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iDAHO
Planning Division
CONDITIONAL USE PERMIT MODIFICATION
Application Checklist
0;) r�xj" /6�kU" t 1"i C i 1�a1
Project name:
iEl IPPI008
File #:
Applicant/agent:
oU �� •
YALU
no 000) (
All applications are required to contain one copy of the following:
Applicant
Staff
(�)
Description
Y
Completed and signed Development Review Application
i
d
Narrati_ve-fu1jyddescribing the proposed request
_Legal description - of the subject property (Lot, Block, and Subdivision name if located in a recorded
subdivision OR a metes and bounds legal description of the property if not in a subdivision)
V
Recorded warranty deed for the subject property
Affidavit of Legal Interest signed and notarized by the property owner (If owner is a corporation,
submit a copy of the Articles of Incorporation or other evidence to show that the person signing is an authorized agent)
Scaled vicinity map showing the location of the subject property
j
Approved site plan that is proposed to be modified
Scaled site plan showing proposed modifications)
Written confirmation of parcel verification from Community Development. Please email
the project name, parcels number(s), and a vicinity map to
communitvdevelopmenO,meridiancity. ors to obtain confirmation
Fee
For new public utility construction (water, sewer, reclaimed water) applicants are required to submit,
(2) Sets of conceptual engineering plans, including pipe sizes and profiles
(1) Disk with electronic version of the conceptual engineering plans in a format that
complies with the specifications for project Drawings found at.
www.meridiancity.org/public works/autocad standards/index.asp
Additional Requirements for Commission Approval
Pre -application meeting notes (All applications that require a public hearing are required to conduct a pre-
application meeting with the Planning Division)
Neighborhood meeting sign -in sheet (Applicants are required to hold a neighborhood meeting to provide
an opportunity for public review of the proposed project prior to the submittal of an application)
Commitment of Property Posting form signed by the applicant/agent
Electronic version of the approved site plan and site plan with proposed modifications in
pdf format on a disk with the files named with project name and plan type (i.e. approved
site plan, modified site plan)
The Director may approve or deny specified minor modifications, provided such modifications tivere not the subject
of reviely during the originalpublic hearing and will not adversely impact adjacent properties (see UDC 11-SB-
5G2). All other modifications shall be considered by the Planning and Zoning Commission at a public hearing.
APPLICATIONS WILL NOT BE ACCEPTED UNLESS ALL APPLICABLE ITEMS ON THE CHECKLIST ARE
SUBMITTED. THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE (NOR WILL A P UBLIC
HEARING BESET) UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORIYIATION.
Community Development � Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/plannin�
(03/18/2016)
)IAt
. Planning Division
T DEVELOPMENT REVIEW APPLICATION
STAFF USE
Project name
File number(s
Assigned Planner: Related files:
�e of Review Requested (check all that ap,
❑ Accessory Use (check only i )
❑ Daycare
❑ Home Occupation
❑ Home Occupation/Instruction for 7 or more
❑ Administrative Design Review
❑ Alternative Compliance
❑ Annexation and Zoning
Certificate of Zoning Compliance
❑ City Council Review
❑ Comprehensive Plan Map Amendment
❑ Comprehensive Plan Text Amendment
❑ Conditional Use Permit
IX Conditional Use Modification (check only 1)
A Director
❑ Commission
❑ Development Agreement Modification
❑ Final Plat
Applicant Information
Applicant name:
Applicant address:
❑ Final Plat Modification
❑ Landscape Plan Modification
❑ Preliminary Plat
❑ P►•ivate Street
❑ Property Boundary Adjustment
❑ Rezone
❑ Short Plat
❑ Time Extension (check only 1)
❑ Director
❑ Commission
❑ UDC Text Amendment
❑ Vacation (check only 1)
❑ Director
❑ Commission
❑ Variance
Other
Applicant's interest in property: ❑Own ❑Rent ❑Optioned ❑ Othe►•
Owner name:
Owner address:
City:
Agent/Contact name ( g., architect, a gineer, developer, representative):
Firm name: • rt��l -t t A( :"Vt
Agent address• �� 2 ���
City:
Primary contact is: Q'Applicant ❑Owner
