KY
(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 this day of , 20__n
(Signature)
SUBSCRIBED AND SWORN to before me the day and yeazt(N(tao;�
ve written.
Erin Foley Public for Idaho)
""Mn 'O* Nu*ber, 20180948
Noary Pobtic
saaofla.ro Residing at: I -se
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MI !14
My Commission Expires: QS 1 %' a0 �,y
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.orgZplanning
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CITY OF MERIDIAN
PRE -APPLICATION MEETING NOTES
Project/Subdivision Name: 840 E. Ustick Rd. Date: 6/11/19
Applicant(s)/Contact(s): Scott Lamm, Lou Piccioni, Rick Roe
City Staff: Stephanie Bill Sonya, KennV, Steve
Location: 840 E. Ustick Rd. Size of Property: 2.09
Comprehensive Plan FLUM Designation: Low DensitV Residential (up to 3 du/acre)
Existing Use: SFR in County Existing Zoning: RUT
Proposed Use: SFR Proposed Zoning: R-4 or R-8_
Surrounding Uses: North: SFR, zoned R1; South: E. Ustick Rd. (arterial) and SFR sub. zoned R-8; West: SFR, zoned R-4; East: SFR
zoned RUT
Street Buffer(s) and/or Land Use Buffer(s): 25 -feet to E. Ustick Rd.
Open Space/Amenities/Pathways: None required for projects under 5 acres
Access/Stub Streets: Will require access to adjacent parcels (east & west)
Waterways/ Floodplain/Topography/Hazards: N/A
History: N/A
Additional Meeting Notes: Meet with staff again prior to application submittal
- Can request step-up in density (to MDR) before new Comp. Plan is adopted - need to provide reasoning behind request.
May not be well received since the Comp. Plan is currently being updated. Will depend on layout and project in general
- Will need to submit a Comprehensive Plan Map Amendment ($2,409) if requesting higher density after the Comp. Plan is
adopted.
- Coordinate with surrounding properties for integrated MDR product
- Check that parcel to the east (870 E. Ustick) is a legal parcel. Verify with deeds - needs to have been split prior to April 2,
1984. If split after 1984 both parcels will need to come in to the City to create legal parcels
- Would prefer several parcels to be included in development to integrate development, would also be easier to present
reasoning to Council
- Can submit a request to hook-up to City services prior to annexation - would be required to submit annexation application
with fees for sewer/water hook-up
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. J
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
❑
Central District Health Department
❑
Fire Department
❑
Other:
Application(s) Required:
❑
Administrative Design Review
❑
Conditional Use Permit Modification/Transfer
❑
Rezone
❑
Alternative Compliance
❑
Development Agreement Modification
❑
Short Plat
®
Annexation - $1,826
❑
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 -$2,104 + $160 + $25(# lots)
❑
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.
NEIGHBORHOOD MEETING SIGN IN SHEET
840 E USTICK ROAD MERIDIAN, IDAHO
AUGUST 20, 2019
2.) la g Ik 1
3.)&,:�,bW�Z zog'971 "lZ�ez-
vu
4,>�- 2� Zb8 371- ,-I q02
5.)
6.)
7.)
8.)
9.)
10.)
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 11-5A-5.
A t?��tT 12,qf-,�,eLMA, -MOM-13,07 �LVPZ- MAftt+-AQAS
Z01
AppKcaWt/ageht signature LLC 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_/planninR
Fwd: Address Verification Complete
Scott Lamm
Tue 9/3/2019 11:33 AM
To: The UPS Store #2218 <store2218@theupsstore.com>
Please print 1 copy of this email.
Sent from my iPhone
Begin forwarded message:
From: "noreply_@ meridiancity.org" <noreply_@meridiancity.org>
Date: September 3, 2019 at 11:06:41 AM MDT
To: <scottlamm@gmail.com>, <tricks@meridiancity.org>, <rbeecroft@meridiancity.org>
Subject: Address Verification Complete
Address verification is complete for record LDAV-2019-0584
Project: Ustick Rd Annexation
Parcel(s):
50531438476
Lot: null
Block: null
Subdivision: 4N 1E 31
50531438475
Lot: null
Block: null
Subdivision: 4N 1E 31
Comments:
The current parcel number for this property is 50531438475, but will change to
S0531438476 in 2020 City of Meridian
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208-888-4433
www.meridiancity.org
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to
the Idaho law, in regards to both release and retention, and may be released upon
request, unless exempt from disclosure by law.