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HomeMy WebLinkAboutCity Clerk ChecklistC7ITY CLERK FILE CHECKLIST Project Name: Majestic Cinemas File No. VAR 04-007 Contact Name: Ray Hallett Phone: 509-837-5505 Date Received from Planning and Zoning Department: Planning and Zoning Level: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: ❑ Certifieds to property owners: December 20, 2004 Hearing Date: N/A and ❑ Planning and Zoning Commission Recommendation: ❑ Approve ❑ Deny Notes: City Council Level: Hearing Date: January 18, 2005 X1 Transmittals to agencies and others: December 23, 2004 ❑ Notice to newspaper with publish dates: and ❑ Certifieds to property owners: N/A ❑ City Council Action: ❑ Approve ❑ Deny ❑ Findings / Conclusions / Order received f rom attorney on: Findings / Conclusions / Order. Approved by Council Resy Cart: W-Albak Ong. re !Copert Cayaes/CroyCCMCan ❑ Copies Disbursed: Gty Cav `Aft" atornay Stew.* CotiA ❑ Findings Recorded FlEryneer PrtgeCt e DepiAy Clerk Development Agreement: Copy Res / On" Ce `MkM da`m(—CP" Sent for signatures: Onging: Mrandpµ C.P.A, Ci"C" ❑ Signed by all parties: State Tar Comm. S�eT Sbb ng .�a�e S�k� CMfi- Approved by Council: a" A&-" City E q— CityRla— ❑ Recorded: �fie Dew* Clam ❑ Copies Disbursed: FkWgsOM1 ,M. C- "`"'l'°° Copies Ordinance No. w: roMceat P gaol Al. 4 No. ❑Resolution Approved by Council: CI" ❑ Recorded: Deadline: 1 o days C%A� to m cppiee to Mpticen ❑ Published in newspaper. Project fik CmErg— city Rlarner Oty nAo V El Copies Disbursed: D"WClrk Notes: I LEGAL DEPARTMENT MAYOR ` (208) 466-9272 • FAX 466-4405 CITY OF Tammy de Weerd � PARKS &RECREATION �Y1 G�l �n � � � .y`' (208) 888-3579 •Fax 898-5501 CITY COUNCIL MEMBERS �'` �y PUBLIC WORKS Shaun Wardle IDAHO V� (208) 898-5500 • Fax 887-1297 William L. M. Nary yFCE BUILDING DEPARTMENT Charles M. Rountree FR % TREASURE (208) 887-2211 • Fax 887-1297 i SINCE PLANNING & ZONING Keith Bird (208) 884-5533 • Fax 888-6854 TRANSMITTALS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: January 11, 2005 Transmittal Date: December 23, 2004 Hearing Date: January 18, 2005 File No.: VAR 04-007 Request: Variance to the sign ordinance for sign height, reader board area, aired murrlIMAILIU11 and flashing light for new signage for a movie theatre for Majestic Cinemas By' 1 �nrlc*ter AIW I I r. Location of Property or Project. 2ann Fast Overland Road David Zaremba, P/Z (NoFp) David Moe, P/Z (No FP) Wendy Newton-Huckabay, P/Z (NoFp) Michael Rohm, P/Z (NoFp) Keith Borup, P/Z (NoFp) Tammy de Weerd, Mayor Charlie Rountree, C/C Christine Donnell, 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 City Engineer City Planner Parks Department Vnl lr r:nnr.icP Remarks: Meridian School District (NoFp) Meridian Post Office (FPIPPonly) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (Fp, PP, cup) Qwest (FP/PP only) Intermountain Gas(FRPPonly) Bureau of Reclamation (FPIPPonly) Idaho Transportation Department (NoFp) Ada County Assess. Land Records 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 CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208) 884-5533 Phone / (208) 888-6854 Fax VARIANCE APPLICATION (RE: Meridian Zoning Ordinance - 11-18, Meridian Subdivision Ordinance-12-11) APPLICANT: L 4 i`va S M't A►l W L L C ADDRESS: / J L7 SG��/N�Sr�O� Wi9 gfDW PHONE: SOq- 93 %- 5S05FAX: 70 3 2t-MAIL: K L � T 1"64 �,vt OWNER(S) OF RECORD: Sd/1-� ADDRESS: PHONE: I ENGINEER, SURVEYOR, PLANNER: ADDRESS: E-MAIL: PHONE: FAX: E-MAIL: ADDRESS, GENERAL LOCATION OF SITE: 2 Sao 0 Iz 4"olw PRESENT ZONE CLASSIFICATION: PRESENT USE OF SUBJECT PROPERTY: Vi9 Cd9N! Long .S):eaIj-;V ✓ PROPOSED USE OF SUBJECT PROPERTY: -SC,es 11 l4 T/ i 741-e- DESCRIPTION OF PROPOSED VARIANCE: S / C"y V111' ' 11 V C4 — bliv �f/T TyOf ©L Li 6` A"" 'w B o.9-d© I have read the information contained herein and certify the information is true and correct. Signature of Applicant: 419"4 1-7— Rev. 31'2i;'03 F4XHlBIx "A" ri tom .LOCUST GROPE ROAD m b II 16 ZC7 rn DO C I �C Z µ mD Vl -C-ID rug 9 LandStar NW, LLC Ray Hallett, manager - rhalleaCkhallett.com 1728a E Edison / P. O. Box 30, Sunnyside, Wa. 98944 Office (509) 837-6443 / Cell (509) 840-1492 / Fax (509) 837-3032 December 16, 2004 Anna Borchers Canning Planning Director 660 E Watertower, Ste. 