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CITY CLERK FILE CHECKLIST Project Name: Kennedy Commercial Ctr /Western Elec. File No. CPA 08-005 Contact Name: JoAnn Butler Phone: 388-1093 Date Received from Planning and Zoning Department: Planning and Zoning Level: 0 Transmittals to agencies and others: 0 Notice to newspaper with publish dates: ❑ Certifieds to property owners: June 17, 2008 Hearing Date: August 7, 2008 June 24, 2008 21-Jul-08 ❑ Planning and Zoning Commission Recommendation Notes: so . �: ❑ Approve 0 Deny City Council Level: Hearing Date: a ❑ Transmittals to agencies and others: ❑ Notice to newspaper with ❑ publish dates: -- and — Certifieds to property owners: LS ❑ City Council Action: Approve ❑ Deny ❑ Findings / Conclusions / Order received )frm torney on: Findings / Conclusions / Order: ❑ Approved by Council: ❑ Copies Disbursed: ❑ Findings Recorded Developmen greement: ❑ Sent for sig Lures: ❑ Signed by II p ies: ❑ Approved b Coun ❑ Recorded: ❑ Copies Disbursed: O d' r finance No. Resolution No. ❑ Approved by Council: '(r-�_ ❑ Recorded: Deadline: to days ❑ Published in newspaper: ❑ Copies Disbursed: Notes: Resolutions: Cnginal Res/Copy Cerr. Minutetiook Copy Res / Copy Cert. City Clerk Qy Engineer City Planner Ciy Allomey Sterling Codfiers Project File Deputy Clerk Copy Res / Original Cen. Ada County (CPAs) APPllcanl(nou-CPAs) RecorCed Ordnance'. On ginal Minutebook Copiasto Ciy Clark Slele T. Comm. 'role Treaserer. Audsse�o ror, Ar Sewing Codfiers Ciy Attorney City Engineer City planner Pro/ec(tile Ppplican! (it appl.) Deputy Clerk Findnps / Orders: Original. M,—!,b ok Coping, Applicant Project file Ciy Engineer Ciy Plaooer Cll,/A omey Deputy Clerk Record Vacation Findnps Rcortled Development Aareements: Original Fireproof File Copies N:Applicanf Project file City Engineer Cly Planner Cly Apomey Deputy Ci- IDIAN- TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba 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 Hall Attn: Jaycee Holman, City Clerk, by: July 31, 2008 Transmittal Date: June 24, 2008 File No.: CPA 08-005 Hearing Date: August 7, 2008 Request: Public Hearing - Amend the Comprehensive Plan Future Land Use Map to change the land use designation on 33.59 acres of land from Industrial to Commercial for Kennedy Commercial Center / Western Electronics By: DBSI Meridian 184 LLC and Herman -Treasure Valley Business Park I LLC Location of Property or Project: north of Overland Road and south of Interstate 1-84 Joe Marshall (No FP) David Moe (No FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Joe Borton, C/C Keith Bird, C/C David Zaremba C/C Water Department Sewer Department Sanitary Services (No VAR, VAC, FP) Building Department / Rich Greene Fire Department Police Department City Attorney City Engineer City Planner Parks Department Economic Dev. (CUP only) Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PP/SHP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP/SHP only) Qwest (FP/PP/SHP only) Intermountain Gas (FP/PP/SHP only) Bureau of Reclamation (FP/PP/SHP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 *Fax 208-888-4218 • www.meridiancity.org �E IDIAN^-- TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba 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 Hall Attn: Jaycee Holman, City Clerk, by: July 31, 2008 Transmittal Date: June 24, 2008 File No.: RZ 08-003 Hearing Date: August 7, 2008 Request: Public Hearing - Rezone of 27.17 acres from I-L to C-G zone for Kennedy Commercial Center By: DBSI Meridian 184 LLC Location of Property or Project: 1250 W. Overland Road _Joe Marshall (No FP) David Moe (No FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Joe Borton, C/C Keith Bird, C/C David Zaremba C/C Water Department Sewer Department Sanitary Services (No VAR, VAC, FP) Building Department / Rich Greene Fire Department Police Department City Attorney City Engineer City Planner Parks Department Economic Dev. (CUP only) Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PP/SHP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP/SHP only) Qwest (FP/PP/SHP only) Intermountain Gas (FP/PP/SHP only) Bureau of Reclamation (FP/PP/SHP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 •Fax 208-888-4218 • www.meridiancity.org fk�- D JoCnoo RECEIVEr, File No.: CPA-08-005 J U N 1 12008 GITY Ut= MER,DIAN Project: Kennedy Commercial Center/Western Electronics CITY (—I F R K r F !7 1 r E-_ Request: Request to amend the Comprehensive Plan Future Land Use Map to change the land use designation on 33.59 acres of land from Industrial to Commercial, by DBSI Meridian I84 LLC and Herman -Treasure Valley Business Park I LLC. File No.: RZ-08-003 Project: Kennedy Commercial Center Request: Rezone of 27.17 acres from I-L (Light Industrial) to C-G (General Retail and Service Commercial), by DBSI Meridian I84 LLC. \./ M E Planning Department O MMISWON & COUNCIL REVIEW APPLICATION =oE Mead went eP Type of Review Requested (check allat apply) ❑ Alternative Compliance ❑ Annexation and Zoning ® Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ❑ Conditional Use Permit ❑ Conditional Use Permit Modification ❑ Design Review ❑ Final Plat ❑ Final Plat Modification ❑ Planned Unit Development ❑ Preliminary Plat ❑ Private Street ® Rezone ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment ❑ Vacation (Council) ❑ Varian- 0 Other -Development Agreement Applicant Information Applicant name:DBSI Meridian I84 LLC, an Idaho ltd. liab. company Phone: 955-9800 Applicant address: 1550 S. Tech Lane, Meridian. Tn Applicant's interest in property: ® Own ❑ Rent ❑ Optioned ❑ Other Owner name: DBSI Meridian 184 LLC Owner address: 1550 S. Tech Lane, Meridian_ TT) Zip_ 83642 Phone: 955-9800 Zip: 83642 Agent name (e.g., architect, engineer, developer, representative): JoAnn Butler (attorney) Firm name: Spink Butler, LLP Phone: 388-1000 Address: 251 E. Front Street #200, Boise, ID Primary contact is: ❑ Applicant ❑ Owner ® Agent ❑ Other Contact name: JoAnn Butler Zip: 83702 Phone: 388-1093 E-mail: jbutler@spinkbutler.com Fax: 388-1001 Subject Property Information Location/street address: 1250 W. Overland Road, Meridian, Idaho Assessor's parcel number(s): S1213346700 Township, range, section: T3N, R1W, Section 13 Total acreage: 26. 348 4-7,24 Current land use: vacant land Current zoning district: Industrial -Light (I-L) 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 l Project Description Project/subdivision name: Kennedy Commercial Center (see FP-07-036) General description of proposed project/request: Comprehensive Plan Map Amendment and Rezone Proposed zoning district(s): Commercial -General (C-G) Acres of each zone proposed: 26.348 Type of use proposed (check all that apply): ❑ Residential ® Commercial ® Office ❑ Industrial ® Other Education (private) Amenities provided with this development (if applicable): see FP-07-036 Who will own & maintain the pressurized irrigation system in this development? owners Which irrigation district does this property lie within? Nampa Meridian Irrigation District Primary irrigation source: surface water rights Secondary: municipal Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): see FP - 0 7 - 0 3 6 Residential Project Summary (if applicable) N/A Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): Proposed building height: Minimum property size (s.f): Average property size (s.f.): Gross density (DU/acre-total land): Net density (DU/acre-excluding roads & alleys): Percentage of open space provided: Acreage of open space: Percentage of useable open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) SEE FP-07-036 KENNEDY COMMERCIAL CENTER n #- a Number of building lots:_ Ja Other lots: Gross floor area proposed: NSA Existing (if applicable): Hours of operation (days and hours): Q nn ((/k Building height: tv P ercentage of site/project devoted to the following: Landscaping: Total number of employees: _ N�A_ Building: Paving: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: DBSI Meridian I84 LLC, by DBSI 2006 Land Opportunity Fiend LLC, its Member Authorization By DBSI Land Development LLC, its Manager Print applicant name: By Douglas L . Swer�on, Manager Applicant signature: 660 E. W er e, Suite 202 . Date: ) Phone: 208 884-55 . Meridian, Idaho 83642 ( ) Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 (Rev. 414108) DBSI Development 3.2426 W. Explorer Drive Suite 220 Boise, Idaho 8373.3 Telephone: (208) 489-2500 City of Meridian Planning Department 66o E. Watertower Lane, Suite 202 Meridian, Idaho 83642 RE: Comprehensive Plan Map Amendment DBSI Meridian 184 LLC, owner and applicant for a map amendment to the City's Comprehensive Plan