HomeMy WebLinkAboutConglomerate Drive through(:ITY OF '—
"' TRANSMITTALS TO AGENCIES FOR COMMENTS ON
ln,1l to vi DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
n" To insure that your comments and recommendations will be considered by
Mi,r l'itrnsuwl*. V nu.E
SINCE
'g°' th M rid'an Plannin and Zonin Commission lease submit your
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
Joseph W. Borton
Charles M_ Rountree
Shaun Wardle
CITY DEPARTMENTS
City Attorney%HR
703 Main Street
898-5506 (City Attorney)
898-5503 (HR)
Fax 884-8723
Fire
540 E. Franklin Road
888-1234/fax 895-0390
Parks & Recreation
11 W. Bower Street
888-3579/fax 898-5501
Plarming
660 E. Watertower Lane
Suite 202
884-5533 / fax 888-6844
Police
1401 E. Watertower Lane
888-6678/fax 846-7366
Public Works
660 E. Watertower Lane
Suite 200
898-5500/fax 895-9551
Building
660 E. Watertower Lane
Suite 150
887-2211 / fax 887-1.297
- Wastewater
3401. N. Ten Mile road
888-2191 / fax 884-0744
Water
2235 N.W. 8th Street
888-5242 / fax 884-1,159
e e r g 9 P
comments and recommendations to Meridian City Hall
Attn: Will Berg, City Clerk, by: March 30, 2006
Transmittal Date: March 14, 2006 File No.: CUP 06-007
Hearing Date: April 6, 2006
Request: Conditional Use Permit for a 2,580 square foot restaurant
with a drive-through on 0.73 acres in a C -G zone for Conglomerate
Drive -Through B
By: Afton -Pacific, LLC
Location of Property or Project: southwest corner of Eagle Road and
Magic View Drive
David Zaremba (no FP)
David Moe (no FP)
Wendy Newton-Huckabay (No FP)
Michael Rohm (No FP)
Keith Borup (No FP)
Tammy de Weerd, Mayor
Charlie Rountree, C/C
Christine Donnell, C/C
Keith Bird, C/C
Shaun Wardle, C/C
Water Department
Sewer Department
Sanitary Services(No VAR, vac, FP)
Building Department/ Rich Greene
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Your Concise Remarks:
Meridian School District (No FP)
Meridian Post Offlce(FP/PP 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)
QWest (FP/PP only)
Intermountain Gas (FP/PP only)
Bureau of Reclamation (FP1PP only)
Idaho Transportation Dept. (No FP)
Ada County Ass. band Records
Meridian Development Corp.
Historical Preservation Comm.
CITY HALL 33 EAST 1DA1Io AVENUE MERIDIAN, 1DA1-Io 83642 (.208) 888-4433
CITY CLERK— FAX 888-4218 FINANCE & UTILITY BILLING —FAX 887-4813 MAYOR'S OFFICE —FAX 884-8119
Prinked on recycled paper
Ll
� 8ai•, rt-����'�
0
Planning Department
COMMISSION & COUNCIL REVIEW APPLICATION
C T 0,U
P��
Type of Review Requested (check all that apply)
❑ Annexation and Zoning
❑ Comprehensive Plan Map Amendment
❑ Comprehensive Plan Text Amendment
(Conditional Use Permit
Cl Conditional Use Permit Modification
❑ Final Plat
❑ Final Plat Modification
❑ Planned Unit Development
❑ Preliminary Plat
❑ Rezone
❑ Time Extension (Commission or Council)
❑ UDC Text Amendment
❑ Vacation (Council)
❑ Variance
❑ Other
STAFF USE ONLY: n
File number(s): Cy� Ol, - DO
Project name: v` ntr r`4 ro
Date filed:14Date complete: �J �� -b G
Assigned Planner: C. uIQ I ck
Related files: ` 05 -OC)
Hearing date: A-�-bb aCommission ❑ Council
Applicant Information
Applicant name: b -� aa ``-- Phone:
Applicant address: '" -7. 3o,\y A\3Q _ f�� U`�YN� Ot,F C. A ,Zip: C )D k
Applicant's interest in property: XOwn ❑ Rent ❑ Optioned ❑ Other
Owner name:
Owner address:
Phone:
Zip:
Agent name (e.g., architect, engineer, developer, representative): YCYY & (a _
Firth name: 5 S Phone: 33(p -931D
Address: �O�b �7 �\_ L`00 `�7Dk..l - Zip: g'J��`�
Primary contact is: ❑ Applicant ❑ Owner Agent ElOther