202 Meridian, ID 83642 Anna, Attached (sent US mail) is our application for variances to the Meridian Sign Ordinance related to sign height, reader board area, direct illumination, and flashing light for our new theater's proposed signage. I have included supplementary conceptual drawings, prepared by a local sign company (drawing that are proprietary to this specific sign company and hence, are confidential), that represent the type of signs for which we are requesting our variances, but not necessarily the actual sign system to be installed, since we can't contract for this concept, or a competitor's concept, until we know if we will secure our requested variances (some or all). We will then be able to finalize a design with one of the companies, and secure the drawings of the actual signs for for the the sign permit application. hope this is a satisfactory procedure. Please let me know if there is a better way. Sincerely, Ray Hallett, Manager Cc: Brad Hawkins -Clark- by e-mail V ;t _ - 1 //qq cnN is v. .... m �{ z' �v. 13 1 u�$1774, cl ap Ns — r,�esis• s r - — - m a.aZ ACR D D i D D n D [i i 6 m n r u. d . m e 1 1 gjN75+. A in FS . .�,_ ,... � �. _mac .L�-„�-• F� f r" � � Rwi 44 �;, � ,• .?;erg . D�°�� 21 �. z - t4;N ' o > Zo a�m� $Ng r8pz N . z DOmGi unz NS O 'o S' Dv i v m X z BOISE VALLEY COMMONS 1'� 00 = - (A ERL.AND ROAD MERIDIAN IDAHO : wi���.,w«o. MINAR) X Y _ R ' C. W. MOOPE PLAZA NOT FOR zsos.sn sr CONS7RLCI10: X _ - 606E w Iznsl savre9s-FA%lzuel aaa --4 aso< % 1 mP�rowr..csMa.� m, I = _ 0 Y T 01 M Gw,as ;a i I i : Ol i Y �► '�► �Cl�3n Y O rD � ow.n I ~ n I ? w (D I M 00 3 3 3 F saier•-zo LandStar NW. LLC 1728 E Edison/ PO Box 30 v (509) 837-5505 Drawing # 101.4.2 Sunnyside, WA 98944 F (509) 837-3032 Rev. date: 10/10/04 co 119 t 2004 -LI.dS—W, uc - All ngh, . ,—d v NO3N 3f119 NOZI'NOH VW O£ H11M N91S AO 3903 9NIOV3l J.V l.VM30V21 "n N4Nmv NAMIS O3HSIl0d 'AGON VWO£ 39 0113NI9V0 30 39431V 39f11 zi3oNog l3NNVH0 JO 30151(101V NO3N AGON VWO£ 'l3NNVHD 30 341SNI NO NO3N 311HM V W091/4 H11M l3NNVH0 N3dO 39 Ol S?J31_L3l HlIM 13N19VJ 1V13W 133HS d/4 �:�►� a �t .nn.�umrumrrd c 'a Z7 rr-7 u o 14 C—j z m S 13'-o I. u LandStar NW LLC CONTENTS OF VARIANCE APPLICATION 1. Completed and signed application form. — Attached 2. Proof of title of said owner (warranty deed). — Attached — Exhibit A 3. Notarized consent from titled owner of property. — Attached 4. Legal description of subject property. - Attached Exhibit B 5. Provide a written statement - what ordinance can you not comply with? Meridian Code Chapter 14 — Signs, More specifically: Section 11-14-5, I, 2 - Reader boards (manual) limited to 50% of sign background area; Section 11-14-9, F, 2 - Height limited to 30 feet; Section 11-14-9, F, 4 - Direct illumination is prohibited; Section 11-14-9, F, 5 - Reader boards, animation, flashing lights are prohibited; 6. Provide a written statement - what prevents compliance with the ordinance? Section 11-14-5, I, 2 - A theater's marquee (reader board) by necessity is to list the movies playing at the theater. Limiting the marquee to 50% of it's background area for use displaying movie titles would require doubling the area of the sign. The sign code provides for the marquee to be up to 1,530 sq ft. (@9% of 17,000 sq. ft.). The required marquee are for movie titles is only 381 sq. ft. To double the marquee simply to provide additional "permanent" signage would be both a waste as well as an additional signage burden on the community for no real purpose. Section 11-14-9, F, 2 - Since implementation of the ADA, in 1992, new theaters have been forced to expand both in area (to accommodate extra auditorium entry aisles) and in height (to accommodate stadium seating required by ADA ramp limits). Where a typical pre-ADA theater built in 1990 averaged 22 feet tall, a modern ADA compliant theater averages over 35 feet tall. Since theaters have had to expand in height and area, they require a suitably sized "entry feature" to maintain the traditional "Majestic" appearance for the patrons. On a building 40 feet tall and more than 500 feet long, the permitted sign height (entry feature) limitation of 30' would appear as inappropriate as a baby's hat worn, by a fully grown person. Section 11-14-9, F, 4—This section