HomeMy WebLinkAbout2nd Amendment to Development AgreementADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 81
BOISE IDAHO 06/03!10 11:26 AM
RECORDED$ REQUEST OF ~II ~~~IIIIIIIIIIIIIIIIIIIIIIIIIIII III
Meridian City i 10051 ~~~
SECOND AMENDMENT TO
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Primeland Development Company, L.L.P., Owner/Developer
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (this "Agreement', is made
and entered into this a ~+~ day of N°` , 2010, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereinafter called CITY, and Primeland Development Company,
L.L.P., an Idaho limited liability partnership; 3120 W. Belltower Drive, Suite 100, Meridian, Idaho
83646, hereinafter called OWNER/DEVELOPER "Applicant" for the purposes of this Agreement
shall mean that party who applies to the City for development approval, which may be
Owner/Developer or may be a thins party who purchases a lot or other portion of the Property, as
defined below.
1. RECITALS:
1.1 WHEREAS, CITY and the original OWNER/DEVELOPER, Mary Floyd
and E. L. & Shirley Bews, Bews Family Limited Trust, collectively, entered into that certain
Development Agreement recorded on March 7, 2006 as Instrument # 106034786 (the
"Original Development Agreement") respecting real property more particularly described in
the Original Development Agreement; and
1Z WHEREAS, Owner/Developer, Mary Floyd and E. L. & Shirley Bews
and $ews Family Limited Trust assigned all of their right, title and interest as the
Owner/Developer to Primeland Development Company, L.L.P. and thereafter a First
Amendment To Development Agreement was recorded on April 9, 2009, as Ada County
Instrument No. 109040246.
1.3 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of
a portion of the real property described in the Original Development Agreement located in the
City of Meridian, County of Ada, State of Idaho, described in Exhibit A, which is attached
hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the
"Property"; and
1.4 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re-zoning that the Owner/Developer make a written
commitment concerning the use or development of the subject property; and
1.5 WHEREAS, City has exercised its statutory authority by the enactment of
Ordinance 11 •SB-3, which authorizes development agreements upon the annexation and/or re-
zoning of land; and
DEVELOPMENT AGREEMENT- VOLTERRA (RZ 0$-004)
4816-1925-2485.3
1.6 WHEREAS, Owner/Developer has submitted an application for re-zoning of
the Property described in Exhibit A, and has requested a designation of C-G (General Commercial
District), L-O (Limited Office), C-C (Community Business) and R-15 {Medium-High Density
Residential) (Meridian Unified Development Code) ("UDC"); and
1.7 WHEREAS, Owner/Developer made representations at the public hearings
before the Meridian City Council, as to how the subject Property will be developed and what
improvements will be made; and
1.8 WHEREAS, record of the proceedings for the requested zoning
designation of the subject Property held before the City Council, include responses of
government subdivisions providing services within the City of Meridian planning jurisdicrion and
received further testimony and comment; and
1.9 WIIEREAS, the City Council, on the 23`~ day of December, 2008, approved
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
1.10 WHEREAS, the Findings require the modification of the Original
Development Agreement to exclude the Property from the effects of the Original Development
Agreement; and
1.11 WHEREAS, the Findings require the Owner/Developer to enter into a new
development agreement in connection with the Property before the City Council takes final action on
a zoning designation for the Property; and
1.12 WHEREAS, Owner/Developerdeeros it to be in his best unterest to enter into
this Agreement and acknowledges that this Agreement was entered into voluntarily and at his urging
and request; and
1.13 WHEREAS, City requires the Owner/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 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 Unified Development Code, Title 11.
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
DEVELOPMENT AGREEMENT- VOLTERRA {RZ o8-004)
4816-1925-2485.3
binding and are incorporated herein as if set forth in full
3. 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:
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 Broadway Avenue,
Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER means and refers to Primeland Development
Company, LLP, an Idaho limited liability partnership, whose address is 3120 W. Belltower
Drive, Suite 100, Meridian, ID 83646, the party that owns and is developing the Property and
shall include any subsequent owner(s) or developer(s) of the Property.
3.3 PROPERTY means and refers to that certain parcel(s) of real property
located in the County of Ada, City of Meridian as described in Exhibit A attached hereto and
by this reference incorporated herein as if set forth at length.
4. TERMINATION OF ORIGINAL DEVELOPMENT AGREEMENT: Immediately
prior to the recordation of this Agreement, City shall have executed, notarized and recorded a
Partial Release of Original Development Agreement substantially similaz in form to the Partial
Release of Original Development Agreement attached hereto as Exhibit C and by this reference
incorporated herein whereby the Original Development Agreement shall be terminated and be of
no further force or effect as to the Property.
5. USES PERMITTED BY THIS AGREEMENT:
5.1 The uses allowed pursuant to this Agreement are only those uses allowed
under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B.
5.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
6.1 Owner/Developer shall develop the Property in accordance with the
following special conditions:
1. All future development of the Property shall comply with City of Meridian
ordinances in effect at the time of development and be generally consistent
with the conceptual site plan as shown within Exhibit B and submitted with
DEVELOPMENT AGREEMENT - VOLTERRA (RZ OS-004)
4816-1925-2485.3
this application, as determined by the Planning Director. In the event that City
shall change any ordinance subsequent to the commencement of any
development, the ordinances in effect at the time of the original submittal of
the relevant applicant shall govern such development.
2. All future development on the Property shall be subject to administrative
design review.
3. The Property will no longer be subject to the Original Development Agreement,
nor to that certain First Amendment to Development Agreement recorded at
Instrument # 109040246 in the real estate records of Ada County, Idaho.
4. The C-G zoned portion of the Property, as depicted on Exhibit D, and the
previously zoned C-G property as depicted on Exhibit D-1, shall consist of a
minimum of 6 buildings with no one building exceeding 250,000 square feet;
provided, however, this condition is not intended to preven# or interfere with
the issuance of any and all applicable permits and/or certificates in connection
with any one building prior to the completion of the minimum number of
buildings or to create a default or zoning reversal hereunder if the minimum
number of buildings are not constructed within any timeframe so long as the
Project is generally consistent with the approved Conceptual Site Plan for the
Project. The maximum allowable non-residential square footage for this portion
of the development shall be 558,000 square feet. Owner/Developer hereby
grants, conveys and assigns the right to construct up to 250,000 square feet of
such 558,000 non-residential square footage to the fee owner of that certain
portion of the Property legally described in the attached Exhibit F {the "Retail
Tract"), leaving 308,000 square feet of non-residential square footage available
to the remaining Property. This retail tract was approved as a separate legal
parcel with a property boundary adjustment known as PBA-OS-OI3 and shown
as Exhibit G. Owner/Developer may assign other portions of such permitted
square footage to subsequent purchasers of the Property or portions thereof
for such persons' exclusive use. However, this is not a condition or the
responsibility of the City. If a lot in the subject Property is sold to a third party,
then such third party Applicant shall apply for its awn development approval with the
City and will comply with the terms thereof. If such third party Applicant materially
defaults in any agreement or arrangement with the City as part of its development
approval process, such default shall not result in Owner/Developer, or any other
subsequent purchaser or holder of an interest in any other .Property, being in default of
the terms of this Agn~ment. If Owner/Developer, or any other subsequent purchaser
or holder of an interest in any other Property, materially defaults in any term of this
Agreement, then such defaults shall not impact or otherwise impair the rights of a third
party Applicant who has purchased a lot or parcel and is otherwise in compliance with
the terms and conditions of its development approval with the City.
5. The C-C zoned portion of the Property, as depicted on Exhibit D, shall consist
of a minimum of 11 buildings with no one building exceeding 200,000 square
feet. The maximum allowable non-residential square footage for this portion of the
Property shall be 464,000 square feet.
DEVELOPMENT AGREEMENT - VOLTERRA (RZ OS-004}
4816-1925-2485.3
6. The L-O zoned portion of the Property, as depicted on Exhibit D, shall consist of
a minimum of 5 buildings with no one building exceeding 20,000 square feet. The
maximum allowable non-residential square footage for this portion of the Property
shall be 124,040 square feet.
?. The R-15 zoned portion of the Property, as depicted on Exhibit D, shall consist of a
mizvmum of 3 buildings and, a minimum density of 8 dwellingsJb~eds per acre and a
maximum of 75 buildings provided it does not exceed the density requirements of
the R-15 zoning district with no one building exceeding 130,000 square feet.
8. The Owner/Developer shall construct five central plaza areas and associated
pathway on the site as generally depicted on the Conceptual Site Plan. Due to the
fact that the Conceptual Site Plan does not show a plaza on the retail tract, any
holder of any interest in the Retail Tract is hereby released from any duty to
construct such plaza areas on the Retail Tract and from any duty to contribute to
the cost to construct such plaza areas elsewhere on the Property.