respectfully requests to include the attached land parcel to the application. Please find attached the affidavit of legal interest and recorded warranty deed for the parcel owned by Herman -Treasure Valley Business Park I LLC. DBSI Meridian 184 LLC requests to include the Herman -Treasure Valley Business Park I LLC in the map amendment to the City's Comprehensive Plan and exclude the parcel from the proposed rezone and development agreement. Sincerely, Russell Merrill Authorized Representative DBSI Meridian 184 LLC APPLICATION NARRATIVE FOR COMPREHENSIVE PLAN MAP AMENDMENT, MAP REZONE, AND DEVELOPMENT AGREEMENT The owner and applicant, DBSI Meridian 184 LLC (the "Applicant" or "DBSI"), is pleased to present to the City of Meridian (the "City") the enclosed application for a map amendment to the City's Comprehensive Plan and a corresponding application for rezone with a Development Agreement (if a Development Agreement is deemed necessary). DBSI and its affiliates are a development company that has had a long presence in the City and looks forward to working with the City on the present application. Property Description The property subject to the present applications consists of a parcel commonly known as the Kennedy Commercial Center Subdivision (the "Property" or the "Kennedy Subdivision") that contains approximately twenty-six contiguous acres located at 1250 W. Overland. The entire Property is currently zoned light industrial (I-L) and is adjacent to Interstate 84 along the Property's north boundary and Overland Road along the Property's south boundary. The planned mixed -use area near the Ten Mile Interchange begins west of the Property, and numerous commercial uses lie between the Property and the Meridian Road Interchange on the east. A vicinity map and a legal description for the Kennedy Subdivision are included in Tab 10. Proiect History The City approved initial development of the Property in 2001 as part of the Treasure Valley Technical Center under a Conditional Use Permit for a Planned Development in an I-L zone.' The Conditional Use Permit allowed the Property to be developed with any of the permitted I-L uses and further allowed additional uses for a daycare center, professional and sales offices, and a community and neighborhood shopping center.z A portion of the Treasure Valley Technical Center excluding the Kennedy Subdivision was later sold to another property owner and now houses Western Electronics and the DBSI parent company. Western Electronics uses the Herman Parcel for a light manufacturing and fabrication facility, and DBSI parent company operates its headquarters from the same building. In 2007, the Applicant filed an application with the City to subdivide the Property to create the Kennedy Subdivision. The Council approved the preliminary plat of the Kennedy Subdivision on October 9, 2007.3 The Council approved the final plat on November 27, 2007.4 The Kennedy Subdivision includes eleven commercial building lots and two common lots.5 The final plat and landscape plan for the Kennedy Subdivision are attached as Tab 13. A conceptual site plan and possible building elevations are attached as Tab 12. The conceptual site plan demonstrates how buildings within the Kennedy Subdivision might develop under the See Findings of Fact and Conclusions of Law and Decision and Order Granting Conditional Use Permit Case No. CUP-01-009 (hereinafter CUP Approvan. 2 CUP Approval § 12.12. a City of Meridian Findings of Fact, Conclusions of Law and Decision & Order for Case No. PP-07-013 (hereinafter Preliminary Plat Approval). 4 Order of Conditional Approval of Final Plat Case No. FP-07-036 (hereinafter Final Plat Approvan. e See Preliminary Plat Approval APPLICATION NARRATIVE - 1 S:\Docs\DBSI Group of Companies\Overland Comprehensive Plan Amendment\APPL\Narrative Rezone and Comp Plan Amendment (6-11-08).DOC approvals already granted by the Council and the approvals connected with the present applications. The Applicant proposes that a lot in the Kennedy Subdivision be developed by Metro Commercial Properties to rent to University of Phoenix as a 35,000 square foot adult education and office facility. The I-L zone under the current UDC, however, does not allow higher education facilities. As discussed with staff, the Applicant's present applications reflect the circumstances in the surrounding area, and the applications would allow the University of Phoenix project to proceed while simultaneously recognizing the continuance of the existing uses light industrial uses on the Herman Parcel. This application specifically includes the following: (1) an application to amend the Comprehensive Plan Future Land Use Map to designate the entire Property as "commercial"; (2) an application to rezone the Property as general commercial (C-G); and (3) a Development Agreement corresponding to the rezone (if a Development Agreement is deemed necessary). The application checklists for the Comprehensive Plan amendment (map) and rezone (map) are included in Tab 1. The Commission & Council Review Application is located at Tab 2, and a draft Development Agreement based on the City's form is attached at Tab 11. It is the Applicant's position that a Development Agreement is not necessary, but the Applicant has included the draft Development Agreement for use if a Development Agreement is deemed necessary. The notice of the neighborhood meeting and a list of individuals that attended are found in Tab 6. On May 27, 2008, the Applicant held an open house neighborhood meeting for neighbors and other area residents to discuss the development, the anticipated rezone, and anticipated Comprehensive Plan amendment. The UDC requires applications to amend the Comprehensive Plan Future Land Use Map and applications for zoning map amendments to satisfy various requirements. The remainder of this Narrative lists those requirements and discusses how the present applications satisfy each requirement. Relationship With the Existing Comprehensive Plan (UDC && 11 51213(E)(1) 11 5B 7(D)(1) 11-513-7(D)(3)) The UDC contains several provisions that require consistency between the City's Comprehensive Plan and a proposed map amendment to the Comprehensive Plan and/or a proposed zoning map amendment.6 The Council already determined the Kennedy Subdivision (and thus various aspects of the development) complies with the City's existing Comprehensive Plan. The Council agreed the Kennedy Subdivision includes sufficient plans for the provision of all public services.' The Council also determined the Kennedy Subdivision will provide for a variety of commercial and retail opportunities within the City's Impact Area.8 Under the current applications to rezone the Kennedy Subdivision and amend the Comprehensive Plan land use map for the Kennedy Subdivision, the development of the Kennedy Subdivision will occur as previously approved by the City Council. The current applications simply allow the University of Phoenix to be included within the development as the Applicant originally intended. e UDC §§ 11-56-3(E)(1); (a zoning map amendment must comply with the applicable provisions of the Comprehensive Plan); 11-513- 7(D)(1) (a Comprehensive Plan amendment must be consistent with other elements of the Comprehensive Plan); 11-56-7(D)(3) (a Comprehensive Plan amendment must be internally consistent with the goals, objectives, and policies of the Comprehensive Plan and Comprehensive Plan land use map). Meridian Comprehensive Plan Chapter VII, Goal III, Objective A, Action 1; Preliminary Plat Approval. e Meridian Comprehensive Plan Chapter VII, Goal 1, Objective B; Preliminary Plat Approval. APPLICATION NARRATIVE - 2 S:\Docs\DBSI Group of Companies\Overland Comprehensive Plan AmendmentAPPL\Narrative Rezone and Comp Plan Amendment (6-11-08).DOC The existing approvals require the development to comply with the appropriate landscape and buffer requirements along transportation corridors.9 This will not change. The prior approvals also insure the appropriate landscape will be installed along the perimeter of the Kennedy Subdivision and within each lot as it develops.10 This will not change. The "Site Specific" conditions of approval and the "General Requirements" found in the Council's Findings of Fact, Conclusions of Law and Decision & Order for the preliminary and final plats provide additional guarantees the Kennedy Subdivision will meet the requirements of the City ordinances.11 The location of the Property and the present applications provide consistency between the existing Comprehensive Plan and the City's more recent planning efforts associated with the Ten Mile Interchange Specific