prohibits direct illumination and requires the neon be covered by Plexiglas, for diffusion. Theaters have a long tradition of utilizing exposed neon letters in the marquee. This requirement would significantly diminish the "look and feel" of the movie going experience for the public. This could be equated to leaving the lights off on a Ferris wheel. The ride might be the same, but the rider would not enjoy it as much. Section 11-14-9, F, 5 — Prohibits manual reader boards (marquees), and prohibits any use (no matter how small) of flashing lights (neon sections). We propose utilizing less than 6% of the combined neon display as flashing neon sections, exclusively in the neon "fan" section above the entry vestibule. 7. Provide a written statement - what are the minimum requirements of this ordinance that need to be reduced to permit the proposed use? Section 11-14-5, I, 2 - Permit 100% utilization of the (manual) reader board's background area, for changeable marquee letters. Section 11-14-9, F, 2 — Permit the entry spire to be up to 49 feet tall, and for the theater name to be displayed, in vertical text, in letters less than three foot tall (three foot letters already permitted by code). Section 11-14-9, F, 4— Permit the signs to utilize exposed neon tube for letters. Section 11-14-9, F, 5 — Permit a manual reader board (marquee), and permit use of limited flashing neon of up to 6% of the combined neon display in the center "fan" section. N,./ sl.� 8. Provide a written statement - what is the difficulty or hardship that would result if requirements of this ordinance were applied to the subject property? The theater "experience" would be diminished for the public. The entry feature would appear out of proportion to the scope of the building. The theater is, in part, a focal point for any community. A focal point should stand out appropriately. 9. Provide a written statement - any unusual or peculiar circumstances that indicate regulations of this ordinance that should not be strictly complied with? Theaters, like carnivals, fairs, plays and parades are as much about the experience, as the substance of the event. If a parade float could not use colorful bunting, if actors, in a play, did not have stage lighting, if a County fair lacked rides or a midway, would the experience be the same? The movie business is "Hollywood" and requires the signage as part of the total experience. 10. Provide a written statement that special conditions and circumstances exist which are peculiar to the land, structure or buildings involved which are not applicable to other lands, structures or buildings in the same district. This theater requires eight acres of parking lot. It is a VERY large building, at nearly two acres, and almost 50% taller than a typical "big box" retailer. A big building, situated in such a large parking lot will actually appear relatively average. The variances requested will "appear" appropriate in the scale of the project, and will be in keeping with community standards. A giant, standing alone in the middle of a football field, appears normally sized. 11. Provide a written statement that a literal interpretation of the provisions of this Ordinance shall deprive the applicant of rights commonly enjoyed by other properties in the same district under terms of this Ordinance. A literal interpretation of the Code will deprive applicant and applicant's patrons of a "traditional" movie theater experience. 12. Provide a written statement that special conditions or circumstances exist that was not a result of the applicant's action. The size and height of theaters have expanded, in large part, as a result of requirements of the Americans with Disabilities Act, which was implemented by the Congress of the United States in 1992 and is beyond the control of the applicant. 13. Provide a written statement that granting the variance requested shall not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district. Granting the variances requested will not extend "special" privileges to the applicant that are inappropriate due to the size and nature of the project. 