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E IDIAN*---,--
IDAHO J
Mayor Tammy de Weerd
City Council Members:
Keith Bird Joe Borton
Luke Cavener Genesis Milam
Charlie Rountree David Zaremba
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 City Council please submit your
comments and recommendations to Meridian City Hall
Attn: Jaycee Holman, City Clerk, by: September 30, 2014
Transmittal Date: September 9, 2014 File No.: MDA 14-004
October 7 2014
Hearing Date.
Request: Public Hearing: Amend the recorded DA (Inst. #105184653 & #1o8101151) for the purpose
of excluding the property AND creating a new DA to include the project boundary and site plan
proposed with the Kinsley Subdivision
By: DL Evans Bank
Location of Property or Project: NEC of N. Ten Mile Road & W. Pine Avenue
Joe Marshall (No FP)
Scott Freeman (No FP)
Steven Yearsley (No FP)
Patrick Oliver (No FP)
Vacant (No FP)
Tammy de Weerd, Mayor
City Council
Sanitary Services (No VAR, vac, FP)
Building Department/ Rick Jackson
Fire Department
Police Department
City Attorney
City Public Works
City Planner
Parks Department
Economic Dev.
Your Concise Remarks:
Meridian School District (No FP)
Meridian Post Office (FP/PP/SHP only)
Ada County Highway District
Ada County Development Services
Central District Health
COMPASS (Comp Plan only)
Nampa Meridian Irrig. District
Settlers Irrig. District
Idaho Power Co. (FP,PP,CUP/SHP only)
Qwest (FP/PP/SHP only)
Intermountain Gas (FP/PP/SHP only)
Idaho Transportation Dept. (No FP)
Ada County Ass. Land Records
Downtown Projects:
Meridian Development Corp.
Historical Preservation Comm.
South of RR / SW Meridian:
NW Pipeline
New York Irrigation District
Boise-Kuna Irrigation District
Boise Project Board of Control/Tim Page
City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org
•
E IDIAN =-- Planning Division
COMMISSION & COUNCIL REVIEW APPLICATION
Type of Review Requested (check all that apply)
❑ Alternative Compliance
❑ Annexation and Zoning
❑ Comprehensive Plan Map Amendment
❑ Comprehensive Plan Text Amendment
El Conditional Use Permit
❑ Conditional Use Permit Modification
STAFF USE ONLY:
0 Development Agreement Modification
�r r _
File number(s): - '� "1 � 0
® Final Plat
❑ Final Plat Modification
M, pA -1 q _ d Z _1q-003
❑ Planned Unit Development
`�12
Project name: IN�tl;L!L
® Preliminary Plat
❑ Private Street
Date filed: Date complete:
El Rezone
❑ Short plat
Assigned Planner: / f
❑ Time Extension (Commission or Council)
Related files: _& -40 —40 /om—011-03 0
❑ UDC Text Amendment
Ll"y _d ro • D5' Ya
❑ Vacation (Council)
❑ Variance
Hearing date:/7 / &(Commission 11 Council
❑ Other
Applicant Information
Applicant name: DL Evans Bank Phone: 363-8484 Fax:
Applicant address: 213 N. 9th St. Boise zip: 83702 E-mail: jaauilar __dlevans.com
Applicant's interest in property: ® Own ❑ Rent ❑ Optioned ❑ Other
Owner name: same as applicant Phone: Fax:
Owner address: Zip: E-mail:
Agent name (e.g., architect, engineer, developer, representative): engineer
Firm name: The Land Group, Inc Phone: 939-4041 Fax:
Address: 462 E. Shore Dr. Eagle zip: 83616 E-mail:tamara elandaroupinc.cor
Primary contact is: ❑ Applicant ❑ Owner M Agent ❑ Other
Contact name: Tamara Thompson Phone:939-4041 Fax:
Contact address: 462 E. Shore Dr. Eagle zip: 83616 E-mail: tamara(@thelandgroupinc.con
Subject Property Information
Location/street address: 890 N. Ten Mlle Rd
Assessor's parcel number(s): S1211233735
Township, range, section: 3N, 1 W, 11 Total acreage: 2.39
Current land use: vacant Current zoning district: L -O and R-15
33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
1 (Rev. 02/08!2013)
Project Description •
Project/subdivision name: DL Evans
General description of proposed project/request: Divide the property into three parcels and rezone from
L -O and R-15 to C -C
Proposed zoning district(s): C -C
Acres of each zone proposed: L.JV
Type of use proposed (check all that apply):
❑ Residential 0 Commercial ❑ Office ❑ Industrial ❑ Other
Who will own & maintain the pressurized irrigation system in this development?
Which irrigation district does this property lie within? NMID
Primary irrigation source: NMID Secondary: City Water c�
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water):
NMID
Residential Project Summary (if applicable)
Number of residential units: NA Number of building lots:
Number of common lots:
Number of other lots:
Proposed number of dwelling units (for multi -family developments only): na
1 bedroom: 2 — 3 bedrooms: 4 or more bedrooms:
Minimum square footage of strucitZe(s) (excl. garage):
Minimum property size (s.f):
Gross density (DU/acre-total land):
Percentage of open space provided:
Percentage of qualified open space acreage:
Type of open space provided in acres (i.e. andscaping, I
Amenities provided with this develop ent (if applicable,
Proposed building height: _
Average property size (s.£):
Net density (DU/acre-excluding roads & alleys):
Acreage of open space:
(See Chapter 3, Article G, for qualified open space)
common, etc):
Type of dwelling(s) proposed: ❑/gingle-family Detached ❑ Single-family Attached ❑ Townhomes
❑ Duplexes ❑ Multi -family ❑ Other
Non-residential Project Summary (if applicable)
Number of building lots: 3 Other lots: 0
Gross floor area proposed: 14,950 SF
Hours of operation (days and hours): 5am to 11 pm
Existing (if applicable): na
Building height: per C -C code
Percentage of site/project devoted to the following:
Landscaping: 21.360,16 Building: 14.17% Paving: 64.47%
Total number of employees: 25-30 Number and ages of students/children (if applicable): na
Total number of parking spaces provided: 87 Number of compact spaces provided: 0
Authorization
Print applicant name:
Applicant
Date: 02.19.14
33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
2 (Rev. 02/08/2013)
THE LAND GROUP, INC.
March 12, 2014
Bill Parsons
Associate City Planner
City of Meridian — Planning Division
33 E. Broadway Ave, Suite 102
Meridian, ID 83642
RE: Rezone, Conditional Use Permit, Development Agreement Modification,
Combined Preliminary and Final Plat
Kinsley Subdivision
890 N. Ten Mile Road - NEC Ten Mile and Pine Roads, Meridian, ID
Dear Mr. Parsons:
This application includes parcel S1211233735 which totals 2.391 acres. Attached to this letter are applications
for:
• Rezone from L -O and R-15 to C -C
• Development Agreement Modification
• Conditional Use Permit for a drive-thru use and extended hours of operation,
• and a combined preliminary/final plat.
This property was previously annexed and zoned under the name of Valeri Heights Subdivision, applications AZ -
00 -006, CUP -00-014, PP -00-005 and associated Development Agreement (instrument #100103906) processed in
2000. The project was never commenced.
The property was included in the Sommersby Preliminary Plat and Conditional Use Permit (PP -04-035, CUP -04-
040) and Development Agreement Modification (instrument #105184653) processed in 2004-05; and
subsequent Development Agreement Modification (instrument #108101151) recorded in 2008. Sommersby
Subdivision #1 and #2 were finalized, this property is a remnant parcel of the expired preliminary plat.
