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HomeMy WebLinkAboutCity Clerk ChecklistCITY CLERK FILE CHECKLIST Project Name: Market Square Contact dame: Matthew Smith File No. AZ 04-009 Phone: 378-400 Date Received from Planning and Zoning Department: Planning and Zoning Level: Hearing Date: March 25, 2004 May 20, 2004 ❑X Transmittals to agencies and others: April 6, 2004 ❑X Notice to newspaper with publish dates: _ 3-Mav-04 and 17-May-04 ❑ Certifieds to property owners: ❑ Planning and Zoning Commission Recommendation Notes: City Council Level: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: ❑ Certifieds to property owners: ❑ City Council Action: 0 Approve ❑ Deny Hearing Date: ❑ Approve ❑ Deny ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: Resalu"" Onginal Res/Copy Ce" Mnutebook ❑ Approved by Council: cow Res/Copyce Ciy Clerk .YEng near QyPlenner Copies Disbursed: Ci)(AlIoney SleningC°6aers Project He Depuy Cleric ❑ Findings Recorded CopYRes,Ongnel Cert Atle Cpuny (CPAs) Development Agreement: Applcant(non-CPAs) Recor6Aoranenpa Onginal: Mkiutebook ❑ Sent for signatures: Copes re: Cly Clete StareTa.c°- Stare Traassurer,Audtor. Assessor ❑ Signed by all parties: Sterlin CiygAtlomeCornyy Clty Engineer ❑ Approved by Council: Ciy Planner Pgect ppcan Pt Clappl.) ❑ Recorded: DeDuyclerk Original'. MinureDook Ong al -Mboo El Copies Disbursed: Copies m: Applicant Protect Ale Ciy Engineer Ciy Planner Ordinance No. Resolution No. Ci Deppuy tycley Clen ^ J eM,no Va..$on FlnAnps ^ ❑ Approved by Council: ° R"°'°'°D°VelFwepm`fHe Onpinal:Freproof File copies ❑ Recorded: Deadline: 10 days jest Wcant P'°'°'"'° Ciy Engineer ❑ Published in newspaper: Ciy Plame D'P.,y0J, oeD�ycl�n ❑ Copies Disbursed: Notes: File No.: AZ-04- b0C� Project Name: Market Square Request: Annexation & Zoning of 36.93 acres from RUT (Ada County) to C-G (General Retail and Service Commercial) zone for Market Square. Location: North-east corner of N. Eagle Road and E. Ustick Road, in the SW '/4 of Section 33, T.4N., R.IE. MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Shaun Wardle William L M N CITY OF 1 erl�ilcn IDAHO LEGAL DEPARTMENT (208) 466-9272 • FAX 466-4405 PARKS & RECREATION (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 Fc BUILDING DEPARTMENT 1 Charles M. Rountree e^reR, v (208) 887-2211 • Fax 887-1297 A1JE Keith Bird S110E PLANNING & ZONING 993 TREASURE � (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: May 13, 2004 Transmittal Date: April 6, 2004 Hearing Date: May 20, 2004 File No.: AZ 04-009 Request: Annexation and Zoning of 36.93 acres from RUT to C-G zone for Market Square By: Smith Brighton Location of Property or Project: northeast corner of North Eagle Road and East Ustick Road David Zaremba, P/Z (No VAR, VAC, FP) David Moe, P/Z (No VAR, VAC, FP) Wendy Newton-Huckabay, P/Z (No VAR, VAC) Michael Rohm, P/Z (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Tammy de Weerd, Mayor Bill Nary, C/C Charlie Rountree, C/C Keith Bird, C/C Shaun Wardle, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney Your Concise Remarks: City Engineer City Planner Parks Department Meridian School District (No FP) Meridian Post Office (FP/PPonly) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PPonly) Qwest (FP/PP only) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PPonly) Idaho Transportation Department (No FP) Ada County (Annexation only) Ada County Land Records (FP/PPonly) Meridian Development Corporation Historical Preservation Commission 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 • Human Resources Fax (208) 884-8723 • Finance & Utility Billing Fax (208) 887-4813 ./ L./ CITY OF MERIDIAN ' Planning & Zoning Department _ 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 "OQ� (208) 884-5533 Phone / (208) 888-6854 Fax ANNEXATION AND ZONING OR REZONE APPLICATION (RE: Meridian Zoning Ordinance - Section l I-15 and I I-16)/ PROPOSED NAME OF PROJECT/SUBDIVISION: A � ii9 ADDRESS, GENERAL LOCATION OF TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Z2,rW'W" �a ACRES OF LAND IN PROPOSED ANNEXATION/REZONE: 36. 93 PRESENT LAND USE: 14121-1,eA /a I PROPOSED LAND USE: PRESENT ZONING DISTRICT: 7- PROPOSED ZONING DISTRICT: C APPLICANT: 61�i T /7 /&i qf� ADDRESS:._L���l y PHONE-AOB ' 3 �' y2 UG FAX: 10 ' -fl Y6oZ E-MAIL: �S✓�/� �ii �dii 9Li iCoi� . Com ENGINEER, SURVEYOR, PLANNER: ADDRESS: :5141 Gc 1lo la 't-reee+ 41Jr,c D PHONE: &'9- 415�/-OZ51 FAX: ZO$- `iSy-o9 �Y E-MAIL: OWNER(S) OF RECORD*: ADDRESS: �2,9 �77 Auii-UIdlel/ PHONE: $ -V,2 -S(aO FAX: ,?O$ -3 Z Z--O / zl j E-MAIL: NOTE: If there is a sale pending on this property, please list buyer name, address & closing date: 01 I have read the information contained herein and certify the information is true and correct. Si6iature of App 'cant *Annexation may require entering into a development agreement as a condition of annexation. Current owner(s) must execute agreement. Explanation of any change in ownership and timing for same shall be included in narrative. Rev. 11103103 SMITH BRIGHT P R O P E R T I E S RECET17F T. March 31, 2004 APR - Z 2004 City of Meridian City Clerk OfficE City