9. All buildings on the site shall be generally consistent in appearance with the
photos attached as Exhibit E (large box, health care, hotel, health club, general
business, senior living, skilled nursing, retail) submitted with this application, as
determined by the Planning Director.
10. The proposed non-residential and residential buildings shall be constructed with
high quality materials, including but not limited to: split face block, stucco, wood
and brick, with substantial stone accents, four sided architecture (for retail uses
one side may not require full facade treatment if there is screening for the loading
area}, highlighted main entrances, stamped decorative concrete, flat roofs, accent
meta[ roofing, composite or file roofing materials and variations in colors, roof
planes and parapet heights.
11. A 25-foot wide buffer shall be constructed along W. McMillan Road and N. Ten
Mile Road with a 5-foot detached sidewalk. Any future collector streets shall
have a minimum 20-foot wide landscape buffer on each side of the street. Any
future local commercial streets shall have a minimum 14-foot wide landscape
buffer These buffers shall be designed in accordance with the standards listed in
UDC 11-3B-7 and shall be constructed with platting of the Property or with the
issuance of the first building permit if the plat has not been recorded.
12. The Applicant shall comply with all landscaping standards described in the UDC,
including but not limited to UDC 11-3B-8 which outlines the standards for parking lot
landscaping.
13. The Applicant shall be responsible to obtain a Certificate of Zoning Compliance
(CZC) permit from the Planning Department prior to all new construction on the
Property.
14. Any future signalization installed as the result of the development of the Property
shall be equipped with Opticom Sensors to ensure a safe and efficient response by flare
and emergency medical service vehicles. The cost of this installation is to be borne
by the Applicant
15. The first driveway access onto Ten Mile Road as shown on the Conceptual
Site Plan just north of McMillan Road shall be designed as a right-in/right-out
DEVELOPMENT AGREEMENT- VOLTERRA (RZ 08-004)
4816-1925-2485.3
driveway.
16. The Applicant shall coordinate with the Parks Department to facilitate the
actual design and exact location of the pathways in accordance with the
standards listed in UDC 11-3B-8 and I1-3B-12, and the Master Pathways
Plan. Said pathway shall be constructed when the extension of the north
east/west roadway is constructed on the Property.
17. The Applicant shall provide a method for notifying homeowners of future
multi-family residential development plans.
7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the
commitments contained herein shall be terminated, and the zoning designation reversed, upon
an uncured material default of the Owner/Developer or Owner's/Developer's heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of
Subject Property" of this Agreement, 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. It shall be deemed a material default under the terms of this
Agreement if an applicant begins construction on the Property and thereafter fails to proceed
with the development or suspends development activities for a period of four (4) years.
8. DEFAULT/REVERSAL OF ZONING DESIGNATION:
8.1 Acts of Default. Either party's failure to faithfully comply with all
of the terms and conditions included in this Agreement shall constitute default under this
Agreement.
8.2 Notice and Cure Period. In the event of Owner/Developer's or
Applicant's default under this Agreement, Owner/Developer or Applicant shall have thirty (30)
days from receipt of written notice from City to initiate commencement of action to correct
the breach and cure the default, which action must be prosecuted with diligence and completed
within one hundred eighty. (180) days; provided, however, that in the case of any such default
that cannot with diligence be cured within such one hundred eighty (180) day period, 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.
8.3 Remedies. In the event of default by Owner/Developer that is
not cured after notice as described in Section 8.2, Owner/Developer shall be deemed to have
consented to modification of this Agrcement and reversal of the zoning designations described
herein, solely against the offending portion of Property and upon City's compliance with all
applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has
occun~ed. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County
by either City or Owner/Develaper, or by any successor or sucoessors in title or by the assigns of the
parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the
specific performance of the wvenants, agreements, conditions, and obligations contained herein.
DEVELOPMENT AGREEMENT- VOLTERRA (RZ U8-004)
x816-lszs-2x85.3
8.4 Delay. In the event the performance of any covenant to be performed
hereunder by Owner/Developer, or Applicant or City is delayed for causes that are beyond the
reasonable control of the party 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.
8.5 Waiver. A waiver by City of any default by Ovmer/Developer of any
one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived.
and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any
such or other covenants and conditions.
9. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the
entirety of said development of the Property as required 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
Agreement and all other ordinances of the City that apply to said Property.
1Q. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, at Owner's/Developer's cost, indexed against the Property, and submit
proof of such recording to Owner/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 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 zoning the Property as specified herein.
12. REMEDIES AND IMPACT FEES: This Agreement shall be enforceable in any court of
competent jurisdiction by City, Owner/Developer, or Applicant 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.
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 §11-S-C, to insure that installation of the improvements, which the Owner/Developer agrees to
provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the City
and Owner/Developer has entered into an addendum agreement stating when the
improvements will be completed in a phased development; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
DEVELOPMENT AGREEMENT - VOLTERRA (RZ o8-004)
4816-1925-2485.3
completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: Except as otherwise provided herein, the
Owner/Developer agrees to abide by all 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 deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
with copy to:
OWNER/DEtrELOPER:
Primeland Development Company, LLP
3120 W. Belltower Drive, Suite 100
Meridian, ID 83642
City Attorney.
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
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 steal! be deemed to be a 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 respcct 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/Developer of the Propeaty, each subsequent owner and any other person
acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation
DEVELOPMENT AGREEMENT- VOLTERRA (RZ 08-004)
4816-1925-2485,3
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/Developer, to
execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and
reasonable discretion, determines that OwneriDeveloper 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 fio be excised fiom 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/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/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 Property herein provided for can be modified or amended without the approval of
the City Council after the City has conducted public hearingts) in accordance with the notice
provisions provided for a zoning designation and/or amendment in force at the time of the
proposed amendment.
Z2. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall publish the duly adopted amendment to the Meridian
Zoning Ordinance in connection with the zoning of the Property.
ACKNOWLEDGMENTS
1N WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
CITY OF MERIDIAN, a municipal
corporation
By:
Mayo y deWeerd
OWNER/DEVELOPER
PRIMELAND DEVELOPMENT
COMPANY, L.L.P., an Idaho limited
liability partnership
DEVELOPMENT AGREEMENT- VOLTERRA (RZ 08-004) 4
48th-1925-2485.3
By Varriale Construction, Inc., General
Partner
ATTEST: f I~
sy: ,~ ~4.
` ,,,,, ~ ~ ~, ~ ~ ~ ~ ~ ~,,,,~ Frank S. Varriale, President
~,,~
/D
ayce Holman, City Clerk,~~~ G~ ~~ ~-9,~~'%;
REAL
~~ ~~o~
Schedule of Exhibits: ~~~''%,COUNTY ' ~~~``~~~
~~nnin ~in~~~
Exhibit A Legal Description of the Property
Exhibit B Findings of Fact, Conclusions of Law and Decision 8t Order
Exhibit C Form of Partial release of Original Development Agreement
Exhibit D Description and Depiction of Proposed Zones
Exhibit D-l. Legal Description of Existing C-G Zone
Exhibit E Photos and Renderings
Exhibit F Legal Description of Retail Tract
Exhibit G Property Boundary Adjustment PBA-08-013
DEVELOPMENT AGREEMENT- VOLT$RRA (RZ 08-004} 10
4816-1925-2485.3
STATE OF IDAHO )
ss.
COUNTY OF ADA )
On this ~z~ day of , 2010, before me, the undersigned, a
Notary Public in and for said State, perso ly appeared Frank S. Vaniale, known or identified to
me to be the President of Varriale Construction, Inc., General Partner of Primeland Development
Company, L.L.P., the Idaho limited liability partnership that executed the within and foregoing
instrument, or the person who cxecuted the instrument on behalf of said Idaho limited liability
partnership, and acknowledged to me that such Idaho limited liability partnership executed the
same.
IN WITNESS WHEREOF, I have hereunto set ray hand and affixed my official seal the
day and year in this certificate first above written.
KIMBERLY WINKLE
Notary Public
State of Idaho
STATE OF IDAHO }
ss.
COUNTY OF ADA )
otary Public f • Idaho
Residing at:
My conunission expires: / 2 JS
On this ~ day of 2010, before rae, the undersigned, a Notary Public in
and for said State, personally appeared aramy de Weerd and Jaycee L. Holman, known or identilfied to
me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instnunent of
behalf of said City, and aclawwledgtd to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed ray official seal the
day and year in this certificate first above written.
•.••^•.,
c1G A JQIV~~
~`s R s~
'~V, ~ No Public for I o
. ~ .
• ~ ~ Residing at:_ 1/1ur1a 1 l~
~, ` 1~' ~p~ My commission expires:~~, t ~ ~ ~
l'IlA1!