Area Plan — A Strategy to Enhance Meridian's Prosperity (the "Specific Plan"). The City adopted the Specific Plan last year after a great deal of hard work by the City, other political subdivisions, developers, and individual citizens. The Specific Plan purposefully locates industrial areas within the Specific Plan area north of Interstate 84 and several miles to the northwest of the Property. A copy of the Specific Plan Map is attached as Tab 14. The Property is located between the Specific Plan area on the west and various commercial developments near the Meridian Road Interchange on the east. The areas within the Specific Plan closest to the Property are designated as High Density Employment and Mixed Use Commercial. The City's Comprehensive Plan adopted in 2002 plans commercial uses for the broad area east of the Property as demonstrated by the City's Future Land Uses Map included in Tab 15. Thus, the requested Comprehensive Plan amendment and rezone will promote a seamless transition between the uses identified in the newer Specific Plan and the uses identified under the older Comprehensive Plan. The changes to the Comprehensive Plan and the zoning ordinance will provide a crucial link between the High Density Employment and Mixed Use Commercial planned to the west and the commercial and retail uses located east of the Property along Overland and near the Meridian Road interchange. The planned educational use by the University of Phoenix on one of the lots within the Kennedy Subdivision specifically furthers policies in the City's existing Comprehensive plan. The City desires to encourage higher education. The University of Phoenix currently operates within the City, and the present development will allow the University to expand its facilities and stay within the City. The University of Phoenix provides Meridian an educated workforce capable of working at higher skilled jobs. It encourages the development of higher paying employment and helps provide a balanced cross-section of incomes within the City.12 The development will provide greater education facilities to meet the demand within the City and from the broader region.13 Higher education provided by the University of Phoenix will help diversify the economic base of the City and continue Meridian's path to become more than a "bedroom" community. 14 Finally, the current project will provide education services that will protect the objectives and integrity of Meridian by maximizing land use and creating minimal conflicts with the other uses planned for the Property and the vicinity.15 9 Meridian Comprehensive Plan Chapter VI I, Goal IV, Objective D, Action 4; Preliminary Plat Approval. 0 Meridian Comprehensive Plan Chapter V, Final Plat Approval. Goal III, Objective D, Action 5; Preliminary Plat Approval. " ,s Meridian Comprehensive Plan Chapter IV, Goal I, Objective B. Meridian Comprehensive Plan Chapter IV, Goal I, Objective A. 14 Meridian Comprehensive Plan Chapter IV, Goal II. 15 Meridian Comprehensive Plan Chapter VII, Goal IV, Objective B. APPLICATION NARRATIVE - 3 S:\Docs\DBSI Group of Companies\Overland Comprehensive Plan Amendment\APPL\Narrative Rezone and Comp Plan Amendment (6-11-08).DOC Compliance with the Proposed Zoning District (UDC & 11 5B 3(E)(2)) The UDC requires that a proposed zone map amendment comply with the regulations outlined in the UDC for the proposed rezone designation, specifically the purpose statement for the particular zone.16 After consulting with staff, the Applicant seeks to change the district classification of the Kennedy Subdivision to the general commercial (C-G) district. Under the purpose statement for all commercial districts within the City, the UDC requires commercial districts to provide for the retail and service needs of the community.17 The zone change to C-G will allow the University of Phoenix to continue providing a needed service — higher education — to the City and the larger community that the current I-L zone designation cannot provide. According to the UDC, the C-G district provides the City with the largest scale and broadest mix of retail, office, service, and light industrial uses.'8 Because the Property was originally approved by the Council as light industrial to include a daycare center, professional and sales offices, and a community and neighborhood shopping center,19 the C-G designation will best comport with the past development approvals granted by the City. The Property meets the UDC requirements for the location of a C-G zone. According to the UDC, the C-G district should be located in close proximity and/or access to Interstate 84 or an arterial intersection.20 Interstate 84 is adjacent to the northern boundary of the Property. Overland Road, a designated arterial, runs along the southern boundary of the Property. Moreover, the property is located in close proximity to the Meridian Road interchange and the planned Ten Mile Road interchange. Public Health. Safety and Welfare (UDC & 11 5B 3(E)(3)) The UDC requires that a zoning map amendment will not be materially detrimental to the public health, safety, and welfare .21 The prior approvals for the Kennedy Subdivision (and to a greater extent the Treasure Valley Technical Center) were based on findings that development such as proposed here will proceed in a manner that protects of the public health, safety, and welfare. The request to rezone the Kennedy Subdivision will actually further the welfare of the community by allowing a portion of the Property by right to develop as a location for higher education. Impact On the Delivery of Services (UDC S 11 5B 3(E)(4)) The UDC requires that a zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts.22 As indicated in the approvals for Kennedy Subdivision, the Council has already determined the development of the Kennedy Subdivision (and by extrapolation, the present request to rezone) will not have an adverse impact on the delivery of services.23 The sanitary sewer and water service must be extended at the developer's expense. 24 The Meridian City Fire Department and the Meridian Police Department 6 UDC § 11-56-3(E)(2). "UDC § 11-2B-1. e UDC § 11-26-1. 9 CUP Approval § 12.12. 21 UDC § 11-2B-1. 21 UDC § 11-513-3(E)(3). 22 UDC § 11-5B-3-(E)(4). 23 See Preliminary Plat Approval Page 6. 24 Preliminary Plat Approval Page 6. APPLICATION NARRATIVE - 4 S:\Docs\DBSI Group of Companies\Overland Comprehensive Plan Amendment\APPL\Narrative Rezone and Comp Plan Amendment (6-11-08).DOC already provide service to the entire Property.25 ACHD owns and maintains Overland Road, and ACHD did not require modifications of that roadway for development of the Property.26 ITD owns and maintains Interstate 84, which is currently being expanded, and will also not be affected by the rezone of the Kennedy Subdivision or the development the University of Phoenix lot.27 The rezone will not affect Meridian School District No. 2 or the Meridian Library District, which currently service the entire Property, because no pupils are expected from the development of Kennedy Subdivision.28 Finally, the rezone will not affect other service providers that provide municipal, fee -supported services, including the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, Meridian Utility Billing Services, and Sanitary Services Company.29 Improved Guide to Future Growth and Development (UDC $ 11 5B 7(D)(2)) The UDC requires that a proposed Comprehensive Plan amendment provide an improved guide to future growth and development of the City.30 The existing uses near the Property and the City's planning context for the Property have changed since the City adopted the Comprehensive Plan in 2002. In June 2007, the City adopted the Specific Plan amendment to the Comprehensive Plan in anticipation of the construction of a new interchange at Ten Mile Road. The Specific Plan laid out a planning context for the Specific Plan area that was not included and not accounted for in the original Comprehensive Plan. The Specific Plan includes plans for industrial districts in the northwest area of the Specific Plan area and High Density Employment and Mixed Use in the area of the Specific Plan nearest the Property. If approved, the proposed Comprehensive Plan amendment for the Property will provide a necessary transition between the newer Specific Plan area and the commercial areas east of the Property along Overland and Meridian Road that are accounted for in the original Comprehensive Plan but not the Specific Plan. The proposed amendment of the Comprehensive Plan Future Land Use Map to designate the Property "commercial" prevents the Property from becoming a misfit island of incongruous industrial uses. Best Interests of the City (UDC 4 11-5137(E)(5)) The UDC requires that a proposed Comprehensive Plan amendment further the best interests of the City of Meridian.31 The foregoing Narrative demonstrates how the proposed amendment to the Comprehensive Plan and the resulting development of Kennedy Subdivision, including the lot to be rented by the University of Phoenix, serve the best interests of the City. The development will provide public services that would not otherwise exist, including continued higher education for the citizens of Meridian, the extension of public facilities and utilities, and an increased tax base. The change in the Comprehensive Plan will provide for the retail, service, and education needs of the community. Further, by adopting the proposed amendment, the City Council will provide a bridge between an area of the City considered in the Comprehensive Plan adopted in 2002 and the area of the City considered in the Specific Plan adopted in 2007. The proposed Comprehensive Plan amendment will provide the City with an even and consistent planning context across this region of the City. 21 Preliminary Plat Approval Page 6. 