of Meridian —Planning and Zoning Dept. Anna Powell and Brad Hawkins -Clark 660 E. Watertower, Suite 202 Meridian, ID 83642 Dear Anna and Brad: The purpose of this letter is to clarify Smith Brighton's intentions pertaining to its March 15, 2004 application for the annexation and rezone of approximately 36 acres on the North East corner of Ustick and Eagle Roads. First: Smith Brighton hopes to obtain a C-G zoning designation over the entire subject property to enhance flexibility and creativity throughout the project. Second: Smith Brighton has an intended user for the northern half of the subject property. The applicant desires to obtain approval of the proposed building during the current annexation and rezone process. A detailed site plan, "Exhibit A," has been submitted that shows the proposed building's footprint, its orientation on the site, the parking area, as well as the landscape areas and the proposed traffic circulation. While the building footprint will remain as shown on Exhibit A, the illustrated access points, landscape and parking lot areas along with the small retail parcels near Eagle Road may adjust a little as the market dictates. However, the general layout will remain unchanged. Third: To increase the efficiency of permitting as well as helping to alleviate burdensome work for Meridian City's staff, its Planning and Zoning Commission and its Council, the applicant proposes a list of uses that will be permitted uses for the subject property. The proposed list of uses is found on "Exhibit B." Thank you for your time and effort in reviewing Smith Brighton's application. Please feel free to contact me with any questions or concerns. Best regards, , rn��Z� Matthew C. Smith Smith Brighton EXHIBIT A DALDCYPRE55 ROAD JU ......... . otHt"HHH I i I I I -m I U /' willmillulliflopow Rl! i I I I I I I I Lo I �i Elk L11 I ACCESS T T < SMALL SERVICE 0 COMMERCIAL T IL rl�IEIAIL 1.64ACRE5 Ru FULL ACCESS_= pKF.r4K4:4j oflAIMMIRRI-1110 ii imi ii i nimillill ---- - - - - - - - - - - - - - - - - - - -- it COMMERCIAL 10.4 &-US PLAZA/ 64 ACRES �� �l� FLX.L FULL r ACCESS ACCESS 1.15TICK ROAD N L5MALL5ERVICE COMMERCIAL/RETAIL 1.33 ACRES SMALL SERVICE COMMERCIAL/RETAIL loo.a PROPERTY LtX TO CURB PAVEMENT 1.5! 100 5.a 5.Op t5' 5.0' 37.a 5.(YI.55.Op 5.01 20.01 -c - - -- PROPERTY wmm MR FL" 3 LAW STREET IKE =151DE-f- 5 L L , �lw-msr,�WALK ANE LANE WALK I LINE T--T— NEW STREET PROFILE TRAN51TION ACCE55/ LANDSCAPE ROAD/BIKE LANE EXHIBIT B MERIDIAN MARKET PERMITTED CONDITIONAL AND PROHIBITED USES Uses will be governed by Meridian City Ordinance 11-8-1, Zoning Schedule of Use Control as may be amended from time to time. The following uses may also be developed as permitted uses: Adult Day Care Animal Hospital Auction Establishment Automobile Related Business: Automobile Repair Shop -Minor: Service Station, Car Wash Bank, Financial Institution Bottling and Distribution Plant (Microbrewery Type Only) Bus Station Church Clinics (medical, dental, optical) Club, Lodge, Social Hall Convenience Store w/Gasoline Service Construction Businesses: Contractor's Shop, Sheet Metal Shop, Roofing Shop, Sign Painting Shop Driving Range Dry Cleaning Electrical Equipment and Products Electrical Supplies and Appliances Entertainment Centers: Indoor: Bowling Alley, Skating Rink, Arcade, Arena, Archery Entertainment Centers: Outdoor: Amusement Park, Ball Park (baseball, football, soccer), Water Park, Batting Cages, Go Cart Track Flex Space: Office Warehouse Mix Golf Course Greenhouse, Nurseries (already permitted) Grocery Stores Hospitals Hotels, Motels Indoor Firing Range Laboratories (medical, dental, optical) Laundry, Clothes Cleaning, Pressing Business Laundry, Industrial Laundry, Self -Service Mausoleum Medical Research Facilities Molded Plastic Products Mortuary Newspaper and Printing Establishment Office Parking Lots: Commercial, Off -Site Accessory Parking Lot, Parking Garage/Structure Parks and Plazas Personal Service: Barber Shop, massage Parlor, Beauty Salon Pharmacy Photography Studio Post -Secondary -Education Facilities Printing, Lithography, Publishing and Associated Reproduction, exclusive of Paper Manufacturing Public and Quasi -Public Uses Public Service Facilities Radio and Television Stations (except exterior communications facilities) Restaurants Retail Sales: Building Materials, Hay, Grain, Bulk Garden Supply, Heavy Machinery Seed and Garden Supply Self Service Storage Standby Generators Theater (excluding Drive-ins) Utility Facility —Major Utility Facility _Minor Vocational, Trade, Industrial Schools Warehouse Storage Wholesale Business The following uses may be allowed upon application and approval as conditional uses: Automobile Repair Shop — Major Child Care Facilities Communication Towers Drive-in, Drive -through Establishments Missions, Food Kitchens Residential (planned development required) Sales Lots Schools, Private (vocational, trade and industrial schools are permitted) Shelter Home The following uses, in addition to those included in Meridian Ordinance Section 11-8-1 as prohibited uses in the C-C and C-G zones (unless permitted/conditional use