The current owner, DL Evans Bank, acquired the property due to default and was not a party to the previous City
approvals.
Since the existing Development Agreement covers a much larger residential development, instead of modifying
the DA we propose to remove this property from the DA and start over with a new DA to include specific
conditions relating to the proposed rezone and commercial development plan.
The property is currently zoned L -O and R-15 in Meridian. The property is in the Meridian Impact Area and has a
future land use designation of Mixed Use Commercial (MU -C). The development applications propose to rezone
the property to Community Commercial (C -C), which is consistent with the MU -C comprehensive plan.
Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying
462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • www.thelandgroupinc.com
The combined preliminary & final plat includes 3 building lots. The development plan is for a bank with
associated drive thru on the corner and up to two retail buildings likely with drive thru uses. The current CUP for
the drive-through is specific to the bank only. We anticipate additional CUP's may be processed separately by
the individual retail operators. The Conditional use for the extended hours of operation is for the entire site.
The proposed hours of operation in the C -C zone is 6am —11pm. Due to the potential of a coffee house, we
propose hours of operation of Sam to midnight which is consistent with the nearby Fast Eddy's.
The DL Evans building elevations are included in the application. The other two buildings are conceptual in
nature; we've included pictures of Portico buildings for the design theme. The specific materials and design will
be finalized with staff during the design review process for each building.
The plat is submitted as a combination preliminary -final plat and will therefore be finalized in one phase. The
plat is in conformance with all requirements and provisions of the UDC with the exception of the requested
variances/council waivers listed below. The plat is in conformance with acceptable engineering, architectural
and surveying practices and local standards.
The vehicular access to the site will be from right-in/right-outs on both Pine and Ten Mile Road. The project
does not propose direct access to the private streets, W. Acarrera Lane and N. Alpha Lane. We have discussed
access with a representative of the home owners association, they feel commercial traffic on their residential
private streets is not appropriate, therefore will not grant the project the right to use the public streets.
Additionally, the proposed access is consistent with the access points south of the intersection. ACHD has
confirmed that a traffic study is not required.
The project includes ample landscaping adjacent to the residential uses. Multiple pedestrian paths are included
between the buildings as well as between the residential use, the public right of way, and the buildings.
Variances/Council waivers requested:
• Reduced landscape buffer along the east property line since there is parking and driveways to buffer the
residential use.
• Access to Pine and Ten Mile Road due to no other options. Access proposed as right -in, right -out on
both streets.
With the exception of the above, the project will comply with the requirements and conditions of the
preliminary plat, the City of Meridian UDC, and standard/local engineering, architectural and surveying
practices.
Thank you in advance for your consideration and support. We look forward to working with City staff to plan a
quality project of which we can all be proud.
Sincerely,
Tamara Thompson
The Land Group, Inc.
Jf
Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying
462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com
„y _ p Page 1 of 1
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THE LAND GROUP, INC.
January 7, 2014
Project No. 113116
Rezone Description
Kinsley Subdivision
3.42 Acres
Exhibit "A”
A tract of land situated in the Southwest One Quarter of the Northwest One Quarter of Section 11,
Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as
follows:
BEGINNING at the. West One Quarter Corner of said Section 11, thence following the
westerly line of said Section 11, North 0°00'06" West a distance of 528.30 feet;
Thence leaving said westerly line, North 89°59'20" East a distance of 193.99 feet;
Thence South 0°00'40" East a distance of 34.00 feet;
Thence North 89°59'20" East a distance of 81.00 feet;
Thence South 0°00'40" East a distance of 323.37 feet;
Thence South 89"59'20" West a distance of 3.00 feet;
Thence South 0°22'56" West a distance of 50.50 feet;
Thence South 89°37'04" East a distance of 55.12 feet;
Thence South 0°26'08" West a distance of 122.37 feet to the southerly line of the said
Southwest One Quarter of the Northwest One Quarter of Section 11.-
Thence
1;Thence following said southerly line, North 89°36'16" West a distance of 325.91 feet to the
POINT OF BEGINNING.
The above-described tract of land contains 3.42 acres more or less, subject to all existing easements
and rights-of-way.
Attached hereto is Exhibit "B" and by this reference is made a part hereof.
Prepared By: THE LAND GROUP, INC.
462 E. SHORE DRIVE, SUITE 100
EAGLE, IDAHO 83616
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Phone 208.939.4041-fax 208.939.4445
Kinsley Subdivision
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Rezone Exhibit
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Title:
Date: 01-07-2014
Scale: 1 inch = 80 feet I File: I
Tract 1 3.419 Acres: 148933 Sq Feet: Closure = n87.1922e 0.01 Feet: Precision =1/258108: Perimeter =1718 Feet
001=n0.0006w 528.30
005=s0.0040e 323.37 009=s0.2608w 122.37
002=n89.5920e 193.99
006=s89.5920w 3.00 010=n89.3616w 325.91
003=s0.0040e 34.00
007=s0.2256w 50.50
004=n89.5920e 81.00
008=s89.3704e 55.12
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 24.00 1
BOISE IDAHO 11/W5 04;12 PM
DEPUTY Bonnie Oberbilill {�����11I11IIN11111111111111111NI
RECORDED—REQUEST OF 105180316
Tills One
Space Above This Line For Recording Data
DEED OF TRUST
d J oj� q f ZI ST (With Future Advance Clause)
er
DATE AND PARTIES. The date of this Deed Of Trust (Security Instrument) is November 25, 2005. The parties
and their addresses are:
GRANTOR:
LIBERTY PARTNERS. INC.
An Idaho Corporation
2873 SOUTH WIND DRIVE
EAGLE, Idaho 83616
TRUSTEE:
TITLEONE CORPORATION
a Corporation
1101 W. RIVER STREET, SUITE 201
BOISE, Idaho 83702
LENDER:
D.L. EVANS BANK
Organized and existing under the laws of Idaho
3845 West State Street
Boise, Idaho 83703
1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged,
and to secure the Secured Debts and Grantor's performance under this Security Instrument, Grantor irrevocably
grants, bargains, sells and conveys to Trustee, in trust for the benefit of the Lender, with power of sale, the
following described property:
REFER TO EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
The property is located in ADA County at 890 NORTH TEN MILE ROAD, MERIDIAN, Idaho 83642.
Together with all fights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all
diversion payments or third party payments made to crop producers and all existing and future improvements,
structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate
described (all referred to as Property). This Security Instrument will remain in effect until the Secured Debts and
all underlying agreements have been terminated in writing by Lender.
2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time
will not exceed $1,777,000.00. This limitation of amount does not include interest and other fees and charges
validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the
terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in
this Security Instrument.
3. SECURED DEBTS. The term "Secured Debts" includes and this Security Instrument will secure each of the
following:
A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and
replacements. A promissory note or other agreement, No. 2017102227103, dated November 25, 2005, from
Grantor to Lender, with a loan amount of $1,777,000.00, with an initial interest rate of 8.5 percent per year
(this is a variable interest rate and may change as the promissory note prescribes) and maturing on December 5,
2006. One or more of the debts secured by this Security Instrument contains a future advance provision.
B. All Debts. All present and future debts from Grantor to Lender, even if this Security Instrument is not
specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than
LIBERTY PARTNERS, INC.