26 Preliminary Plat Approval Page 6. 2' Preliminary Plat Approval Page 6. 28 Preliminary Plat Approval Page 6. 29 Preliminary Plat Approval Page 6. so UDC § 11-56-7(D)(2). 31 UDC § 11-5B-7(E)(5). APPLICATION NARRATIVE - 5 S:\Docs\DBSI Group of Companies\Overland Comprehensive Plan Amendment\APPL\Narrative Rezone and Comp Plan Amendment (6-11-08).DOC Conclusion DBSI respectfully requests that the City: (1) grant the proposed amendment to amend the Comprehensive Plan Future Land Use Map to designate the Property "commercial; " (2) rezone of the Property C-G; and (3) enter into the Development Agreement related to the rezone of the Property (if the Development Agreement is deemed necessary). APPLICATION NARRATIVE - 6 S:\Docs\DBSI Group of Companies\Overland Comprehensive Plan Amendment\APPL\Narrative Rezone and Comp Plan Amendment (6-11-08).DOC of Mei idian P Acation Meetin otes Date: S/81oB' Project/Subdivision Name: Kf,n n e aI y C6-),,,,1,e v ca a.l cielm+e_o- Applicant/Contact: Muss �v►en , 1, ' tag, Dvrr4 ��n 3v� i. �r City Staff Soh ct . A yin Location R�dsting Zoning: - t_ Proposed Zoning: C:-G Contiguous and Within AOI (AZ only): Property Size�:7 2.sr,- 35 �S Number of Units and/or Lots: -- U Surrounding Uses: C,. a ( Vctc.cz.. -t Vite (if residential): Dwelling Type l i n� vS�'�,l Comprehensive Plan Designation(s): I h j,,S4 ; a.% Street Buffers and/or Land Use Buffers: Open Space/Amenities/Pathways: Street Systezn/Stub Streets/Access: Sewer and Water Service: Topography/Hydrology/Floodplain Issues: Canals/Ditches/Iirigation and/or Hazards: History: Additional Meeting Notes: -x C67, rehQnsive T i'�Yr,me -Ci a pndr►• err+-f'rgr. fnatvs tri c� I -� a -I -)� T JCZ,"5 {.t, .}— C-" Ei -X Su �-i Sesv-1'I�+ Ccivn-ar b,;n inclv&ed dr-1-i v-e r WeS}err\ �lrcfitvn,�S� in Z�in9 Sh0vld Sf*-Y I-L._ rn a++-,enetmer�+ +o 6u+ Other Agencies/Departments to Ada County Highway District Idaho Transportation Department Sanitary Services Corporation Central District Health 6 e, no tact(circle): Nampa and Meridian Irrigation Parks-Departmant Settlers Irrigation Public Works Department Fire Department Building Department Police Department Other. Applications Required (circle aII that 4pply): Accessory Use Design Review Alternative Compliance Final Plat Modification Annexation Miser (DA Modification) Certificate of Zonin corn. fiance Planned Unit Development o a Amends 4" ,,,c,-Pjplim nary Plat Comp Plan Text Amen ent Private Street Conditional Use Permit ezon -�, (- Ei Additional Pre -Application Conference (circle one): Anticipated Submission Date: Required Short Plat Time Extension UDC Text Amendment Vacation Variance Other: Anticipated Heating Date: tNot'Reced NOTES: 1) Applicants are required to hold a neighborhood meeting, fn accordance with UDC 11-SA-5C, prior to submittal of an applicaVaca eouiring a public hearing Z) Except for UDC Teat Amendments, Comprehensive Plan Teal Amendments and Vacation in tions, all other applications requiring a public hearing shall be posted in accordance with UDC 11-5A-5 D. 3) The information provided during this meeting is based on current City Code and Comprehensive PIan. Any subsequent changes to City Code and/or the Comprehensive Plan may affect your submittal and/or application. This pre-aWication meeting shall be valfd for 6 months. u v NEIGHBORHOOD MEETING SIGN -IN SHEET Project: Kennedy Commercial Center Meridian Comprehensive Plan Amendment and Rezone Meeting Date: May 27, 2008 Developer: DBSI Development, LLC Place/Room: Swenson Building, Second Floor - 1550 S. Tech Lane, Meridian, ID Name Address Signa re DriK- Page 1 of 3 DEAR NEIGHBOR, May 15, 2008 You are cordially invited to attend an informational neighborhood meeting regarding a proposed development in your area. The developer's representatives, Russ Merrill and Alan Durrant of DBSI Development LLC will be at the meeting to answer your questions. PROJECT DESCRIPTION• This meeting is held in anticipation of the developer's submission of applications to the City of Meridian for Comprehensive Plan Amendment and Rezoning from Light Industrial (I-L) to General Commercial (C-G) of the Kennedy Commercial Center subdivision and the adjacent Western Electronics site. PROJECT LOCATION• 1250 West Overland Road, and 1550 South Tech Lane, Meridian, Idaho. DEVELOPER: DBSI Development, LLC 12426 W. Explorer Drive, Suite 200 Boise, ID 83713 (208) 489-2611 MEETING DATE & TIME: �.. Date: Tuesday, May 27, 2008 Time: 5:30 pm to 7:00 p.m. MEETING LOCATION: Swenson Building (DBSI/Western Electronics Project Site) Diamond Room, Second Floor 1550 S. Tech Lane, Meridian, Idaho 83642 t We look forward to seeing you at the meeting. Prepared by and after Recording return to: DBSI MERIDIAN 184 LLC Attn: Legal/Acquisitions 12426 W. Explorer Drive, Suite 100 Boise, Idaho 83713 D(00005w94,)- JNgl DA A COUNTY RECORDER J. DAVID NAVARRO AMOUNT 9.00 3 BOISE IDAHO 02/22107 04:23 PM DEPUTYRva Haney RII� I�IIII'I��'II�I��I�It�ll'llllil �I` RECORDCORDEDD —REQUEST OF I ! ! II Transnation Title 107025758 WARRANTY DEED For the consideration of the sum of Ten and 00/100 Dollars ($10.00) and other valuable consideration, MERIDIAN FREEWAY ASSOCIATES, L.P., an Idaho limited partnership, who acquired title as Meridian Freeway Associates, an Idaho limited partnership ("Grantor"), does hereby grant, sell and convey unto DBSI MERIDIAN I84 LLC, an Idaho limited liability company ("Grantee"), whose address is 12426 W. Explorer Drive, Suite 100, Boise, Idaho 83713, and its successors and assigns forever, the following described real property located in Ada County, Idaho, as described in Exhibit "A" attached hereto and incorporated by this reference (the "Property"). TOGETHER WITH all and singular the tenements, hereditaments, easements, rights and appurtenances thereunto belonging or in any way appertaining, the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all estate, right, and interest in and to the Property, as well in law as in equity. SUBJECT to existing taxes, assessments, liens, encumbrances, covenants, conditions, restrictions, rights of way, easements, and other matters of record or otherwise appearing on the land ("Permitted Exceptions"). Grantor hereby, for itself and its successors and assigns, covenants and agrees with Grantee that Grantor is lawfully seized in fee simple of the Property herein conveyed; that it has good right to sell and convey the same in the manner set forth herein and the Property is free and clear of all liens, claims and encumbrances by and through and under the Grantor, except for the Permitted Exceptions; that Grantor, its successors and assigns shall warrant and defend the same unto Grantee forever against the lawful claims and demands of all persons claiming by, through or under Grantor, but against none other. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed this `Lyday of February, 2007. MERIDIAN FREEWAY ASSOCIATES, L.P., an Idaho limited partnership By: DBSI Inc., an Idaho corporation Its: General Partner By: _ Z Name: _ ouglas L. Swenson Its: President Warranty Deed - 1 STATE. OF IDAHO ) ) ss. County of Ada ) On this R-r I day of February, 2007, before me, a Notary Public in and for said State, personally appeared Douglas L. Swenson, known or identified to me to be the President of DBSI Inc., an Idaho corporation, known or identified to me to be the General Partner of Meridian Freeway Associates, L.P., an Idaho limited partnership, the corporation which subscribed said limited partnership's name to the foregoing instrument, and acknowledged to me that such authorized representative executed the same in said limited partnership's name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. :• �0TARr •: '? NOTARY PUBLIC FORIDAHO —•— Residing atc�D'1�-/ T�_,�u7 My commission expires. !