above), are expressly prohibited: Adult Business (bookstore, theater, performance) Alcohol Establishments (other than combined with restaurant service or hotel/motel facility) Boarding and Rooming House Bottling and Distribution Plant Composting Facility Halfway House Nursing Homes and Sanitariums Recreational Vehicle Park Truck Terminal Truck Stop Uses Answers to Questions for Annexation and Zoning Application #5. The characteristics of the subject property that make the zoning amendment desirable are: 1) the subject property is located at the corner of a state highway and a major arterial in Meridian City, 2) the subject property has the capability of providing many needed retail services in the area for the surrounding residences, 3) the subject property because of its location will be able to provide a stronger tax base for Meridian City. #6. This zoning amendment is in harmony with the proposed surrounding land uses-- Kissler's property to the south and the Blue Marlin project on the Northwest corner of Ustick and Eagle. #7. The proposed zoning amendment matches Meridian City's comprehensive plan. Meridian City's 2002 Comprehensive Plan Future Land Use Map designates the entire subject property as "Mixed Use —Regional." The MU -Regional description calls for "no upper limit of non-residential uses, and allows for 200,000 sq. ft. of non-residential building area." (Chapter VII pg. 98). These descriptions are consistent with the proposed C-G zoning. The 2002 Comprehensive Plan on Chapter VII pg. 102 Objective B reads, "Plan for a variety of commercial and retail opportunities within the Impact Area." This too is consistent with our proposed annexation and rezone. MAR.22.2004 8:04PM EARL & ASSOCIATES N0.848 P.2 2AVJXW W1L1'iOl fe & VIVAMEMIMD, zwc. PROFESSIONAL ENGINEERS, LAND SURVEYORS & PLANNERS TELEPHONE. (208) 454-0256 314 BADYOLA STREET FAx: (208) 454-0979 CALDWELL, IDAHO 83605 Email: rgray@emands.net FOR: Smith Brighton Properties JOB NO.: IA2104 DATE: March 22, 2004 RE: City of Meridian Annexation Legal ANNEXATION DESCRIPTION A parcel of land being the SW 1/4 SW 1/4 of Section 33, Township 4 North, Range 1 East, Boise Meridian, Meridian, Ada County Idaho, more particularly described as follows: ]BEGINNING at the SW corner of said Section 33, said corner monumented with a 1/2-inch diameter iron pin; Thence N. 0° 30' 25" E., a distance of 1327.14 feet along the westerly boundary of said SW 1/4 SW 1/4 to the NW corner of said SW 1/4 SW 1/4 (S 1/16 corner common to Sections 32 and 33); Thence S. 89' 47' 55" E,, a distance of 1329.19 feet along the northerly boundary of said SW 1/4 SW 1/4 to the NE corner of said SW 1/4 SW 1/4 (SW 1/16 corner), said corner monumented with a 5/8-inch diameter iron pin; Thence S. 0° 29' 08" W., a distance of 1326.66 feet along the easterly boundary of said SW 1/4 SW 1/4 to the SE comer of said SW 1/4 SW 1/4 (W 1/16 comer common to Sections 4 and 33); Thence N. 89' 49' 08" W., a distance of 1329.70 feet along the southerly boundary of said SW 1/4 SW 1/4 to the POINT OF BEGINNING. This parcel contains 40.49 acres more or less. Also, this parcel is SUBJECT TO all easements and rights -of -way of record or implied. All according to Record of Survey No. 3769, recorded as Instr. No. 97008745 in the Office of the Ada County Recorder. The information contained in this legal description was derived from the data of record as shown on "Record of Survey No. 3769, Instr. No. 97008745", and is not based on an actual field survey. L � a MAR 2 3 2004 773 Meridian Publie tp 112,1 Works Dept. MAR 22 '04 15:1e PAGE.02 F. FOR VAWR RECtMI), DOWhW/ SHITCHOER and MARION L. SMITCHGER, Grantors, do hereby Qrant, bargain, sell and convey unto CAVEN, INC. and/or its assigns, the Grantee, whose cur -rent add�as is ¢Bea Kairview Avenu•j Boise, Idaho 83"0 4, the following described premises located in Ada county, State of Idaho, to -wit: ii-4-y�-e�-tka-•94�-4f#-et-t3f a-Bif-4�#-bf-i3eet3m2-33 ;--?M , -PtE SEE EXHIIB 'A" ATTACHE➢ HERETO TOWMER with all and singular the tenements, hersditaments, and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all estate, right, title, and interest in and to the n7[unarty; as well in law as in eavity; of the Grantor_ To mkvz AND To HOLD the said preniisee, with their appurtenances unto the said Grantee, its heirs and assigns forever, and the said Grantors do hereby covenant to and with the said Grantee, that they are the owners in fee simple of said premises; that said premises are free from all encumbrances escent as stated above in this Deed. Grantors further covenant and agree that they will warrant and defend the -ame from all lawful claims whatsoever except as set forth above_ DATED this 10th day of February , 199 7 9701276��Pw��f�.r DO�SMITCHGER W. NARION ITCHCER —7 Bois' L. ALLIANCE TML2 '97 FEB %18�Pi- - FEE__( RECC,.i . - WARRANTY DEED - 1 STATE OF IDAHO, County 64 Ada, Be. on this loth day of February in the year of 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared DONALD W. SMITCHGSR and NUTON L. SMITCMER kn^wn or identified to me cc be the person whose name is eubscribed to the within