Subject Property Information
Location/street address:
❑ Agent/Contact
Assessor's parcel number(s): '�, t `� j �-� �`;_z �7, '��•` �'� :i
Em
State:
-r•
Phone: [•F/$ Z
Q
Zip: 37�Z
�_� Township, range, section: '`�1� � =•�.: %i0
Total acreage: 4: �� Zoning district:_��
Community Development ■Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 wtivw.meridiancity_.cng/hlannin,�
-1 Rev: (1/2/10182/7/2018)
Project/subdivision name: j i { Li -
General description of proposed project/request:
Proposed zoning district(s): _
Acres of each zone proposed:
y
Type of use proposed (check all that apply):
❑ Residential ❑ Offi% eV � Commercial ❑ Emnlnvment ❑ Tnrinrtrinl ❑ether
Who will own &maintain
Which irrigation district di
Primary irrigation source:
t�
Square footage of landscaped areas to be irrigated (if PIRIAMy or secondary point ot'connection is City water): 2niQ r7 �'
Residential Project
Number of residential units:
Number of common lots:
(if
Number of building 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):
Grass 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 dwellings) proposed: ❑ Single-family Detached DSrngle-family Attached ❑Townhouse
❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other
Non-residential Project Summary (if applicable)
Number of building lots; � Common lots:
Other lots:
Gross floor area proposed: :_. ,r_ Existing (if applicable):
Hours of operation (days and hours): � .�C� /� Jt�l J 2.� Q �1t1 Building height: '.�.t'� i
Total number of parking spaces provided. �-'—`
p g p p Number of compact spaces provided:
Authorization ; .�
Print applicant name: ��l'j.' :' ��1��'l Li����J-� �� �i f�.�-.t-� �� �•'.,,�' � ��.y, t �
Applicant signature: Date: <
Community Development � Planning Division � 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-88$-6854 www.meridiancit .orb/planning
January 21, 2020
City of Meridian
Planning Division
33 E. Broadway Avenue, Suite 102
Meridian, Idaho 83642
RE: Modification MCU-12-001
The Griddle
910 E. Fairview Avenue
Meridian, Idaho 83642
Fairview Lakes ,LLC, is requesting modification of an existing approved conditional use, MCU-
12-001. The subject application modifies the layout and building design for Pad #5, Lot 4 Block 3
Devon Park Sub. No.1 as shown on the attached site plan. The modified site plan is for the
approval for the construction of a 3,464 square feet restaurant for "The Griddle " behind
Banner Bank at Fairview Lakes. The building pad is currently vacant, bare ground.
Fairview Lakes, LLC is also submitting an application for a certificate of zoning compliance and
desigryTeview.
y additional information, please contact me at:
D g Ta u ra
Fairview Lakes, LLC
doughtamura@msn.com
(208) 721-2151
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ADA COUNTY RECORDS J
80ISE IDAHO 12l06/0 4:
QEPUTY Bonnie 0 1mg
RFCORDED41E ST OF
Transnalion T6
AMOUNT gr 0
DAViD NAVARRO
IPA
ADA COUNTY RECORDER J. DAVID NAVARRO � —
BOISE IDAHO 12/18102 04ty PM 3
DEPUTY Jamle parsons
RECORDED -REQUEST OF �II I�Il�IIIIIIIIIII�II
Transnalion Tllle Escrow IrI,III��I II �I
AMOUNT 9,00 102152314
Escrow No. T02 - 81027 A/8
WARRANTY DEED
F(�R VALUE RECEIVED
WILLIAM KENDALL CURTIS and HELEN CURTIS, husband axad wi£e, a►s tv 1/3 interest, MIRIAM
ELIZABETH BARR, a single person as to 1/3 interest, and MARGUERITE JA.NE SCOTT, a
single person as to 1/3 interest
GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELF, AND CONVEY unto: Fairview Lakes, LLC ,
an Idaho Limited Liability Company
GRANTEES(s), whose current address is: 111 Auto Darive, suite l02 8o�.se, ID 83709
the following described real property in Ada County, State of Idaho,
more particularly described as follows, to wit:
SEE EXHIBIT "A" ATTACHED
(Continued)
**This Warranty Deed is being re --recorded so that it: could be recorded with the
Fower of Attorney.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said heirs and assigns forever. And the said
Grantors) does(do} hereby covenant to and with the said Grantees}, that Grantees) is/are the owners) 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 reservations, restrictions, dedications, easements,
rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility
assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the
same from all lawful claims whatsoever.