14. Provide a written statement of how the granting of the variance would convenience the applicant and how the applicant would profit therefrom, which statement shall also represent whether profit and convenience is the sole reason why the variance is requested. Applicant may profit from increased attendance, if customers are more satisfied with their experience. Such profit is not the reason for this request. Applicant feels strongly that the project will be a focal point for the City of meridian and desires to make the project "Majestic" enough that it is a positive experience even for non customers that see the theater from the Interstate. Applicant desires that there be no doubt to any passing motorist that this is a "first class" theater in a "first class" town, not simply another cinema in a strip mall. 15. Provide a written statement regarding the relationship of the proposed variance to the Meridian Comprehensive Plan. Comprehensive plan Goal I, Objective A, Item 7 provides that development proposals should include "esthetics" in the evaluation. The Comprehensive Plan includes the broad goal of providing enhanced recreation for residents, and more specifically, of enhancing active and Massive recreational opportunities (July 2002 Page 75 - Chapter VI - 3. Recreation). Although the specifics of the Comprehensive Plan concentrate on the active recreational opportunities, like parks, it is apparent that the intent is also to enhance recreational opportunities for passive recreation. A theater is the ultimate passive recreational experience. A theater allows the very young, the very old, and the disabled to enjoy the same experience as the able bodied, and athletic residents. The theater's exterior, and exterior lighting, is as much a part of our passive recreational experience as, for example, a "tree lined fairway with water trap" is to a golfing experience. Golf could be played on a football field, but it would probably not be as interesting. 16. One (1) copy of a scalable 8 1/2 x 11 site plan showing property lines, streets, etc. Attached Exhibit C 17. One (1) copy of a vicinity map at a scale of one (1) inch equals three hundred (300) feet, that includes surrounding zonings, streets, etc. To be attached by Planning Staff 18. If applicable, schematic building plans which indicate typical elevation and floor plan of any proposed construction. Attached Exhibit E 19. A list of the mailing addresses of all property owners within three hundred feet (300') of the external boundaries of the land being considered. This list must be obtained from the City of Meridian Planning & Zoning Department. Please request list seven (7) days prior to submitting application. To be attached by Planning Staff 20. A fee established by the Council: Variance = $310.00 Attached 21. A signed affidavit stating that the property will be posted not less than 10 days prior to the public hearing. Posting must contain name of applicant, description of variance, and time and date of public hearing. Attached 22. After the property has been posted, the applicant shall deliver to the City Clerk a notarized statement attesting to where and when the sign(s) were posted, along with a photograph of the posting, no later than 7 days prior to the hearing. Will comply LAND'5TAR NW LLC VARIANCE APPLICATION EXHIBIT A S �b3, �l ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 24.00 E SDISE IDAH011/03104p 04:54 PM DEPUTY Jonne Ho RECORDED -REQUEST OF 1�� �l11���1�����IIIIIIIIIIIIII! III IIi Stewart Title Company 104140646 WARRANTY DEED BOISE VALLEY COMMONS, LLC, an Idaho limited liability company, whose address is 4751 N. Trotter Lane, Star, Idaho 83669 ("Grantor") does hereby grant, bargain, sell, and convey to Landstar NW, LLC, formerly known as Hallett Properties, LLC, a Washington limited liability company, whose address is 1728 E. Edison, P.O. Box 30, Sunnyside, WA 98944 ("Grantee"), for good and valuable consideration, receipt and sufficiency of which are acknowledged, the following described real property located in Ada County, Idaho ("Property"): A parcel of land located in the Southeast One Quarter of the Southwest One Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the one quarter corner common to Sections 17 and 20, Township 3 North, Range 1 East, Boise Meridian, thence North 89° 52' 19" West a distance of 100.60 feet to a point, thence North 00° 24' 56" East a