Contact name: _,,�, QzS
E-mail: 0%"&y Z �oa- .cc►M -
Subject Property Information
Location/street address:
Assessor's parcel number(s):
Phone:
Fax: �53 (a - �)_5--
Township, range, section: 3ai., � �, Total acreage: W 13
Current land use: Current zoning district: �✓ C(
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridianci. .or
1
L�
Project/subdivision name:
General description of proposed project/request: Lo
tiw: 3 Afi\k AMU
Proposed zoning district(s): — C
Acres of each zone proposed: r1 I O� ( T'
Type of use proposed (check all that apply):
❑ Residential Commercial ❑ Office ❑ Industrial ❑ Other
Amenities provided with this development (if applicable): `
Who will own & maintain the pressurized irrigation system in this development? f iqr
Which irrigation district does this property lie within? Npmm -- MQPC1164
Primary irrigation source: ��t`I ", trf Secondary:
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water):
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:_ 1 Other lots:
Gross floor area proposed: .� I 16- D Existing (if applicable):
Hours of operation (days and hours): 'TM Building height:
Percentage of site/project devoted to the following:
�
to
Landscaping: Building: Paving: 'J u
Total number of employees: Maximum number of employees at any one time: iVA>.
Number and ages of students/children (if applicable):Seating capacity:
Total number of parking spaces provided: ilk - - - Number of compact spaces provided: b
Authorization
Print applicant name:
Applicant signature: �) Date:
660 E. Wate wer Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
2
Meg I jn,* •
i
ARCHITECTS
BRS Architects, A.I.A.
1010 S. Allante Place, Suite 100
Boise, Idaho 83709
Telephone 208 3.36-8370
Fax 208336-8380 Date: 15 February 2006
i
www.brsarchitects.com
City c# Meridian
Planing Department
660atertower Lane, Suite 202
Meri an, Idaho 83642
Re: 'conditional Use application for Pad 'B' at Conglomerate Subdivision
Toj hom It May Concern:
B , S Architects, on behalf of Afton -Pacific, LLC is requesting a Conditional Use
p 'rmit to construct a restaurant with a drive-thru window within 300' of an
isting drive-thru on pad 'B at Conglomerate Subdivision on the corner of Eagle
oad and Magic View Drive.
,,The site design allows for easy access through the site and 14 total parking
,spaces with access to a total of 118 spaces through a cross -parking agreement
Wth the other lots. The building has been oriented to place the drive-thru lane
along Magic View Drive and is heavily screened by landscaping. The patio dining
area is on the side of the building facing Eagle Road, adding interest to the
entryway corridor.
p The building will be constructed with a stud framed exterior wall receiving a
variety of finish materials. The base of the building will have brick veneer with
stucco above and fabric awnings and standing seam steel roofs elements over
the windows and entrances. The roof line is modulated on all sides of the building
c
and all mechanical equipment will be screened by the parapet.
.i
trust that this will meet with the City's approval and that a positive response to
j+ this application will result, but should you have any questions please do not
hesitate to call.
w
Sincerely,
Andrew Davis
BRS Architects
C
I
>
D
E w a c e R o A_
ROq\|\ HIM
}
\
r--
3E\\/f/\
h\:3g \/
§
\
1--y
\ 9 �
f \
\
/
_
; ■
\ � \
1 r
�!/ 2 | ___ ,_ � � _<_.�
Afton -PBC qC LLC Is
■ �; F
_
;
Pad � »
;!k , _,__ _»_ CHM
¢
i£
PROPOSED MEWPMEW POR:
c>
g*�2,u
C
0
a�
2
i� M
.'a
FC
E�GIEdMPGICYIEW MMDMN, Iwo
Y
Cl
vant
ARC
1;CKi.