Date: December 6, 2002
William K. Curtis
Notary Acknowledgment -� see page 2
Helen Curti
Margar
bg: Willi.am i';endall. Curtis, her attoraey
in fact
%d/ARRANTY DEED - NOTARY ACKNOWLEDGMENT(S):
1'
State of Idaho, County of Ada, ss.
On this day of December in the year of 2002, before me, the undersigned, a Notary Public in and for
said State, � ersonally appear d William Kendall Curtis, Helen Curtis and
i'i A da r- r known or identified to me to be the person(s) whose
name($) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the
same.
Debbie Andrews
Residing at: Boise, Idaho
My commission expires: 10/14/03
State of Idaho, County of Ada, ss.
44
��y
On this day of December in the year of 2002, before me, the undersigned, a Notary Public in and for
said State, personally appeared William Kendall Curtis known or identified to me to be the person(s) whose
names(s) is/are subscribed to the within instrument, as the attorney in fact of Margarguerite Jane Scott
thereto a$ principal, and his/her own name as attorney in fact.
bbie Andrews
Residing at: Boise, Idaho
My commission expires: 10/14/03
is * 1 'v DIV
4z: - �v
EXHIBIT "A"
The Southwest quarter of the Southeast quarter of Section 6, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho.
EXCEPT that property described in Deed recorded in Book 131 of Deeds at Page
56, records of Ada County, Idaho.
AND ALSO EXCEPTING that portion conveyed to the State of Idaho by Warranty
Deed recorded July 20, 1955 as Instrument No. 380284, records of Ada County,
Idaho.
AND ALSO EXCEPTING that portion conveyed to the ADA COUNTY HIGHWAY DISTRICT by
Warranty Deed recorded October 31, 2002 as Instrument No. 102127142, records
of Ada County, Idaho.
AND INCLUDING the following real property:
Commencing at the Southeast corner of Section 6, Township 3 North, Range 1
East, Boise Meridian, Ada County, Idaho and running
North 89°28'06" West 1153.31 feet (formerly described as North 89°37' West
1153.68 feet and as North 89°59' West 1152.80 feet) along the Southerly
boundary of said Section 6 to a point which bears
South 89°28'06" East 167.20 feet from the Southwest corner of the Southeast
quarter of the Southeast quarter of said Section 6, said point also being on
the extended Westerly boundary of Doris Subdivision as shown on the official
plat thereof on file in the Office of the Ada County Recorder in Book 16 of
Plats at Page 1080; thence continuing
North 89°28'06" West 423.72 feet along the Southerly boundary of said Section
6 to a point which bears
South 89°28'06" East 1063.99 feet from the Southwest corner of the Southeast
quarter of said Section 6; thence continuing
North 0°23'20" East 18.15 feet to a point on the centerline of Fairview Avenue
CU. S. Highway No. 30); thence continuing
North 0°23'20" East 50.00 feet to a point on the Northerly right-of-way line
of said Fairview Avenue (U. S. Highway No. 30), said point being the REAL
POINT OF BEGINNING; thence continuing
North 0°23'20" East 461.30 feet to a point; thence
North 89°36'40" West 406.56 feet to a point; thence
North 0°23'20" East 777.48 feet to a point on the Northerly boundary of the
North half of the Southeast quarter of said Section b; thence
South 89°53'08" East 8.30 feet along the Northerly boundary of the North half
of the Southeast quarter of said Section 6; thence
South 0°23'27" West 770.44 feet to a point; thence
South 89°05'22" East 403.73 feet to a point; thence
South 0°11'07" West 463.25 feet to a point; thence
South 78°45'39" West 7.22 feet to the POINT OF BEGINNING.