~~
•'S;'9TE OF ;~•'•
•......
DEVELOPMENT AGREEMENT- VOLTER.RA (RZ o8-OOd) ! I
48th-1925-2485.3
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
{SEE ATTACHED)
4816-1925-2485.3
_ r3un9~1, 2005
~ ~ VOi.TERRA 8i~8BM810H
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r~rrp, at Eller efoerter COrNr10r{ ttl SACQOni. ~; $5, ettd;}fis ~"~eelbha 27'E.
••=34,'Irvfrt h 1h0 '/e oortrlrt o0rhrrron ~0 find taef4bns 27 ~ ~ ~rrc North t)tl't35'n5'
• Wert. 2@frF.ST feet. add pohst.belrg the RBA!; t'DI1tiT OF BEt2fAMt011O;
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Thence •Nckih 50 :$i'p1~• W.eat,130.06 teem; : ~'u •~• 1006
'neno0.l+latlh 34'20r4ti' Wsst, 71x64 feet;' . ~ ~ a"~z~
' ' Tlerios Nvrtlit t8'36'Ot'iNMt,11i.56 feet;
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said SeCtlon 27;
Thence e1onQ thel.tsai~Weat m1d.~lgn lkt~of stela SscEion`ZT•Satattt 89st9'49' East,
2ti49.M fs~tb'tltA.GeMat.at'ea1,~ ~~ 2i;
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>''' 'thence South 89.20'38°.East, 265!2.99-faettc the East i/4 con-ervf satd'Sed+on 27';
.5 Thence South 00.21'48` West, 2844:37 feat tv the POtNr OP S.EGINNWtR.
Ccntatirt~g 312.!37 awxea, more or fe3s.. '
.-
S r.
1
' t. e
~43~
q '~}
EXHIBIT B
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
(SEE ATTACHED)
4816-t925-2485.3
CtrY OF MERIDIAN PLANNAVG DEPARTt,~+M' STAFF REPORT FOR'r~g ~ARWO ~~ OF NOVBI~ER ZS, 2001
3I'AFF REPORT Heeriag Date: November Z5, 2008
(Continued fi+nna Novembmc S, 2008)
TO: Mayan' and City Council
FROM: Hill Paraoas, Associate City Planaar
(208} 884-5533
5UBJEGT: Volterra Mixed Usc
• RZ-08-004
E IDIAN~--
t~A4~~!
Reaone of 93.64 scree 5+om L-0 (Limited t?fficx) and R-4 (Medium Low-
Deusity Residaraal) to C-G (C3at~aal Retail and Service Commcrcia1x25.10
acres L-O (Limited Offieex 10.70 acrea~ C-C (Ca®muaity Businessx37.84
acres) and R-1 S (Medium-High Density Ria1~0.0 acxes), by
Primdand Development Company, LLP.
• MDA-08-002
~1~ to modi~+ the recar~ded dewrlopmeut agramemt for Volterra
Subdivision AND create a haw developnerlt agreement for a mixed
usdoomme3+cia1 eanployrneut area, by Primeland D~ Company,
LLP.
1. SIJ1VIlbIARY DESCRIPTION OF APPLICAN'1"$ RgQDBST
The applicant, Primeland Devclopr>saat Company. LLP has applied for a Rcione (RZ} of 93.64 acres
from L-0 (Iamited Officx) and R~L {Medium Loa-Density Residehtial} to C-G (Gcmexal Retail and
Service Comme~r+cialx25.10 aca+es), L-0 (Limited Offioex10.70 ea+ee), C-C (Casz~unity
Businassx37.84 aca+es} and R 15 (Mediwn-ugh; Deity 1Lepdeotial)(20.0 saes). Cvua~tly, the
applicant bas submitted a development agt+eemwt modiscaaom to amend the curt+rnt DA governing
the site and requests a new development art subject to the proposed mixed use employment
~- T~ tatai stns ~' development is approximately 111 scree. A portion of C-G zoned
Property (appr+oadmately 1 S aches irr the rrorthw~est c~arrrer of XcMi11a~ m~ Ten ~k) is twt part of
the rezone request; however, that property is anbjeat to the new DA requested by the appiicaDd,
A concgrtusi dement plan has bas submitted showing how the site may develop as a large
scale business Bark (34 buildings sad Z pad sites ~ the arultl~a>»ity development) consisting
of a private hospital or other 1ffige employer, large box and small scale retail, professional and
P~ ~, restauratrts, mnara$ care facility and 50-75 unit rmtlti~amtily dCVelopmeat.
hi 2005, the subject property was saaaxed and zoned, prdimiaatily platted,, and approved as Voherra
Subdivision; a mixed use planned deveMpment with $ nlix of counmer~cisl, offi~oe and residential uses.
The site is batted on the nrnthvvest corner of W. McMillan Road and N. Ten Mile Road ate extaads
north to the mid mile of N. Tea Mile Road.
On August 14, 2008, the Planning sad Z,omng Commission recx-mmended approval of a
Comprehensive Plan Map Al7nendmmt application to a firtut+e land use designation for
approximately 94 aczrrs from Mediwm Der R1 do Mixed Use C~amity. Ap~oval of
the subject applications is corrtmgeat upon City Couuicii approval ofCPA-08-003.
VMtase Minced Use RZ-08-004and MDA-0B-000 PAGE 1
CITY OF MERIDIAN PI,ANNAI(i DBPAR71~N3' SfAFP itFpORT FOR THE HBARIIdf3 DATE OF NOVprIDIIt ?3, ZOOt
2. SUMMARY RECOMMLNDATION
The subject applicatiauas (RZrO$-OQ4 8t NIDA-08-004) were submitted w the Plarmin8 De~rtm~t
for concurn~t review. Staff has provided a ddailed analysis of the t+equestcd RZ and NIDA
applic~ions below. Shat[ recomaa~ approval of R7.~8.004 aad MDA-08-O8Z tar Volterra
Mized use rroJect; as preseated ie the Stsft Report for the hanio8 date of October Z, 2008,
based oa the Fbdiap of Fs~ct as lbted i, Flit D aad sstbject to- tLe ~itiogs 1Wed la
Ezi~it B. Note: The Colston is nat r+eigetfred to mQJlae a reconuirendatioa o~- the DeNeloprrent
A,gytee~nent nwd{fuaalhton ~gtaest (~A-08-002).
G
Vola~ra Mfxod IJae-RZ-08-004 and MDMOS-002 PAGE 2
CITY OF MERIDIAN PI,ANNIN(i DEPARTMENT STAFF REPORT FOR TtB }iEARIN(i DATE OF NOVEIbB~ER 25, 2008
3. PROPOSED MOTION
Approval
Alta considering ail staff, applicant sad public testimony, I move to approve File Numbers RZ-0B-
004 sad MDA-08-002 as P in the staff report fns the hearing date of November 25, 2008, with
the following modifications: (add eery pmoposed ~g~~~,)
Denial
Alta coa~sidetiag all sta$ apps and public may, I move to ~Y Filer Numbers RZ-08-004
and MDA-08-0OZ, as presa~ted during the l~ea:iag on November 2S, 2008, for tlLe following reasons:
(You sho~ild state specdfic reasons for denial of the renone.)
Contlnaance
I move to continue File Numbers RZ-08-004 and 1VIDA-08-002 to the heaJring date of (insert
continued hearixtg date here) so the Plaoming Depattpaeut can theft cooditi~ for approval (you
should state amy other reasons for ).
4. APPLICATION AND PROPERTY FACTS
a. Site Addnss/iocation:
The site is ganeaally located on the noathwest coreur of N.-Tai Mile Road std W. McMillan
Road
5outheast'/+ of Section 27, Township 4 North, Range 1 West
b. Owners:
Primeiand Development Company, LLP
3120 W. Bdltowa Drive, Suite 100
Meridian, Idaho 83646
c. Applicant:
sates as Owner
d. Rive:
Chuck Christensen, Quadratrt Consulting, Inc.
1904 w. overland Road
Boise, Idaho 83705
e. Present Zoning: R-4 and L-0
f. Present Caaoprehensive Plan Land Use Map Desigaetion: Medium Density Reside~ial (A
request to change appraximately 94 acres front Me~ditun Density jtpj ~p ~ Use-
Commtmity designapton Jtas been farn~d on to City Council witJt a Commission
recommendation for appmwal.)
& Applicant's Statamem/Justifc;ation (t+efa~ submittal material): "The applicant submitted an
application to tlx City to reclaseify- approximately 94 ages of this property from Medium Density
Residential to Mixed Use -Community. This appliCatiott codes to ftttther itnpletneut tjm Concept
plan for these 94 sans by rceoning the property from R.4 and L-0 to a variety of zoning
clessifics;tion~s chat are appropriate for a Mixed Use-Comn~uaity consitre plan desi~tion,
T~ classifications ar+a C-G (cienerat Retail and Service Commtercial), L-0
(Limited Office), C-C (Comunanity Busiaenss) and R-15 (Medium-High Density Residential).