instrument, and acknowledged to me Liia[`_ they executed the � BtCet Signature: � ,��}✓'"' "'•.4�(p Name: PAMSLA J. BIG LOW (Type or Print) �fll �41jesidin�g At: BOISB, InAHO S t -�eon expires: 1-12-2000 {rpnr\ ..,hr.ur.yH,,,• i ORDER NO. 97065616 JG —:91T "A6 The fleet one-half of the Southxaet Quarter of the Southwest Quarter of Section 33, Township 4 North, Ranae x East, Boian Meridian, Ada County, 11aho. fi%C W that portion deeded to Ada County Highway District by Warranty Deed recorded April 7, 1995 ae Lnst raiment No, 9'3023303, Official Records. ALSO RXCM that portion deeded to Ada County Righxay District by Warranty. Deed recorded April 7, 2999 ag Tnet_ _ejt So. 95023304, Official re(-orde. !, r NAMMM OMM GEORGE FOR VALUE RECEIVED, LAWREMV SMITCHM, Grantor, does hereby grant, barga_n, sell and convey unto eAVER, INC. CORPORATION and/or its assigns; the Grantee, whose c•.:r-ent address is 6884 Fa= rview Avenue, Boise, Idaho 83704, the following described premises located in Ada Count!, State of Idaho, to -wit: E 1,/2 of the RN 1114 of the 4v 1 A _f Secticu 33, T4n, R1E; This warranty Deed is subject to a life estate .in the Grantor for and during Grantor's natural life or until such time as Grantor has abandoned the property for a three- month consecutive period, whichever occurs first. upon the havoening of either the death of the Grantor oz the Abandonment for the three-month perio:, this life esto G shall terminate autoratically. TOGETHER with Fill and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, rema_nder and remainders, rents, issues and profits thereof; and all estate, right, title, and interest in and to the property, as well in law as in equity, of the Grantor. To RAVE AND To HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns fore•,ir, and the said Grantors do hereby covenant to and with the said Grantee, that they are the owners in fee simple of said premises; that sair? promises are free from all encumbrances except as stated above in this Deed. Grantors further covenant and agree that they will warrant and defend the same from all lawful ciao-R whatsoever except as Bet forth above. S 7 0 12 7 6 7 DATED this 10th day of February, , 1997 . LA F rFITCHGER r�tLTtiN�c'P" e '97 MIX PM 3 'E[(.._ WARAAPTY DEED - 1 REC F { STATB OF IDAHO, Connty of Ada, On this IOth day of Fabr&ry � , in the =� 6z 199'/, before mk. ti the undersi,_ ed, a .tor zry Public in and for said State, Personally appeared LA�WP—'CE GEORGE SMITCWIM known or identified to me to be the person whose name is subscribed to s the within instrument, and acknowledged to me that they executed the same. 3 vp s BrpF'"� signature: NambC: PA''---- YARy (Type or Print) Residing At. NOISE, IDI�?O x r Pg+isaion. expires: 1-12-2000 03/12/04 13:55 FAX 208 377 8962 Z 002 AFFIDAVIT OF LEGAL INTEREST STATE OF IDA140 ss COUNTY OF ADA ) CavellInc. 6874 Fairview Avenue (address) Boise Idaho (city) (state) is the record owner of the property described on the attached, and it grants permission to Smith Brighton, 12601 W. Explorer Drive, Ste. 200, Boise, ID 83713, to submit the accompanying application pertaining to that property. Dated this 12'h day of March, 2004. Caven Inc. BY 4�L^ —' its 2 rej!4-,. 0 SUBSCRIBED AND SWORN to before me the day and year first above written. � Notary public for Idaho DIANg 1'••,• Residing at: Boise— • ,�`� O•®Q°°6$° Ile* Commission •. Commission Expires: 1/20/06 a4�'® oTApY •o o a r ® o C--1 �)0 °�l a •op �� ao ®® O � OF , �6•19 ���` GENERAL POWER OF ATTORNEY I, Jerry L. Caven of Ada County, State of Idaho, designate and appoint James D. Chambers of Ada County, State of Idaho, as my attorney in fact and agent (subsequently referred to as "agent") to act in my name and for my benefit. I grant to my agent full power and authority to do everything necessary in exercising any of the powers herein granted as fully as I might or could do if personally present and fully competent, hereby ratifying and confirming all that my agent shall lawfully do or cause to be done by virtue of this General Power of Attorney and the powers herein granted. 1. REVOCATION OF PRIOR POWER OF ATTORNEY: I hereby revoke any other general durable power of attorney which I may have previously executed. 2. GENERAL GRANT OF POWER: My agent shall have power to exercise or perform any act, power, duty, right or obligation whatsoever that I now have or may hereafter acquire, relating to any person, matter, transaction or property, real or personal, tangible or intangible, now owned or hereafter acquired by me, including, without limitation, the powers specifically enumerated in this instrument. Generally, my agent shall have power to do and perform all matters, transact all business, and make, execute and acknowledge all contracts, orders, deeds, mortgages, leases, assignments, assurances, and instruments of every kind which may be requisite or proper to effectuate the purposes of this General Power of Attorney. 