EXCEPT ditch and road rights of way.
AMLNI)LD AND RCSTA"i'ED
()PFRATiNC A�I�EMENT
()F
�'AIRVIEW LAKLS, L.L.C�+
,A Tay f7isre�,tarde� �in�le 1V1crr�bc�•, Man��c�r M����a�ed I_.i»-�ited Li�.bility CQrr�p�y
Dated iJffective: July I, 2015
2519817v1
AMENVILI V ANU Ktisl I ATEIl t1PT'4RATI114" A�:REr1VIEN 1
C)F
FA,iRVIEW LAKES, L.L.C.
I'hc urldcrsigned inernber, desirtilg to foI111 a limited liability colllpally under the Idaho
Limited Liability Company Act ("Act?'), hereby agrees as follows:
l'lle r2lerrlbel's pi'eVlously entered lllto all operatlllg agree>llel�t g()Vel'nlnf; the c)peratlon (){'
the LLB; on December 1, 2002 (hereinafter "Original Operating Agreement"). Subsequent to the
triginal Operating Agreement, Douglas W. Tamura purchased all membership Interest in the
Company, and Douglas W. Tamura is the sole member and manager of the Company.
Douglas '�1. Tamura, as the sole I11elllbel• anti nzanagei• 01' the C'on�l7any, hereby arrtends,
restates and replaces Original Operating Agreement in its entirety with this Amended and
Restated Operating Agreement.
1.1
"Company" ).
1,2
filed with the
time to time.
AI�TICI.E � .
DEFINITIONS
Name. The I1aI��e oI'tl�e limited liability company is Fairview Lakes, L.L.C. (the
Articles oI' Organization. 'I'hc Articles of Organization far the Cotrlpany were
Idaho Secretary o1' State on November 22, 20t)2 ("Articles"), as amended from
1.3 Principal Place c)f I�usiness. The principal place of business shall be 1124 Sairta
Maria Drive, Boise, Idaho 53712 or such other location or locations as the manager May
establish from time to time.
1.4 Registered Office at�d Registered Aent. The Company's initial registered office
shall be at 1124 Santa Maria Drive, F�c)ise, Idaho, f�:�712 and the name of its initial registered
agent at such address shall be Doug Tamura, The manager may change the registered office and
registered agent from time to time.
1.5 Business Pul•pose. The primary purpose of the Company shall be to engage in
any lawful business permitted by the Act or the laws of the State of Idaho.
1.6 Agreement. The member executing this Operating Agreement (the "Agreement")
hcreby agrees to the terms and coi�ditions c�I' the Agreement, as it may from time to time be
amended according to its terms. To the extent any provision of the Agreement is prohibited or
ineffective under the Act, the Agreement shall be considered amended to the smallest degree
possible in order to make the Agreement effective under such Act. In the event the Act is
subsequently amended or interpreted in such a way to make any provision of the Agreement that
was formerly invalid valid, such prevision shall be considered to be valid from the effective date
of such interpretation or amendment.
AMi;NDLD ANU 1DES'11A'1'l,11 f7i'IeVA1I'INc: AC:II1Wkin .Mi':N`CC)I+' FAlizvirw LAifrs, L.L.C. -1
2519817v1
AR'I'IGLE Z.
MEMBEit, l"ONTR "U`I'I+jl'1S, ANTI INTERS T
2.1 Name and Address. The sole n•Iember of tle Company is Douglas W. Tamura,
whose address is 1124 Santa Maria Drive, Boise, Idaho 83712,
2.2:t}11t11but%Mn0. The n�eml�er's initial ccmtributic�n :�ht�ll he �s shnwn an tl�e bt��jks
and records of the Company.
2.3 Limitation c71` Liability. I'he member's liability sha11 be lilnitcd to the maximum
extent permitted by applicable law. The failure of the Company to observe any formalities or
requirei�aents relating to the exercise of its powers or management of its business or affairs shall
not be grounds for imposing personal liability on the member for liabilities of the Company.
2.4 ether Business of Member. The tnetnbcr Inlay engage independently or with
ethers in other business and investment ventures of every nature and description even if it
conflicts with the business of the Company, and shall have no obligation to account to the
Crampany for such business or investments or for business or investment opportunities.