�? s�� r>'•.••• �, Warranty Deed - 2 EXHIBIT "A" (Legal Description) A parcel of land being a portion of the SE 1/4 of the SW 1/4 of Section 13, T.3N., R.1 W., B.M., Ada County, Idaho and more particularly described as follows: Commencing at an iron pin marking the South 114 corner of said Section 13; thence along the South boundary of said Section 13, which is also the centerline of West Overland Road North 89026'27" West 1327.84 feet to an iron pin marking the Southwest corner of said SE 1/4 of the SW 1/4 of Section 13; thence leaving said South boundary along the West boundary of said SE 1/4 of the SW 1/4 of Section 13 North 00'13'19" East, formerly North 00°06'51" East, 48.00 feet to an iron pin on the North right-of-way line of said West Overland Road, said point being the POINT OF BEGINNING; thence continuing North 00°13'19" East 1075.98 feet to an iron pin on the South right-of-way line of Interstate Highway 1-84; thence along said South right-of-way line South 89°52'52" East 1327.40 feet, formerly South 89°53'39" East 1325.21 feet to an iron pin on the East boundary of said SE 1/4 of the SW 114 of Section 13; thence leaving said South right-of-way line along said East boundary of the SE 1/4 of the SW 1/4 of Section 13 South 00°12'01" West, formerly South 00°00'00" West, 585.98 feet to an iron pin; thence leaving said East boundary South 90'DO'00" West 578.50 feet to an iron pin; thence South 00°06'51" West 494.56 feet to an iron pin on said North right-of-way line of West Overland Road; thence along said North right-of-way line North 89°26'27" West 750.07 feet to the POINT OF BEGINNING, Warranty Deed - 3 TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83774-2008 208-323-2288 • FAX 208-323-2399 boiseOloengrco.com Project No: 07041 Date: June 11, 2008 Page: 1 of 1 EXHIBIT "A" Land Description — For Re Zoning Purposes of Proposed Kennedy Commercial Center Subdivision A parcel of land located in the SE 1/4 of the SW 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a found 5/8" rebar marking the South 1/4 earner of said Section 13, from which a found 1/2" rebar marking the corner common to Sections 13, 14, 23 and 24 bears N.89°07'22"W., 2655.62 feet; thence, along the southerly line of said Section 13 (centerline of W. Overland Road), A.) N.89°07'22"W., 577.77 feet to the POINT OF BEGINNING; thence, continuing 1) N.89°07'22"W., 750.07 feet to the southwest comer of the SE 1/4 of the SW 1/4 of said Section 13; thence, along the westerly line of said SE 1/4 of the SW 114, �.. 2) N.00°31'50"E., 1123.83 feet to a found 5/8" rebar on the southerly right-of-way line of Interstate Highway I-84; thence, along said southerly right-of-way line; 3) S.89°34'29"E., 1327.37 feet to a found 5/8" rebar on the easterly line of said SE 1/4 of the SW 1/4; thence, along said easterly line, 4) S.00°30'29"W., 585.98 feet to a found 5/8" rebar, thence, 5) N.89°40'57"W., 578.55 feet to a found 5/8" rebar; thence, 6) S.00°25'32"W., 542.66 feet to the POINT OF BEGINNING. CONTAIlVING: 27.17 acres, more or less. SUBJECT TO: All Covenants, Rights, Rights -of -Way, Easements of Record and any Encumbrances. REVIE APP VAL BY JUN 13 20M M WORKS DEPT�W I-IM704I%WPfiles4SURVEY\ExhA-KennedyCCSubdivision ReZone.doc BOISE - COEUR WALENE - CALDWELL 4 FE O C6 V-4 O O U� w V2 A O o c U C) 0 U � v �E co Enw�o � Hg 0 o OV /1 �o Aar A I EZW o U w �U] W E-1 10 O O a a a �i 0 O n 0 LO 0 Wo rn U z I z ; gN o 0 a am� W ¢ N o I•om X z En o L¢ r a w c z U o D� 0 x oNFE! -0 (A M 0 ft Z N W U W z z O Z^ O c Ey w rn n- 0 � UNPLATTEd 500'30'29" W 585.98' C\2 QVO 548.18' i Q2iV000,LS 'S 4 L c Ir- in Q �I O z 'I Q� co z a.99,z-vg m z2,sz.QOS U — C\2 �a N W Z J � � W Z Z O Q QO pN j p Z m� CL Z N " O O I 1 I I I O • ❑ 0 0 02, co ',�s•szi t 3„09jC,ODN w E- El- x E- L 2 J � R r> a w z a 0 H CQ U J U ma nil] a ap Q Y Q o� W � 0 W ll} m u Parcel name: REZONE North: 701739.5493 East : 2451281.7607 Line Course: N 89-07-22 W Length: 750.07 North: 701751.0327 East : 2450531.7787 Line Course: N 00-31-50 E Length: 1123.83 North: 702874.8146 East : 2450542.1851 Line Course: S 89-34-29 E Length: 1327.37 North: 702864.9622 East : 2451869.5185 Line Course: S 00-30-29 W Length: 585.98 North: 702279.0053 East : 2451864.3226 Line Course: N 89-40-57 W Length: 578.55 North: 702282.2113 East : 2451285.7815 Line Course: S 00-25-32 W Length: 542.66 North: 701739.5662 East : 2451281.7510 Perimeter: 4908.46 Area: 1,183,557 sq. ft. 27.17 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0195 Course: N 29-59-28 W Error North: 0.01692 East :-0.00977 Precision 1: 251,715.90 FF Q F N J. F AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, i73SI �1Pridla�, ��� (.LL 12�2% (t��• �k0�erry �� (name) �II (address) d Ism 0c, YV) (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: I �1 -Bu 4v L_L_.P , J`r : S. J< 2x)d O )5�. IL) (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless `./ from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this tf� day of e-- SUBSCRIBED AND SWORN to before me the day and year first above written. 4 � R (Not ublic/��r Idaho)Ap * : N41P ` Residing at: # PveL� o i •.,, �+,�•' My Commission Expires: Q fJi( l'JZI 25119L� ° ARTICLES OF OR GAN/ZATION LIMITED G f MITED LIABILITY CO,1VaPAN 86 EP 21] F H 2: 57 (Instructions on back ofapplication) SE 1 • The name of the limited liability company is: STATE GF +i0t. HO DBSI Meridian J84 LLC 2. The street address of the initial registered office is: 1550 S. Tech Lane, Meridian, ID 83642 and the name of the initial registered agent at the above add ress is: Douglas L. Swenson 3. The mailing address for future correspondence is: 1550 S. Tech Lane, Meridian, ID 83642 4, Management of the limited liability company will be vested in: Manager(s) ❑ or MemberQ to (s) feasP chacic the app�oprlato box) 5. If management is to be vested in one or more manager(§), list the name(s) and addresses) of at least one initial manager. If management is to be vested in ,the member(s); list the name(s) and address(es) of at least one initial member. ua, Name Address. DBSI 2006 Land Opportunity 1550 S, Tech Lane Fund LLC: Meridian, ID 83642 G. `Signature of at least one person responsible for forming the limited liability company: DBSI 2006 Land opportunity F ,._,..�..----'----,.,�..,_.W.� I an Idaho limited liability com any �1Cf LLC,Secretary of St9Vb use only Rr BBsi Lan° u I ment LLC, its Manager By: s dame: ouglas L. Swenson3 � IDAHO SECRETARY O STATE B9/20., 2@@C, @5 _ €�B Its: Manager CK: 9172z3 E:T. 1720S Si?: 976176 a i @Y. 09 ORGAN LLC + Sent By: IOAHO SECRETARY OF STAiE" ; 3342080; Apr-12-al5' 1:24P10; Pace 2/2 04/11/200S 15,04 2069559757 DBSI LEGAL DEPT PAGE 04/04 259 FILEA) EFFECTIVE FThename RTICLES OF ORGANIZ4TION IMITED LIABILITY COMPAN , i i (Instructions on back of application) SiCitii t,a);Y Y; ;Alt f the limitedIiabi(ity company is:TAit- [fir:lI? ,HU 6 Land Opportunity Fund LLC 2• The street address of the initial registered office is, 1560 S. Tech Lane, Meridian, Idaho 83642 and the name of the initial registered agent at the above address is: Douglas L. Swenson 3. The mailing address for future correspondence is: 1550 S. Tech Lane, Meridian, Idaho 83642 4. Management of the limited ilablilty company will be vested in: Manager(s) [D or Members) 7 (please check the appropdata box) 5• If management is to be vested in one or more manager(s), list the name(s) and addresses) of at least one initial manager, If management is to be vested in the member(s), list the name(s) and address(es) of at least one initial member. Marne Address D881 Land Development LLG 1550 S. Tech Lane, Meridian, ID 83642 6. Signature of at least one person responsible for forming the limited liability company: Signature: ..-�r..... _._ ...., Tamed inm AI' % ilcnn '� Secretary ai StCf. Ll9. Ot1ly Capacity: Organizer Signature TypedName: ivGi+1J SECRETARY OF STATE 4t! iJ�l1 �.✓���C� Capacity: CA. 775952 CT: i7�899 kil: 948615 I t 9 198.99 = 4RGAN LLC 9 4 wapFa�", 1 9 2B.