Volterra Mixed Usc RZ-08-004 and MDA,,•pg.ppz PAGE 3
CrI'Y OF l1~ffiRIDIAN PLANNING DEAAR't]bIF.NT STAFF REPORT FOR'I}1B f1BARIIdG DATE OF NOVEMBER 25, 2006
The e~ncept p~ for the sate includes appmoxim,atdY 35 acres of C-C area. This area forms the
core of the site. This will be Voherra's Business Park employment centar. The Vohexra Business
Park already inchides about 15 sexes of C-G ar+ea at the; northwest ewer of McMillan aid Tea
Roads, which is not part of this application. The C-G poation ~,~, is approximately
25 acres and slarolmds the existing C-0 area and ezteznds to the north along Ten Mile Road. The
existing Volterra Subdivisi~ includca 10 aexra of L-0 area that ~ t~ existing GG
area. The oonexpt phm easemially shins this area to the northern botmdary of the pr+ojext to
provide a transitional buffiar/use betwan the futtme residential to the north and the C-CJC~
areas. T1m proposed R 15 zoce is envisioned to be used for armor/ass~ated living €acility a~adlor
skilled musing facility. This area also acts as a transitional use far the psnposed residential areas
to flue west.
T~ ProP~ i~~ ~ designed as a pedestrian friendly, campus style p~joct. The proposed
zoning classi$cations far Volterra Basirtess Panic will help imQlarne~t the sita's comprehensive
Plan d~ation of Mined Use-Commnnitjr. It will also hdp the arcs
ometprise corridor and provide Meridian residents with mop as a business
narratrve for more infurraation. 1imnEy age j°~ M See applicant's
S. PROCESS FACTS
a. The subject application will in fact ooostitate a redone as d~mined by City Ordinance. By
reason of the provisions of rho Unified Desvdoponexlt Coda Title 11, Chapter 5, a public
i$ required before the Commission and City Council on this matter. hearing
b. The snbjecx application will, in fad, constitute a developumerot ~~ as
de~a:oonned by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a
public hearing is required before the City Council on this matter.
c. Newspaper notifications published an: Sgrteanbex 1, sad Septanber 15, 2008 (Commission);
2
d. Radius notices; mailed to properties within 300 feet on: August 22, 2008 (Commmission};
10.2008 (C#v Cep
a Posted notice on sits by: September 19.2008 {Comm>ssion); Ober 21.2 08 (Gifu
6. LAND USE .
a. Existing band Use(s): The subject property is cturontty vacant agriealltural land.
b. Description of Charaexer of Surrounding Aran: The S,nTOUading area is clnrently agricuttlrral in
~~ a~g the eastern potion of site thane is single family resieiential.
c. Adjacent Land Use and Zoning
1. North: Futur+c singlo-famdy, Bainbridge Subdivision; zoned R-8
2. Fast: Mixal~rse, Veaona Subdivision, zoned R-8, L-0 and C-G
3. South: Mixed-use, Volteara South, coned GG sad R~
4. West: Future singlo-family, Volterra North and Agricultural pa+opetty; zoned R-4 and RUT
(~ ~~)
d History of Previous Actions: In 2005, the subject property was annexed and zoned (AZ-05-040),
prrhmmanly platted (PP-05-039), and approved as a mix use plsmned development for
commercial, office a~ single i~nily nsiddmal caned Volterra Subdivision (CUP-05-041). As
Volterra Mixed Use RZ~fkB-004and MDA-08-002 PAdE 4
CtIY OF MBitmIAN PI.AMVINO DE~AR7'M@1'I' STAFF IL~ORT Fait Ttt~ HBARpVG DATE OF NOVEirIDFR 23, 2008
part of the a~onptation approval, the site was subject to a DA (imtrument # 106034786). On
August 14, 2008, the P'lanaiag and Zoning Conrmisaioa a+aded
Compr~msive Plan Map Amaodtinmt ~ of a
approximately 94 ages from M application to change a liutrnre hrnd.use desigmtion for
edirunn Density Residential to Mated Uso- Community, .
°- Exiatimg Coi>straints and 4pporhraities:
1. Public Works
Location of sewea: N Ten Mile road dt Vif McMfllau Road,
Locatioa of water: N Ten Mile road ,6t W McMillen Road,
2. Vegdation: 'Ibis site is primarily used for g+owing agricuituml .
3. Flood Blain: This property is not withia s floodway or floodglain.
4. Crooals/Ditches Irrigation: The McMillan Lataal taansverees through the property.
5. Hazards: Staff is not aware of any poteatiat hazards on this sine.
b. Proposed Zoning; R-15, L-O, C-C dt C-G
7. Proposed Compr+ehd~sive Plan Pwdu~e Land Use Map Designation: Mixed Use -Community
8. Size of Property: 93.64 acres
£ Summary of Proposed Stroets and/or Aeneas (private Public, common drive, mac.): Oa the
~ ~ d~ plan, the applicant is alwwing two larll accxas points aril one
right-inJright-rntt access point on N. Tan Road and throe full ace~a points on W. Mc~Irllan Road.
Two of the three access points to N. Tea Mile Road sail one soda point to W. McMillan Road
are driveways for the general ~ por4io~n of the davelopma'at. The remainder of the
access points arc proposed as public streets.
7. CUMMENTS 11~EETING
On August 29, 2008, Planniag Staff held an agency comments nscdiag. The agencies and
deparbonents gr+eseut inchuie: Meridian Fire Departma~t, Meridian Public Worl~ Depaurtment,
Sanitary Service Co~any, sail Meridian Police Departmast. Staff has included all comments and
recomuuended actions in the attached Exhibit B. Staff has included all and recendod
actions and provisions for the neon development agrn~rt attached in Exhibit B.
8. COMPREHENSIVE PT,AN
This property is currently designated "Mediirnt Density Rial" oa the Cotnpn~sive Plan
Future Land Use Map. On August I4, 2008, the Commission focwerdad oar a reoommardation for
approval tD the City Cain to change the future land rrse map $am a Medium Density Residential
designation to a Mixed Use -Community dion {sa CpA-08-003). Therafome, Staff has
analyzed the subject request using the Mixed Use•Community grideliaas, not the Medium Density
Residential guidelines. Appr+nval of the subject applit~tions are subject to City Council appa+nval of
CPA-08-003.
The purpose of the Mixed Use areas, as defned on page 102 of the C.onaprohmsive Plem, is as
follows, "There era five srtb-cu~ories of the Mixed Use desigastiaa. Geaeaaliy, the designation wr~l
provide for a combination of compatible land uses that are typically devdopod under a master err
conceptual glen. The purpose of this designation is to ideffiify key areas which arc either iafiil in
nature or .situated in highly visible or transitiomag areas of the city where innovative and flexible
design opportunities are enooutaged. The intent of this deaigratioa is to oi`.£~, the davelvper a groatex
degree of design and use fle,xibitity."
Volterra Mixed Use RZ-08-004 and MDA-OS-OOQ PAGE 5
CRY OF MBRIDIMI PLANNHVG DP.tARTMFNi STAFF RBPOiRT FOB TH6 HEARIIdD DATE OF NpVE~R 2S, 2008
The pending `~i~iixed Use - community" de~gnatioa auowa ~ to 25 acxes of noon-residential Hats, -sP
to 200,000 square fxt of non~eaidGatiai building area and ~ daositias of 3 to 15 dwelling
writs to the acre. va Mined Use - Comm~uaity areas that are not Neighbodrood Centers, over 25 acres
of nan~csideatial oats shall be permitted through the CUP process. Pa the ooaceptual development
Plan. the site may dsvdop as a large scale business park consisting of a private hospital or other large
emp~, large box and small sole retail, pr+ofessioaal sad personal sarviees, rs, musing
care ~rtS'sad mould-family dev~elap~. The concept p>,aa ~ 18.70 acx+es of office area
(approved with the PD) along the northmn boundarl, arra to buffer the fide residential weer to the
north. Of the t+emaining 85 acres, ZO acne is atpected to develop with a SO-75 unit malti-family
devclopmseent and a nursing care facility. The remaining 62.94 acx+es is eaptctod to develop as an
employmetrt tenter with the associated support ones (~, ~ p~ savic~ ~,) Staff
believes the applicatiQao~ is geuatally consistent with tlu Mined Use~Co~nmity deaigaation proposod
for the property.
