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HomeMy WebLinkAboutCity Clerk ChecklistV CITY OF MERIDIAN P1,77JNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: TO: Anna Canning, Planning Director FROM: Jenny Veatch, Assistant City Planner DATE: November 30, 2006 .X am NOV 3 0 2006 SUBJECT: Halker Short Plat City city ClCl Meridian erk office Request for Short Plat Approval of Halker Short Plat Consisting of 2 Commercial Building Lots on 2.61 Acres in a C-G Zone by Hawkins Companies (File# SHP-06-010) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Hawkins Companies, has applied for short plat approval of 2 commercial building lots on 2.61 acres in a C-G zone for Halker Subdivision. Halker Subdivision is located on the west side of N. Ten Mile Road and north of W. Cherry Lane at 3150 W. Cherry Lane, in the southwest '/4 of the southwest '/a of Section 2, T.3N., R. l W. The subject property meets all of the applicability requirements as stated in UDC 11-6B-5A and is eligible to be processed as a short plat. Staff recommends approval of Halker Short Plat with the comments and conditions stated in this report. REQUIRED FINDINGS FROM UDC 11-6B-6 In consideration of a short plat, the decision -making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; The Comprehensive Plan designates the future land use of this property as C-G (General Retail and Service Commercial). The current zoning district of the proposed subdivision is C-G (General Retail and Service Commercial). The proposed subdivision plat complies with the Comprehensive Plan. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. Water and sewer services are proposed to be extended into each lot from adjacent streets. Fire, police, solid waste and irrigation services are all adequate. The adjacent public roadways have been completed to the required design and approach standards. SHP-06-010 Halker SHP.doc PAGE 1 CITY OF MERIDIAN PLV NING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. All sewer and water extension for this area were planned to be developer driven. All required utilities are either in place or will be the responsibility of the developer. D. There is public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owners will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future residents will be fire and police services. E. The development will not be detrimental to the public health, safety or general welfare; and Staff recognizes the fact that traffic and noise may increase with the approval of this subdivision; however, staff does not believe that any additional amount generated will be detrimental to the general welfare of the public in the surrounding area. Staff finds that the development of this site will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. Staff is not aware of any significant natural, scenic or historic features associated with the development of this site that the Director and City Engineer should be aware of. PLANNING & PUBLIC WORKS DEPARTMENT - SITE SPECIFIC CONDITIONS Water and sewer services to both lots were approved and are being installed with the Walgreen's building on this site. 2. For all private roadways, driveways, and as each lot develops a drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off -site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. Revise the face of the plat to read, "Short Plat Showing". 4. Temporary construction fencing to contain debris shall be installed around the perimeter of the subdivision or on the individual lot being built upon. 5. The landscape plan, prepared by BRS Architects and dated October 11, 2006, shall be revised as follows: a. Add one tree for each landscape planter in Lot 2, Block 1. b. Verify the number of trees to be mitigated with City of Meridian arborist Elroy Huff and note consistently in Landscape Planting Notes and Requirements. SHP-06-010 Halker SHP.doc PAGE 2 CITY OF MERIDIAN PLA4NING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Underground year-round pressurized irrigation must be provided to all lots within this development. The application has proposed City of Meridian potable water as the main source. Per MCC 9-1-28 use of non -potable irrigation water is required when determined to be available by the Public Works Department. Prior to signature on the plat the applicant shall be required to submit proof that this property has no irrigation rights, and if that is the case then they shall be allowed to use City Water as the main source, providing they pay well development fees as outlined in the UDC. If surface water is deemed to be available the applicant shall install a pressurized irrigation system to service all lots within this subdivision. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-313-6-D). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. Graphically depict on the plat the 25-foot wide landscape easements for the buffers along N. Ten Mile and W. Cherry Lane. Submit documentation that the Ada County Surveyor has approved the name for this plat. 10. Graphically depict the "Real Point of Beginning" on the face of the plat. 11. Revise or add the following notes on the face of the plat: *.) Individual lot owners are responsible for maintenance of any irrigation/drainage or ditch crossing their lot unless such maintenance is assumed by an irrigation/drainage district or association. *.) Bottom elevation of structural footings shall be set a minimum of 12-inches above the highest established normal ground water elevation. 12. Complete the Certificate of Owners. 13. Comply with all conditions of the Ada County Highway District as they relate to this short plat. 14. Staff s failure to cite specific ordinance provisions of the Unified Development Code does not relieve the applicant of responsibility for compliance. GENERAL CONDITIONS All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4- 13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the Meridian City Engineer prior to construction plan approval. 2. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, etc., prior to signature on the final plat. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. SHP-06-010 Halker SHP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPAR-1 MENTS STAFF REPORT 4. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 5. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non -domestic purposes such as landscape irrigation. 6. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 7. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 8. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 9. Plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. POLICE DEPARTMENT COMMENTS None. FIRE DEPARTMENT COMMENTS 1. None. STAFF RECOMMENDATION Staff recommends approval of the short plat for Halker Sliort Plat (SHP-06-010) with the above stated comments and conditions. 1*11441111.31ley 1. Submitted Short Plat (dated January 27, 2005) 2. Landscape Plan (dated October 11, 2006) SHP-06-010 Halker SHP.doc PAGE 4 CITY OF MERIDIAN PLA NING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Submitted Short Plat c 0 --- C --- �: � N E.15EIFJ N 007907_E-_�__�L__—BB'LOL M.CO,L y 3 es.zr f z I j NFN s omo'o7' ww 21,76 SUNBURST SUBOINSION 2.W N N Sip/ s Im s M �(nZ (/I La C-) O o� z Z Ivlr,� D N m D D 00'19'07' 50.00' (AO > i N OnZ��= 7 Z MO- i h 0 00 u N Z. 0 z 0 r~r^^1 2 O- g ti qj( L_i - - N-W9' 1 16 E T; Iw � . •, n. O+S 0074'07� W 286.ee� � a A Exhibit 1 CITY OF MERIDIAN PLkNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Landscape Plan t e gi �j ¢�� MG4�PTiYTEN.If/LERGWO m ilia- I 2 . _ 9' -433 Cm a��� II;.��� 9VJ. r I F:� �•j.. 1 8 ' L ag �l a aF jl'Ft:'2pI@aril±�ili� !fit t i � J �Ql� fill1,1 fr (f 11 1e it 2 s (e 1- e 4 2 vu 1 ( ! 1� ie!�A s �I � •�� t .' p �r� i i t � • i � � 2e �F•� �ie� lid � � � � � €" R� Exhibit 2 CITY OF MERIDIAN PLkNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: TO: Anna Canning, Planning Director FROM: Jenny Veatch, Assistant City Planner DATE: November 30, 2006 SUBJECT: Halker Short Plat 4. ;f I?,'tic, Request for Short Plat Approval of Halker Short Plat Consisting of 2 Commercial Building Lots on 2.61 Acres in a C-G Zone by Hawkins Companies (File# SHP-06-010) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Hawkins Companies, has applied for short plat approval of 2 commercial building lots on 2.61 acres in a C-G zone for Halker Subdivision. Halker Subdivision is located on the west side of N. Ten Mile Road and north of W. Cherry Lane at 3150 W. Cherry Lane, in the southwest '/4 of the southwest '/4 of Section 2, T.3N., R. l W. The subject property meets all of the applicability requirements as stated in UDC 11-613-5A and is eligible to be processed as a short plat. Staff recommends approval of Halker Short Plat with the comments and conditions stated in this report. REQUIRED FINDINGS FROM UDC 11-611-6 In consideration of a short plat, the decision -making body shall make the following findings: A. B. The plat is in conformance with the Comprehensive Plan; The Comprehensive Plan designates the future land use of this property as C-G (General Retail and Service Commercial). The current zoning district of the proposed subdivision is C-G (General Retail and Service Commercial). The proposed subdivision plat complies with the Comprehensive Plan. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. Water and sewer services are proposed to be extended into each lot from adjacent streets. Fire, police, solid waste and irrigation services are all adequate. The adjacent public roadways have been completed to the required design and approach standards. SHP-06-010 Halker SHP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPAReMENTS STAFF REPORT C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. All sewer and water extension for this area were planned to be developer driven. All required utilities are either in place or will be the responsibility of the developer. D. There is public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owners will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future residents will be fire and police services. E. The development will not be detrimental to the public health, safety or general welfare; and Staff recognizes the fact that traffic and noise may increase with the approval of this subdivision; however, staff does not believe that any additional amount generated will be detrimental to the general welfare of the public in the surrounding area. Staff Ends that the development of this site will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. Staff is not aware of any significant natural, scenic or historic features associated with the development of this site that the Director and City Engineer should be aware of. PLANNING & PUBLIC WORKS DEPARTMENT - SITE SPECIFIC CONDITIONS Water and sewer services to both lots were approved and are being installed with the Walgreen's building on this site. For all private roadways, driveways, and as each lot develops a drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off -site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. Revise the face of the plat to read, "Short Plat Showing". 4. Temporary construction fencing to contain debris shall be installed around the perimeter of the subdivision or on the individual lot being built upon. The landscape plan, prepared by BRS Architects and dated October 11, 2006, shall be revised as follows: a. Add one tree for each landscape planter in Lot 2, Block 1. b. Verify the number of trees to be mitigated with City of Meridian arborist Elroy Huff and note consistently in Landscape Planting Notes and Requirements. SHP-06-010 Halker SHP.doc PAGE 2 CITY OF MERIDIAN PL*NING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 6. Underground year-round pressurized irrigation must be provided to all lots within this development. The application has proposed City of Meridian potable water as the main source. Per MCC 9-1-28 use of non -potable irrigation water is required when determined to be available by the Public Works Department. Prior to signature on the plat the applicant shall be required to submit proof that this property has no irrigation rights, and if that is the case then they shall be allowed to use City Water as the main source, providing they pay well development fees as outlined in the UDC. If surface water is deemed to be available the applicant shall install a pressurized irrigation system to service all lots within this subdivision. 7. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-313-6-D). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. Graphically depict on the plat the 25-foot wide landscape easements for the buffers along N. Ten Mile and W. Cherry Lane. Submit documentation that the Ada County Surveyor has approved the name for this plat. 10. Graphically depict the "Real Point of Beginning" on the face of the plat. 11. Revise or add the following notes on the face of the plat: *.) Individual lot owners are responsible for maintenance of any irrigation/drainage or ditch crossing their lot unless such maintenance is assumed by an irrigation/drainage district or association. *.) Bottom elevation of structural footings shall be set a minimum of 12-inches above the highest established normal ground water elevation. 12. Complete the Certificate of Owners. 13. Comply with all conditions of the Ada County Highway District as they relate to this short plat. 14. Staff s failure to cite specific ordinance provisions of the Unified Development Code does not relieve the applicant of responsibility for compliance. GENERAL CONDITIONS All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4- 13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the Meridian City Engineer prior to construction plan approval. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, etc., prior to signature on the final plat. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. SHP-06-010 Halker SHP.doc PAGE 3 CITY OF MERIDIAN P&4NING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 4. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 5. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 94-8. Wells may be used for non -domestic purposes such as landscape irrigation. 6. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 7. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 8. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 9. Plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. POLICE DEPARTMENT COMMENTS 1. None. FIRE DEPARTMENT COMMENTS 1. None. STAFF RECOMMENDATION Staff recommends approval of the short plat for Halker Short Plat (SHP-06-010) with the above stated comments and conditions. EXHIBITS Submitted Short Plat (dated January 27, 2005) 2. Landscape Plan (dated October 11, 2006) SHP-06-010 Halker SHP.doc PAGE 4 CITY OF MERIDIAN PLANING AND PUBLIC WORKS DEPAR"rMENTS STAFF REPORT Submitted Short Plat XU140 N Ffu ------------------ ie� Sc S7 0019'-077--W -i*6ili SUNBURST SUBDAS 0 0 1 ------ ----- n. ------ S 0019'07* W --- ---- 26i-. > O Exhibit 1 CITY OF MERIDIAN PLkNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Landscape Plan p19 k� pi'. �� I pig, 'f a F and ;fi•� f ��g3f4 4 r.. , 1 €i Er j t�# o o Iqrsr I pa + i f i ( 4 I} Elf Jii � ` Ad Z P �'g €1 r j ; '€ Et{ i g i 3jgi Exhibit 2 "%./ Hearing Date: December 5, 2006 File No.: SHP-06-010 DEC 0 1 2006 Project Name: Halker Subdivision City Of Meridian City Clerk Office Request: Short Plat to create 2 commercial building lots on 2.61 acres in a C-G zone by Hawkins Companies. Location: 3150 W. Cherry Lane, on the west side of N. Ten Mile Road and north of W. Cherry Lane, in the southwest %4 of the southwest'/4 of Section 2, T.3N., RAW. �LJ u � IC1.•\t�lCl � Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Alternative Compliance ❑ Certificate of Zoning Compliance ❑ Conditional Use Permit Minor Modification ❑ Design Review ❑ Private Street ❑ Property Boundary Adjustment St Short Plat ❑ Temporary Use Certificate of Zoning Compliance ❑ Time Extension (Director) ❑ Vacation ❑ Other Applicant Information Planning Department ADMINISTRATIVE REVIEW APPLICATION STAFF USE ONLY: File number(s): S iV - d (o ` 0 f Project name: ���Ke( Date filed: I D ZO -06 Date complete: Assigned Planner: Related files: Applicant name: BGwV{rNS ow+�ov+�cs� Phone: 3?1., •$S2Z Applicant address: e>(o4 5 V4 26ovw Zip: 83"�09 Applicant's interest in property: Own ❑ Rent ❑ Optioned ❑ Other Owner name: Ca 91+ 'F,=*, Me_ L_Lr_ crk" s L 4hone: 3%(0 •�522. Owner address: E�(0 45 W . t'v^.A,\V.A %,, �Lo ovl Zip: Fj3-+C_-F{ Agent name (e.g., architect, engineer, developer, representative): AqU_ Firm name: j\ tr •s L'o�.v��,an�S Phone: 94-1-LA-uS Address: VQ. 'F�ra�.�%��v� Zip:�33�r09 Primary contact is: PeApplicant ❑ Owner_,1itAgent ❑ Other Contact name: �—� Ic-�- a. q \.Rv- Phone: q 4-1 • 471 l Sb E-mail: �oai A&i , A. ; zN tl G,o LLL LoY-,% Fax: 3-lfc - g523 Subject Property Information Location/street address: 3\ c!�Pp C N,.\ Assessor's parcel number(s): 334 Township, range, section: 3 1 W Z Total acreage: 2- G Current land use: Current zoning district: G 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 9121106) Project Description Project/subdivision name: A;%XI c Svc b dt x V 1 S \O r� General description of proposed project/request: Proposed zoning district(s): GtiY�CX4.1 cC)nnLyv Acres of each zone proposed: Type of use proposed (check all that apply): ❑ Residential IKCommercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? V? o W VOM..- Which irrigation district does this property lie within? br-4\ew's Primary irrigation source: CAk-LA Secondary: N A. Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 3S t 1 b 1 Residential Project Summary (if applicable) Number of residential units: Number of common and/or other lots: Number of building lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): _ Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: 2 or more Bedrooms: Proposed building height: _ Average property size (s.f): Net density (DU/acre-excluding roads & alleys): Acreage of 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) Number of building lots: D— Other lots: Gross floor area proposed: Hours of operation (days and hours): Percentage of site/project devoted to the following: Existing (if applicable): Building height: Landscaping: Building: Paving: Total number of employees: 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: Authorization Print applicant name:vcA, Applicant signature: Date: ly. Iq - ato 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www,meridiancity.org 2 City of Meridian Development Review Agency Comments Meeting Planner: O �" v �, Date: I ( Date of List: Project Name: ��^ Fire Representative: 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 18 1920 21 22 23 24 25 26 27 28 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 4 50 Notes: A n � _, Police Representative: 1 12 13 14 15 16 1 7 1 8 19 1 10 111112 1 13 1 14 1 15 116 17 18 19 Notes: Sanitary Services Representative: 1 1 2 13 4 15 16 J 7 1 8 19 1 10 11112 13 14 15 16 17 18 19 Notes: Parks Representative: 1 12 13 14 15 1 6 7 Notes: Public Works Representative: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 123 124 J 25 126 Notes: Other Notes: ' HAWKIN5" COMPANIES COMM ERCIAL D EVELOPERS October 16, 2006 Mr. C. Caleb Hood Acting Planning Manager City of Meridian - Planning & Zoning Department 660 East Watertower Lane, Ste. 202 Meridian, ID 83642 Re: Short Plat Application Walgreens (RZ-05-008 & CUP-05-029) NEC Ten Mile & Cherry Lane Meridian, Idaho Dear Mr. Hood: Hawkins Companies is pleased to submit the above referenced application. Hawkins Companies is requesting to subdivide the existing parcel from one to two lots. To the best of our knowledge the enclosed application materials conform to all requirements and provisions of the UDC. The appropriate documents have been prepared by licensed professionals and conform to acceptable engineering, architectural and surveying practices. If you have any questions regarding this application and materials, please do not hesitate to call me at 208-947-4718. Sincerely, Hawkins Companies Jessica Aguilar Pre Development Project Manager Im APN: 5-1202-33-6334 Warranty Deed File No.: NCS-138264=1210I (rmr) continued Date: 07/ 19/ 2006 EXHIBIT A A.PORTION OF THE SW1/4SW1/4 OF. SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SW1/4SW1/4; THENCE NORTH 0019'07" EAST ALONG. THE WESTERLY BOUNDARY OF SAID SW1/4SW1/4 A DISTANCE OF 345.50 FEET; . THENCE SOUTH 88038'31" EAST PARALLEL WITH THE SOUTHERLY BOUNDARY SAID SWi/4SW1/4 A DISTANCE OF 417.50 FEET; THENCE SOUTH 0019'07" WEST PARALLEL WITH THE SAID WESTERLY BOUNDARY A DISTANCE OF 345.50. FEET TO A POINT ON SAID SOUTHERLY BOUNDARY, THENCE NORTH 88038'31" WEST.A DISTANCE OF 417.50 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPTING A PARCEL OF LAND LYING 'IN THE SW 1/4 Of THE SW 1/4 OF SECTION 2, T. 3N., R. 1W., B.M., ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBEDAS FOLLOWS: BEGINNING AT THE BRASS CAP MARKING THE SECTION CORNER COMMON TO SECTIONS 3, _.10, it AND THE SAID SECTION 2; THENCE NORTH 0019'07" EAST 345.50 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID SW 1/4 OF SECTION 2, WHICH IS ALSO THE, CENTERLINE OF TEN MILE ROAD, TO AN IRON PIN; THENCE SOUTH 88038'31" EAST 317.5.0 FEET ALONG A LINE NORTHERLY OF AND PARALLEL WITH THE SOUTHERLY BOUNDARY OF THE SAID SW 1/4 OF SECTION 2 TO AN IRON PIN, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING SOUTH 88038'31" EAST 100.00 FEET ALONG A LINE NORTHERLY:OF AND PARALLEL WITH THE SAID SOUTHERLY BOUNDARY OF THE SW 1/4 Of SECTION 2 TO A POINT; THENCE SOUTH 0019'07" WEST 50.00 FEET ALONG A LINE EASTERLY OF AND PARALLEL -WITH THE SAID WESTERLY BOUNDARY OF THE SW 1/4 OF SECTION 2 TO A POINT; THENCE NORTH 88038'31" WEST 100.00 FEET ALONG A LINE NORTHERLY OF AND PARALLEL WITH THE SAID SOUTHERLY BOUNDARY OF THE SW 1/4 OF SECTION 2 TO AN IRON PIN; THENCE NORTH 0019'07" EAST 50.00 FEET ALONG A -LINE EASTERLY OF AND PARALLEL WITH THE SAID WESTERLY BOUNDARY OF THE SW 1/4 OF SECTION 2 TO THE POINT OF BEGINNING. ALSO LESS AND EXCEPTING THAT PORTION DEEDED TO ADA COUNTY HIGHWAY DISTRICT IN WARRANTY DEED RECORDED 6-15-94 AS INSTRUMENT NO. #94056393.. APN:S-1202-33-6334 Page 3 of 3 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 9.00 i BOISE IDAHO 09/1?J06 04:13 PM ++ II 1I3 DEPUTY NeRva Haney - RECORDED —REQUEST OF First American 106146609 AFTER RECORDING MAIL TO: GRH Ten Mile LLC 8645 W. Franklin Road Boise, ID 83709 I WARRANTY DEED I File No.: NCS-138264-BOI (rmr) Date: July 19, 2006 For Value Received, Idaho Conference .of Seventh-Day Adventists, Inc. an Idaho non-profit corporation, who acquired title as Southern Idaho Corporation of Seventh Day Adventist, an Idaho Corporation, hereinafter referred to as Grantor, does hereby grant, bargain,, sell and convey unto GRH Ten Mile LLC, an Idaho limited liability company, as to an undivided 85% interest and Halker Properties LLC, an Idaho limited liability company, as to an undivided 15% interest; hereinafter referred to as Grantee, whose current address is 8645 W. Franklin Road, Boise, ID 83709, the following described premises, situated in Ada County, Idaho, to wit: Legal Description attached hereto as Exhibit A, and by this referenced incorporated herein. TO HAVE AND TO HOLD the said premises, with their appurtenances, unto said Grantee, and to the Grantee's heirs and assigns forever. And. the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all. encumbrances except current years taxes, levies, and assessments, and except U.S: Patent reservations, restrictions, easements of record and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever:_ I� Page I of 3 i APN: S-1202-33-6334: Warranty Deed File No.: fVCS-138264-BOI (rmr) continued Date: 07/19/2006 i Idaho Conference of Seventh -day Adventist, Inc., an Idaho non-profit corporation,. who acquired title as Southern Idaho Corporation of Seventh day Adventist, an Idaho corporation l By: Donald A. Klinger, Secrets STATE OF Idaho . ) ss. COUNTY OF _ ) On this Izh` day of July, 2006, before me, a Notary Public in