#@ = 20.09 EXPEDITE C # v C,/ e5/11/2006 16:51 2089559757 280 DBSI LEGAL DEPT AMENDED AND RESTATED ARTICLES OF ORGANIZATWNAT 12 All IQ: 04 LIMITED LIABILITY COMPANyrI,%, (Instructions on back of application) 1. The name of the limited liability company is: DBSI Land Development LLC 2. The date the articles of organization were filed was: April 11, 2006 1 = . t I R• • • 1 . - q 1 • 1 • • • • 3. The name of the limited liability company is: DBSI Land Development LLC 4. The registered agent and registered office is: Douglas L. Swenson SAGE 03/03 1550 S. Tech Lan eridlan, ID 83642 (signs r®ofre eteredagentl 5. The management ofthe limited liability company shall henceforth be vested in 0 Manager(s) ❑ Members. & The name and address of at least 1 manager or member: Ngme;Address: Douglas L. Swenson 1550 S. Tech Lane, Meridian, Idaho 83642 Jeff Taylor 1550 S. Tech Lane, Meridian, Idaho 83642 7. Signature of stone manager, if any, or at least one member. Signature Manager r,eoochv Typed Name Douglas L. Swenson Signature Typed Name 14a Secretary of Slate use ony 65/� iWTaRr OF srarE CK: E 296 I E go CT. 38 s 954438 28.w UPONC03 t� y99S 08/27/2007 14:06 2089559i'7 DBSI LEGAL DEPT "" PAGE 02/03 ARTICLES OF AMENDMENT TO �� AUG 27 P� ib ARTICLES OF ORGANIZATION LIMITED LIABILITY COMPANY �1.LriEIARY OF STATE OF 10 (Instruc dons on back of application) 1. The name of the limited liability company is: OBSI Land Dewiopment LLC M " LL.0 kno bwn .em and 'W b no brW waftb s *w tw, A 6Nav swat mote an seMrtw++Mit d eamt. 2. The date the articles of organization were flied was: April 11. zoos 3. The name of the limited Hablllty company is amended to read: 4. The managementof the limited Ilabilfty company shall henceforth be vested In: ❑ Manager(s) 0 Members 5. The Information on the managers/members shall be emended as follows: Nam &ddren Add 12alete Qfi= Jedf Taylor 1560 S. Tech Lana, Mee4nn, D e98t2 ❑ ❑ Jeremy Swenson 1560 S. Tech Lana, Marian, ID 936.42 Q ❑ ❑ ❑ ❑ ❑ ❑ ❑ 6. Signature of at l ne manager, K any, or at least one member. slpn wffl: seonhry of SWA UW ony Typed Nan; DougF tacit COpe&Y, kJU4ot 4s'O ftnatura: IDAM SECRETARY OF / 1*106 Typod Neff*: STATE B C+WI M 1259346 CTTi 1 ccJ99 ait U72AG1 It 38.88 i 38. W ORGAN N" 8 1 rft„ 23 sic Cq) ADA COUNTY RECORDER J. DAWO NAVARRO AMOUNT 12.00 BOISE IDAHO 06129/07 04:40 PM DEPUTY Vicki Allen RECORDED -REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I III Transnation Title 107093624 WHEN RECORDED MAIL TO: Herman -Treasure Valley Business Park I LLC c/o Jack C. Mardoian, Ltd 900 North Shore Drive, Ste 150 Lake Bluff, IL 60044 (/n2.z--3-8(I- r'to'-i MAIL TAX STATEMENTS TO: DBSI Housing Inc. 1550 S. Tech Lane Meridian, Idaho 83642 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED FOR 1031 Treasure Valley Business Center LLC, a Delaware limited liability company, with its principal office at 12426 W. Explorer Drive, Suite 220, Boise, Idaho 83713, as GRANTOR, for and in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby sells, conveys, and special warrants to: Herman -Treasure Valley Business Park I LLC, a Delaware limited liability company as GRANTEE with an address of 402 Killarney Pass, Mundelein, IL 60060 and its successors and assigns forever, an undivided 100% tenant in common interest in and to the real property described on Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); TOGETHER WITH all and singular the tenements, hereditaments, easements, rights and appurtenances thereunto belonging or in anywise appertaining; and SUBJECT to existing taxes, assessments, liens, encumbrances, covenants, conditions, restrictions, rights of way, easements, and other matters of record or otherwise appearing on the land. SPECIAL WARRANTY DEED - l vs080805 V Grantor hereby, for itself and its successors and assigns, covenants that Grantor will warrant and defend the title to said premises unto Grantee and Grantee's heirs and assigns forever, against the lawful claims and demands of all persons claiming under Grantor, but against none other. Executed this c7l. I day of June, 2007. �t�gAop I fl Q 000000 ", 1 D A 000p Cc�oe€� 000©oobpa�ly���©oo �o7AP, � o �UIILjo ° g �rOo�000°�`©OGQ3 DFI o _mod State of Idaho ) ss. County of Ada ) GRANTOR: FOR 1031 Treasure Valley Business Center LLC, a Delaware limited liability company By: FOR 1031 LLC, an Id. o limited liability company, its o1,Me Abe, By o 1. Its-Autl-ierize<-epresentative1' CPJ On this c�—� � day of 3, 2007, before me, a Notary Public in and for �sssltG »k said State, personally appeared e,Vtcj �L�sn,known to me to be Aeri�cd_� R4prPeP=&of FOR 1031 LLC, an Idaho limited liability company, which is a Sole Member in the limited liability company of FOR 1031 Treasure Valley Business Center LLC, a Delaware limited liability company, and that he being authorized to do so, executed the foregoing on behalf of FOR 1031 LLC, as the sole member of FOR 1031 Treasure Valley Business Center LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above writterf' Notary Public for I� � D Residing at: My Commission Expires: _jD -•3j -O�7 SPECIAL WARRANTY DEED - 2 vs080805 File No.: 11020884 LEGAL DESCRIPTION (continued) SCHEDULE A (continued) EXHIBIT "A" PARCEL I A parcel of land situated in the Southeast quarter of the Southwest quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at a 5/8 inch pin marking the South quarter corner of said Section 13 and the POINT OF BEGINNING; thence North 00011'52" East, 547.89 feet along the East line of said Southwest quarter of Section 13; thence leaving said East line North 90000100" West, 578.50 feet; thence South 00006151" West, 542.31 feet to the South line of said Southwest quarter of Section 13, said line also being the centerline of Overland Road; thence South 89026127" East, 577.68 feet along said South line to the POINT OF BEGINNING. EXCEPTING THEREFROM: A parcel of land located in the Southeast quarter of the Southwest quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, said parcel also being a portion of that Warranty Deed filed as Instrument No. 100034346, records of Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast corner of the Southeast quarter of the Southwest quarter (South quarter corner) of Section 13, said point being the REAL POINT OF BEGINNING; thence North 0 30'54 East, 48.00 feet (formerly North 0011'52" East), along the East boundary of said Southeast quarter of the Southwest quarter to a 4u point; thence i North 89007'25" West, 577.75 feet parallel to said Southeast quarter of the Southwest quarter to a point on the West boundary of said Warranty Deed; thence South 0025153" West, 48.00 feet (formerly South 0006'51" West) to a point on the South boundary of said Southeast quarter of the Southwest quarter and the Southwest corner of said Warranty Deed; thence South 89007125" East, 577.68 feet (formerly South 89026127" East, 577.68 feet) along said j South boundary of Section 13 to the REAL POINT OF BEGINNING. PARCEL II A perpetual non-exclusive easement, through, under, over, upon and across that portion of the property described in Exhibit B in that Declaration of Easement and Restrictive Covenants, recorded June 28, 2007 as Instrument No. 107092101 described as follows: A parcel of land being a portion of the Southeast quarter of the Southwest quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows: Commencing at an iron pin marking the South quarter corner of said Section 13; thence along the South boundary of said Section 13, which is also the centerline Road of West Overland North 890261271, West, 577.68 feet to a point; thence leaving said South boundary (continued) File No.: 11020884 SCHEDULE A (continued) LEGAL DESCRIPTION (continued) North 00006'51" East, 48.00 feet to an iron pin on the North right-of-way line of said West Overland Road, said point being the POINT OF BEGINNING; thence along said North right-of-way line North 89026127" West, 71.53 feet to a point; thence leaving said North right-of-way line North 01016126" East, 66.48 feet to a point on a curve to the right with a radius of 60.84 feet, a central angle of 20054,3411, a length of 22.20 feet and a chord which bears North 10133139" East, 22.08 feet; thence leaving said curve North 21012'15" East, 25.61 feet to a point on a curve to the left with a radius of 27.61 feet, a central angle of 21043'58", a length of 10.47 feet and a chord which bears North 100451101, East, 10.41 feet; thence leaving said curve North 00004'22" West, 48.26 feet to a point; thence North 00008'45" East, 51.63 feet to a point; thence North 00000'41" East, 52.59 feet to a point; thence North 00026121" West, 46.70 feet to a point; thence North 000151591, East, 160.00 feet to a point; thence North 00004127" East, 14.71 feet to a point on a curve to the left with a radius of 14.00 feet, a central angle of 52021'OB", a length of 12.79 feet and a chord which bears North 26006,07" West, 12.35 feet to a point of reverse curve to the right with a radius of 59.50 feet, a central angle of 