Idaho Deed Of Trust Initials
IDI4ablackwe00926100004975049112505Y 01996 Bankers Systems, Inc.. St Cloud, MN ED,159W Page I
one person signs this Security Instrumeteach agrees that it will secure debts incurred eitheQvidually or
with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a
commitment to make additional or future loans or advances. Any such commitment must be in writing. In the
event that Lender fails to provide any required notice of the right of rescission, Lender waives any subsequent
security interest in the Grantor's principal dwelling that is created by this Security Instrument, This Security
Instrument will not secure any debt for which a non -possessory, non -purchase money security interest is
created in "household goods" in connection with a "consumer loan," as those terms are defined by federal law
governing unfair and deceptive credit practices. This Security Instrument will not secure any debt for which a
security interest is created in "margin stock" and Lender does not obtain a "statement of purpose," as defined
and required by federal law governing securities.
C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security
Instrument when the evidence of indebtedness specifically states that it is secured by this Security Instrument.
4. PAYMENTS. Grantor agrees that all payments under the Secured Debts will be paid when due and in
accordance with the terms of the Secured Debts and this Security Instrument. Grantor acknowledges that the
interest rate, payment terms, or balance due on the loan may be indexed, adjusted, renewed or renegotiated.
5. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by
this Security Instrument and has the right to irrevocably grant, bargain, sell and convey the Property in trust to
Trustee, with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances
of record.
6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other
lien document that created a prior security interest or encumbrance on the Property, Grantor agrees:
A. To make all payments when due and to perform or comply with all covenants.
B. To promptly deliver to Lender any notices that Grantor receives from the holder.
C_ Not to allow any modification or extension of, nor to request any future advances under any note or
agreement secured by the lien document without Lender's prior written consent.
7. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens,. encumbrances, lease payments,
ground rents, utilities, and other charges relating to the Property when due. Lender may require Grantor to provide
to Lender copies of all notices that such amounts are due and the receipts evidencing Grantor's payment. Grantor
will defend title to the Property against any claims that would impair the lien of this Security Instrument. Grantor
agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Grantor may have against
parties who supply labor or materials to maintain or improve the Property.
8. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt
to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance,
transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law
112 C.F.R. 591), as applicable.
9. TRANSFER OF AN INTEREST IN THE GRANTOR. If Grantor is an entity other than a natural person (such as a
corporation or other organization), Lender may demand immediate payment if:
A. A beneficial interest in Grantor is sold or transferred.
B. There is a change in either the identity or number of members of a partnership or similar entity.
C. There is a change in ownership of more than 25 percent of the voting stock of a corporation or similar entity.
However, Lender may not demand payment in the above situations if it is prohibited by law as of the date of this
Security Instrument.
10. WARRANTIES AND REPRESENTATIONS. Grantor makes to Lender the following warranties and
representations which will continue as long as this Security Instrument is in effect:
A. Power. Grantor is duly organized, and validly existing and in good standing in all jurisdictions in which
Grantor operates. Grantor has the power and authority to enter into this transaction and to carry on Grantor's
business or activity as it is now being conducted and, as applicable, is qualified to do so in each jurisdiction in
which Grantor operates.
B. Authority. The execution, delivery and performance of this Security Instrument and the obligation evidenced
by this Security Instrument are within Grantor's powers, have been duly authorized, have received all necessary
governmental approval, will not violate any provision of law, or order of court or governmental agency, and will
not violate any agreement to which Grantor is a party or to which Grantor is or any of Grantor's property is
subject.
C. Name and Place of Business. Other than previously disclosed in writing to Lender, Grantor has not changed
Grantor's name or principal place of business within the last 10 years and has not used any other trade or
fictitious name. Without Lender's prior written consent, Grantor does not and will not use any other name and
will preserve Grantor's existing name, trade names and franchises.
11. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property in good condition
and make all repairs that are reasonably necessary. Grantor will not commit or allow any waste, impairment, or
deterioration of the Property. Grantor will keep the Property free of noxious weeds and grasses. Grantor agrees
that the nature of the occupancy and use will not substantially change without Lender's prior written consent.
Grantor will not permit any change in any license, restrictive covenant or easement without Lender's prior written
consent. Grantor will notify Lender of all demands, proceedings, claims, and actions against Grantor, and of any
loss or damage to the Property.
No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent
except that Grantor has the right to remove items of personal property comprising a part of the Property that
become worn or obsolete, provided that such personal property is replaced with other personal property at least
LIBERTY PARTNERS, INC.
Idaho Deed Of Trust Initials
ID/4ablackweo0926100004975048112505Y 01996 Bankers Systems, Inc., St. Cloud, MN E) JSi_' ? r Page 2
equal in value to the replaced personal property, free from any title retention device, security agreement or other
encumbrance. Such replacement of personal property will be deemed subject to the security Interest created by
this Security Instrument. Grantor will not partition or subdivide the Property without Lender's prior written
consent.
Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of
inspecting the Property. Lender will give Grantor notice at the time of or before an inspection specifying a
reasonable purpose for the inspection. Any inspection of the Property will be entirely for Lender's benefit and
Grantor will in no way rely on Lender's inspection.
12. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants contained in this
Security Instrument, Lender may, without notice, perform or cause them to be performed. Grantor appoints Lender
as attorney in fact to sign Grantor's name or pay any amount necessary for performance. Lender's right to
perform for Grantor will not create an obligation to perform, and Lender's failure to perform will not preclude
Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction
on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to
protect Lender's security interest in the Property, including completion of the construction.
13. ASSIGNMENT OF LEASES AND RENTS. Grantor absolutely, unconditionally, irrevocably and immediately
assigns, grants, bargains and conveys to Lender all the right, title and interest in the following (Property).
A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the
use and occupancy of the Property, including but not limited to any extensions, renewals, modifications or
replacements (Leases).
B. Rents, issues and profits, including but not limited to security deposits, minimum rents, percentage rents,
additional rents, common area maintenance charges, parking charges, real estate taxes, other applicable taxes,
insurance premium contributions, liquidated damages following default, cancellation premiums, "loss of rents"
insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract rights, general
intangibles, and all rights and claims which Grantor may have that in any way pertain to or are on account of
the use or occupancy of the whole or any part of the Property (Rents).
In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will also be
regarded as a security agreement. Grantor will promptly provide Lender with copies of the Leases and will certify
these Leases are true and correct copies. The existing Leases will be provided on execution of the Assignment,
and all future Leases and any other information with respect to these Leases will be provided immediately after
they are executed. Lender grants Grantor a revocable license to collect, receive, enjoy and use the Rents so long
as Grantor is not in default. Grantor's default automatically and immediately revokes this license. Grantor will not
collect in advance any Rents due in future lease periods, unless Grantor first obtains Lender's written consent.
Amounts collected will be applied at Lender's discretion to the Secured Debts, the costs of managing, protecting
and preserving the Property, and other necessary expenses. Upon default, Grantor will receive any Rents in trust
for Lender and Grantor will not commingle the Rents with any other funds. When Lender so directs, Grantor will
endorse and deliver any payments of Rents from the Property to Lender. Grantor agrees that Lender will not be
considered to be a mortgagee -in -possession by executing this Security Instrument or by collecting or receiving
payments on the Secured Debts, but only may become a mortgagee -in -possession after Grantor's license to
collect, receive, enjoy and use the Rents is revoked by Lender or automatically revoked on Grantor's default, and
Lender takes actual possession of the Property. Consequently, until Lender takes actual possession of the
Property, Lender is not obligated to perform or discharge any obligation of Grantor under the Leases, appear in or
defend any action or proceeding relating to the Rents, the Leases or the Property, or be liable in any way for any
injury or damage to any person or property sustained in or about the Property. Grantor agrees that this Security
Instrument is immediately effective between Grantor and Lender and effective as to third parties on the recording
of this Assignment. As long as this Assignment is in effect, Grantor warrants and represents that no default
exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases,
licenses and landlords and tenants. Grantor, at its sole cost and expense, will keep, observe and perform, and
require all other parties to the Leases to comply with the Leases and any applicable law. If Grantor or any party to
the Lease defaults or fails to observe any applicable law, Grantor will promptly notify Lender. If Grantor neglects
or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lender's option, enforce
compliance. Grantor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept the surrender
of the Property covered by the Leases (unless the Leases so require) without Lender's consent. Grantor will not
assign, compromise, subordinate or encumber the Leases and Rents without Lender's prior written consent.