and for said State, personally appeared Donald A. Klinger, known or identified to me to be the. Secretary of the corporation that executed the within instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation 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. �`�i�,, �\,O LINE �i,, Notary Public dr the State of Idaho �� _; '•. � Residing at: ID *aTA)? : N My Commission Expires: &12jrj�alb 'PUB L,G ; O p F n�ullu�u��w Page 2 of 3 APN: S-1202-33-6334 Warranty Deed File No.: NCS-138264-BOI (rmr) continued Date: 07/ 19/ 2006 EXHIBIT A A PORTION OF THE SW1/4SW1/4 OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHWEST CORNER OF SAID SW1/4SW1/4; THENCE NORTH 0019'07" EAST ALONG THE WESTERLY BOUNDARY OF SAID SW1/4SW1/4 A DISTANCE OF 345.50 FEET, THENCE SOUTH 88038'31" EAST PARALLEL WITH THE SOUTHERLY BOUNDARY SAID SW1/4SW1/4 A DISTANCE OF 417.50 FEET; THENCE SOUTH 0°19'07" WEST PARALLEL WITH THE SAID WESTERLY BOUNDARY A DISTANCE OF 345.50 FEET TO A POINT ON SAID SOUTHERLY BOUNDARY; THENCE NORTH 88038'31" WEST A DISTANCE OF 417.50 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPTING A PARCEL OF LAND LYING IN THE SW 1/4 OF THE SW 1/4 OF SECTION 2, T. 3N., R. 1W., B.M., ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE BRASS CAP MARKING THE SECTION CORNER COMMON TO SECTIONS 3, 10, it AND THE SAID SECTION 2; THENCE NORTH 0019'07" EAST 345.50 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID SW 1/4 OF SECTION 2, WHICH IS ALSO THE CENTERLINE OF TEN MILE ROAD, TO AN IRON PIN; THENCE SOUTH 88038'31" EAST 317.50 FEET ALONG A LINE NORTHERLY OF AND PARALLEL WITH THE SOUTHERLY BOUNDARY OF THE SAID SW 1/4 OF SECTION 2 TO AN IRON PIN, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING SOUTH 88038'31" EAST 100.00 FEET ALONG A LINE NORTHERLY OF AND PARALLEL WITH THE SAID SOUTHERLY BOUNDARY OF THE SW 1/4 OF SECTION 2 TO A POINT; THENCE SOUTH 0019'07" WEST 50.00 FEET ALONG A LINE EASTERLY OF AND PARALLEL WITH THE SAID WESTERLY BOUNDARY OF THE SW 1/4 OF SECTION 2 TO A POINT; THENCE NORTH 88038'31" WEST 100.00 FEET ALONG A LINE NORTHERLY OF AND PARALLEL WITH THE SAID SOUTHERLY BOUNDARY OF THE SW 1/4 OF SECTION 2 TO AN IRON PIN; THENCE NORTH 0019'07" EAST 50.00 FEET ALONG A LINE EASTERLY OF AND PARALLEL WITH THE SAID WESTERLY BOUNDARY OF THE SW' 1/4 OF SECTION 2 TO THE POINT OF BEGINNING. ALSO LESS AND EXCEPTING THAT PORTION DEEDED TO ADA COUNTY HIGHWAY DISTRICT IN WARRANTY DEED RECORDED 6-15-94 AS INSTRUMENT NO. #94056393. APN: S-1202-33-6334 Page 3 of 3 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA I, Tracy V. Vance, located at 8645 W. Franklin Road, Boise, Idaho 83709, being first duly sworn upon oath, depose and say: That GRH Ten Mile LLC, an Idaho limited liability company, and Halker Properties LLC, an Idaho limited liability company, as tenants in common ("Owners"), are the record owner of the property described on the attached, and the Owner grants its permission to: Hawkins Companies LLC an Idaho limited liability company, 8645 W. Franklin Road, Boise ID 83709 to submit the accompanying application pertaining to that property. 2. The undersigned is an authorized agent of the Owners, and has the authority to execute this affidavit on behalf of the Owners. 3. The Owners 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. Dated this day of October, 2005. GRH Ten Mile LLC, an Idaho limited liability company Tracy V. Vance, Authorized Agent Halk r Properties LLC, an Idaho ' ited liability company v acy V. Vance, Authorized Agent SUBSW&0Fma,;,ND SWORN to before me the day and year first above written. J. i �Ry i • » Y G = Notary P b is for Idaho " •�• p U Bye fo Residing at &.e-- L C) 4 re oP My Commission Expires: (o 'Z.p I PA69200 Ten Mile & Cherry Lane - Meridian, ID\06500 Miscellaneous Planning\Affidavit of Legal Interest.doc ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 12/15/05 P" "5 PM yU DEPUTY Vicki Allen �II I�II'IIBII'�'III�III�����I�I�I� �II RECORDED —REQUEST OF Meridian City 105191330 This sheet has been added to document to accommodate recording information. PA �a3 I�ePr CTS^ 9-11+--Oto ,4,yye,,d VVIe n 4 kCo "as af (Yo to ��+c �Ou-�Lr r 8'�6 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Idaho Conference of Seventh-Day Adventists, Inc., Owner 3. Hawkins Companies, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day off/ofi2sn-, 2005, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', and Idaho Conference of Seventh-Day Adventists, Inc., an Idaho nonprofit, religious corporation, hereinafter called "OWNER" and Hawkins Companies, hereinafter called "DEVELOPER". 1 • RECITALS: 1.1 WHEREAS, "OWNER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owners" and/or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the re -zoning of land; and 1.4 WHEREAS, "Owners" and/or "Developer" has submitted an application for re -zoning of the "Property's" described in Exhibit A, and has requested a designation of (C-G) General Retail District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner" and/or "Developer" 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" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested re -zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 1 OF 11 include responses of government subdivisions providing services within the City of Meridian planning j urisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 9d' day of August, 2005, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner" and/or "Developer" to enter into a development agreement before the City Council takes final action on re -zoning designation; and 1.9 "OWNER" and/or "DEVELOPER" deem it to be in their best interest to be able to enter into this Agreement and acknowledge that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, "City" requires the "Owner" and/or "Developer" 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 re -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 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2• INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. J. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 2 OF 11 3.1 "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. 3.2 "OWNER": means and refers to Idaho Conference of Seventh-Day Adventists, Inc., an Idaho nonprofit, religious corporation, , whose address is 7777 Fairview Avenue, Boise, ID 83704, the party who owns the said "Property" and shall include any subsequent owner(s) of the "Property". 3.3 "DEVELOPER": means and refers to Hawkins Companies, whose address is 8645 West Franklin Road, Boise, ID 83709, the party developing said "Property" and shall include any subsequent developer(s) of the "Property". 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C-G (General Retail and Service Commercial District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (K) which are herein specified as follows: Construction and development of either a conditional use permit or a planned development application shall be submitted to the City of Meridian prior to a future development in the C-G Zone, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this RZ 05-008 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 3 OF 11 5.1 "Owner" and/or "Developer" shall develop the "Properly" in accordance with the following special conditions: 1. That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). 2. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 3. That all future uses on the Property shall be required to obtain a .Conditional Use Permit prior to construction/operation, provided, however, that the Findings attached hereto as Exhibit B find that the requested C-G zoning designation and subsequent retail use with a drive - through is consistent with the definition of the C-G zone. 4. That the hours of operation on this property shall be limited to 6 a.m. to 11 p.m., unless otherwise modified through a future Conditional Use Permit. 5. That vehicular access to this site shall be restricted to those approved by ACHD and the City, in accordance with the Findings. 6• COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" and/or "Developer" or "Owner" and/or "Developers" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this Agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO REVERSAL OF ZONING DESIGNATION: "Owner" and/or "Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and/or "Developer" and if the "Owner" and/or "Developer" fails to cure such failure within six (6) months of such notice. DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 4 OF i l S. INSPECTION: "Owner" and/or "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" Pro e by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9• DEFAULT: 9.1 In the event "Owner" and/or "Developer", "Owner" and/or "Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Properly", 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. 9.2 A waiver by "City" of any default by "Owner" and/or "Developer" 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. 10. REQUIREMENT FOR RECORDATION: `City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner's" and/or "Developer's" cost, and submit proof of such recording to "Owner" and/or "Developer", 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 re -zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance re -zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner" and/or "Developer", 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. DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 5 OF 11 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" and/or "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching parry'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 curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and/or "Developer" or "City" is delayed for causes which are beyond the reasonable control of the parry responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner" and/or "Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Owner" and/or "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" and/or "Developer" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Owner" and/or "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to reversal of zoning if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. 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 DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 6 OF 11 deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: 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 OWNER: DEVELOPER: Hawkins Companies 8645 West Franklin Road Boise, ID 83709 Idaho Conference of Seventh-Day Adventists, Inc. 7777 Fairview Avenue Boise, ID 83704 Attn: Donald Klinger with copy to: Skinner Fawcett P.O. Box 700 Boise, ID 83701 Attn: Henry Rudolph 16.1 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. 17. ATTORNEY FEES: Should any litigation 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 court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 7 OF 11 separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. 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. 19. 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 their successors in office. This Agreement shall be binding on the "Owner" and/or "Developer" of the "Property", 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" and/or "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" and/or "Developer" has fully performed its obligations under this Agreement. 20. 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. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and/or "Developer" 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/or "Developer" 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 and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 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 DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 8 OF 11 designation and/or amendment in force at the time of the proposed amendment. 22. 