Idaho Code 67-6508 states that "the plan shall consider previous and egg oonditioas, treads,
desirable goals and objectives, or desirable firtur~e ~tuatioas fns tech planning ooa~poncs~." Staff has
reviewed the subject RZ application and offims the analysis sad reoo~dations o~tained herein
for the Commission and the City Council's eo~idatation. Please see Exhibit D fns detailed analysis
of the rezprired findings fns a r+e¢oae.
Staff finds the following Goals, Objectives, sad Ac~rt items cooatained is the 2002 Ceenprahtnsive
Plan to be applicable to this appIiectioa (sta,~Q`'analysis fs in italics below policy}:
Chapter VII (age 103), Bullet 8 "All muted use projects shall be dir+ectiy accessible to
neighborhoods within the section by both velyiciae and pedestrians"
The appliearnt has subsnttted a concept plan illusdlutlttg the alig~ent oj'praposed roads and
driveways with existing and future roadways and dtfi+eraays. In addition, the rpplicant is showing
the extension of roadways to the north (Bainbridge).for vehicular ewr~recdvity. The Meridian
Pathways Plan depicts a pathway tra,-.sv~ersi>;g tlt~+attgh the property. The applicaant is Pm'i~g
to install thfs pathway and connect b the exlsti»g pathway which is terminated at the northwest
corner of the Verona Subdivision located on the east side of Ten Mile Road In addition, the
internal pathwrtys are proposed through out the development that should provide future
ro~~h' within ~ de~"et ~d the ,1 irt+a+e residential to the west and north. Sta„~' is
srq~portive of the pedesbian and vehicular eonnedivity as proposed
• Chapter VII (page 102). Bullet S, "Where the project is developod ac~jacant to low or medium
density residential uses, a trsasrtioaal wee is eneoaraged."
The subject site is located a~acent to Land that is destg~ed for meduem density residenBal uses.
On the submitted concept plan; the appliarnt is pa+oposing Id transition between the mix of uses
within the development and the medium density residential m the north and west, O,,Q'ice uses are
proposed along the nortlitrre boundary and r+esidendal uses (rupaing care facility and multi-
family) areProPased along she western boundary. ,'believes die oppliaant has done a nice job
of bi~`ering the residential uses from the more intense conunercial uses located at the corner of
Ten Mile Road and M~llan Road.
• Chapter V, Goal 1, Objective A, Action 17 -Coordinate with ACi~ to improve traffic flow and
minimize vehicle time spent idling and accelerating.
The applicant is currently constructing imprvvemetts at the intersection of Ten Mile Road and
McMillan Road including a new signal and turn lanes, and cbnsbuctton is scheduled for
Volberia Mixed Use RZ-(?8-004 anti MDA-0-002 PAGE 6
CITY OF MERIDIAN Pt.AIVNIN(} DEPAk1~r STAFF RBPOItT PpR'fI~ EIEARIIQQ DA'L'E OF NOVEMBER 25.2008
csompletion in Novenrber,10U8 ACID will reimbrose the developer for these improv~emerets, but
without this Public/private pae7nership the consbvction of this intersection would not occur
within the span of the adopted Ffve Year Wor1c ProgranR
Chapter V, Goal III, Objective D, Action S- Raluire all oo~nasrcia! ~ >rial ~ to
install and maintain Landscaping.
A ~S foot wide landscape street bu,8er will bye r+egedr>ad along Ten Mile Road arul Mc~llan Read
The Proposed collector str>a~ will requiroe a 20-foot wide la~Cgpe briers in acoordanc~e with
the standm'ds Ilsted in UDC 11-3B-7. Internal paring lot landa"aping will also be requir+eat in
accordance widr the standards listed in UDC 11-38-8
• Chapter VI, Goal II, Objex~iv+e A, Action 6 - Rego atr~ be~,wexu subdivisions at
e intervals to co~ivity sod bettri traffic flaw.
~ ~ ~* ProP~inVS two stub streets m the north which should provide future connectivity
with the approaed Bainbridge Sbbdivision to the north of dais site.
• Chapter VII, Goal III, Objective A, Aadion 1 (page; l1l) - Ensure that adoquate public services,
~~g trensportatiau, itu eaiating and futot+tr deivdcptn~t are provided,
City services are currently availarble to the subjectProP~'• The ~ will hie responsible to
design and construct any new ir~rasdticture needed to supynort the proposed development.
• a ~' C'o~ N- Enc~t>rage u usex to nsinitn~e conflicts and maximize use of
Land.
This area of the CYty is predominantly residential in natra,e Hoeeever the concept plan transitions
well betw~eerr residential and o,,~ce uses to the more intense contrtaetciQl uses proposed at the
corner and internal ~ the development. In addition, open space amenities are provided
throughout the development to Provide interconnediviry. S1rq~''brlievps the per+oposed deHeelopment
would be compatible with the stpr~veaeding residential neighborhoods.
Chapter VII, Goal N, Objective D, Action 2 -Restrict curb ctrta sect access points on collectccs
and arterial streets.
Access points proposed with thts application align with eadstbeg and future access Points
Furthermore, the applicant has proposed a streeet layout that provides future caonnectivity with the
residential to north and west of the site. Said street layouts are generally caonsistent with the
Volterra ,Subdivision approved in 2ADS.
• Chaptex V1I, Goal I, Objextivc B, Action 5 (page 109) -Locate nvw caanmannity comn~cial
areas on arterials or callactots nessr resideattiai at+eas in s~ a way as to complen>ent with
adjoining residential areas.
A portion of this site. at the corner of McA~tllme Road arul Ten Mile Road. wns approved for
o„~"ice and commercial development in 2005..1t drat time flee applicant did not have a clear vision
for how the site would develop. Now, the applicant is proposing to develop ~mately Ill
acre Business Park to be supported with a mix of residential uses, commercial uses arut o,,~ices
uses The future residential along the west and north boundaries will be br~'ered by o,,~rce and
residential uses. In addi#on, the plac~enent of the bealdings on dte site ha-ae b~eere designed to
eliminate a sea of parking to be seen from the a~oining arterials. Open apace amenities are
Proposed with the deveelopment for futons enrplvyees in this area to use during bredE times.
VolOara Mind Uses R7rA8-004 and Mr}A.pg.pp2 PAGE ?
CfIY OF MERIDUN pLANNIIVG DBPAR'I7NF.IVT STAFF RFtORT FOR TIiB DARING AA'I8 OF NOVEMBER 23, 2W8
Furthermore, the appKoarrt is extending pathways into the deHelopne~u to add the pedesdian
connectivity. S'ta„8''bellewsche applicant has put considerable tho~rt into the design of this mix
use development and bekewss it would com1vlement the srtn+orwtditrg reside-uial neighborhoods.
• Chapter VI Coal V. Objective A, Action 2: Insurethat high-quality amagraocy care, primary,
outpatient, Dome and lo~term care and o~ types of health ear+e are provided is the oommtmity.
The submitted site plan depicts a nursbtg ~ f~uh, and a primte hospital on the site. Stu,Q`'
believes these uses would add quality he~al~li care in this area of the Ctt~,.
Sta,,~'reconrnrends that the Commission and Council rely on any verbal or written testimony that Wray be
provided at the public hearing when determining if the applicant's development request is appropriate for
this properly,
9. i~'IED DEVELOPMENT CODE
a. C.omm~~raai Schedule of Use Control: UDC 11 2B-Z lists uses that are priincipal Pamiued (P),
aeoessory (A), and conditional (C) or prohibited (-} uses within the ptvposed L-0, C~ and C-C
zoning districts.
b. Purpose Stateotent of ?.are (UDC 11 2B-1): The pmp~e of the ca~rpocial districts is to provide
for the retail and service needs of the oo~mity in aooord with the Meridian Co~reheasive
Plaa. Furor (4} districts are deaigoatod which differ is the size and scale of ooh straw
accommodated iro the district, the scale and mix of allowed oommerciai aces, and tlm location of
the district in proximity to streets sad highways.
c. Dimensional standards far the L-0, C-C and C-G zoning districts, per UDC Table I1 2B-3:
~~A~'hcahle dcv of the
- -~-~. -
~~` Dinaeasional Standards' ` C•N C-C C-G
L-0
M-fi H E
r
.~_ .,
Front setback (in feet) _
+
_. ~
~... ..a_ .~,..
~
Rear setback
in foot) .~.
~.. ~~~.~ 0 ._ -
Interior side setback (m feet)
~._.. w .. ,. ~. ~.....~,.,~
___ e .,... 0 ~ 10/S
Str+e~ few ...___.___
_ _ . _._
- __---
`
Local 10
Collator
„ .20
Arteayal 25
Entryway cwrridor
..._ gs
~a7ntastate
~. _ ~ ___.____..,.. ,..~._,.. Sp
_~...~..~,.~....___~r ... ___-.._._
feet buffer to resrdarUsi uses (ia ~
24 1
~
~25 ~ w,,.. ~_ __
20/i ~ . __
Sea note
~
:Maximum bu>idwg height (in feet) _
,._~.. 35
... SO ~ w _~ J 35,~..i °J
Maximum building size vvithosrt design
-
standard approval as set forth in section ~
'7,500
~
v
~
64,000
200,000 .