28502714711, a length of 296.45 feet and a chord which bears South 89032148" East, 72.06 feet to a point of reverse curve to the left with a radius of 14.00 feet, a central angle of 53007,0611, a length of 12.98 feet and a chord which bears South 26037'33" West, 12.52 feet to a point; thence South 00004'00" West, 1.59 feet to a point; thence South 90000'00" West, 5.72 feet to a point; thence South 00006'51" West, 494.56 feet to the POINT OF BEGINNING. AFFIDAVIT OF LEGAL INTEREST STATE OF ILLINOIS) COUNTY OF � // ) ss W ) Herman -Treasure Valley Business Park I LLC, 402 Kilarney Pass, Mundelein, 11, 60060, its authorized representative being first duly sworn on her oath, deposes and says: 1. That Herman -Treasure Valley Business Park I LLC is the record owner of the property described on the attached Exhibit "A", and does grant its permission to: DBSI Meridian I-84 LLC, 12426 W. Explorer Drive, Suite 220, Boise, ID 83713, to submit the accompanying application pertaining to that property: Amend the comprehensive plan for the property to allow General Commercial use. 2. Herman -Treasure Valley Business Park I LLC agrees to indemnify, defend and hold Ada County 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. Herman -Treasure Valley Business Park I LLC hereby grants permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said a/pplication(s). Dated this /4 day of JL44r , 2008. HERMAN — TREASURE VALLEY BUSINESS PARK I LLC, A Delaware limited liability company By: Herman Builders, Inc., An Illinois corporation Its: Sole Member fBy: Ellen A. Kwiatkowski-Schwinge Its: President SUBSCRIBED AND SWORN to before me the day and "OFFICIAL SEAL" JACK C. MARDOIAN NOTARY PUBLIC, STATE OF ILLINOIS otary P MY COMMISSION EXPIRES 4/21/2010 eliding first above written. blic for ( mission Expires:ol/�v>� COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11-5A-5D,the applicant for all applications requiring a public hearing (except .fora UDC text amendment, a Comprehensive Plan text amendment. and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property Under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 1 I -SA-5. Applicant/agent sigfture (AA,yMc6z1 5Fc-7-s / lfxe 0e Date DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (hereinafter "Agreement") is made and entered into this day of 2008, by and between the City of Meridian, a municipal corporation of the State of Idaho (hereinafter "City"), and DBSI Meridian 184 LLC, an Idaho limited liability company (hereinafter "Owner"). RECITALS WHEREAS, Owner is the sole owner, in law and/or equity, of that certain parcel of real property located in Ada County, State of Idaho and described in Exhibit A attached hereto and incorporated herein (hereinafter the "Property"); and WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner make a written commitment concerning the use or development of the re -zoned land; and WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re -zoning of land; and WHEREAS, Owner submitted an application for re -zoning of the Property, and requested a designation of general commercial (C-G) to replace the existing designation of light industrial (I-L) under the Municipal Code of the City of Meridian; and WHEREAS, Owner made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property may develop; and WHEREAS, record of the proceedings for the requested zoning designation of the Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and WHEREAS, the City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order on , 2008, set forth in Exhibit B attached hereto and incorporated herein (hereinafter the "Rezone Findings"); and WHEREAS, the Rezone Findings require the Owner to enter into a development agreement before the City Council takes final action on the requested zoning designation; and WHEREAS, Owner deems it to be in Owner's best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily; and WHEREAS, City requires Owner to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. DEVELOPMENT AGREEMENT - 1 S 1Docs\DBSI Group of CompaniesNOverland Comprehensive Plan AmendmentlAGR\Development Agreement Meridian (6-10-08).doc AGREEMENT NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. INCORPORATION OF RECITALS. The above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. DEFINITIONS. For all purposes of this Agreement the following words, terms, and phrases contained in this Section shall be defined and interpreted as herein provided, unless the clear context of the presentation of the same requires otherwise: 2.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 2.2 OWNER: means and refers to DBSI Meridian 184 LLC, an Idaho limited liability company, whose address is 1550 S. Tech Lane, Meridian, Idaho 83642, the party that owns the Property and shall include any subsequent owner(s) of the Property. 2.3 PROPERTY: means and refers to that certain parcel of property located in County of Ada, State of Idaho and described in Exhibit A. 3. USES PERMITTED BY THIS AGREEMENT. 3.1 The uses allowed pursuant to this Agreement are those uses allowed in the C-G zone under the City's Zoning Ordinance codified at Meridian City Code Section 11 as of the date of this Agreement. 3.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4. CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY. conditions: 4.1 Owner shall develop the Property in accordance with the following special 1. 2. 3. 5. CONSENT TO REVERSAL OF ZONING DESIGNATION. Owner consents upon default to the reversal of the zoning designation of the Property to light industrial (I-L) subject to and conditioned upon the following conditions precedent to -wit: 5.1 That the City provide written notice of any failure to comply with this Agreement to Owner, and if Owner fails to cure such failure within six (6) months of such notice as provided herein. 5.2 Code § 67-6509. 5.3 That the City comply with the notice and hearing procedures as outlined in Idaho 6. INSPECTION. Owner shall, immediately upon completion of an y or the entirety said development of the Property as required by this Agreement or by City ordin nce olropolicy, notify th of City Engineer and request the City Engineer's inspections and written approval of such completed DEVELOPMENT AGREEMENT - 2 S:\Docs\DBSI Group of Companies\Overland Comprehensive Plan Amend mentAGR\Development Agreement Meridian (6-10-08).doc improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Development. DEFAULT. 7.1 In the event Owner, or Owner's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 A waiver by City of any default by Owner of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 8. REQUIREMENT FOR RECORDATION. City shall record in the official records of Ada County, Idaho either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's cost, and submit proof of such recording to Owner, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 9. ZONING. City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 10. REMEDIES. This Agreement shall be enforceable in any court of competent jurisdiction by the City or Owner, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 10.1 In the event of a material breach of this Agreement, the parties agree that City and Owner shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the continuity. curing of the same with diligence and 10.2 In the event the performance of any covenant to be performed hereunder by responsible for such performance, which shall include, without limitation, either Owner or City is delayed for causes which are beyond the reasonable control of the party acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 11. SURETY OF PERFORMANCE. City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements on the Property, if any required by the Rezone Findings, which the Owner agrees to provide. 12. ABIDE BY ALL CITY ORDINANCES. Owner agrees to abide by all ordinances of the City of Meridian. 13. NOTICES. Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT - 3 S:\Docs\DBSI Group of Companies\overland Comprehensive Plan AmendmentlAGR\Development Agreement Meridian (6-10-08).doc CITY: C/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 CITY: DBSI Meridian 184 LLC 1550 S. Tech Lane Meridian, ID 83642 15.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 14. ATTORNEY FEES. Should any action be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to costs and reasonable attorneys' fees. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 15. TIME IS OF THE ESSENCE. The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 16. BINDING UPON SUCCESSORS. This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and such authorities' successors in office. This Agreement shall be binding on the Owners and each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, determines that Owner has fully performed its obligations under this Agreement. 17. INVALID PROVISION. If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 18. FINAL AGREEMENT. This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing, signed by the parties or the parties' successors in interest or their assigns, pursuant, with respect to City, to a duly adopted ordinance or resolution of City and such alteration, amendment, change or addition is recorded in the official records of Ada County, Idaho. 18.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT - 4 S:\Docs\DBSI Group of Companies\Overland Comprehensive Plan Amendment\AGR\Development Agreement Meridian (6-10-08).doc 19. EFFECTIVE DATE OF AGREEMENT. This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the rezoning of the Property and execution of the Mayor and City Clerk. IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER: DBSI Meridian 184 LLC, an Idaho limited liability company By: DBSI 2006 Land Opportunity Fund LLC Its: Member CITY: By: Attest. - City Clerk Schedule of Exhibits: By: DBSI Land Development LLC Its: Manager By: Douglas L. Swenson Its: Manager Mayor Tammy de Weerd Exhibit A: Legal Description of the Property Exhibit B: Rezone Findings DEVELOPMENT AGREEMENT - 5 S:\Docs\DBSI Group of Companies\Overland Comprehensive Plan Amendment\AGR\Development Agreement Meridian (6-10-08).doc STATE OF IDAHO ) ) ss County of Ada, ) On this day of 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Douglas L. Swenson, known or identified to me to be the Manager of DBSI Land Development LLC, the Manager of DBSI 2006 Land Opportunity Fund LLC, the Member of DBSI Meridian 184 LLC, the Idaho limited liability company that executed the within and foregoing instrument, or the person who executed the instrument on behalf of said Idaho limited liability company, and acknowledged to me that such Idaho 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 written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires STATE OF IDAHO ) ) ss County of Ada, ) On this day of , 2008, before me, the undersigned, a Notary Public in personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument of behalf of said City, and acknowledged to me that such City 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 written. 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INTERSTATE 84 Future Land Use .. - High Density Employment (HDE) High Density Residential (HDR) Mixed Employment (ME) Medium High Density Residential (MHDR) I Low Density Employment (LDE) Medium Density Residential (MDR) �— Industrial (IND) WLow Density Residential (LDR) - Lifestyle Center (LC) = Green Space and Park Land (PARK) Mixed Use Commercial (MUC) = Civic (CIVIC) Mixed Use Residential (MUR) ,- Gasline Easement (GAS) l Transportation Roundabout Collector Arterial Potential Collector Extension Potential Arterial Extension — Potential Slip Ramp (��MEF�� Adopted June 19, 2007 Prepared by Meridian Planning Department Print Date: 09/17/07 0 0.25 0.5 1 Miles w i _ a C <t m 'o c L a L , t' -- LI - N. C. r _ J Is PILN I A � MCMILLA�S 1X. C • _ City of Meridian I Future Land Use Map ° _... ERA' • _' • .. . NC � i 1 -., �` F IEW 0 025 Ds L� Miles _. - 'RANKLJN • _ _ --__ --.-__ - •. Future Land Uses Ten MIN Itarchanpe SpaGbc- I a Cc.-noal - -. Irkum.l • _ _<- " RSTATE i-`- �; High Drafty Resldanbal OVERLMB - McFHigh Derody Raudetkl - a • t , "A -� Mad- Denatiy RpldatNl - s (/\'FRL4 VL1 Low Danalty Rea datial C Old Town �U. Jr.) -_ - J Mbad U. Inkrch.nge .m j - ___ __ • _- _ _-_. _.. vu_ Mo. J. Raglcrul I �I • Mead Use-Communby -- - ' Mrcad Use - Nalghborhood -- \TCT RA' _ ®Mixed Use- Was, NMter Toatmet Plats ---_-_ \__1CTUKl':� ,':' PiAtGCiaai-Public .% c� �,' _/� A.C.: A. N.0 Neighbodrcod Cater i e Legend a a • Fin Sbtions Exiatinp b Pobrro.l Credo 8 C.rok ` • Existirq Domestic N•II � Potenti.1 Overp..s AMI'r\' —` • Potential Domestic Noll Sewer Main Lirro _ 2 1TV * Parka E[i.Eng b Pobntial a a < t Schools E-Ung b Potential — Principal Arsahag � ''` - �' [d m Potenti.ITonait SlaCon—MinorArkrial - QF.Wre Planning and R.%-1 Ara. Major Co11eu4r e Potential lrasrch.npe — Railroad Eneyw.y Corridor --. Secbon Line_... -- EL Future Land Use Map Adopted Augareust 6, 2002 Amended Mh 4, 2008 NOTES: ..�-- WE m.«._,....,..:..:...,..a,,..•.. `.�,," ... COLUMBIA ``^�p !Drn 7 (ƒ})} }}}{ �. \»F }( X 4/3 { K 3.o { / ai* � ) z)-, m u < _ s UNDER m \ \ / . o � � � \ \ \ �\ \ $ E } ° ® T � f F t n no -NJ 01"11 � , A U�Jjj,�� i \ \ « 7� (D � � m 0- I< 0 O 3 3 CD 0 � � CD � m I 114 RADIUS NOTICE REPORT FILE NAME: kennedy 17-,Jury-2008 Owners Owner Address ALTIERI MELISSA 915 W JACKSNIPE DR MERIDIAN, ID 83642-0000 Property Address: Kennedy BEEDE ROBERT F 1772 S RIVERCHASE WAY BEEDE SUSAN E EAGLE, ID 83616-0000 Property Address: Kennedy BLUE HORIZON HOMEOWNERS ASSOCIATIO PO BOX 1246 MERIDIAN, ID 83680-0000 Property Address: Kennedy BLUE HORIZON HOMEOWNERS ASSOCIATIO PO BOX 1246 MERIDIAN, ID 83680-0000 Property Address: Kennedy BOISE WALTMAN LLC 970 W BROADWAY # 443 JACKSON, WY 83001-9475 Property Address: Kennedy BRADY BRADLEY K 1123 W JACKSNIPE DR MERIDIAN, ID 83642-0000 Property Address: Kennedy BRANDT ROBERT T TRUST 871 W JACKSNIPE DR BRANDT ROBERT T TRUSTEE MERIDIAN, ID 83642-0000 Property Address: Kennedy DBSI MERIDIAN I84 LLC 12426 W EXPLORER DR STE 100 BOISE, ID 83713-0000 Property Address: Kennedy EDWARDS DEARL W 1155 S PELICAN WAY EDWARDS TYNA M MERIDIAN, ID 83642-0000 Property Address: Kennedy 1 Owners Owner Address GRIGSBY 2007 REVOCABLE TRUST GRIGSBY DONN C TRUSTEE 3245 ROUND HILL DR HAYWARD, CA 94542-2141 Property Address: Kennedy HENDRICKS DAVID 1213 W JACKSNIPE DR ASLANZADEH STACY L MERIDIAN, ID 83642-0000 Property Address: Kennedy HENDRICKSON RYAN 931 W JACKSNIPE DR MERIDIAN, ID 83642-0000 Property Address: Kennedy HERMAN-TREASURE VALLEY BUSINESS PA 402 KILARNEy PASS MUNDELEIN, IL 60060-0000 Property Address: Kennedy HINTZE JEFF D 1085 W JACKSNIPE DR HINTZE AMY E MERIDIAN, ID 83642-0000 Property Address: Kennedy HUNEMILLER RUSSELL 3299 DAVIS DR MERIDIAN, ID 83642-0000 Property Address: Kennedy JENKINS BRADY D JENKINS REBEKAH R 1047 W JACKSNIPE DR MERIDIAN, ID 83642-0000 Property Address: Kennedy JONES DELBERT R JONES SYLVIA C 999 W JACKSNIPE DR MERIDIAN, ID 83642-0000 Property Address: Kennedy KING DEXTER G 1195 W OVERLAND RD MERIDIAN, ID 83642-6513 Property Address: Kennedy LANDING NO 11 HOA P.O. BOX 1246 MERIDIAN, ID 83680-1246 Property Address: Kennedy 2 Owners Owner Address MADOLE FAMILY RESIDUAL TRUST 1 SOMMERVILLE PL MADOLE MADALENE TRUSTEE LADERA RANCH, CA 92694-0000 Property Address: Kennedy MARCUM DIRK 14364 HWY 21 MARCUM LESLIE BOISE, ID 83716-0000 Property Address: Kennedy MARQUEZ LARRY G 1069 W JACKSNIPE DR MARQUEZ JESSICA K MERIDIAN, ID 83642-0000 Property Address: Kennedy MATHEW CHRIS 953 W JACKSNIPE DR CALDERON NORMA MERIDIAN, ID 83642-0000 Property Address: Kennedy MATT SAM INC PO BOX 1118 MERIDIAN, ID 83680-0000 Property Address: Kennedy MAY CONNIE MARIE 1025 W JACKSNIPE DR MAY STACEY A MERIDIAN, ID 83642-0000 Property Address: Kennedy MCCABE RYAN T 1136 S MUSCOVY AVE MERIDIAN, ID 83642-0000 Property Address: Kennedy MOUNTAIN VIEW EQUIPMENT CO PO BOX 690 MERIDIAN, ID 83680-0690 Property Address: Kennedy MOUNTAIN VIEW EQUIPMENT CO PO BOX 690 MERIDIAN, ID 83680-0690 Property Address: Kennedy MOUNTAIN VIEW EQUIPMENT CO PO BOX 690 MERIDIAN, ID 83680-0690 Property Address: Kennedy F Owners Owner Address NELSON STACY 4413 S VARIAN AVE NELSON SHAUNA BOISE, ID 83709-0000 Property Address: Kennedy OROZCO MICHAEL RANDY 893 W JACKSNIPE DR MERIDIAN, ID 83642-0000 Property Address: Kennedy PFOST THOMAS L 1205 W OVERLAND RD PFOST JOANN Q MERIDIAN, ID 83642-6513 Property Address: Kennedy PRATHER JAMES A PO BOX 1087 PRATHER PAMELA S MERIDIAN, ID 83680-1087 Property Address: Kennedy PRATHER JAMES A PO BOX 1087 PRATHER PAMELA S MERIDIAN, ID 83680-1087 Property Address: Kennedy PRATHER JAMES A 707 E UNITED HERITAGE CT STE 150 PRATHER PAMELA S MERIDIAN, ID 83642-0000 Property Address: Kennedy SAM KEVIN P 1101 W JACKSNIPE DR MERIDIAN, ID 83642-0000 Property Address: Kennedy SANDOVAL WALTER 1150 S MUSCOVY AVE RAMIREZ-SANDOVAL MIREYA MERIDIAN, ID 83642-0000 Property Address: Kennedy VENGA VENTURES LLC PO BOX 2830 KETCHUM, ID 83340-0000 Property Address: Kennedy VENGA VENTURES LLC PO BOX 2830 KETCHUM, ID 83340-0000 Property Address: Kennedy 4 Owners WILBURNSTEVEN WILBURN MELISSA Property Address: Owner Address 847 W JACKSNIPE DR MERIDIAN, ID 83642-0000 Kennedy m