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 re- zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Attest: CITY CLERK DEVELOPMENT AGREEMENT (RZ DEVELOPER: S CO ANTES OWNER: IDAHO CONFERENCE OF SEVENTH -DAY f ADVENTISTS, INC., Owner CITY OF MERIDIAN WEERD NCO o PAG91O V 11 STATE OF IDAHO, ) ss: County of Ada, ) On this -OLI, day of , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared on behalf of Hawkins Companies, known or identifie to me toQ the &" of said company, who executed the instrument on behalf of said company, and ac wledged to me that he 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. ••`ee,•`�xY J' ,,�' (SEAL) r �oTARr � �°UBL1G N!"re O F I9 Pe.•`•, STATE OF IDAHO • ss: County of Ada, ) Notary Public f Id o Residing at: ((� My Commission Expires: (, .I :aZ On this�e day of O _, 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared 6W A - Ki i nG ex - on behalf of Idaho Conference of Seventh-Day Adventists, Inc., known or identified to me to be the 6+ 04 of said corporation, who executed the instrument on behalf of said corporation, and acknowledged to me that he 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. I N E V® TAg y•�' (SEAL) ' v: •:� i �'• • O ����/oiF•_ O F • Ip Notary Publ for 12d6lho�•c� Residing at: My Commission Expires: �4, 01 C) DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 10 OF 11 STATE OF IDAHO ) ss County of Ada ) On this__,+_�_ day of_ NUIVU" , 2005, before me, allotary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. _Goan& (SEAL) i _S11 Notary Public for Idaho Residing at: Commission expires: DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 11 OF 11 ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. GRH Ten Mile LLC, Owner/Developer 3. Halker Properties LLC, Owner/Developer The following is an addendum to that certain DEVELOPMENT AGREEMENT, entered into on the 6 h day of December, 2005. This addendum is made and entered into this day of , 2006, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called CITY, and GRH Ten Mile LLC, whose address is 8645 W. Franklin Road, Boise, Idaho 83709, hereinafter called OWNER/DEVELOPER, and Halker Properties LLC, whose address is 8645 West Franklin Road, Boise, Idaho 83709, hereinafter called OWNER/DEVELOPER. OWNERS/DEVELOPERS agree to be bound by the terms of the original Development Agreement (instrument # 105191338), approved on December 6, 2005 on the land described in Exhibit "A", except as specifically regarding the following items: The parties hereto agree that the development of the property described in Exhibit "A" shall be in accordance with the terms of the above described Development Agreement, exhibit `B", or those City ordinances in effect at that time any subsequent conditional use application is filed, whichever are more restrictive. 2. That the original Development Agreement, Instrument # 105191338, approved on December 6, 2005, be amended by modifying the following: • That the existing wood fence along the east property line be replaced with an eight -foot tall CMU wall and that a four -foot tall CMU wall along the north landscape planter be constructed. 3. That Owners/Developers agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation of the Owners/Developers, or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 4. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This second addendum shall be binding on the Owners/Developers of the Property, each subsequent owner and any other person(s) 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 hereon and any successor owner or ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-002 WALGREEN'S PHARMACY) PAGE 1 OF 5 owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owners/Developers, to execute appropriate and recordable evidence of termination of this addendum if City, in its sole and reasonable discretion, had determined that Owners/Developers have fully performed their obligations under this Addendum. 5. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 6. This addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within 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. 7. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-002 WALGREEN'S PHARMACY) PAGE 2 OF 5 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER GRH Ten Mile LLC M. OWNER/DEVELOPER Halker Properties LLC LE CITY OF MERIDIAN Un Attest: William G. Berg, Jr., City Clerk Mayor Tammy de Weerd ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-002 WALGREEN'S PHARMACY) PAGE 3 OF 5 STATE OF IDAHO, ) ss: County of Ada, ) On this day of , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared on behalf of GRH Ten Mile, LLC, known or identified to me to be the of said company, who executed the instrument on behalf of said company, and acknowledged to me that he 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) STATE OF IDAHO, ) ss: County of Ada, ) Notary Public for Idaho Residing at: My Commission Expires: On this day of , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared on behalf of Halker Properties, LLC, known or identified to me to be the of said company, who executed the instrument on behalf of said corporation, and acknowledged to me that he 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: ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-002 WALGREEN'S PHARMACY) PAGE 4 OF 5 STATE OF IDAHO ) ss County of Ada ) On this day of , 2006, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person 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. (SEAL) Notary Public for Idaho Residing at: Commission expires: _ ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-002 WALGREEN'S PHARMACY) PAGE 5 OF 5 Page 1 of 1 Gregory Carter From: John Priester Dohnp@adaweb.net] Sent: Friday, January 27, 2006 7:50 AM To: Gregory Carter Subject: RE: Subdivision Name Reservation January 27, 2006 Gregory Carter, PLS Idaho Survey Group, P.C. 701 S. Allen St. Suite 105 Meridian, ID 83642 RE: Subdivision Name Reservation HALKER SUB. Dear Gregory: At your request I will reserve the name "HALKER SUB." for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. Sincerely, John Triester John