Lender does not assume or become liable for the Property's maintenance, depreciation, or other losses or damages
when Lender acts to manage, protect or preserve the Property, except for losses and damages due to Lender's
gross negligence or intentional torts. Otherwise, Grantor will indemnify Lender and hold Lender harmless for all
liability, loss or damage that Lender may incur when Lender opts to exercise any of its remedies against any party
obligated under the Leases.
14. DEFAULT. Grantor will be in default if any of the following occur:
A. Payments. Grantor fails to make a payment in full when due.
S. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf
of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the
voluntary or involuntary termination of existence by, or the commencement of any proceeding under any
present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or
against Grantor, Borrower, or any co-signer, endorser, surety or guarantor of this Security Instrument or any
other obligations Borrower has with Lender.
C. Business Termination. Grantor merges, dissolves, reorganizes, ends its business or existence, or a partner
or majority owner dies or is declared legally incompetent.
LIBERTY PARTNERS. INC.
InitialsIdaho Deed Of Trust
ID/4ablackwa00926100004975049112505Y 01996 Bankers Systems, Inc.. St. Cloud. MN EkJ59FkC Page 3
•
D. Failure to Perform. Grantor fails to perform any condition or to keep any promise or covenant of this
Security Instrument.
E. Other Documents. A default occurs under the terms of any other document relating to the Secured Debts.
F. Other Agreements. Grantor is in default on any other debt or agreement Grantor has with Lender.
G. Misrepresentation. Grantor makes any verbal or written statement or provides any financial information that
is untrue, inaccurate, or conceals a material fact at the time it is made or provided.
H. Judgment. Grantor fails to satisfy or appeal any judgment against Grantor.
I. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority.
J. Name Change. Grantor changes Grantor's name or assumes an additional name without notifying Lender
before making such a change.
K. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or property. This condition
of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON
SALE section.
L. Property Value. Lender determines in good faith that the value of the Property has declined or is impaired.
M. Material Change. Without first notifying Lender, there is a material change in Grantor's business, including
ownership, management, and financial conditions.
N. Insecurity. Lender determines in good faith that a material adverse change has occurred in Grantor's
financial condition from the conditions set forth in Grantor's most recent financial statement before the date of
this Security Instrument or that the prospect for payment or performance of the Secured Debts is impaired for
any reason.
15. REMEDIES. On or after default, Lender may use any and all remedies Lender has under state or federal law or
in any document relating to the Secured Debts. Any amounts advanced on Grantor's behalf will be immediately
due and may be added to the balance owing under the Secured Debts. Lender may make a claim for any and all
insurance benefits or refunds that may be available on Grantor's default.
Subject to any right to cure, required time schedules or any other notice rights Grantor may have under federal and
state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately
due and foreclose this Security Instrument in a manner provided by law upon the occurrence of a default or
anytime thereafter.
All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or
equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment
on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not
constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising
any remedy, Lender does not waive Lender's right to later consider the event a default if it continues or happens
again.
16. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law,
Grantor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies under
this Security Instrument or any other document relating to the Secured Debts. Grantor agrees to pay expenses for
Lender to inspect and preserve the Property and for any recordation costs of releasing the Property from this
Security Instrument. Expenses include, but are not limited to, attorneys' fees, court costs and other legal
expenses. These expenses are due and payable immediately. If not paid immediately, these expenses will bear
interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms
of the Secured Debts. In addition, to the extent permitted by the United States Bankruptcy Code, Grantor agrees
to pay the reasonable attorneys' fees incurred by Lender to protect Lender's rights and interests in connection with
any bankruptcy proceedings initiated by or against Grantor.
17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law
means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA,
42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney
general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous
substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or
contaminant which has characteristics which render the substance dangerous or potentially dangerous to the
public health, safety, welfare or environment. The term includes, without limitation, any substances defined as
"hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance"
under any Environmental Law.
Grantor represents, warrants and agrees that:
A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been,
is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about
the Property, except in the ordinary course of business and in strict compliance with all applicable
Environmental Law.
B. Except as previously disclosed and acknowledged in writing to Lender, Grantor has not and will not cause,
contribute to, or permit the release of any Hazardous Substance on the Property.
C. Grantor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs
on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a
violation of any Environmental Law concerning the Property. In such an event, Grantor will take all necessary
remedial action in accordance with Environmental Law.
D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no knowledge of or
reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to
(1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Grantor or any
tenant of any Environmental Law. Grantor will immediately notify Lender in writing as soon as Grantor has
LIBERTY PARTNERS, INC.
Idaho Deed Of Trust Initials _
ID14eblackwe00926100004975048112505Y m1996 Bankers Systems, Inc., St. Cloud. NN -10--10%,'" Pepe 4
reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an event,
Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive
copies of any documents relating to such proceedings.
E. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have been,
are and will remain in full compliance with any applicable Environmental Law.
F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage
tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be
added unless Lender first consents in writing.
G. Grantor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm
that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied
with.
H. Grantor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the
Property and review all records at any reasonable time to determine (1) the existence, location and nature of
any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of
any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Grantor
and any tenant are in compliance with applicable Environmental Law.
1. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a qualified
environmental engineer to prepare an environmental audit of the Property and to submit the results of such
audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's
approval.
J. Lender has the right, but not the obligation, to perform any of Grantor's obligations under this section at
Grantor's expense.
K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Grantor
will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims,
demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including
without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns
may sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in return Grantor
will provide Lender with collateral of at least equal value to the Property without prejudice to any of Lender's
rights under this Security Instrument.
L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of this
section will survive-any foreclosure or satisfaction of this Security Instrument regardless of any passage of title
to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the contrary
are hereby waived.
18. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action by private or
public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other
means. Grantor authorizes Lender to intervene in Grantor's name in any of the above described actions or claims.
Grantor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or
other taking of all or any part of the Property. Such proceeds will be considered payments and will be applied as
provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage,
deed of trust, security agreement or other lien document.
19. INSURANCE. Grantor agrees to keep the Property insured against the risks reasonably associated with the
Property. Grantor will maintain this insurance in the amounts Lender requires. This insurance will last until the
Property is released from this Security Instrument. What Lender requires pursuant to the preceding two sentences
can change during the term of the Secured Debts. Grantor may choose the insurance company, subject to
Lender's approval, which will not be unreasonably withheld.
All insurance policies and renewals will include a standard "mortgage clause" and, where applicable, "loss payee
clause." If required by Lender, Grantor agrees to maintain comprehensive general liability insurance and rental loss
or business interruption insurance in amounts and under policies acceptable to Lender. The comprehensive general
liability insurance must name Lender as an additional insured. The rental loss or business interruption insurance
must be in an amount equal to at least coverage of one year's debt service, and required escrow account deposits
(if agreed to separately in writing).