°n�
:1
E A G L E
0 D
y T so A gi iIi7 �I 1113filQ"111, 1 110 ills
lilt11
slim Jim
Fa.1
1,11A1 4 Eiji IF
10 I q1 Q1 A fill
x xx 1HAI 15
1 1 11 1
RAt € �s
J 111 1 1
A D
! �
¢
i£
PROPOSED MEWPMEW POR:
do
C
2
Afton -Pacific LLC
E�GIEdMPGICYIEW MMDMN, Iwo
r
ARC
z
n
A
rn
C1
C
M
I��•� 1010 5. ALLANTE PL nP,nslows PeP rnrs xc J cs* oemlas
surra loo _ ` p x=
1 BOI5E IDAHO 83709 s5q
(208) X336-8370 _� �d
FAX (208) 3768380
HITECTS `I'��hn1� `
A parcel of land being a portion of Lot 11 of "Amended Magic View Subdivision"
according to the official plat thereof, filed in Book 52 of Plats at Pages 4445 and 4446,
Amended by an Affidavit recorded June 13, 1984 as Instrument No. 8429311, records of
Ada County, Idaho and being situated in a portion of the East 1/4 of Section 17,
Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and more
particularly described as follows:
BEGINNING at a point on the lot line common to lots 11 and 12 of "Amended Magic
View Subdivision" as shown on the plat thereof, from which a 5/8 inch iron rod marking
the intersection of the East right-of-way line of S. Allen St. and said lot line bears
S89037'02"W a distance of 209.49 feet; thence along a line 209.49 feet distant said East
right-of-way of S. Allen St., when measured perpendicular thereto, N00°22'58"W a
distance of 306.35 feet to a point on the South right-of-way line of Magic View Dr.;
thence along said South right-of-way line of Magic View Dr., 30.00 feet distant the
centerline thereof, when measured perpendicular thereto, N89°37'02"E a distance of
362.54 feet to a point; thence S44°44'07"E a distance of 20.97 feet to a point on the West
right-of-way line of Eagle Road and a point of cusp; thence along said West right-of-way
line of Eagle Road, 70.00 feet distant the centerline thereof, when measured
perpendicular thereto, and the arc of a 5799.58 foot radius curve to the left having a
length of 159.55 feet, a central angle of 1°34'34" and a long chord of 159.54 feet bearing
S00°03'204'W to a point from which the center of an Idaho Transportation Right -of -Way
brass cap monument bears N71°37'29"W a distance of 0.39 feet; thence S89°51'45"W a
distance of 5.00 feet to an Idaho Transportation Right -of -Way brass cap monument;
thence along said West right-of-way line, 75.00 feet distant the centerline of said Eagle
Road, when measured perpendicular thereto, S00°44'10"E a distance of 131.85 feet to a
point on said lot line common to aforementioned lots 11 and 12; thence leaving said West
right-of-way of Eagle Road and along said lot line S89°37'02"W a distance of 371.79 feet
to the POINT OF BEGINNING.
Said parcel contains 114,525 sq. ft. or 2.63 acres more or less and is subject to any and all
easements and/or rights -of -ways of record or implied.
C656259 Lots 1 thru 3 L.egal.doc
AFFIDAVIT OF LEGAL INTEREST
C!1 LIFelLWl fi-
STATE OF 1D*59 )
COUNTY OF rL$e4 )
LyS Aw-, I- S
(name) (address)
being first duly sworn upon
oath, depose and say:
(city) (state)
I. That I am the record owner of the property described on the attached, and I grant
my permission to:
(3F ftrc l� �1 AV oa
0 mss. R�
(name) (address)
to submit the accompanying application pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and it's employees
harmless from any claim or liability resulting from any dispute as to the
statements contained herein or as to the ownership of the property which is the
subject of the application.
Dated this day of 20(40.
I
(Sig e)
SUBSCRIBED AND SWORN to before me the day and year first above written.
N Public for Idabir <f 1i �or�n
JULIE SMITH Residing at ��75/{�.�uj%f.Xa-� �7C-•
Comm.113611'27 rrnn p
r NOTARY PUKIC,CALIFORNIA U! N h �nN� ��• ���� v
Loc Anpel�a county f M Comm-isslon Expires: Ifv-6S —�P
My Cemm. Expires June 15, 2006 �'p
COMMITMENT OF PROPERTY POSTING
Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a
public hearing (except for a 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.
1 am aware of the above requirements and will comply with the posting requirements as stated in
UDC 11-5A-5.