3. SPECIFIC POWERS: Without in any way limiting the generality of the power and authority conferred upon my agent by this instrument, my agent shall have and may exercise each of the following specific powers: (a) Power to Acquire and Sell. To acquire, purchase, exchange, grant options and sell, assign, release, convey, mortgage, hypothecate, lease, and accept and take possession of real and personal property and interests therein, both tangible and intangible, upon such terms, conditions, and covenants as my agent shall deem proper; and to sign, seal, execute and deliver and acknowledge such deeds, leases, contracts, assignments, indentures, agreements, mortgages, deeds of trust, bills of sale, security agreements and related forms, GENERAL POWER OF ATTORNEY-1 exchange agreements, bills, bonds, notes, receipts, releases and satisfactions of mortgages, security interests, and judgments, and such other instruments in writing as shall be proper. (b) Borrowing and Banking Powers. To borrow moneys on my behalf and to sign, seal, execute, deliver and acknowledge on my behalf such promissory notes, bills, bonds, or other evidence of indebtedness and such mortgages, deeds of trust, security agreements, pledges, or other documents to secure the payment of borrowed funds as my agent shall deem proper. To make, receive, and endorse checks and drafts, deposit and withdraw funds, acquire and redeem certificates of deposit, in banks, savings and loan associations, and other financial institutions, and to release such mortgages, deeds of trust, or other security instruments as may be necessary or proper in the exercise of the rights and powers herein granted. (c) Powers of Collection and Payment. To forgive, request, demand, sue for, recover, collect, receive and hold all sums of money, debts, dues, commercial papers, checks, drafts, accounts, deposits, legacies, bequests, devises, notes, interests, stock certificates, bonds, dividends, certificates of deposit, annuities, pension, profit sharing, retirement, social security, medicare, insurance, and other contractual benefits and proceeds, all documents of title, all property and property rights, real or personal, intangible and tangible, and demands whatsoever, liquidated or unliquidated, now or hereafter owned by, or due, owing, payable or belonging to, me or in which I have or may hereafter acquire an interest; to have, use, and take all lawful means and equitable and legal remedies and proceedings in my name and for the collection and recovery thereof including the enforcement of mortgages, deeds of trust and security instruments, and to adjust, sell, compromise, and agree for the same, and to execute and deliver for me, on my behalf, and in my name, all endorsements, releases, receipts, or other sufficient discharges for the same. To pay and discharge all debts and demands due and payable or which may hereafter become due and payable by me to any person or persons whomsoever. (d) Management Powers. To maintain, repair, improve, invest, manage, insure, rent, lease, encumber, partition and in any manner deal with any real or personal property, tangible or intangible, or any interest therein, that I now own or may hereafter acquire, upon such terms and conditions as my agent shall deem proper, and to transfer any or all of my assets GENERAL POWER OF ATTORNEY-2 ... to the trustee of any revocable living trust which I may have created or which, under the power and authority conferred by this instrument, may be created by my agent for my benefit. (e) Motor Vehicles. To apply for a certificate of title upon, and endorse and assign or transfer title to, any motor vehicle; and to represent in such assignment or transfer of title that the title to said motor vehicle is free and clear of all liens and encumbrances except those specifically set forth in such assignment or transfer of title. (f) Business Interests. To conduct or participate in any lawful business of whatever nature; to execute partnership agreements and amendments thereto; to incorporate, reorganize, merge, consolidate, recapitalize, sell, liquidate or dissolve any business; to elect or employ officers, directors and agents; to carry out the provisions of any agreement for the sale of any business interest or the stock therein; and to exercise voting rights with respect to stock, either in person or by proxy, and exercise stock options. (g) Tax Powers. To prepare, sign and file joint or separate income tax returns or declarations of estimated tax for any year or years; to prepare, sign and file gift tax returns with respect to gifts made by me for any year or years; to consent to any gift and to utilize any gift -splitting provision or other tax election; to prepare, sign and file any claims for refund of any tax; to receive and endorse refund checks; to receive confidential information from any taxing authorities and to perform any and all acts that I could perform before any taxing authorities as to any tax matters involving me for any taxable period or years including completing and executing Internal Revenue Service Form 2848 (or any similar form granting authority to act for me); to enter into any compromise and settlement agreements regarding any disputed tax matters; and to delegate the authority and tax powers