distance of 45.00 feet to a point, thence North 89' 52' 19" West a distance of 1227.57 feet to a point, thence North 00' 28' 00" East a distance of 179.13 feet to a point, said point being the POINT OF BEGINNING: Thence North 00' 28' 00" East a distance of 838.01 feet to a point; Thence along a curve to the left a distance of 604.07 feet, said curve having a central angle of 03' 35' 03", a radius of 9656.30 feet and a chord bearing which bears North 85" 10' 00" East a distance of 603.97 feet to a point; Thence South 00' 28' 21" West a distance of 165.59 feet to a point; Thence South 89' 31' 41" East a distance of 236.92 feet to a point; Thence South 00' 28' 21" West a distance of 491.11 feet to a point; Thence South 81° 36' 00" West a distance of 314.49 feet to a point; Thence along a curve to the left a distance of 166.36 feet, said curve having a central angle of 810 28' 03 ", a radius of 117.00 feet and a chord bearing which bears South 40' 51' 59" West a distance of 152.70 feet to a point; Thence South 00° 07' 57" West a distance of 72.36 feet to a point; Thence North 89° 3 P 41" West a distance of 428.97 feet to a point, said point being the Point of Beginning. The above described parcel containing 13.99 acres more or less and subject to all existing easements and rights of way. The above described parcel is depicted as Parcel lA on Exhibit A attached hereto and incorporated herein by this reference. TOGETHER WITH the following perpetual, nonexclusive easements to serve the Property and any and all lawful uses thereon, for the benefit of the Property and the adjacent parcels depicted as Parcel 1B and Parcel 2 on Exhibit A: 1. Access and Utility Easement: A nonexclusive access and utility easement extending from Parcel 1B to East Overland Road, more particularly described on Exhibit B attached hereto and incorporated herein by reference. Notwithstanding the otherwise perpetual duration of said easement, the easement shall be subject to and terminate upon dedication of a public street and right-of-way within and/or adjacent to said strip of land that provides access and utility service to Parcel IA equivalent to that provided by the easement. 2. Access and Utility Easement: A nonexclusive access and utility easement fifteen (15) feet in width, more particularly described on Exhibit C attached hereto and incorporated herein by reference. Said strip of land shall serve as a shared, reciprocal access and utility easement also for the benefit of Parcel 1B and Parcel 2.TOGETHER WITH the right of Grantee to enter upon and cross Parcel 1B for such period of time as is reasonably necessary, not to exceed eight (8) months from the date of this conveyance, to carry out Grantee's construction activities on the Property. TOGETHER WITH all and singular hereditaments and appurtenances thereunto belonging, or in any ways appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the Property; AND Grantor for itself, its successors and assigns hereby covenants to and with Grantee, its successors and assigns, that Grantor is the owner in fee simple of the Property, that the Property is free and clear from all liens, claims and encumbrances except current year's taxes, Ievies, and assessments, and except restrictions, reservations, provisions and easements of record, and that Grantor will warrant and defend the same forever from all other lawful claims whatsoever. GRANTOR'S RESERVATION OF ACCESS AND UTILITY EASEMENT: Grantor, for the benefit of and to serve the adjacent Parcel iB and Parcel 2, and any and all lawful uses thereon, reserves a perpetual, nonexclusive easement for ingress and egress and utility service over and across those strips of land more particularly described on Exhibit D and E attached hereto and incorporated herein by reference. Said strips of land shall serve as a shared, reciprocal access and utility easement also for the benefit of the Property. IN WITNESS WHEREOF, the undersigned has caused his name to be hereunto subscribed this err day of November, 2004. GRANTOR: BOISE VALLEY CO ONS, LLC _ter y: Kevin C. Knighton Its: Manager STATE OF IDAHO ) ) ss. County of Ada ) On this day o 2044, before me, a Notary Public, personally appeared Kevin C. Knighton, known or i en ed to me to be the manager