Applicant/agent signature Date
r
Recording Requested By and
When Recorded Return to:
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 9.00 3
Brian L. Ballard BOISE IDAHO 12130/06 04:38 PM
Hawley Troxell Ennis & Hawley LLP RECORDED- Bonne Ober OF II I I II �I II
P.O. Box 1617 First American 105199652
Boise, ID 83701
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
SPECIAL WARRANTY DEED
THIS INDENTURE is made this may ofr&b . , 2005, between JACKSONS
FOOD STORES, INC., a Nevada corporation, the "Grantor" and -AP —E le View, LLG a
Delaware limited liability company, the "Grantee" whose mailing address is 06 South Palm
Avenue, Alhambra, California 91801.
WITNESSETH:
For valuable consideration Grantor does hereby sell, transfer and convey to Grantee the
following described real property situate in the County of Ada, State of Idaho, to wit:
"Described on attached EXHIBIT A."
Subject to the restriction that no part of the above-described property shall be used for
the retail sales of gasoline, motor fuel and/or other non -packaged petroleum products; and/or
the operation of a smoke shop, a car wash or a convenience store (which is herein defined as a
self-contained area or building primarily devoted to the sale of any or all of the following items
on a quick, self service or convenience basis: foods, beverages, grocery items, petroleum
products, tobacco and/or car washes, as such convenience stores may be operated from time
to time). Notwithstanding the foregoing, this restriction shall specifically not apply to the
following uses: drug store and/or pharmacy, specialty grocery stores (such as, by way of
example, Trader Joe's, Wild Oats or Whole Foods) and fast food restaurants of any kind. This
restriction shall be a burden upon the above-described property, shall run with the land, and
shall be for the benefit of Grantor, and Grantor's successors, assigns and affiliates, and for the
benefit of and appurtenant to each and every part of the properties within a three (3) mile radius
of the above-described property now owned or leased or hereinafter owned or leased by
Grantor, its successors, assigns and affiliates. For purposes of the preceding sentence,
"affiliates" shall mean a branch, division, parent or subsidiary of Grantor, its successors or
assigns, or any company in which Grantor, its successors or assigns own (directly or indirectly)
five percent (5%) or more of the voting stock or interest or which is a company that owns
(directly or indirectly) five percent (5%) or more of the voting stock or interest of Grantor, its
successors or assigns. If at any time Grantor, its successors, assigns and affiliates, no longer
owns or leases, directly or indirectly, any property within a three (3) mile radius of the above-
described property, then this restriction shall thereupon be void and of no further force or effect.
If in any judicial proceeding a court shall hold that the scope or area restrictions stated in this
restriction is unreasonable under circumstances then,existing, the parties, and their respective
-1-
06289.0049.848767.1
0
successors, assigns and affiliates, agree that the maximum allowable scope or area reasonable
under the circumstances shall be substituted for the scope or area stated in this restriction.
TOGETHER WITH the tenements, hereditaments and appurtenances thereunto
belonging or in anywise appertaining (collectively the "Premises').
forever_ TO HAVE AND TO HOLD said Premises unto Grantee, its successors and assigns
Grantor hereby covenants with Grantee that the Premises are free from all
encumbrances made by Grantor and that it will warrant and defend said Premises against the
lawful claims of all persons claiming by, through or under Grantor; subject to reservations or
restrictions in federal patents or state deeds or in laws providing for such patents or deeds, to all
easements or other matter of record or appearing from an accurate survey and examination of
the Premises and to the rights of all persons in possession, if any.
IN WITNESS WHEREOF, this Special Warranty Deed has been duly executed by
Grantor as of the day and year herein first above written.
JACKSONS FOOD STORES, INC., a Nevada
corporation
Name:
Its: -
STATE OF IDAHO )
) ss.
County of Ada )
On thi�ay of �� , 005, before e, the undersigned, a Notary Public in
and for said Sta e, personally appeared ,
known or identified to me to bethe of
JACKSONS FOOD STORES, INC., 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
day and year In this certificate first above written.
affixed my official seal the
..
06289.0049.848767.7
•;�
t• ��na
ti sus
Nota
4at
s
�'
i
��-4yo 00�y J-
y commission
�•��'��,l,id•`'�
- 2 -
affixed my official seal the
..