10,000 Sue note 4
of this
_ feex~
,.~~_ ..-...titie(m,aquare F
..._ .. a_ .
,
.f. __ __~..
Y~g ~ ~ ' 3. article C. "Off Street Parking And
,a4 ", of this title
Voltara Mixed Use RZ-08-UQ4 ~d MDA-QS-002 p~E 8
Cr1Y OF MOt~IAN Pi.l-1JNHN(i DP.PAR'rM~ir STAFF REPORT FOR Tf~ HBARINO DATE OF NOVEtv~BR 25, 2008
Notes:
1. All setbacks shall be measured fioe3 the ultimate right of way for the stroct classi5cation as
shown an the
2. Minim~mn setback yonl allo~with nvsa of exishing residenrtial structure.
3. Where the adjacart property is vaunt, tlu director shall datetminc the ac~acemt properly
desigoarioa based on the oornprehdusive ply designatoa.
4. Subject to design guidelines in teen mile inteerhsnge specific sire plan.
d. Residential Schedule of Use Control: UDC Table 11 7A 2 lisq ~ilti_f~y ~
Wareing care facilities as conditional ~ in an R 15 zoning district.
e. Purpoare Statement of Zone: The purpose of the residential districxs is to provide for a nmge of
housing des comsisteart with the Meridian Comp~atisive Plea. Carmedion to the City
of Meridian wares and sewer systems is a nquirematt for all residential districts. Resideua4ial
districts are distinguished by the allowable deosisy of dwelling uairs per acre and oonresponding
housing types that can be aceonmmodated within the dwsity ~
10. ANALYSES
a. Analysis of Fads Leading to Staff Recommendation
REZONE: The applicant is pr+aposittg to rezone 93.64 acres frara R-4 and L-0 zoning districts to
the R l5, L-O, C-C and C-G zoning districts. A majority of the site is slated for large scale mixed
ttse developnnent. On August 14, 2008 the Planning and Zoning Commission acted on a
Co~rehensive Plen Map Am~ent to change approximately 94 ages i~ the Medium Density
Residential designation to the Mixed UserCommamiry designation. It is important to note the
~ elopment -0p gp~os3e}d for this site is oarrtia~gent upon City Council ap~oval of the applicact's CPA
The annexation legal dtion prepared by pets W. Lourasbury, PLS, dated 8J05/08 and submitted
with the application, is accurate and meets the requireme~s of the Ciry of Meridian sad State Tax
Commission.
Conceptual Site Plan: The applicsmt submitted a conceptual site plan showing how the property
may develop in the future as a large scale business park (apprwaiaerttely,111 acres with 34 buildings
and 2 pad sites excluding the multi family developseent) cons~iag of a private ho~ital or other
large eanployer, large and small scale retail, professiaral and personal services. restffiaaots, hold, a
auraiag cars facility and a 50-75 omit mufti-family developrneffi. NpTE.• the ,riulti-family
developnae»t and nursing care faciGtty require CUP approvial prior to establishing the use on the
site.
A portion of the subject site was appaoved for 25 acres of commercial and office uses is 2005 under
a mined use Planned development. The concept Plea relocates 10.70 acres of olFicxi (Lr0 zone} along
the northern boundary area to baffer titre firttn+e residential uses to the north Of the remaining 85
acres, 20 acres (R lS zone) are expected to develop with a50-75 unit multi-family devdopmeat and
a nursing care facility. The remaining 62.94 acres (GC and C-G zones) are expected td develop as
an employment center with tilt associated support uses (r+atar~, n~in~ts, personal, services, hotel,
modical facility exc.}. The site is expected to house ~~y 1.4 million aquart fea# of noa-
residential and residential uses on the site.
Vohaxa Mixed Use RZ~08-004 wed MDA-08-002 PAGE 4
CRY OF MERmIAN PLAkQJHdO DEPAICI'M@rr' S!'AFF R$1'OStT PbR'I!~ lIEARIIJG DATE OF NOVEh03~t 25.2008
Access to tyis development becomes a major factor for a development of this size. The applicant is
proposing to construct taro fiill seems points and oa~e right-in/right-out access point on w. McMillsa
Road and the9ee full access points oa N. Ten Mile Read. Two of the three access points to N. Ten
Mile Road and one access point to W. McA+iillaa Road are driveways for the general oommea+cial
portion of the development. The Mat~iast Poilke Departoseat has mom, world like the
acce~ pblat ~ N. Tea Mik gust Borth of McMiliaa Road he res<tktad to a right-iNrlg4t-oat
access as on the ssbsritted pi[sa. Tye remai~odcr of tye access points (three tote!) are
ProP~ ~ Pub stt~oets (roadways) sad all access points align with iidut+e earl existing roadways
and driveways tyat surround the sift.
The public streets (roadways) depicted as the concept plan {three oorth/soutle r+nodw~ays and ton
eastfivest roadways) provide canaearvity and a tra~itioa to the frrtur~e rrsidergial development to
the north aad~west. >n addition, theses roadways also provide intamal conuoctivity which limits the
need for additional access poinns to the arterial streets. Further, the parking sad drive aisles gave
been designed to reduce vayiexilar trips on the adjacout roadways sad helps enhance the pedestrian
envii+onmart of the developnnt. It i$ important to note some of the pad sites/ buildings do not front
on any roadways; tlurefea~e cross access should be required is the once development occurs
on the site.
l?a the submitted concept plan, the applicant has provided pedestrian ootmoctivity through out the
proposed develoP~ment. Five plaza areas are depicted as the plea and all are linked with a
meandering pathway. Tye latest of this design is to reduce the number of vehicle trips generated sod
encoarsge pedestrian and cycling traffic within the devdopment.
Bnadiag Elevations: Tye applicsag has submitted photos illustrating yew fitriu+e buildings may be
constituted oa the sits These photos are repmesmta~ve of how the applicant proposes to market the
detrolopmeait and the types of uses proposal far the development. The photos include exa~les of
large box retail, hazel, medical facilities (assisted tivitag, ,rlCiiled nursing, and health caste), retail and
general business/office bwldings.
Tye building materials shaven in these photos appear to be ~ of high quality materials.
Building materials include split face block stucco, stone, wood, and brick. Design features include
highlighted entr$nces, color variation, modulatia~n in the build~i~ag facades, substamRial Blazing,
~Y~6 P heights and roofline modulation with diffa+ent roof styles (pitched and flat). Staff is
supportive of the submittal photos submitted with this boa and firda+e buildings should
gY enmP1Y ~~ these photoaJmatarisls per the proposed DA
Meaidisa PathR'sYs Master Phus: The Meridian, Master Pathway Plaa yes identified a pathway to
transvetae though the northern portion of the p~naperty. Tyis portion of the pathway is part of the
Meridian hoop Pathway and is to be cornstnrcted by devdopment, basal oa the tact of the pathway
plan. The applicatiat is proposing to extend the patharay through the site alongtheeast/west public
street to the norty which links to the firttit+e pads site to the west of this site. Further, a pathway is
proposed from Mcil+lillaa Road and irrutsvessas n~otth and turns west though the residential portion of
rye deveaopmeat end comrxts to the future park site in the residential arcs of Volterra ss we11. Staff
believes the applicant yes and the intent of the Pathways plan sad is supportive of the pathway
location as proposed however; the appficatrt should coordinate with the Parks Department to
facilitate the actual design and exact locat~n of the pathavays.
I'sr~eatp~ Ulm P~~g ~ ProP~Y~ ~ applicant will be required to install the required
landscape buffers. Tye internal parlang let landscaping negniremeats will be assessed at t~C
submittal; however, the applicant may submit for CZC without Platting the property. All of the
Vohara Mixed Use RZ-08.004 sad MDA-08-002 PAGE 10
C11Y OF MERIDIAN PLANNWC, DEl'A1tTMENT S['AFF>REpORT FiOR TE>E EIBARIi~IG DATE OF NOV~g 25, 2006
~ ~~1~8 ~~ 8 patreel will be ngttired to be installed ptlOI t0 occupancy of the
burldnig.
Ccrd~cate of Zoairtg ~ tC~~ The applican{ shall be responsiblC t0 ObtBin a CZC
permit from the Planning Departmeat for all new consfirsytion on the site, prior to issllanee of
building pcamits.