2.5 No Additional Contl•ibutians. 'I'hc member shall not be required to make any
additional capital contributions.
2.6 No Interest on Ca ital Contributions. No interest shall be paid on capital
contributions.
ART1C'LE 3.
1V�ANA�I+'aMENT, MEMaul It� AND AMENDMENTS
3.1 Manager. As provided in the Aliicles, the Company elects to be "Manager
Managed" and shall be manag�cl by a manager or Inanat;ers chosen by the member from time to
time. A manager may be an individual or entity, and need not be a member of the Company.
The initial manager shall be Douglas W. Tamura.
3.2 Authority of Manap-,er to Bind the Companx. Except for those situations in which
the approval ol'the member is requil•cd by the Act ar thts Agreement, the manager shall have and
exercise full, complete and exclusive authority, power and discretion to manage and control the
business, property and alliairs of the Company, to make all decisions regarding those matters and
to perform any and all other acts or activities customary or incident to the management of the
�'ompany's buslllcss, property and affairs. All decisions made and actions taken by the manager
with respect to the management and control of the Company shall be binding on the Company
and the member.
3.3 Company Signature Block. Attached as Exhibit A is the signature block of the
CatnpaIly.
3Voting_ Rights. The member :hall not be required to vote can any matter wi
.4 th
respect to which a manager has authority to act under Section 3.2 above, unless the vote oi' the
member is specifically requested by the manager. In the event the Company admits additional
AML;Nli1,v ANl) RFASl'A'I'H;U ()r�`.Itn`r'iNC. A.(.RC�:i:MC.IV`I' Or HAIRVR:W LAKES, L.L.C. - 2
251�)817v1
members pursuant to Section 6.1 of this Operating Agreement, on any natter requiring action by
the members, each member shall be entitled to vote the member's percentage membership
interest.
3.n) Member Meetings. Unless and until tl7e CAI77paI7y hilt, I71ore t17lln mile �1) member,
I77ember meetings shall not be required.
3.6 Amendment. '1'hc I77einbcr It7ay clll7end UI' repe�il t17.e pr��visioa7s Uf this Agreement
in writing. This Agreement may not. be amended or repealed by oral action.
ARTICLE 4.
ACCOUNr1iING AND RECORDS
4.1 Baaks of A.cc�)ul7t. The managc;r shall maintain the Company's books and
records and this Agreement. The manager shall keep, or cause to be kept, books and records of
the operation of the Company which are appropriate and adequate for the Company's business
and for the carrying out of this Agreement.
4.2 Fiscal Year. The Iiscal year of the C'arrlpany shall be the calendar year.
ARTICLE �
1�ROFITS, LOSSES AND DISTRISU I WINS
_5,1 Profits and Losses. Yr'ofits and lasses of the Cjalllpally shall be allocated c)I7e
17undred percent (100%) to the member.
5,2 I�4stributic7rl�. "1'he C'or7ipany shall make distributions tc) the naen7ber at such time
and in such an7ounts as the manager shall determine.
C
,� Sin lg_e; Mcn�bcr �,LC'. If and far sa land; as the Company has only a. single
member, the Company intends to be treated as a "disregarded entity" solely f�Vr purposes of` state
and federal income taxes; and all items of income, gain, loss, deduction and credit shall be
allocated to the mernber in accordance with the applicable provisions of the United States Code.
ARTICLE
6.
AI�I�ITI()NAL MEMI3Elt5
fi.l Admission of New Members. Person(; may be added as new niernbcrs or as
assignees upon the consent of the existing 177e177beI'; provided, however, a person shall not
become a member unless and until such person agrees to be bound by this ,Agreement and to
satisfy any other reasonable requirements of the manager. The addition of any additional
members other than a spouse will terminate the tax disregarded status of the Company.
Notwithstanding the foregoing, in the event of the death of the member, the member's estate, by
and through the legal representative of the estate, shall have all of the rights of the member under
the Act and this Agreement.