06289.0049.848767.7
EXHIBIT A
LEGAL DESCRIPTION:
A PARCEL OF LAND BEING A PORTION OF LOT 11 OF "AMENDED MAGIC VIEW SUBDMSION"
ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 52 OF PLATS AT PAGES 4445 AND 4446,
AMENDED BY AN AFFIDAVIT RECORDED JUNE 13, 1984 AS INSTRUMENT NO. 8429311, RECORDS OF
ADA COUNTY, IDAHO AND BEING SITUATED IN A PORTION OF THE EAST 1/4 OF SECTION 17,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE LOT LINE COMMON TO LOTS 11 AND 12 OF "AMENDED MAGIC VIEW
SUBDIVISION" AS SHOWN ON THE PLAT THEREOF, FROM WHICH A 5/8 INCH IRON ROD MARKING THE
INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF S. ALLEN ST. AND SAID LOT LINE BEARS
S89037'02"W A DISTANCE OF 209.49 FEET; THENCE ALONG A LINE 209.49 FEET DISTANT SAID EAST
RIGHT-OF-WAY OF S. ALLEN ST., WHEN MEASURED PERPENDICULAR THERETO, N00022'58"W A
DISTANCE OF 306.35 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF MAGIC VIEW DR.;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE OF MAGIC VIEW DR., 30.00 FEET DISTANT THE
CENTERLINE THEREOF, WHEN MEASURED PERPENDICULAR THERETO, N891,37'02"E A DISTANCE OF
362.54 FEET TO A POINT; THENCE S44044'07"E A DISTANCE OF 20.97 FEET TO A POINT ON THE WEST
RIGHT-OF-WAY LINE OF EAGLE ROAD AND A POINT OF CUSP; THENCE ALONG SAID WEST RIGHT-OF-
WAY LINE OF EAGLE ROAD, 70.00 FEET DISTANT THE CENTERLINE THEREOF, WHEN MEASURED
PERPENDICULAR THERETO, AND THE ARC OF A 5799.58 FOOT RADIUS CURVE TO THE LEFT HAVING A
LENGTH OF 159.55 FEET, A CENTRAL ANGLE OF 1034'34" AND A LONG CHORD OF 159.54 FEET
BEARING S00003'20"W TO A POINT FROM WHICH THE CENTER OF AN IDAHO TRANSPORTATION
RIGHT-OF-WAY BRASS CAP MONUMENT BEARS N71037'29"W A DISTANCE OF 0.39 FEET; THENCE
S89051'45"W A DISTANCE OF 5.00 FEET TO AN IDAHO TRANSPORTATION RIGHT-OF-WAY BRASS CAP
MONUMENT; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, 75.00 FEET DISTANT THE CENTERLINE
OF SAID EAGLE ROAD, WHEN MEASURED PERPENDICULAR THERETO, S00°44'10"E A DISTANCE OF
131.85 FEET TO A POINT ON SAID LOT LINE COMMON TO AFOREMENTIONED LOTS 11 AND 12;
THENCE LEAVING SAID WEST RIGHT-OF-WAY OF EAGLE ROAD AND ALONG SAID LOT LINE
S8903702"W A DISTANCE OF 371.79 FEET TO THE POINT OF BEGINNING.
1.05 Term of C;olatt7any
The terra of the Company shall commence on the later to occur of the date that the
Certificate ol"Fornvtttion for the Company is filed with the: O'(fice of the Delaware Secretary of
State or the elate upon which this Agreement is fully executed and delivered by all of the
Members hereto ;and shall continue until December 31. 2050, unless dissolved sooner pursuant to
Article VII or unless extended by the Managing Member and a Majority= -in -Interest of the
Investor Members. '1"he existence of the Company as a separate legal entity shall'Coll tinue until
the cancellation of the Company's Certificate of Formation.