DEVELOPMENT A~%g' (DA) MODIFICATION: As mentioned earlier, s DA was
requited when the subject site was annrxed into the City. The Dever cxn~tly
8'ov~g d'~ of this sift was noorded for Voitara 3ubdivisioa an March 7, 2006, as
Insttvnnent No. 106t?34786, records of Ada County ltlaha. The applicant is proposing a first
amendment to the DA by g Simon 3 ~~ ~ ~ 3.4 "Property"
excluding the Volterra Mixed Use properties (lll aus7sr as shown with the a~lled exhibits} of the
rawr+ded Voherra DA. Tire es ~ ~ std wit ~P tied ~ the v DA
ahoaild be repLce wlti a new lepi p asrd e=iiirit map rekr~g tke remaining
area/acrage tiaR wID remain ssib,~eet b tie VoUara DA. Said and
descriptlons sbosiid indade tie r+mgd~ R-4 coned prroperty siorti of McMigan sad the
Vok~ra Ssuth property MpUed soati ~ Mc1MElilrrn std shawW be provided to stab prior to
Idle City Coss harrhtrg. Threw a new DA should be drafted ~ development of the 111
acxe mixed use area of the projoct.
The applicant has provided staff with a ~ desaription and exhibit ~p depictiug the
area subject to the new daveiop~ agrea~rt ate ~ Fathibit AS. The original~Voltara
Projocx was .approved with approximately 54 apes of non-resid~ial uses and includes the
southwest comer of McMillan Road and Ten Mile Road (Vohrna South). The new project
incorporates approximately 111 acne with a greater variety of uses. Staff is s~rpportive of the
applicants requast far a new DA, as the proposed pa+njeet is subs<antiaily different frrom what was
approvod in 2005.
Prior to r+rxone ordinance approval, a DA and a DA amendment shall be entered into between the
City of Meridian, the property owner(s) at the time of ordinance adoption, and the davrdop~. If the
Commission or Cavncil believe that additional ~ diffetarrt DA provisions then are provided herein
are necessary to ensue that this property ss developed b4 a fashion that is cxnsisteat with the
Comprehensive Plan and does not ~o~atively impact nmrby proP~m. Staff noornmends a clear
outline of the oommitmeats of the developer be made. The applicsmt shall vontacx the City Attorney
Bill Nary, at 898-1506, within 12 months of City Council approval to initiate this process. please be
sdvised a S3A3.00 free will regdred b proaeas a sew developmrast a~+essnent.
Staff recommends that the Cotimcii direct the City's Legal Depalrtment to draft modifications to the
rocorcied develop~noont agroenseig far the Voitara Snbdivirdon as follows:
• Section 3 - Definitions
ModNy sob-secNo~ot 3A "Property" to remove tie datcribed properties stdreied is A of
ffie original DA and replace wits fire stew legal ter sad eatiibit map a1#rtched as E:lribit
lteri'a Dt A ~(Iastromeat # 0603 a~ dart w~ rmsis spbjeet to the e~igg
The sesv DA fo3r tie 111 acres shaII include, at midanAar, tie B:
1. All future development of the subjoct property shall comply with City of Meridian
ordinances in effect at flu time of devalopaoscat and be genaraily consistent with the
Volterra Mixed LJae RZ-0~-004and MDA-08-002 PAGE 11
Cfl'Y OF ~RNiAN Pi.,ANNtNO DBPARTMFNf STAFF R~ORT FOR'1~ I~.ARtNO DATE OF NOVEI1~Ert 25, 2008
conceptual site plan aabmittod with this aPP » detamiaed by the Planning
Director.
2.
3. This site has an existing dev~dop®eat agreen~art, instcumart #106034786.. The entire
111.19 acres shall be sabjoct to s new devclopmaut amt for the Volteaa Mined Use
Project and ~v~11 no longer be sulrjed to the original Volterra DA.
4. The C-(1 zoned pmpeaty shall consist of a miniaanyn of 6 bttt with rw one building
exceeding 250,000 square feet. The marrimum allouvablenon-r+esidaatial square footage
for this portion of the davdopmamt shall be 558,000 sgaiare feet.
5. The C-C zoned ponoperty shall cAnasst of a nriainatuo4 of 1 I buildings with ~ one building
exceeding 200,000 square feet. The nmaimnm allowable ~.~~,~
for this portion of the devebpment shall be 464,000 square fed.
6. T~ L-O zoned property shall oomaiat of a mininmrm of S bm7dings with no one building
exceeding 20,000 square fed. The mexiam~m allowable ne~r+esideatial square footage for
this portion of the devdopm~art shag be 120,000 square fcat.
7. The R l S zoned property shall consist of a tnininmtm of 3 buildim~gs and a minimum
density of 8 dwelliaga/beds par acre ,and a noaxiaorma of 75 buildings provided it does zyot
exceed the density raluitemwtg of the R 15 zoning district with no arYe building
exceeding 130,000 square feet,
8. The applicant shall construct five ear4rni plaza areas and assoc~ed pdhway on the site as
garerally depicted on the oon~ceptual site plea.
9. Ail buildings on the site shall be geaetally cow in ~ with the attached
Photos (hrge box. health care, hotel, health club, 6uainess, sarior living, skilled
~aausing, ~) setbnritted with this application, as dderm~ined by the phoning Dit+ectaor.
10. The proposed non~+esidantial and real buildings shall lre constructed with high
quality nuuteriais, including but not limited to: split face block, stucco, woad and brick,
with substantial stone accents, frnn sided architeGtue: fm retail uses one side may not
require full made treatment if tbdre is acreaaing for the loading area., higdriighted main
eatranoes, stamped decorative ooacrde, flat roofs, accent aaetal roofing, composite or file
roofing materials and variations is colors, mof planes and perapd heights.
11. A minimum 2S-foot wide buffer snail be constructed along W. McMillen Road and N. Tar
Mile RAad with S-foot ddachod sidewalk. Aay futurc collector streets shat( lave a
minimum 20.foot wide landscape buffers a~a each side of the slued. Any future local
coaomaerciai streets shall have a miaimsum 10-foot wide hudscape buffer. These buffers
shall be designed ig accordance with dre stand~ds listed is UDC 11-3B-7 and shall be
constructed with platting of the property ar with the issuance of the fast building permit if
the plat has not bear recorded,
12. The applicant shall comply with all lands staadaRis descnlred in the UDC, including
but not limited to UDC 11-3B-8 which outlines the standards for parking lot ling.
13. The applicant skald be resPonsrble to obtain a Certificate of Zandng Compliance (CZC)
permit ft+omT the Phnnutng Dapartmmt parlor to all near construcxion on the subject prxrperty.
14. Any fiytu<+e signalization installed as the result of the development of this project. shall be
equipped with Opticxtm Sarsors to enstuz a safe and efficient response dry fine and
emagarcy medical service vehicles. This cost of this ir~thtion is to be borne by the
developer.
15. ]?riveway access onto Tea Mile Road just north of McMillan Road shall be designed as a
right in/riglrt-out driveway.
16. The applicant shall coadimate with tb~e Parks Departmart to facilitate the actual design
and exact location of the pathways in accordance with fire standards listed in UDC 11-3B-
8 and 11-38-12, ard the Mastrr pathways Plan, Said pat>lway shall be constrartod wdmn
the extension of the north east/west madway is constructed oa the site.
Yellers Mixed Use RZ-08-Op4 and MDA.ggppZ PAfnE 12
Cl'i'Y OF Mt~NIAN PLAtVN>Tit3 DEPAR7I~iV'r STAFF RETORT FOR THB Fff ARIIYG DATE OF NOVpKBER 2S, 2008
17.
b. Stsff's ~omme>sdatloa: Staff reoa~m~mtds app~+ovai of R7.•08-004 and I~IDA-08-002 f~
Voltrrra Mixed Use Project, as p is ~ StaffReport ~. ~ date of October 2, 2008,
based on the Findings of Fact as listed in Exhibit D and subject to the ooaditioaos listed in Exhibit B.
1~. EI~1T8
A. Drawings
1. Vicinity Map
2. Comxptuat Site plan
3. Submitted Photos
4. I.eQal DeACni„t;on and E_ 'bit 11,~>„ of i+r A_+~+ t s;n. A.e}r:~ to the Oriea~l ~"'~-lam
s• ~ Descxiption and Exhibit Map of the Ama subject to Nee Development Agroemwt
B. Agency and Departmart C
C• ~ Descriptions and Exln'bit Msp
D. Required Findings ix~ the Unified Dttielopment Code
Volterra Mixed LJse RZ-08-004 end MDA-08-002 PAQE 13
tRi'Y #' ~ ~Irt[rNII~4p D~p~1tT~!' SPAPF ' ~t ~ ~ 171A'T8 C~ 1'FOV 25 Z00~
A.