granted in this paragraph to other individuals or entities. (h) Safe Deposit Boxes. To have access at any time or times to any safe deposit box rented by me, wheresoever located, and to remove all or any part of the contents thereof, and to surrender or relinquish said safe deposit box, and any institution in which any such safe deposit box may be located shall not incur any liability to me or my estate as a result of permitting my agent to exercise this power. GENERAL POWER OF ATTORNEY-3 4. INTERPRETATION: construed and interpreted as a enumeration of specific powers does it, limit or restrict the my agent. This instrument shall be General Power of Attorney. The herein is not intended to, nor general powers herein granted to 5. EFFECTIVENESS AND DURATION: This General Power of Attorney shall be effective immediately and shall not be affected by my subsequent disability or incapacity. Provided however, that this General Power of Attorney shall expire on April 20, 2004, at which time the powers granted herein shall cease. 6. REVOCATION: I may revoke, suspend, or terminate this General Power of Attorney by giving written notice of such revocation to my agent in writing. In addition, if this General Power of Attorney has been recorded, the written instrument of revocation shall be recorded in the office of the recorder or auditor of any county in which the power of attorney is recorded. 7. LIABILITY OF AGENT: My estate shall hold harmless and indemnify my agent from any and all liability for acts done on my behalf in good faith and not in gross negligence or fraud. 8. THIRD PARTY RELIANCE: Third parties may rely upon the representations of my agent as to all matters relating to any power granted to my agent, and no person who may act in reliance upon the representations of my agent or the authority granted to my agent shall incur any liability to me or my estate as a result of permitting my agent to exercise any power. 9. GOVERNING LAW: This General Power of Attorney is executed and delivered in the State of Idaho and the laws of the State of Idaho shall govern all questions as to the validity of this power and as to the construction of its provisions. IN WITNESS WHEREOF, I have executed this General Power of Attorney this 25th day of February, 2004. GENERAL POWER OF ATTORNEY-4 STATE OF IDAHO ss. County of Ada On this 25th day of February, 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared Jerry L. Caven, known to me or identified to me to be the person whose name is subscribed to the within General Power of Attorney and acknowledged to me that he executed the same. (SEAL) • =R T AR y ;� �''• 9 TE O'� l9P` GENERAL POWER OF ATTORNEY-5 t. �fvz_ Notary Public for Idaho _ My Commission expires: AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA ) Smith Brighton, LLC, 12601 W. Explorer Dr. Ste. 200, promises to post the property relating to the accompanying application 10 days prior to the public hearing. Dated this 12`h day of March, 2004. Smith Brighton, LLC By: (Matth C. Smith, Member) SUBSCRIBED AND SWORN to before me the day and year first above written. J 0 Residing at:_ Commission 1 ofl CITY OF MERIDIAN PLANNING ZONING PUBLIC WORKS I FIRE DEPARTMENT Area of Property (Sub or Site Location): 50-1910-32290 Date of Receipt 3/15/2004 - nec UStick & Eagle.. Over Paid I Receipt# 50-1910-32290 P & Z Total: 1,008:00 50-1940-32217 Fire Review Toal: 50.00 60-3200-32250 PW Total: `' 82.00.. Total Deposit: $1,140.00 Name of Devlp/Applicant: .Smith Brighton APPLICATION TYPE ENTRY P&Z Fees I Fire Fees PW Fees ANNEXATION & ZONING / REZONE i acre or less # of Anncxations> 0.00 0.00 0.00 Over I acre # of Ann exations> + SI 5/ er additional acre or portion thereof " Acres> 1 36 468.00 Acres 540.00 50.00 82.00 Staff -prepared Consensual Annexation App. for properties receiving W & S service # Annex: + S15/per additional acre or portion thereof # Acres> 0.00 Acres 0.00 0.00 0.00 A & Z TOTAL: 4 008 0 . 50.00 82.00 PLANNED DEVELOPMENT (PD or CPD) Conceptual PD #of CPD> + $2/residential unit (lots are a unit for Fire) #of Units> + 0.02/s.f. non-residential unit # S.F_> 0.00 Units 0.00 Sq Ft 0.00 0.00 0.00 Residential" #of Res.PD> + $12 / residential unit #of Units> 0.00 Units 0.00 0.00 0.00 Commercial or Mixed Planned Dvlpmt #of CPD> + $12 / residential unit #of Units> I 0.00 Units 0.00 Sq Ft 0.00 0.00 0.00 + 0.05/s.f. non-residential unit # S.F> CPD TOTAL: 0.00 0.00 '- 0.00 CONDITIONAL USE PERMIT (nwpD) i acre or less Enter, of each Application 0.00 0.00 0.00 Over ,l acre Enter # of each Application + S 15 / per additional acre or portion thereof #_Acres> ' 0.00 0.00 Acres 0.00 0.00 CUP TOTAL:j 0.00 > 0.00 0.00 Accessory Use Permit Enter # of AUP> AUP 0,00 DAY CARE INSPECTIONS Enter # of Locations> jDayCare o.00 Variance Enter # of Variance> VAR 0.00 Fence Variance Enter # of Fence Variance> VAR 0.00 COMPREHENSIVE PLAN AMENDMENT Map Amendment Enter # of CP.A> `' + S20 / acre # of Acres> 0.00 Acres 0.00 CPA TOTAL: 9.00 Text Amendment Enter # of Text Amend> T AIM,[' 0.00 Zoning Ordinance Amendment Enter #of Amend> Ah1D 0.00 Vacation of Easments or Roadways Enter #of Vac.