of Boise Valley Commons, LLC the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above writtA, A 11� fie' AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) n10 S72?g 6l kl G L e /�ii•Qox3c (name) (address) being first duly sworn upon _SL4 /V V,/s104 L 114- . � ��j �/, oath, depose and say: (city) (state) That I am the record owner of the property described on the attached, and I grant my permission to: Av lAL-t-,f Tr o, ec,,,, 3o SS &t4i� (name) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's 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. Dated this day of �B�'L 20_!Y_, Signature) ``\����� SUBSCRIBED AND SWORN to befor�heKdr9 ., My Commission Expires: Rev. 3.125/03 253 APPLICATIONFOR ---- REGISTRATION OF FOREIGN LIMITED LIABILITY COMPANY 4 SEP30 ?14 2.3 r (Instructions on back of application) SECT STATE" ��� i. The name of the limited liability company is: LandStar NW, LL.0 2. if the name of the limited liability company is not permissible or is not available in Idaho, the name the foreign limited liability company will use in Idaho is: 3. The jurisdiction under whose laws the limited liability company is organized is: Washington and the date of its formation was: .January 7. '1997 4. The name and address of the registered agent in Idaho is: Corporation Service Cornpany, 1401 Shareiine Drive, Suite 2, Boise, ID 83702 5. The address of the limited liability company's office in the jurisdiction under whose laws it is organized is: 1728 A East Edison, p_ O. Box 30, Sunnyside, WA 98944 6_ The address of the limited liability company's principal office, if outer than the address in #5 above, is; 7. The address to which correspondence should be addressed is: 1728 A East Edison, P. O. Box 30, Sunnyside, WA 98944 8. Signature of a manager, if any, or a member if there are no mans ers. Signature_,,,/ Typed Name Raymond Hallett Manager 0 Member C] — Secretary or state use only —~ �g li$ I� Im /2t84�®SaE®6 Ik 89 �fJIM.@# �RESFi]t&LC i ttl� P LANDSTAR NW LLC VARIANCE APPLICATION EXHIBIT B A parcel of land located in the Southeast One Quarter of the Southwest One Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the one quarter corner common to Sections 17 and 20, Township 3 North, Range 1 East, Boise Meridian, thence North 899 52' 19" West a distance of 100.60 feet to a point, thence North 009 24' 56" East a distance of 45.00 feet to a point, thence North 899 52' 19" West a distance of 1227.57 feet to a point, thence North 009 28' 00" East a distance of 179.13 feet to a point, said point being the POINT OF BEGINNING: Thence North 009 28' 00" East a distance of Thence along a curve to the left a distance having a central angle of 039 35' 03", chord bearing which bears North 850 10' feet to a point; Thence South 00' 28' 21" West a distance of Thence South 890 31' 41" East a distance of (hereinafter "Northeast Line"); Thence South 00' 28' 21" West a distance of (hereinafter "East Line"); Thence South 810 36' 00" West a distance of Thence along a curve to the left a distance having a central angle of 810 28' 03", chord bearing which bears South 400 51' feet to a point; 838.01 feet to a point; of 604.07 feet, said curve a radius of 9656.30 feet and a 00" East a distance of 603.97 165.59 feet to a point; 236.92 feet to a point 491.11 feet to a point 314.49 feet to a point; of 166.36 feet, said curve a radius of 117.00 feet and a 59" West a distance of 152.70 Thence South 000 07' 57" West a distance of 72.36 feet to a point (said point hereinafter referred to as "Southeast Corner"); Thence North 890 31' 41" West a distance of 428.97 feet to a point, said point being the Point of Beginning. The above described parcel containing 13.99 acres more or less and subject to all existing easements and rights of way. EXHIBIT "B,n nmSoc Y^• 1 - -- Office 2 0 8. 9 3 8. 