ARTICLE 11
MANAGEMENT OF THE COMPANY
2.01 i'orvers of the Managing klc.mber
E-_xccpt as set larth in Section 2,02 belo)x or elsewhere in this Agreement. (lie Managing
l oiiber shall have the full and complete charge of all affairs of the Company. and the
ntanagemcrit and control of the Company's business shall rest exclusively with the Managing
Member. All conveyances of title to Com-pany property or any .interest therein_ all loan,
documents, promissory notes, deeds of trust., purchase and sale agreements, leases, agreements,
contracts and any and all other rnatters and docurnents affecting or relating to the btr.siness and
affairs of the Company may, be executed on the Company's behalf'by= the Managing Member
alone and without execution by any Investor Member (provided that any consent of the Investor
Members required pursuant to Section 2.02 below or elsewhere in this Agreement, if any, has
been obtained). The Managing Member shall devote such time to the Company as the Man.aoing
Member deterrnines, in such M'ember's sole and absolute discretion, is necessary, for the efficient
operation of the Company's business. Nothing contained herein shall prevent the Nl.anaging
Member or any of such Member's employees, agents, representatives or Affiliates fron7 devoting
time to other businesses, whether or not similar in nature to the business of the Company,
102 Maitir -Decisions
Notwithstanding the provisions of Section 2,01, the Investor Members shall have the
right to vote on the following matters and only the hallowing matters (collectively, tile "Major
Decisions") and the Managing Member- may not cause the Company to undertake arty Major
Decision without, tine consent ofthe investor Members in the manner described below in this
Section 2.02:
(a) Sale, Refinance or Other Transli~r of the Protect- Except as provided ill
Section 8,01. the Sale, exchange, transfer or other disposition of all or any portion of the:
Project, or the refinancing of the Project;
(h) Construction Loan Term Sheet. If the Construction Loan provides for
Ci) a rt initial interest rate of grcalcr thin eight percent (8'111)) (before ..any applicabl-c
a4justrnents to thc; sarne), (ii) a loan to cost percentage of less than seventhly -fire percent
(75%). Or ('iii) a loan to coat percentage of greater than eighty percent ($(feta)- then the
approval of any term sheet for the C:;cmistruction Loan;
rc>195v (rt:ut•
r>r {4i-I#1IrI'_•7 i••i i,y g il'Pi b 15'C.,i t,.t.t' A¢iee mni AW -3-
(c) level Imeiat Platt. "I he* aper rval Uf the initial I^)�v..,lopirient Man. which
shall include a Development. Budget, and any material amendments the`.rem,
(d) F'xrenditures Ciretiter than Uf 000, The approval of an}° expenditure in
ext;css of Twenty -Five Thousand Dollars ($25,000) which'is not provided in the.
Development Budget.
(c) I.,eases. 'I"he approval of any leases fir leasing the Prod ct.
(f) Amendments to Aareen)ent. Any arnendment or modi.Iication of -this
Agreement (exclusive of any amendment necessary to reflect the admission of a
permitted traiisferc.e as a Member of the Company in accordance with Article VI);
(g) l3r7 7a„ i� in Other Business. The engagement by the C olnpan�T in any
busincs.:> or activity outside the scope of the Company's business set forth in Section I.O_1;
(h) Fxtension ofTerm. The extension of tile tern) ofthe Company:
(i) Distiolution" Except as provided in Section 7.011, the dissolution or
liquidation c'.tflhc C.',ompany; and
�I) C7�ther Matters. Any other rtzatter requiring the approval of one (1) or nsoi"e
ort.he investor Mery ber's under the terms of this Agreement.
A11 oftlte.fnregoinb Major Decisions shall require the affirmative vote of the NIanaZ?
Member and. a Majority-in-Iriterest ofthe Investor Members, except for the matter referenced in
Section 2.O2(j), which shall require the affirmative vote of"one (1) or more of the Investor
Members in the manner set forth in this Agreement. Whenever the Mail agli,rrg :Member desires to
take any proposed action wil.1ch requires the prior approval of one (1) or r-nore of the Investor
Members in accordance with the provisions of this Section 2.02, the Managing Member shall
give written notice to the Investor Members describing such action in sufficient detail so as to
enable reach Investor member to exercise an informed judgment yvith respect. thereto. As soon as -
practicable thereafter, cacti Investor Mernber shall give: the Managing Member written notice
that such Investor Member either approves or disapproves of tile proposed transaction (which
shall set forth such Investor Member's reasons thereofif such Investor Member elects to
disapprove of such proposed transaction). In Lite event that any Investor Member fails to respond
(as provided herein) oil or before the tenth (1.001) day following the effective date of such written
notice. (hen such Investor Member shall be conclusively presurt)ed to have: approved such
proposed transaction.