> VAC 0.00 All Other Applications/Reviews Enter #of App/Rev•> �;.x�p 0:00' SMITH BRIGHTON, LLC 12601 W. EXPLORER DRIVE, SUITE 200 BOISE, ID 83713 (208) 378-4000 WELLS FARGO BANK, N.A. 1542 92-379/1241 DATE 03/12/2004 PAY: EXACTLY ONE THOUSAND ONE HUNDRED FORTY DOLLARS t ¢: ' n _ TO THE ORDER City of Meridian OF: AMOUNT s *"'11,140.00 m a N A 0 8 AU RIZEDSIGNATURE� III 00 IS 4 211' 1: 1 2[,1 C3 3 7991: 28 1000 7P. 9611' 04/06/2004 09:36 FAX 2088886854 MERIDIAN P&Z DEPT. 4 City Clerk, 10003 RADIUS NOTICE REPORT FILE NAME: mermrk--t 06-Apr-2004 Owners Owner Address ALLISON KATHRYN E 13346 W FOXFTRE CT BOISE, ID 83713-0000 Property Address: 13346 W FOYFIRE CT ARIAS DAVID ANTHONY JR ARIAS DIANA R Property Address: 13334 W FERNLFAF ST ATORI LINO 0 MUSA CAROLINE A Property Address: 3667 N BOTTLE BRUSH AVE BADAL JENNIFER R BADAL CHRIS F PropertyAddress: 13312 W FERNLF-AF ST 3201 SHILOH RANCH RD BAKERSFIELD, CA 93306-2446 3 667 N BOTTLE BRUSH AVE BOISE, ID 83713-0000 13312 W FERNLEAF ST BOISE, ID 83713-0000 BALUTA MARIA 3407 N BOTTLE BRUSH AVE BOISE, ID 83713-0000 Property Address: 3407 N BOTTLE BRUSH AVE BOSNJAK EDIN 3473 N BOTTLE BRUSH AVE BOSNJAK ZLATKA BOISE, ID 83713-0000 Properly Address: 3473 N BOTTLE BRUSH AVE BOWEN LISA M Property Address: 3337 N BOTTLE BRUSH AVE CARLSON SHAYN DANIEL Property Address: 3245 N BOTTLE BRUSH AVE CAVEN INC Property Address: 3420 N EAGLE RD 3 337 N BOTTLE BRUSH AVE BOISE, ID 83713-0000 3245 N BOTTLE BRUSH AVE BOISE, ID 83713-0000 6884 FAIRVIEW AVE BOISE, ID 83704-0000 1 APR 06 '04 10:54 2oeeee6e54 PAGE.03 04/06/2004 09:37 FAX 2088886854 MERIDIAN P&Z DEPT. City Clerk 10004 Owners Owner Address COLAKOVIC MEHO 13329 W FERNLEAF ST COLAKOVIC FADILA BOISE, ID 83713-0000 Property Address: 13329 W FERNLEA.F ST COLTON JARED . 3299 N BOTTLE BRUSH AVE COLTON JENNIFER BOISE, iD 83713-0000 Property Address: 3299 N BOTTLE BRUSH AVE CRA WFORD JOANN 1966 E PARKHURST CT JOSLIN JACK K EAGLE, ID 83616-6803 Property Address: 3445 N EAGLE RD CURTIN STEVE 3325 N BOTTLE BRUSH AVE BOTSE, ID 83713-0000 Property Address: 3325 N BOTTLE BRUSH AVE CZARTORYSKI JEFFREY S 3632 N BOTTLE BRUSH AVE BOISE, ID 83713-0000 Property Address: 3632 N BOTTLE BRUSH AVE DECHRISTEFERO JOSEPH JAMES 3610 N BOTTLE BRUSH AVE DECHRISTEFERO DIANNA KAY BOISE, ID 83713-0000 Property Address: 3610 N BOTTLE BRUSH AVE FIRST CHURCH OF THE NAZARENE BOISE ID 3 852 N EAGLE RD BOISE, ID 83713-0000 Property Address: 3852 N EAGLE RD FIRST CHURCH OF THE NAZARENE INC 3 852 N EAGLE RD BOISE, ID 93713-0000 Property Address: N EAGLE RD FORD JEFFREY M 3650 N BOTTLE BRUSH AVE SIEBERMEL.ISSA A BOISE, ID 83713-1979 Property Address: 3650 N BOTTLE BRUSH AVE GILBERT CARL 0 GILBERT M PATRICIA Property Address: 3475 E USTICK RD 3475 E USTICK RD MERIDIAN, ID 83642-0000 2 APR 06 '04 10:54 2088886e54 PAGE.04 04/06/2004 09:37 FAX 2088886854 MERIDIAN P&Z DEPT. City Clerk 10005 Owners Owner Address GILLESPIE ROBERT 13347 W PINYON ST BOISE, ID 83 713 -0000 Property Address: 13347 W PINYON ST GONZALEZ JULIE L 13305 W FOXFTRE CT BOISE, ID 83713-0000 Property Address: 13305 W FOXFIRE CRT GOODSON BARBARA G 13324 W BALDCYPRESS ST BOISE, ID 83713-0000 Property Address: 13324 W BALDCYPRFSS ST HAMZIC MEHRUDIN 13350 W FERNLEAF ST HAMZIC MIRSADA BOISE, ID 83709-0000 Property Address: 1335O W FERNLEAF ST HATHAWAY DAVID 3499 N BOTTLE BRUSH AVE ILA77-IA.WAY JENNIFER L BOISE, ID 83713-0000 Property Address: 3499 N BOTTLE BRUSH AVE HEATHER MEADOWS NEIGHBORHOOD ASS 701 S ALLEN ST STE 103 MERIDIAN, ID 83642-0000 Property Address: N BOTTLE BRUSkI AVE HEATHER MEADOWS NEIGHBORHOOD ASS 701 S ALLEN ST STE 103 MERIDIAN, ID 83642-OWO Property Address: W BALDCYPRESS ST HEATHER MEADOWS NFUGHBORH00D ASS 701 S ALLEN ST STE 103 MERIDIAN, ID 83642-0000 Property Address: W PINYON ST HEATHER MEADOWS NEIGHBORHOOD ASS 701 S ALLEN ST STE 103 MERIDIAN, ID 83 642- 0000 Property Address: W USTICK RD HICKOX RANDY 3560 N SANADA WAY HICKOX DEBBIE BOISE, ID 83 702-153 9 Property Address: 13312 W PINYON ST 3 APR 06 '04 10:54 2oeeeeGe54 PAGE.05 04/06/2004 09:37 FAX 2088886854 MERIDIAN P&Z DEPT. City Clerk 10 006 Owners Owner Address HO KEVIN G 3651 N BOTTLE BRUSH AVE HO ELIA M BOISE, ID 83713-0000 Property Address: 3651 N BOTTLE BRUSH AVE HOGAN CHRIS A 3685 N BOTTLE BRUSH AVE BOISE, LD 83713-0000 Property Address: 3685 N BOTTLE BRUSH AVE HOLLAND CHAD M 3592 N BOTTLEBRUSH BOISE, ID 83703-0000 Property Address: 3592 N BO'ITLEBRUSH AVE HOLLAND STEVEN L 13363 W BALDCYPRESS ST BOUTTARATH SUNNY S BOISE, ID 83 713 -0000 Property Address: 13363 W BALDCYPRESS ST HUBBLE JUSTIN T 12861 N SCHICK'S RD BOISE, ID 83714-0000 Property Address: 3666 N BOTTLE BRUSH AVE HUFF BRANDON 13327 W FOXFIRE CT HUFF SHELBY BOISE, ID 83 713 -0000 PropertyAddress: 13 327 W FOXFIRE CRT HUYNH LAM 3457 N BOTTLE BRUSH AVE BOISE, ID 83713-0000 Property Address: 3457 N BOTTLE BRUSH AVE INTERMOUNTAIN GAS COMPANY PO BOX 7608 BOISE, ID 83707-1608 Property Address: 3205 E USTICK RD JAMESON ALLEN E 3277 N BOTTLE BRUSH AVE BOISE: ID 83713-0000 Property Address: 3277 N BOTTLE BRUSH AVE KARIMI JAMSKID 3375 N BOTTLE BRUSH AVE ROSHANPANAH MARYAM BOISE, ID 83 713 -0000 Property Address: 