Grantor will give Lender and the insurance company immediate notice of any loss. All insurance proceeds will be
applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires the
Property in damaged condition, Grantor's rights to any insurance policies and proceeds will pass to Lender to the
extent of the Secured Debts.
Grantor will immediately notify Lender of cancellation or termination of insurance. If Grantor fails to keep the
Property insured, Lender may obtain insurance to protect Lender's interest in the Property and Grantor will pay for
the insurance on Lender's demand. Lender may demand that Grantor pay for the insurance all at once, or Lender
may add the insurance premiums to the balance of the Secured Debts and charge interest on it at the rate that
applies to the Secured Debts. This insurance may include coverages not originally required of Grantor, may be
written by a company other than one Grantor would choose, and may be written at a higher rate than Grantor
could obtain if Grantor purchased the insurance. Grantor acknowledges and agrees that Lender or one of Lender's
affiliates may receive commissions on the purchase of this insurance.
20. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender funds for taxes and
insurance in escrow.
21. CO-SIGNERS. If Grantor signs this Security Instrument but is not otherwise obligated to pay the Secured
Debts, Grantor does so only to convey Grantor's interest in the Property to secure payment of the Secured Debts
and Grantor does not agree by signing this Security Instrument to be personally liable on the Secured Debts. If
this Security Instrument secures a guaranty between Lender and Grantor, Grantor agrees to waive any rights that
LIBERTY PARTNERS, INC.
Idaho Deed Of Trust Initials
ID/4ablackwa00926100004975048112505Y 01996 Bankers Systems. Inc.. St. Cloud, MN fDcJ5WrW Page 5
may prevent Lender from bringing any action or claim against Grantor or any party indebted under 1P.obligation.
These rights may include, but are not limited to, any anti -deficiency or one -action laws.
22. SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee and appoint a
successor without any other formality than the designation in writing. The successor trustee, without conveyance
of the Property, will succeed to all the title, power and duties conferred upon Trustee by this Security Instrument
and applicable law.
23. WAIVERS. Except to the extent prohibited by law, Grantor waives all appraisement and homestead exemption
rights relating to the Property.
24. DECLARATION. Grantor declares that the Property is either not more than forty acres in area or that the
Property is located within an incorporated city or village.
25. APPLICABLE LAW. This Security Instrument is governed by the laws of Idaho, except to the extent otherwise
required by the laws of the jurisdiction where the Property is located, and the United States of America.
26. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under this Security
Instrument are independent of the obligations of any other Grantor. Lender may sue each Grantor individually or
together with any other Grantor. Lender may release any part of the Property and Grantor will still be obligated
under this Security Instrument for the remaining Property. The duties and benefits of this Security Instrument will
bind and benefit the successors and assigns of Lender and Grantor.
27. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or
modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made in
writing and executed by Grantor and Lender. This Security Instrument and any other documents relating to the
Secured Debts are the complete and final expression of the agreement. If any provision of this Security Instrument
is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be
enforceable.
28. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The
section headings are for convenience only and are not to be used to interpret or define the terms of this Security
Instrument.
29. NOTICE, FINANCIAL REPORTS, ADDITIONAL DOCUMENTS AND RECORDING TAXES. Unless otherwise
required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's
address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one
Grantor will be deemed to be notice to all Grantors. Grantor will inform Lender in writing of any change in
Grantor's name, address or other application information. Grantor will provide Lender any financial statements or
information Lender requests. All financial statements and information Grantor gives Lender will be correct and
complete. Grantor agrees to pay all expenses, charges and taxes in connection with the preparation and recording
of this Security Instrument. Grantor agrees to sign, deliver, and file any additional documents or certifications that
Lender may consider necessary to perfect, continue, and preserve Grantor's obligations under this Security
Instrument and to confirm Lender's lien status on any Property, and Grantor agrees to pay all expenses, charges
and taxes in connection with the preparation and recording thereof. Time is of the essence.
SIGNATURES. By sig g, Grantor agrees to the terms and covenants contained in this Security Instrument.
Grantor also acknowledgs receipt of a copy of this Security Instrument.
GRANTOR:
LIBERTY AR NE/. , IQ1C.
By I/ 1
/'bAV CAL I , PRESIDENT
LIBERTY PARTNERS, INC.
Idaho Deed Of Trust Initials
ID/4ablackwe00926100004975048112505Y 01996 Bankers Systems. Inc., St. Cloud, MN - W:.'" Page 6
•
ACKNOWLEDGMENT.
(Business or Entity)
OF !u" O ss.
�O this day of before me,
- a Notar ublic, personally appeared DAVID CALLISTER, known or
identified to me (or proved to me on the oath of ) to be the president, or
vice-president, or secretary or assistant secretary, of the corporation that executed the instrument or the person
who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation
executed the same.
My ,coomm,,isssion expires:
'Ah q �Xsi(No ary Public)
REQUEST FOR RECONVEYANCE
(Not to be completed until paid in full)
TO TRUSTEE:
The undersigned is the holder of the note or notes secured by this Security Instrument. Said note or notes,
together with all other indebtedness secured by this Security Instrument, have been paid in full. You are hereby
directed to cancel this Security Instrument, which is delivered hereby, and to reconvey, without warranty, all the
estate now held by you under this Security Instrument to the person or persons legally entitled thereto.
.......................................................... ........ I..................
(Authorized Lender Signature) (Date)
LIBERTY PARTNERS. INC.
Idaho Deed Of Trust Initials _
ID/4eblockwe00926100004975048112605Y °1996 Hankers Systems. Inc., St. Cloud. NIN J545&tC Page 7
EXHIBIT "A"
PARCEL A
A parcel of land being a portion of the Southwest Quarter of the Northwest Quarter of
Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described
as follows:
BEGINNING at a brass cap marking the Southwest corner of said Southwest Quarter of the Northwest Quarter
of Section 11, also said brass cap being the REAL POINT OF BEGINNING; thence along the Westerly boundary
of the Southwest Quarter of the Northwest Quarter
North 00025'27" East 699.89 feet to a point; thence leaving said Westerly boundary of said Southwest Quarter of
the Northwest Quarter
South 87035'23" East 313.33 feet (formerly North 88000' West) to an iron pin; thence along a line parallel with
and Easterly of said Westerly boundary of the Southwest Quarter of the Northwest Quarter
South 00'25'27" West 691.18 feet to a point on the Southerly boundary of the Southwest Quarter of the
Northwest Quarter, thence along said Southerly boundary of the Southwest Quarter of the Northwest Quarter
North 89°10'57" West 313.15 feet to the POINT OF BEGINNING.
PARCEL B
A parcel of land being a portion of the Southwest Quarter of the Northwest Quarter of Section 11, Township 3
North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
BEGINNING at a brass cap marking the Southwest comer of said Southwest Quarter of the Northwest Quarter
of Section 11; thence along the Westerly boundary of said Southwest Quarter of the Northwest Quarter
North 00025'27" East 699.89 feet to a point; thence leaving said Westerly boundary of the Southwest Quarter of
the Northwest Quarter
South 87'35'23" East 313.33 feet (formerly North 88°00' West) to an iron pin marking the REAL POINT OF
BEGINNING; thence continuing
South 87035'23" East 194.61 feet to an iron pin; thence
North 80°40'45" East 344.45 feet (formerly South 80014'50" West 348.42) to a point on the centerline of Eight
Mile Lateral; thence along said centerline of Eight Mile Lateral
South 61 001'27" East 14.33 feet to a point; thence leaving said centerline
South 00049'03" West 739.62 feet to a point on the Southerly boundary of said Southwest Quarter of the
Northwest Quarter; thence along said Southerly boundary of the Southwest Quarter of the Northwest Quarter
North 89°10'57" West 541.49 feet to a point, said point being
South 89010'57" East 313.15 feet from a brass cap marking the Southwest corner of the said Southwest Quarter
of the Northwest Quarter; thence leaving said Southerly boundary of the Southwest Quarter of the Northwest
Quarter
North 00`25'27" East 691.18 feet to the POINT OF BEGINNING.