E. Priester, P.E.L.S. County Engineer JP/JP From: Gregory Carter [mailto: carter a)idahosurve.com] Sent: Thursday, January 26, 2006 11:25 AM To: John Priester Subject: RE: Subdivision Name Reservation John, The property is located at the NE corner of Cherry Lane and Ten Mile Road in Meridian. It contains 2.61 acres and will be subdivided into 2 lots. From: John Priester [mailto:johnn(a)adaweb net] Sent: Wednesday, January 25, 2006 4:09 PM To: Gregory Carter Subject: RE: Subdivision Name Reservation Before I can reserve the name I need more specific location information for the project. JP From: Gregory Carter [mailto_gcarteaidahosurvey coin] Sent: Wednesday, January 25, 2006 3:56 PM To: John Priester Subject: Subdivision Name Reservation John, I have a client who wishes to reserve "Halker Subdivision" for a 2 lot commercial subdivision in Meridian Gregory G. Carter Idaho Survey Group, P.C. 1450 E. Watertower St. Suite 150 8/2/2006 VICINITY MAPS 9 N N O G1 _ N 0079'0T E 132tW - W 1 � _ 99-LOZ M .£O,ZLZO N -�--_- N 00'I07_E _ 1 N 00'19'07' E 298.10' �1 a , K sl " z I L4, >ELn 1 tip,+ +m m 1 z IC. 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INJ C, 4$ m o 1. 0 0 a� m am 0h Z 'j3 yi m m y 3q Z N — Y a yN 8S IRRIGATION PERFORMANCE SPECIFICATIONS UDC 11-311-6 Project Name: -jVC50 w • U-Ie�" Specifications: ,.d►„a�,� IP L0 u.> �Si ACN,.r �o I21IbS - -7-2 L, Available Water Pressure: c Wy_oK1yr%,&1w_ -T'L • r. i ©12yy o)Yr►- v►s �d'`�-A �Z Point of Connection (describe and/or Primary Connection: Secondary Connection: t a site plan): Landscape Area: If the irrigation system is hooked to City water as a primary or secondary water source, submit the square footage of landscaped areas to be irrigated: _ � , 1 k.o I square feet Backflow Prevention: -A backflow prevention device must be installed as required by City Ordinance 9-3. Coverage: The irrigation system must be designed to provide 100% coverage with head to head spacing or triangular spacing as appropriate. Matched Precipitation Rates: Sprinkler heads must have matched precipitation rates within each control valve circuit. Irrigation Zones: Sprinkler heads irrigating lawn or other high -water -demand areas must be circuited so that they are on a separate zone or zones from those irrigating trees, shrubs, or other reduced -water -demand areas. Overspray: Sprinkler heads must be adjusted to reduce overspray onto impervious surfaces such as sidewalks, driveways, and parking areas. Notes: Irrigation Required: All landscape areas shall be served with an automatic underground irrigation system. Additional requirements affecting pressurized irrigation systems can be found in City Ordinance 9-1-28. Irrigation Water Source: Use of non -potable irrigation water is required when determined to be available by the City Public Works Department as regulated by City Ordinance 9-1-28. If city potable water is used, a separate water meter is recommended so the owner can avoid paying sewer fees for irrigation water. Potable water shall not be used as a primary irrigation water source on non-residential lots with more than %z acre of landscaping. Year round water availability is also required by connecting to city potable water or an on -site well as a secondary source. Certification: I have read and understand the above specifications and notes for irrigation systems and hereby affirm that any irrigation system installed for the project mentioned above will comply with these specifications and notes. Applicant's Signature: Date: 10 — ID - ZOolp 11.� Page 1 of 1 `.J Jennifer Veatch From: Kristy Vigil Sent: Tuesday, November 07, 2006 11:06 AM To: Jennifer Veatch Subject: FW: Walgreens (Short) Final Plat Attachments: image005.jpg Hi Jenny, FYI for Walgreens From: Robin Jack Sent: Monday, November 06, 2006 4:57 PM To: Bruce Freckleton Cc: Amanda Hess; C. Caleb Hood; Justin Lucas; Sonya Watters; Kristy Vigil Subject: RE: Walgreens (Short) Final Plat Accepted. From: Bruce Freckleton Sent: Friday, October 20, 2006 3:22 PM To: Robin Jack; John Boyd Subject: Walgreens (Short) Final Plat John & Robin, John.....1 am transmitting via hard copy the construction plans to you for your review. Robin .... I am transmitting via hard copy the CD containing the electronic files for this development for your evaluation. Please be sure to respond to me ASAP with your evaluation results. Thanks, Bruce Bruce A. Freckleton Development Services Manager .N; . f+A4, Meridian Public Works Department 660 E. Watertower Lane, Suite 200 x Meridian, Idaho 83642 Ph (208) 898-5500 Fax (208) 898-9551 E-Mail freckleb@mer ---------- N—N NryN—N idianc ora 11/14/2006 Oct. 5. 2006' 3;59PM amr'ii' uumNaiiies M G1� p Z. Proposed �0�,�xahcc.sivc Stzorc Lug: Opea $ p%*Q ,8� L=dscapa ?1= Lot Size & ,p'ro ydrolo�y_ �- S SyscyrA, parf,'vftY Syncm Other Ap_p�; oas ' arion� .Rezone Conditip�'UU �rHx��uu�rba���No,5904 �t bcr of uits_ DWMIUnj T,p • N P. 2302/0021 M:06 ff V. iot Zinc Adj Com prrhansive pl= A==dM=r �Vftppliaad012 CoAfer=c= Tot s�mmr.mded , R�oammrmdad .�._�,,,� Requik�d • , tidpaCed Submission Data. vct,a�ci x'lanimg Zola 7)ste* , ' Adtomal Notes: ' owl , �hcaztiforxmari4,x provieled d . r.�S kd ouPrdia=cc il7cct o b Oa attd � .�'�#C C�zapre$�,ya p� �•� ��andi ,.�_ t'ac an�T�sV4id for3 vision arr amca or Coz pre,xdj a plaa =a 7 e gct Oct. 5. 2006 3:59PM No, 5904 P. 1 680 E. Watertower Ln., Ste, 202 Meridian, Ill 83642 Phone: (208)884-5533 Fax: (208)BBH854 CITY OF MERIDIAN Planning Department To: Jessloa @ Hawkins Co from: C. Caleb Hood, Current Planning Manager PRX: 376-8523 ioatel 10-5-08 Phone: 947-4718 Pages; 2 (including this cover) Re: Pre-app notes CQ 0 Urgent ❑ For Review ❑ Please Comment ❑ Please Reply 1] Please Recycle •comments Jessica, I am faxing back to you the notes from our first pre-app meeting regarding the short platting of the Walgreen's site. The only addition is to the date, Unless you have questions and need to meet, you can submit the appllcatlon. Thank you. C. Caleb Hood Current Planning Manager Meridian Planning Department 884-5533