3375 N BOTTLE BRUSH AVE 4 APR 06 '04 10:54 20888B6854 PAGE.06 04/06/2004 09:37 FAX 2088886854 MERIDIAN P&Z DEPT. 4 City Clerk 0 007 Owners Owner Address KENNEVICK JACK C KENNEVICK MARY ANNE Property Address: 3085 E USTICK RD KINDE GLEN E KINDS KENDRA L Property Address: 13351 W BROADLEAF CRT KISSLL-R JAMES A LLC Property Address: 3205 E USTICK RD KISSLER JAMES A LLC Property Address: 3445 E USTICK RD KOCI MJCHAEL A, KOCI ANDREAS J Property Address: 3645 N ROCKCRE-SS CRT KOYLE JANET W KOYLE ROGER D Property Address: 13309 W BROADLEAF CRT KUNZ TRAVIS T KUNZ SYDNIE L Property Address: 13341 W BALDCYPRESS ST KUSIC ANTONIO KUSIC SI•iFRI LYNN Property Address: 13315 W PINYON ST LOZIC OSMAN LOZIC VE22RA Property Address: 13379 W BALDCYPRESS ST LUFF JEFF P JR LUFF = D Property Address: 13304 W FOTIRE CRT I MESA VISTA DR BOISE, ID 83705-5934 13351 W BROADLEAF CT BOISE, ID 83 713 -0000 1125.W AMITY RD BOISE, ID 83705-5494 1591 E SENDERO DR BOISE, ID 83712-0000 3645 N ROCKCRESS CT BOISE, ID 83713-0000 4348 S FRUITHILL PL BOISE, ID 83709-0000 13341 W BALDCYPRESS ST BOISE, ID 83713-0000 13315 W PINYON ST BOISE, ID 83713-0000 13379 W BALDCYPRESS ST BOISE, ID 83713-0000 13304 W FOXFIRE CT BOISE, ID 83713-0000 5 APR 06 '04 10:55 20eGG86854 PAGE.07 04/06/2004 09:38 FAX 2088886854 MERIDIAN P&Z DEPT. City Clerk 0008 Owners Owner Address MARSHALL JEFFREY 3485 N BOTTLE BRUSH AVE MARSHALL HEATHER BOISE, ID 83713-0000 Property Address: 3485 N BOTTLE BRUSH AVE MARTIN CHRiSTOPHER J 13363 W FERNLEAF ST CAYERO ANNA I BOISE, ID 83 713 -0000 Property Address: 13363 W FERNI EAF ST MARTINJOSH 13332 W BROADLEAF CT BOISE, ID 83713-0000 Property Address: 13332 W BROADLEAF CRT MEASE BROOKE L 13348 W BROADLEAF CT MEASE BRAD L BOISE,ID 83 713 -0000 Property Address: 13348 W BROADLEAF CRT MESINOVIC ADEM 3425 N B OTTLE BRUSH AVE MESINOVIC MIRSADA-AVDIC BOISE, ID 83713-0000 Property Address: 3425 N BOTTLE BRUSH AVE MICKEY WINFORD II 13328 W PINYON ST BOISE, ID 83 713 -0000 Property Address: 13328 W PINYON ST MOORE WINSTON H PO BOX 8204 BOISE, ID 83707-2204 Property Address: E JASMINE LN MOORE WINSTON H PO BOX 8204 BOISE, ID 83707-2204 Property Address: 3160 E USTICK RD MOUSSETTE WENDY A 13364 W PINYON ST BOISE, ID 83713-0000 Property Address: 13364 W PINYON ST NGUYEN ANH K 13301 W FERNLEAF ST HUGNH LIEM M BOISE, ID 83713-0000 Property Address: 13301 W FERNLEAF ST on APR 06 '04 10:55 2oeeeeG854 PAGE.08 04/06/2004 09:38 FAX 2088886854 MERIDIAN P&Z DEPT. City Clerk IM009 Owners Owner Address NMCKO KATHLEEN 3591 N BOTTLEBRUSH AVE BOISE, ID 83713-0000 Property Address: NIEHOr'F TIIOMAS A Property Address: NOBILI OLIVIA NOBILI KEVIN Property Address: OLLILA SEAN Property Address: OLSON SHERRI 3591 N BOTTLEBRUSH AVE 13328 W FOXFIRE CRT 13310 W BROADLEAF CRT 13357 W BALDCYPRESS ST 13328 W FOXFIRE CT BOISE, ID 83713-0000 13310 W BROADLEAF CT BOISE, ID 83713-0000 13357 W BALDCYPRESS ST BOISE, ID 83713-0000 3629 N BOTTLE BRUSH AVE BOISE, ID 83713-0000 Property Address: 3629 N BOTTLE BRUSH AVE PIATT DENNIS L 13349 W FOXFIRE CT PIATT JAIME L BOISE, ID 83713-0000 Property Address: 13349 W FOXFIRE CRT RADULESCU ANDREI CRISTIAN 13350 W PINYON ST BOISE, ID 83713-0000 Property Address: 13350 W PINYON ST SMITCHGER LAWRENCE LLFE ESTATE 6884 FAIRVIEW AVE CAVEN INC BOISE, ID 83 704-0000 Property Address: 3580 E USTICK RD SPAULDING WILLIAM R 13333 W BROADLEAF CT BOISE, ID 83713-0000 Property Address: 13333 W BROADLEAF CRT STILES EUGENE & HELEN TRUST 12396 W DRIFTWOOD DR STILES HELEN TRUSTEE BOISE, ID 83713-0000 Property Address: 3595 E USTICK RD 7 APR 06 '04 10:55 2088896954 PAGE.09 04/06/2004 09:38 FAX 2088886854 MERIDIAN P&Z DEPT. City Clerk 10 010 Owners Owner Address STRINGIIAM SCOTT A 34.41 N BOTTLE BRUSH AVE BOISE, ID 83713-0000 Property Address: 3441 N BOTTLE BRUSH AVE SUMFUN II LLC 1205 W BANNOCK ST BOISE, ID 83702-0000 Property Address: 3629 E USTICKRD TALIC MMSAD 3 253 N BOTTLE BRUSH AVE TALIC EDINA BOISE, ID 83 713-0000 Property Address: 3253 N BOTTLE BRUSH AVE TAYLORBRIAN E 3659 N ROCKCRESS CT SLAVIN-TAYLOR HEATHER BOISE, ID 83713-0000 Property Address: 3659 N ROCKCRESS TEMPLE JEREMIAH 13345 W FERNLEAF ST TEMPLE KASSiE BOISE, ID 83713-0000 Property Address: 13345 W FERNLEAF ST TEMPLE'TON GERI M 3684 N BO'TILEBRUSH AVE TEMPLETON WALTL BOISE, ID 83713-0000 Property Address: 3 684 N BOTTLE BRUSH AVE URIBE FRANCISCO 13329 W PINYON ST URIBEANNA R BOISE, ID 83713-0000 Property Address: 13329 W PINYON ST VOLLAIRE CHRISTOPHER M 3351 N BOTTLE BRUSH AVE VOLLAIREAMBERL BOISE, ID 83713-0000 Property Address: 3351 N BOTTLE BRUSH AVE WILLIAMS JOHN C 13317 W BALDCYPRESS ST WILLIAMS CAROL M BOISE, ID 83 713-0000 PropertyAddress: 13317 W BALDCYPRESS ST 8 APR 06 '04 10:55 2088896954 PAGE.10 • �r'f�Jr.:...Lr.....:.. . �. ift'}}k}},;iSf3f�iti? .:)gyp:..•. . � � RL'.. �' �, { . v '; 3{'Ui? .:r;i j;'.ti'�..itgh{S.rj}1ij};hi1��}!in•y,6... 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City Clerk 10001 APR 06 '04 09:09 FR CIT' IF MERIDIAN 2OE 888 4218 TO P—r"")—Z P-01/01 „ VICINITY MAP i SCALE: 1"=300' RUT RUT gJ1f• i �e RU RUT t� ** TOTAL PAGE.O1 ** APR 06 '04 10:53 2088886854 PAGE.O1 J' :ro PUJ n , E FM INnBOnnean