Exhibit "A"
Legal Description
0 •
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
I, Jessica Aguilar 213 N. 9th St
(name) (address)
Boise Idaho
(city) (state)
being first duly sworn upon, oath, depose and say:
1. That I am the record owner of the property described on the attached, and I grant my
permission to:
The Land Group, Inc. 462 E. Shore Drive, Eagle, ID 83616
(name) (address)
to submit the accompanying application(s) pertaining to that property.
2. 1 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.
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 Qk day of QCA--C'\-� -,20 l3
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
` 1
%OTA4?y
vaa
pUB LAG
OF ioA
(Notary Public for Idaho)
Residing at:
My Commission Expires:c2 6 0
33 R Broadway Avenue, Suite 102 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
Mar. 5.2014 i 1: 02RM
STATE OF 10DAHO )
COUNTY OV ADA
AFFiD.AVXT OF LEGAL INTEREST
(name) (address)
(cfty) (state)
being first duly sworA upon, oath, depose and say:
No. 0497 P. 1/1
], That I am the record owner of the property described an the attached, and I grant any
permission to:
' q4 s ti
=ame) �` (address)
to submit tho accompanying applications) pertaining to that property.
2. I agree to indemnify, defend and hold the Cby of Meridian and iTs employees harmless
from any claim or liability sesulft from any dispute as to the statements contained
herein or as to the ownership of the property whuieb 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 applfcation(s).
Dated this dey of Y"*r1 , 20 .�
SUBSCRIBED AND SWORN to before me the day and year first above written.
(Notary public for Idaho)
ANDREA HATHORN�
NOTARY PUBLIC Residing at:
STATE OF IDAHO
My Commissiam Expires..
33 B. )5roadwayAvtnae, Suitt 102 • Ivtd:$dian, Idaho 83642
Phono:. (298) 884-5533 Facsimllc: ('2208) 888-6854 - Webum: .mcddi*ncity.0r2
•
Bill Parsons
From:
Tamara Thompson <tamara@thelandgroupinc.com>
Sent:
Thursday, March 06, 2014 4:12 PM
To:
Bill Parsons
Subject:
FW: NEC Pine and Ten Mile, Meridian
For our application
From: Christy Little [mailto:Clittle@achdidaho.org]
Sent: Thursday, March 06, 2014 4:06 PM
To: Tamara Thompson
Subject: RE: NEC Pine and Ten Mile, Meridian
No TIS is required.
Thanks,
Christy
From: Tamara Thompson[mailto•tamara(�Othelandgroupinc.com]
Sent: Thursday, March 06, 2014 3:40 PM
To: Christy Little
Subject: NEC Pine and Ten Mile, Meridian
Christy,
We are processing a rezone from L-0 to C -C, CUP for a drive-thru bank, preliminary plat and final plat for 2.4 acres on
the hard corner. Will ACHD require a traffic study? Thank you.
4 Tamara Thompson I Director of Client Services
The Land Group, Inc. I p 208.939.40411 e tamaraOthelandgroupinc.com I web I facebook
�,.
1
•
THE LAND GROUP, INC.
March 6, 2014
Project 113116
Public Works Department
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
Re: Kinsley Subdivision
Engineer's Certification of Street Centerline Elevation
Dear Sirs:
As required by the final plat application criteria, please accept this letter regarding the designed
roadway centerline elevations for the Kinsley Subdivision.
The project is located along the existing Pine and Ten Mile Roadways and proposes to create
three commercial properties. No new roadways are proposed by the plat. Consequently, I am
unable to make the customary certification that the designed street centerline elevations are in
excess of 3 -ft above the highest established normal groundwater elevation.
Please contact me at 208.939.4041 if you have any questions.
Sincerely,
10961
s03-06-14 p
OF
f9�F�
Jason Densmer, PE
THE LAND GROUP, INC.
Ar
Site Planning • Landscape Architecture • Civil Engineering ® Golf Course Irrigation & Engineering • Graphic Communication *Surveying
462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 0 www.thelandgroupinc.com
ProjecIlSubdivision Name:
11
•
CITY OF AH RIDIAN
PRE-APPLICA oN MMING NOTES
-Date:. D 36-/
citySfaf€:_ 51,Il,Skgrxce- fete,
Location: Vee o -r I/ , Ir � t�'�
Comprehensive Pian Future Land Use Map Desk
Design Guidelines Development Context
Proposed Use:
Existing Use: a
Surrounding Uses:: ge s ,
Street Buffer(s) and/or Land Use Buffer(s): �2 S
Open SpacatAmenities/Pathways: ' C-- l
Amass/Stub Strests/Street System: t
Sewer & Water Service: l�,�M ^F-Prr v- C- zoe"
Topography/Hydrology/goodplain Issues: Nft
-
of Pmparty:
Proposed Zoning: c G
Existing Zoning: _-O V`- -/,s
❑ Ada County Highway District
❑ Idaho Transporiafion.Departrnent
❑ Sanitary Services Company r .
❑ Central District Health Department
❑ Nampa Meridian Imgafjon District ❑ Public Works Department
❑ Settlers Irrigation District , ❑ Building. Department
❑ Police Department ❑ Parks Department
❑ Fre Department ❑ Other.
Applimbon(s) Required:
❑ Administrative Design Review ❑ Conditional Use Permit ModificcationfTransfer ❑ Short Plat
Aitemaiive Ca�rrpliance . Development Agreement Modification 44024 ❑ Time Extension - Council
Annexafie Tc,72 e 4l 8z6, DD Fnai Plat *l2HZ ,M j 4t3�,Av /o•f- ❑ UDC Text Amendment
Council Review Final Plat Modification ❑Vacation
F1 City
❑ Comprehensive Plan Amendment- Map ❑ Planned Unit Development ❑ Variance
❑ Comprehensive Plan Amendment- Text ® Preliminary Plat f 21p�,00 d 4 2q.bo f e /at ❑ Other
® Conditional Use Permit f 13 6?, oo ❑ Private Street l t o . oo f jf 1. eo /er /.d
Notes: f) Apprzan& are required to hold a neighborhood meefrng in accord 0i UDC 11 -5A -5C prior to submittal of an application
requiring a public hearii7g (except for a vacation or short plat), and 2) All appfcarit s for permits requiring a public hearing shall post the
sb with a public hearing notice in accord wiffi UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and
vacation). The information provided daring ails meeting is based on current UDC requirements and the Comprehensive Plan Any
subsequent changes to the UDC and/or Comp Plan mayaffect your submittal andfar aoofrcafion. This pre-appficafion meeting shall be -
• 0
CITY OF MERIDIAN
PRE -APPLICATION MEETING NOTES
Project/Subdivision Name:
A__1:-_.._iI-, IPI-__--%. _ I
City Staff;
Location: N5 -C &C 74, 0,1/a y-
Comprehensive Plan Future Land Use Map Designation:
Design Guidelines Development Context:
Proposed Use:
Existing Use:
Surrounding Uses: _124 y
Street Buffer(s) and/or Land Use Buffers :
Open Space/Amenities/Pathways: e,
Access/Stub Streets/Street System:
Sewer & Water Service:444e r J-- .5et)er! i s
Tor)oaraphv/Hvdroloav/Floodplain Issues:
-- L
(1a= Y519-)
Date: 14-7-13
Size of Property:
Proposed Zoning: C -C-
-Existing Zoning:
C G,n n ,. ni?/ G e, ew.r . 1 u) At A -C.