2 4 4 0 mn ineatin,�"' Fax 2 0 8.9 3 8.2 4 4 1 Civil Engineering -Land Surveying -Laid Planning PLLC 9 www.rennisonenginecring.com November 2, 2004 128 S. Eagle Road, Suite B, Eagle, Idaho 83616 Legal Description For Access and Utility Easement No.1 Project No.:1406 An access and utility easement for the use as common/reciprocal access and public utilities located in the Southeast One Quarter of the Southwest One Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the one quarter corner common to Sections 17 and 20, Township 3 North, Range 1 East, Boise Meridian, thence North 89' 52' 19" West along the south line of said Section 17 a distance of 870.93 feet to a point, thence North 00' 07' 57" East a distance of 45.00 feet to a point, said point being on the north right- of-way of E. Overland Road and the POINT OF BEGINNING: Said easement being 27.00 feet both sides of the following described centerline; Thence North 00' 07' 57" East a distance of 248.91 feet to a point; Thence along a curve to the right a distance of 127.97 feet, said curve having a central angle of 81° 28' 03", a radius of 90.00 feet and a chord which bears North 40' 51' 59" East a distance of 117.46 feet to a point; Thence North 81* 36' 00" East a distance of 89.88 feet to a point, said point being the terminus of said easement subject to all existing easements and rights -of -way. Prepared by Rennison Engineering, PLLLC E. EXHIBIT".n.Hn RenniSOrtlll6e 'i-n-," Office 2 0 8.4 3 8.2 4 4 0 Fax 208.938.2441 Civil Engineering -Land Surveying -Land planning PLLC9 www.rennisonengineering.com November 2, 2004 128 S. Eagle Road, Suite B, Eagle, Idaho 83616 Legal Description For Access and Utility Easement No. 2 Project No.:1406 An access and utility easement for the use as common/reciprocal access and public utilities located in the Southeast One Quarter of the Southwest One Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the one quarter corner common to Sections 17 and 20, Township 3 North, Range 1 East, Boise Meridian, thence North 89' 52' 19" WeA along the south line of said Section 17 a distance of 870.93 feet to a point, thence North 00" 07' 57" East a distance of 45.00 feet to a point on the north right-of-way of E. Overland Road, thence North 00* 07' 57" East a distance of 248.91 feet to a point, thence along a curve to the right a distance of 127.97 feet, said curve having a central angle of 81° 28' 03", a radius of 90.00 feet and a chord which bears North 40° 51' 59" East a distance of 117.46 feet to a point, thence North 810 36' W' East a distance of 89.88 feet to a point, thence North 08° 24' W' West a distance of 27.00 feet to a point, said point being the POINT OF BEGINNING: Thence South 81° 36' 00" West a distance of 30.36 feet to a point; Thence North 00° 28' 21" East a distance of 545.43 feet to a point; Thence South 89° 31' 41" East a distance of 15.00 feet to a point; Thence South 00° 28' 21" West a distance of 15.00 feet to a point; Thence South 89' 31' 41" East a distance of 15.00 feet to a point; Thence South 00' 28' 21" West a distance of 525.75 feet to a point, said point being the POINT OF BEGINNING. The above described easement subject to all existing easements and rights -of -way. Prepared by Rennison Engineering, PLLCE(%wChi `'` a l z, OF E. EXIU)BT•T rrErr Rci'n SOIVngineenmyCivil Engineering • Land Surveying • Land Planning ILLc November 2, 2004 Office 208.938.2440 Fax 208.938.2441 www.rennisonengineering.corn 128 S. Eagle Road, Suite B, Eagle, Idaho 83616 Legal Description For Access and Utility Easement No. 3 Project No.:1406 An access and utility easement for the use as common/reciprocal access and public utilities located in the Southeast One Quarter of the Southwest One Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the one quarter corner common to Sections 17 and 20, Township 3 North, Range 1 East, Boise Meridian, thence North 89° 52' 19" West along the south line of said Section 17 a distance of 870.93 feet to a point, thence North 00° 07 57" East a distance of 45.00 feet to a point on the north right-of-way of E. Overland Road, thence North 000 07' 57" East a distance of 248.91 feet to a point, thence along a curve to the right a distance of 127.97 feet, said curve having a central angle of 81° 28' 03", a radius of 90.00 feet and a chord which bears North 40' 51' 59" East a distance of 117.46 feet to a point, thence North 81' 36; W' East a distance of 89.88 feet to a point, thence North 08° 24' W' West a distance of 27.00 feet to a point, thence South 81' 36' W' West a distance of 15.18 feet to a point, thence North 00' 28' 21" East a distance of 528.09 feet to a point, said point being the POINT OF BEGINNING: Said easement