6.2 Rights of Unadlnitted Assi Ti�ees. A person who acquires a membership interest
but wl7o is not admitted as a rricmbcr pursuant to Section �.1 ("Assignee'') shall be entitled only
AML1VnI:[) ANU R�S'rArrN:>% n[3t;[aAP[1INu AG[t[i:H;Ib[l,:N•I' (IV F'A[RVI[i�.w LA[crs, L.L.C:. � 3
2S19A17v1
to the economic rights with respect to such transferred membership interest in accordance with
this Agreement, and shell have no right to vote on any platters as a member, shall have no night
to any information or accounting of the affairs of the Company, shall not be entitled to inspect
the books or records of the Company, and shall not have any of the rights of a member under the
Act or this Agreement.
ARTICLE 7.
ISSOLUTION
7.1 13vents of T)lssolution. Excerpt as otherwise provided iI1 this A.greelnent ar the
Act, the Company shall dissolve upon the vote of dissolution by the member.
7.� Lic�uidalion tJpon_ Dissolution and Wiildin
...ompany, the affairs of the Company shall be wound up,
liabilities of the CoI„parry shall be takcll. The assets shall
proceeds applied as follows:
�, iTl�on the di;�solution of the
A f'U11 account of the assets and
be promptly liquidated and the
l.) First, to the paylnellt and dascllarge of all oi' the Company's debts and
liabilities to creditors ether than the member;
�) �ccond, to the payment and discharge of all of the C'ornpany's debts and
liabilities to the member; and
3) The balance, if any, to the member.
With approval of the I1ie111ber, the flontpany may, in tllc process of winding up, elect to
distribute property in kind.
A,PTICLE K.
1NDEMNIFICATI[�N
"I'hc Carnpally shall indenlnif`y the rrlembcr and 111anager to the fullest extent permissible
under applicable law, against all liability, loss and casts (111% 1U 1116, without limitation, attol•neys'
fees through all levels of appeal) incurred or suffered by such person by reason of or arising from
khe fact that such person is or was a member or manager of the Company, or is or was serving at
the request of the Company as a member, manager, director, officer, partner, trustee, employee,
or agent cal' 'another foreign or domestic limited liability company, corporation, partnership, joint
venture, trust, benefit plan, or other enterprise. The Company may, by action of a manager,
provide inden nif ication to employees and agents of the Company. The indemni cation
provided in this section shall not be exclusive of any other rights to which any person may be
entitled under any statute, bylaw, agreement, resolution of member, contract, or otherwise.
AI•tTlCLL++' 9.
MI�C:ELLANE()US
�.1 Headings. Headings in this Agreement. are for convenience only and shall not
affect its Inealllilg.
AMENI)i�:I) ANi) Rr+:s`I`ATT:I) �?PI;RA'I'INCy AC;RLLMLN'1' UI� CAI}iVII�;W IaAMiI�:�;, L.L.G. - 4
2519$17v1
9.2 Severability. The invalidity or unenforceability of any provision of this
Agreement shall not affect the validity or enforceability of the remaining previsions.
9.3 ThirdmPai-ty Beneficiaries. The provisions of this 1kgrccrncnt arc intended solely
for the benefit of the member and shall create no rights or obligations enforceable by any third
party, including creditors of the Company, except as otherwise provided by applicable law.
9.J4 Company Not Separate Entity (or Tax I'rlr�ases. I'lle rrlcmbcr has formed the
limited liability company tinder the Act, and expressly intends to have the limited liability
company disregarded as a separate entity for purposes of` i`ederal and state income taxation. The
7ompany may at the discretion of the Manager have a separate tax identification number. To the
extent that such treatment is not obtained due to any provision in this Agreement, this Agreement
shall be retroactively amended to the smallest degree necessary to provide for and allow such
treatment. The nwiernber hereby consents to any and all such amendments.
9.5 Bindiii .Lg��ffect. 1?xcept as otherwise l�rc�vided in this Agreement, every covenant,
term, and prevision of this Agreement shall be binding upon and inure to the benefit of the
member and his or her heirs, legatees, legal representatives, successors, transferees, and assigns.
9.fi �onstructlon. Every covenant, terni, and provision of this 1lgrccmcnt shall be
t;onstrued simply according to its fair meaning.