2.03 Re:stxict.ions and I.,i.rnitations on t. Investor Members
The Investor .Mernbers shall have net right; power or authority to act for or hind the
C."onipany- Except as otherwise provided in Section 2.02 above. the Investor- Members shall take
no part in the conduct or control o'f'the Company's business. 1n furtherance of tile foregoing
provisions of this Section 2-03, and except as otherwise provided in Section 2,02 above. each
Investor Member herby expressly waive~ any and all rights such Investor Member may have
nr:cx-
r`I I57..1i0r�i.- ;i-r15hy,auza
61''TL 11.1.C-:tpom nrRDI -4-
1 1.60 jreasury lie ulatinn
'The term "Tr-easury Regulation" meats any proposed, tcm.pt�rary_ andior final feder=al
incorne t.ak regulation promulgated by the United States Department of the Treasurer as
hcrctofpre and hereafter arnended frorn time: to time (and/or any corresponding provisions of any
superseding rcvonue law and/or regulation),
1 1.61 1,..linrecovered Contribution Account
The term "Unrecovered Contribution Account" means with respect ic:a each investor
Member, the al-110unt.of rnoneY contributed by such Member to the capital of the Coitipany and
credited to such account pursuant to Sections 3.01, and decreased by the amount of money
distributed by the Company to such Member pursuant to Section 5,02(b) and the aggregate fair
ni,arkc t value (as determined in the sole and absolute discretion of the nfl.anaging Member) of any
property distributed to such Member by the Company (not of liabilities secured by Stich
distributed property that such Mernber is considered to assume or take subject to under Code
Section 752) pursuant to Section 5.02(b).
IN WITLESS WHEREOF, -the parties hcreto have executed this Agreement effective as
of'thc day and year first above written.
"Maaasaging Member" AFTON PACIFIC, LLC,
a Delaware limited liability company
By: PacWest Properties, I_ .,C,
a Delaware litn.ited liability corripany
Its: Member
qonCraman
eA�o
Its: Sole Member
By: Afton Financial (.3roup LLC:.
a Nevada limited liability compa.nv
Its, Member
By; ��
Steve oss
Its Managino Member
10 701s1 -x" _fir}..
I'i I�14)l1r12-I1.OPIwroiwr�a F15a(nl.l.%hgntinar r0)1
E -A -P -PW A11oly MEETING N6TFS
Applicants) i
Engmee�er/Architec
Staff: l G : AA
:7
DATF-: i'— 16 - o
Proposed Development: ��, _ -
Location:
]LEA
Required Applications:
Exist g Zoning: ProposedZoning: --
Comprehensive Plan. Designation:
For Plats
Property Size: 2- �, a e u -e5 Number of Units:
Sewer: �_ Dvrelling Type:
Water:
Pressurized Irrigation:
Street Buffers:
Open Space & Micropaths:
Landscape Plan.:
Lot Size & Frontage:
Topography:
Hydrology:
Street System
Pathway System
other A lications
Rezone
Conditional Use P
Variance
Lot Line Adjustment
Comprehensive Plan Amendment Application Checldist'Review
Otlier.Agexxcxes to Coxatact:
Add tional Preapplication Conference:
Not recommendedo
Recommended ��- Required
Anticipated Submission Date:
I
Anticipated Planning &,zoning Date: e -a -S e
Additio' nal Notes:
a
a', l b l e
i.
The information provided during this meeting is based upon the curxr7laagnBlIeridi t
Siabcivisian. Ordinance and applicable Comprehensive Plan azid is valid for 3 months. Any subse
`Char ges to ti e; Zoning or 5ubchvision Ordihancc or Comprehensive PIau may affect your
PP _
0,
AaCHITECTS
1010 S. ALLANTE FI..
SUITE 100
BOISE, IDAHO 83709
TELEPHONE 208 336 8370
FAN 208 336 8380
PROJECT: Drive-thru restaurant at Conglomerate Subdivision
MEETING DATE: February 10, 2006
Attendees
.
12
. rt.::.
N• mm
12,
'..:
okito
CD
ru
ca
N we
� ^.l °, d, �.xk;,.-.,,IFS' ��•�,;
r
Securlty Features Included E), •betalls, shack-" •�'�' *•-„.,I,P "'����
CITY OF
C�lWaridirn
1 33 E. Idaho Ave.
My ridian, ID 83642
Fc
SINCE
1908
Date — J
Applicant
Address /n/0 �
F Q Phone
CASH CHECK # NAME ON CHECK IF DIFFERENT THAN APPLICANT
AMOUNTDESCRIPTION
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
1
I
I
I
I
I
I
I
I
I
I
1
I
PAYMENT DOES NOT INDICATE ACCEPTANCE QF APPLICATION ITAX
I
7381 geceived
Y
TOTAL
1 ��
55748
�vew"I