Other Agencies/Departments to Contact:
❑ Ada County Highway District ❑ Nampa Meridian Irrigation District ❑ Public Works Department
❑ Idaho Transportation Department ❑ Settler's Irrigation District ❑ Building Department
❑ Sanitary Services Company ❑ Police Department ❑ Parks Department
❑ Central District Health Department ❑ Fire Department ❑ Other:
Application(s) Required:
❑ Administrative Design Review
❑ Altemative Compliance
AnnexationJ�ezv
❑ City Council Review
❑ Comprehensive Plan Amendment— Map
❑ Comprehensive Plan Amendment — Text
Conditional Use Permit # / 369, op
Conditional Use Permit Modification/Transfer ❑ Rezone
Development Agreement Modification 05x21 pp ❑ Short Plat
Final Plat ❑ Time Extension — Council
❑ Final Plat Modification ❑ UDC Text Amendment
Planned Unit Development ❑ Vacation
Preliminary Plat�� n �� ❑ Variance
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) Alt 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.
W.
r48
•
Neighborhood Meeting
DL Evans Bank
Ten Mile and Pine
November 21, 2013
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MATERIALS 10 lvlarch 2014
TESTING & Page # 1 of 1
INSPECTION h140275g_g% v_letter.docx
❑ e..i J... :I�..., ❑(. _ail_ i _=.i Il�llil=l R.�. ❑ZI
Ms. Tamara Thompson
The Land Group, Inc.
462 East Shoreline Drive, Suite 100
Eagle, ID 83616
208-939-4041
Re: Groundwater Letter
Kinsley Subdivision
NEC of Ten Mile Road and Pine Lane
Meridian, ID
Dear Ms. Thompson:
This letter has been prepared to provide local and regional groundwater information for the proposed Kinsley
Subdivision located at the northeast corner of the intersection of Ten Mile Road and Pine Lane in Meridian,
Idaho. This letter is based on research of previous geotechnical investigations performed in the vicinity of the
project site and from nearby United States Geological Survey (USGS) monitoring wells.
In the vicinity of the project site, groundwater levels are controlled in large part by residential and commercial
irrigation activity and leakage from nearby canals. Maximum groundwater elevations likely occur during the
later portion of the irrigation season. During previous investigations performed in December 2004, February,
April, and May 2005, and April 2006 within approximately 'h -mile to the north, east, and west of the project
site, groundwater was noted within test pits at depths as shallow as 7.2 to 14.3 feet below ground surface
(bgs). Additionally, MTI performed long-term groundwater monitoring for sites to the east and west of the
proposed project site and found groundwater depths as shallow as 2.95 feet bgs, with a swing between low
groundwater depth to high groundwater depth of up to 7.6 feet. Furthermore, according to United States
Geological Survey (USGS) monitoring well data within approximately '/4 -mile of the project site.
groundwater was measured at depths ranging between 7.4 and 12.1 feet bgs, which equates to groundwater
elevations of 2,555 to 2,565 feet above mean sea level (msl).
Based on evidence of this investigation and background knowledge of the area, MTI estimates groundwater
depths to remain greater than approximately 3 feet bgs throughout the year. This depth can be confirmed by
conducted a site-specific geotechnical investigation and through long-term groundwater monitoring.
MTI appreciates this opportunity to be of service to you and looks forward to working with you in the future.
If you have questions, please call (208) 376-4748.
Respectfully Submitted,
Materials Testing & I
E N sE0 v'/'j'.
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��.'� 1 I' �1491` ,
{{
Monica Saculles, E. sl t�? r �p Reviewed by., Eli'�cabeth Brown, P.E.
Geotechnical Engin •IT�p�t ", Geotechnical Engineer
Copyright C 2014 Material: Testing & Inspection, Inc.
2791 SOUth Victory View Way Boise, ID 83709 • (208) 376-4748 Fax (208) 322-6515
roti@mti-id.com • www.mti-id.com
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.
Aplrficant/agent si nature Date
33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
From:
Jerry Hastings
To:
Tamara Thompson
Cc:
Jim Washburn
Subject:
Kinsley Subdivision Name Reservation
Date:
Wednesday, December 04, 2013 5:04:50 PM
December 4, 2013
Tamara Thompson
The Land Group, Inc.
RE: Subdivision Name Reservation: "Kinsley Subdivision"
Dear Tamara,
At your request I have reserved the named "Kinsley Subdivision" for your project. I can honor this
reservation only as long as your project is in the approval process. Final approval can only take place
when the final plat is recorded
This reservation is available for the next ten (10) years unless the project is terminated by the client or the
jurisdiction or the conditions of approval have not been met. In which case the name can be re -used by
someone else.
Sincerely,
Jerry Hastings, P.L.S.
County Surveyor
Ada County, Idaho
208-287-7912
208-287-7909 Fax
j_h�tjn.s@.ajdawe��
From: Tamara Thompson[mailto:tamara@thelandgroupinc.com]
Sent: Wednesday, December 04, 2013 4:37 PM
To: Jerry Hastings
Subject: RE: request for subdivision name
Hi Jerry,
How about Kinsley Subdivision to replace Sommersby?
D. L. Evans Bank is the current owner by foreclosure.
From: Tamara Thompson
Sent: Tuesday, November 19, 2013 3:07 PM
To: 'Jerry Hastings'
Subject: request for subdivision name
Sommersby Commercial Subdivision
Located on the NEC Ten Mile and Pine in Meridian
(Property was originally included with the Sommersby Subdivision preliminary plat. — that plat
expired before this property was final platted, therefore it is a remnant piece. We are filing a new
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THE LAND GROUP, INC.
March 6, 2014
Bill Parsons
Associate City Planner
City of Meridian — Planning Division
33 E. Broadway Ave, Suite 102
Meridian, ID 83642
•
RE: Rezone, Conditional Use Permit, Development Agreement Modification,
Combined Preliminary and Final Plat
Kinsley Subdivision
890 N. Ten Mile Road - NEC Ten Mile and Pine Roads, Meridian, ID
Dear Mr. Parsons:
This application includes parcel S1211233735 which totals 2.391 acres. Attached to this letter are applications
for:
• Rezone from L -O and R-15 to C -C
• Development Agreement Modification
• Conditional Use Permit for a drive-thru use,
• and a combined preliminary/final plat.
This property was previously annexed and zoned under the name of Valeri Heights Subdivision, applications AZ -
00 -006, CUP -00-014, PP -00-005 and associated Development Agreement (instrument #100103906) processed in
2000. The project was never commenced.
The property was included in the Sommersby Preliminary Plat and Conditional Use Permit (PP -04-035, CUP -04-
040) and Development Agreement Modification (instrument #105184653) processed in 2004-05; and
subsequent Development Agreement Modification (instrument #108101151) recorded in 2008. Sommersby
Subdivision #1 and #2 were finalized, this property is a remnant parcel of the expired preliminary plat.
The current owner, DL Evans Bank, acquired the property due to default and was not a party to the previous City
approvals.