being 15.00 to the right of the following described centerline; Thence South 89° 31' 41" East a distance of 236.92 feet to a point, said point being the terminus of said easement, subject to all existing easements and rights -of -way - Prepared by Rennison Engineering, PLLC 4fC ;-;7iOs?2 << -10r CL - .. LX11IBiT ��.C'► ' Office208.938.2440 nn1SQltngineerin Fax 2 0 8.9 3 8.2 4 4 1 Civil Engineering -Land Surveying -Land Planning PLLC www.rennisonenginiKsing.corn November 3, 2004 128 S. Eagle Road, Suite B, EagIe, Idaho 83616 Legal Description For Access and Utility Easement No. 4 Project No.:1406 An access and utility easement for the use as common/reciprocal access and public utilities located in the Southeast One Quarter of the Southwest One Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the one quarter corner common to Sections 17 and 20, Township 3 North, Range 1 East, Boise Meridian, thence North 89° 52' 19" West along the south line of said Section 17 a distance of 870.93 feet to a point, thence North 00° 07' 57" East a distance of 45.00 feet to a point on the north right-of-way of E. Overland Road, thence North 00° 07 57" East a distance of 248.91 feet to a point, thence along a curve to the right a distance of 127.97 feet, said curve having a central angle of 81' 28' 03", a radius of 90.00 feet and a chord which bears North 40' 51' 59" East a distance of 117.46 feet to a point, thence North 81' 36' 00'' East a distance of 89.88 feet to a point, thence North 08' 24' 00" West a distance of 27.00 feet to a point, thence South 81' 36' 00" West a distance of 15.18 feet to a point, thence North 00° 28' 21" East a distance of 528.09 feet to a point, said point being the POINT OF BEGINNING: Said easement being 15.00 to the left of'the following described centerline; Thence South 89° 31' 41" East a distance of 236.92 feet to a point, said point being the terminus of said easement, subject to all existing easements and rights -of -way. r Prepared by Rennison Engineering, PLLC C':'3c �C 2 OF i. Affidavit Affidavit of Ray Hallett, P. O. Box 30, Sunnyside, WA 98944. I will post a public notice at 2400 E Overland Road, Meridian, Idaho, not less than ten days prior to the public hearing of LandStar NW LLC's variance application, a notice containing the name of applicant, description of variance, and time and date of public hearing. Sworn by me, to under penalty of perjury. Ray Hallett 12/15/04 RADIUS NOTICE REPORT 20-Dec-2004 Owners B & F ENTERPRISES FILE NAME: Majestic Property Address: 1151 S WELLS ST GAYNER JULIE C LUND JANET L Property Address: 2305 E CONTINENTAL DR HAIN DENNIS D & HAIN MARCIA L Property Address: 2074 E BENTLEY DR HOWELL OVERLAND ROAD PROPERTIES LL Property Address: 2200 E OVERLAND RD KENAI PARTNERS LLC Property Address: E OVERLAND RD MILLENNIUM PEDIATRIC ASSOCIATES LLC Property Address: 1620 S CELEBRATION AVE N M ENTERPRISES LLC Property Address: 2320 E GALA ST SECEROVIC NIJAZ SECEROVIC FATIMA Property Address: 1120 S MUSTANG ST TROUTNER KELLY E Property Address: 2275 E CONTINENTAL DR Owner Address 192 S SUNBURST WAY BOISE, ID 83709-0675 2305 CONTINENTAL DR MERIDIAN, ID 83642-6219 2074 BENTLEY AVE MERIDIAN, ID 83642-6212 4665 ENTERPRISE ST BOISE, ID 83709-0000 6223 N DISCOVERY WAY BOISE, ID 83713-0000 305 E JEFFERSON STE 101 BOISE, ID 83712-0000 391 W STATE ST # G EAGLE, ID 83616-0000 1120 S MUSTANG ST MERIDIAN, ID 83642-0000 2275 E CONTINENTAL DR MERIDIAN, ID 83642-6219 �cV Owners VAN AUKER RONALD W Property Address: 2600 E OVERLAND RD WELCH RICHARD A & WELCH SUSAN M Property Address: 2106 E BENTLEY DR Owner Address 3084 E LANARK MERIDIAN, ID 83642-0000 2106 BENTLEY DR MERIDIAN, ID 83642-0000 Vic 240 MA% MT.VIEW HIGH SCHOOL u c� v --- --- -- --- --- -- --- --- - J r �- 0-• ~ z �M }� ' 'G = 1i + F X Q C ~ O W O L U. LL a 0 1 U. z � Y � O 2 y M c6 z a. a. Q w w 0 z • .�� w ,} z J FL �-j # U) U Qr !R o � OC m O z Uj i Uj o LC) F cc y w O 0 CL i.. �j Q ` LLL a Q LAN©STAR NW, LLC SUNNYSIDEQWA 98944 (509) 837-6443 FAX (509) 837-3032 **** Three Hundred Ten and 00/100 PAY To THE City of Meridian ORDER OF 33 E Idaho Ave., Meridian ID 83642 11-UeUU6 511• 14: 1 2 S 1000891: Washi"WTAW Bank 1-0 28-8/1251 DATE 12/16/04 100391,S904e 60065 60065 AMOUNT *****310.00 f"r J Ali/D S� NATURE 4-