9.7 Titne. Time is of the essence with respect to this Agreement.
9.S �ovei•ning I_,aw. The laws of the State of Idaho shall govern the validity of` this
Agreement, the construction of its terms, and the interpretation of the rights and duties of the
member.
9.9 Notice. All nc?tires, domands, requests and other communications required or
permitted hereunder shall be in writing and shall be deenic; dclivcrcd on the earlier %J (i) three
(3) days after the date of posting of registered or certified mail, addressed to the addressee at its
address set forth herein or at such other address as such party may have specified theretofore by
notice delivered in accordance with this section, (ii) attempted delivery or refusal to accept
delivery if sent by courier or other personal delivery service, or (in) actual receipt by the
addressee regardless of the method of giving notice. The addresses in this Agreement, as
amended from time to time, shall be used for purposes of giving notice to the member.
910
Rights and Remedies Cumulative. The rights and remedies provided by this
Agreement a.t'e cumulative and the use of any one right fir remedy by any party shall not preclude
Or waive the right to use any or all other remedies. Said rights and remedies are given in addition
to any other fights the parties may have by law, statute, ordinance or otherwise,
9.11
Waivers. The failure of any party to seek redress for violation of or to insist upon
the strict perforniai�.ce o(' any covenant or condition of this Agreei�lent shall not prevent a
subsequent act, which would have originally constituted a violation, from having the effect of an
cViginal violation.
AMENI)EI1 ANL) iti;�'1'A"1'I�,i) (31�1sltA'CING ACRI;I:ML:NT Ui+ rAlitVILW LAI([�.�+, 1..�.�.
2519817v1
9.12 AttornU ' I4ecs. In the event any action is instituted to entorce or determine the
parties' rights of duties arising out of the terms of this Agreement, the prevailing party shall
recover reasonable attorneys" ices and costs through all levels of any action incurred in such
�rOCCLd1n�;.
tend of tCXt�
AMrNDF.n ANIa i7CSTATI;>]� �I'LItr17'1NU A.t_:.itH;k:MH;N'1' [�lH FAIR'ViF.W LAlcrs, L.L.C. - 6
2S 19ft 17v 1
ADUI''1'E1.) mcctive as ot` the mate first set corm above, by the undersigned, constittating
the sole member of the Company. A
MEMI�ER9
M11N�1t�F.I�:
Tamura
1�1111zV1LW LAI�I�S, L.L.C:., an Idaho 1i1��itcd
liability G.pmpany
c�tt�la� W. Taanura, Manager
A�yiavi��:u nN�� R�srnrt.�a t)rr�:rtnrr�c; Ac�zr��.n�1i�.rv�r aj� Fn�uvn�.w l.,nic[a, L.L.C. - 7
25i9$17vi
(1) Disk with electronic version of the conceptual engineering plans in the format specified
above.
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
�J/?E (name) 1 P 0 7l (address)
(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:
Q�
(name) �l� l (addrC�ess3 � l 2
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).
SUBSCRIB
Dated this � day of
RN to before me the day and year first
.• ..� �itY p� s• • •••
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• . NO
Residing at:
(Signature)
written.
Public for I
(Notary
My Commission
Community Development ■Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 ���ww.mcridiancity.fill g/hl�lllnulL
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,tames Ryder <woodarti�an22@grnail.com>
Address Verification Complete,
1 n���essage
norepfy@meridiancity.org �norepl}�@meridiancity.org> Fri, May 31, 2019 at 12:04 PM
To: woodartisan22(a�gmail.com, doughtamura a�msn.com, tricks(c�meridiancity.org, rbeecroft a+�7meridiancity.org
Address verification is complete for record LDAV-2019-0331
Project: The Griddle
Address:
910 E FAiRVIEVV AVE
MERMAN, Id 83642
Parcel(s):
R1819650070
Lot: 4
Block: 3
Subdivision: DEVON PARK SUB NO 01
City of Meridian
33 E. Braadv�:ay 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 lav,�; in regards to both release
and retention, and may be released upon request, unless exempt from disclosure by law.
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