Since the existing Development Agreement covers a much larger residential development, instead of modifying
the DA we propose to remove this property from the DA and start over with a new DA to include specific
conditions relating to the proposed rezone and commercial development plan.
The property is currently zoned L -O and R-15 in Meridian. The property is in the Meridian Impact Area and has a
future land use designation of Mixed Use Commercial (MU -C). The development applications propose to rezone
the property to Community Commercial (C -C), which is consistent with the MU -C comprehensive plan.
Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying
462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • www.thelandgroupinc.com
The combined preliminary & final plat includes 3 building lots. The development plan is for a bank with
associated drive thru on the corner and up to two retail buildings likely with drive thru uses. The current CUP
application is specific to the bank. We anticipate additional CUP's may be processed separately by the individual
retail operators.
The DL Evans building elevations are included in the application. The other two buildings are conceptual in
nature; we've included pictures of Portico buildings for the design theme. The specific materials and design will
be finalized with staff during the design review process for each building.
The plat is submitted as a combination preliminary -final plat and will therefore be finalized in one phase. The
plat is in conformance with all requirements and provisions of the UDC with the exception of the requested
variances/council waivers listed below. The plat is in conformance with acceptable engineering, architectural
and surveying practices and local standards.
The vehicular access to the site will be from right-in/right-outs on both Pine and Ten Mile Road. The project
does not propose direct access to the private streets, W. Acarrera Lane and N. Alpha Lane. We have discussed
access with a representative of the home owners association, they feel commercial traffic on their residential
private streets is not appropriate, therefore will not grant the project the right to use the public streets.
Additionally, the proposed access is consistent with the access points south of the intersection. ACHD has
confirmed that a traffic study is not required.
The project includes ample landscaping adjacent to the residential uses. Multiple pedestrian paths are included
between the buildings as well as between the residential use, the public right of way, and the buildings.
Variances/Council waivers requested:
• Hours of operation in the C -C zone is 6am —11pm. Due to the potential of a coffee house, we propose a
revised start time of Sam.
• Reduced landscape buffer along the east property line since there is parking and driveways to buffer the
residential use.
• Access to Pine and Ten Mile Road due to no other options. Access proposed as right -in, right -out on
both streets.
With the exception of the above, the project will comply with the requirements and conditions of the
preliminary plat, the City of Meridian UDC, and standard/local engineering, architectural and surveying
practices.
Thank you in advance for your consideration and support. We look forward to working with City staff to plan a
quality project of which we can all be proud.
Sincerely,
Camara Thompso
The Land Group, Inc.
Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying
462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616, P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com
• 0
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3245 W WAVE DR
MERIDIAN ID 83642-0000
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PO BOX 1090
MERIDIAN ID 83680-0000
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2929 W WAPOOT ST
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2358 S TITANIUM PL
MERIDIAN ID 83642-0000
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ASSOCIATION 3649 N LAKEHARBOR LN
4202 N MARCLIFFE AVE BOISE ID 83703-0000
BOISE ID 83704-0000
BUECHE KURT D
2711 ABEJORRO ST
CARLSBAD CA 92009-0000
MCRAE ROBERT
7742 SECREST CT
ARVADA CO 80007-0000
PESTANA FAMILY TRUST
713 AUSTEN WAY
LIVERMORE CA 94551-0000
CADWELL TIMMY LEE
882 N BRITT PL
MERIDIAN ID 83642-0000
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936 N BRITT PL
MERIDIAN ID 83642-0000
ELK RUN CONSTRUCTION L.L.C.
3891 W DAISY CREEK ST
MERIDIAN ID 83642-0000
MOSHERS FARM SUBDIVISION
HOMEOWNERS ASSOCIATION
864 N BRITT PL
MERIDIAN ID 83642-0000
ANDERSONJAMES
1233 N CEDAR CREEK
MERIDIAN ID 83642-0000
NAMPA & MERIDIAN IRRIGATION
DISTRICT
1503 1ST ST S
NAMPA ID 83651-4395
MERIDIAN 8 LLC
5745 N DUBLIN RANCH DR
DUBLIN CA 94568-0000
KSA PROPERTIES LLC
3843 W DAISY CREEK ST
MERIDIAN ID 83642-0000
SOMMERSBY GROUP LLC
2244 S SWALLOWTAIL LN
BOISE ID 83706-0000
MOUNTAIN WEST IRA INC FBO l D K BUCKLEY LLC
CHARLES WOOD IRA 714 N 1100 E
10096 W FAIRVIEW AVE # 160 RUPERT ID 83350-0000
BOISE ID 83704-0000
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RESIDENTIAL SUBDIVISION POA
4202 N MARCLIFFE AVE
BOISE ID 83704-0000
SEARCY ANTONIO
2683 S BASIN CREEKAVE
MERIDIAN ID 83642-0000
STEVENS KAMIAN
3279 W ACARRERA CT
MERIDIAN ID 83642-0000
RODRIGUEZ MIGUEL
864 N BRITT PL
MERIDIAN ID 83642-0000
BLEVINS WILLIAM
104 LAME HORSE RD
COLUMBIA SC 29223-0000
SOMMERSBY 2 SUB PROPERTY
OWNERS ASSOCIATION INC
760 E KING ST # 105
MERIDIAN ID 83642-0000
ARANA MARCUS C
2987 ATHERTON PL
BRENTWOOD CA 94513-0000
CHEW GRANTLAND L
2651 21 ST AVE
SAN FRANCISCO CA 94116-0000
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ROZIER JOHN L I
3681 N LOCUST GROVE RD STE 100
34531 CAMINO CAPISTRANO
5526 W NICHOLAS CT
MERIDIAN ID 83646-0000
CAPISTRANO BEACH CA 92624-0000
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193 E 300
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CORNELL STEPHANIE M
PROPERTIES FIVE LLC
1127 N LIGHTNING PL
1124 N LIGHTNING PL
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MERIDIAN ID 83642-0000
MERIDIAN ID 83642-0000
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DAROSA JULIE A
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1148 N LIGHTNING PL
1162 N LIGHTNING PL
733 W PICKFORD ST
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MERIDIAN ID 83642-0000
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1121 N GRAY CLOUD WAY
PO BOX 369
775 N TEN MILE RD
MERIDIAN ID 83642-0000
MERIDIAN ID 83680-0000
MERIDIAN ID 83642-5476
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2560 E FAIRVIEW AVE
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• 9
Hearing Date: April 17, 2014
File No.(s): RZ-14-003, PFP-14-001, CUP -14-002 and MDA -14-004
Project Name: Kinsley
Request: (RZ): Request to rezone approximately 3.42 acres from L -O (Limited Office) and
R-15 (Medium High-density Residential) zoning districts to the C -C (Business
Community) zoning district, by DL Evans Bank.
(PFP): Request to preliminary/final plat three (3) commercial lots on
approximately 2.61 acres in the proposed C -C zoning district.
(CUP): Request a conditional use permit for the following: 1) a drive-through
establishment within 300' of a residential district AND 2) extended hours of operation in
accord with UDC 11-2B-4 in the proposed C -C zoning district.
(MDA): Request to amend the recorded development agreement (Inst.
#105184653 and 108101151) for the purpose of excluding the property AND
creating a new development agreement to include the project boundary and site
plan proposed with the Kinsley Subdivision.
Location: The site is located on the northeast corner of N. Ten Mile Road and W. Pine
Avenue in the NW 1/4 of Section 11, Township 3N., Range 1 W.