1. il"~dm~-p
F~c6i'bit A
ClfY OF IAN PLANNQdG D~A1t7'[1~Tp STAAF RBPORT!'OR'FF~ E®AR@Ki DAZE O~ NpVEl~ER 25, 2006
2. ~'o~eptual Site Plan
Exhibit A
C1TY OF MERIDIAN PI.ANNII+i(I DEPAR'1MEN"!' 8TAPF RETORT FOR TES E~ARRIQ DATE OF NOVEAIDER 25, 2006
Eacht'bit A
CI7Y OF I~RII7LhN PLANNWG DBtAR1~fP STAFF R~ORT FOR THE 1~1R1ld0 DATE OF NlOVE11~Elt 25, 2008
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F,xltibit A
CfIY C'~F I~IDIAA~ ~L.AApy~t3 il~PAA'1~' SI`l1FF 1tElOiCS t~,'i~ t~ t~78 OR 1~10aV ~. ~pp$
CiIY OF I~RIDIAN PLADINpJp DEPARTI~N'P STAFF RF3ppR1. FOR THE HL~ARIIdt3 DATE OF NOVF~ 2S, 2008
4. Legal Dctoelibtion atld Es~tbit Mae of the Armen tr, Resin ~,~h;.,rt to the Ori~..lap~4
t (Instiumanf # 10603ATRlGI
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Consultlnq.lna
Vderfra $~bdhidal Da9+elo~ AO eeteist H~
A papal of htird iethe Naefe l4 al'f~rNaebeat 5i oi'8eoliaa 34 rrd fie S+oe~Qe 14 o[8ectlor 27, Tornhip 4
Nash. Re fC 1 Weef. Bois I~fadd~q Ada C~OO~ty. ld~ sow pMioeLoty dare+7bed n lbllowK
~ coeeaar oammo. to see0oo 2a- z7, 34 iod3S ot.eia .oa ltsB,,,oia poit
~+'BI1rIIi~ itiisce aM~ the Bret Hoe ott6e I~loAh4att ib a[ Seatirr 34
Soalk 00° 52' 47• SVert 131538 bet b fie Swlheaa aoo~a oSthe Naltt %a(sidNoefrsaet Sd; fr~oe aloof fie
retRh 1Lne oteeid Nae~ ~ offb Naftaut l4
Noelh ~• OB34' Wat 2631Ai bet b dee feettweaeemer duiiNaeb 14e1'dte Naebaa 14; fesw alm8 the
WealueofaidNaelh'14att1uNarfrea 14
Nalh 00' 43' 45• Baa 132331 iotb fra 54 ooas• oammb add 8eoliaor 27 rrd 34; Twos slor8fe Waa 14s
e~fee 8bo4aa 54 edsidSeetlm 27
Noeth 00.28' 37' Bat 614.8.7 bath ba 8oitreut ootrr ofLat7. Block 2 of Bleok t1ltBetatw No.2 8ubdrivLios
as alma s eeearid i* Boak 32 atplMe ttl'e8e 1943, ieaardr otAaa cv.atx ~; Traps aha~ feeBar Hae o[
geld Lot?
Natft 00.19' 40" But 660.OD bath fee Noebeett aoos<aftrid BYok C1rtBetaee Na 2 BabtYvfoob theaw elope
fie Nafh Tire oteeid Bleak Ott Bsteow Na 2 8obiiatoe
Notb 89" LS' O]" West 126191 her brae lowir8 saidNatle Hrs
Naoth 12° 47' 37• West 20621 Feet; feeaa
Noeth i8' 2 P 16• Wat 896.71 ~ frrwe
Nato SO° Si' 36" West 89.06 her theme
Naeth 34.21' 10" Wea 79.64 teat; lease
Nae0t19"3A33•Wat11133terkftamw
NgRI ~° 34' S6• Wat X192 bet b a point on fr Weet Tire e[asid 9eotioa 17; three elotB uid live
No~00.31' 08" Hat 8T7.06lba b ehs Wast 5i oooeere[ard 8eetiat 27; ievos atoet Se BaaWatmid.swtiea
Bra ofadd 8eatioo 27
South 19' 20' IS• Bat 1649.84 bet b the oeorer at add secasa 27; feaees ooatlsidos aloaj aid BaaWest sdb
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8auft 89° 21' 10• Bra 881.40 bet; fesoe IeavioB aid Beet-Waa mid.swtior llae
9ael/o• 39'37• Wea4093S tear feoaoe
saal22.1~ 2S' W.a 336.19 deaf faepe
Sotah 06° 3T 30"Bea 612.06 ~ fieooe
Soil 01• S3' 36" Wat 1299.71 ba b apohti m the 8osl lbe airdd sadaa27; fsarx akaB add 3osth 8re
88• SS 29• Baa 186126 bath fee><OIQ1'P ~~
Said peaxl ceatess 201A8 alas mow ar lerr.
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~o • p • CcnelnreSlonAbraoae~se+t
Ex}dbit A
CRY OF MERIDIAN PI.ANAiIIdCi DEPARTMENT STAFF REPORT' FOR THE >~ARMd DA'I'S OF NOYEMBBR 23, 2008
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Crl'Y OF 1V~RlD1AN PI.APINIDIO D$pAR7MEM' STAFF REPORT POit TH8 ~ARINCi DATE OF NOYI~sBER 25, 2008
$. I,egBL DtlOri 8fld E7[}libit ~ Of tILE /41e8 tittbjtad t0 l1CW DCVCIt~1>t9QOt
~~ SIC` C~Clflt
Consulttnp. trt~.
r.~cwt, nli~rr~ox oe:
New Dardogttrest A~gtreot Area
A psr+cel of lead being a portion of a tree of larsd as described in Speaat Waeraaty Deed.
lasaomeat No.106099040. records of Ads county, Idaho, to8ahar with a pesticis ad'a trap of
land a: d~crsbed in Special w~ Daea. Taa+dnmt No. lo6a~4ot*t, reoarde ofAd^ county.
. togdhet with a portion of s tract of bind as dtsxxibed in 3papal Wastanty Dell.
lrssttsstsent No.106041244. taeoosda of Ada Coretty. idala. with a portion ad the Right.
Of-way of weal McMt'Ihus RAad and Nardi Tan 1Mtb ttoad. situated irs the Southemt ymrow of
Sectiolt 27, Towaahip 4 NaaAlt, Range ! Wei Boise Meriditst, t3ty of Meridian. AQs Ca,osty.
IdsLo move paniarlarrty dtsxribed as fatlows:
Cotmaencing at the Saxian oorttar raoaamam ~ gts~ien 27, ~ ~ and 33 of said Toweadrip and
Se taid comer being the ItOiN'f' pg ~ thrice atortg the Soul tine of said
NtxtA 88° 56'39" Wes[ for a distance of 1861.26 fbeg theasoe
North O) ° 33' S6" Bast for i distance of 1294.71 6ea therxx
North 06° 3T 30" West far a distance olb12.06 feet; shatxx
North 22° 14' 26" East for a distance of 338.89 fed; Ihmct:
North 00° 59' 37" East for a distatsoe of 409.34 feet; thence
South 89° 2I' 12"East for a distance of 1764.59 feet to Ilse ee:t grartm• comer of said Section
27; Hseace
South 00° 21' 16" Wet a distaswe af3544.39 feet w Are ilOI1VT OF HE[iDtINING;
Said pernel contains 111.19 arara more or leas.
1904 w. ovenc+eid • sobs. ~8.17t)tf • Photo pDIM JA2~00l1 • FeK {~ 3a2-0OP2 • Ernotk ttuadrmtl0~+odram.cc
~'amD~O ' ~rh0 • t~onrsucaon Mono~psment
F.xhs3it A
CFTX OF MF.ltIDiAN PI.ANLVING DEPARTl1G~+1T STAFF REPORT FOR 7TiE E®ARW(; DATE OF NOV~ER 25, 2008
:~
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VOLTERRA SU8D1V(S10N j~uodrant
F?Op(~~ •rE8 DF+£~OPaEN~ •rRtEGF.:i+ awf!
<'T'•'y' MEaiG,u 47115+Jlilrlr~, °:~;",
•!{~4 ;IX1!t?Y 54'i. ?;, * ~t7< ~-'N ~~~ :AD~1 M Qy{IIl •/ID Rd~L
SCh= p'p'U.E:T V^ 3f ?E. c~,E aaa. ~esno dIN,L+
+ .sx 3ae-x e.•';.~~ ~ n++a: s-;-ocs~ P«c-u :xro; ,,: •nr -a,
tiEt' . ~ c a,.r.:uo~tiaae-sae~sw.6•to~srwtho.+w~.:tt'u•:r
Exhibit A g
CfIY OF A~RIDtAN PLANNIN(} DEPARTII®dp STAFF RESORT f~OR TtIE I~ARII~1(i DATE OF NOYEl1®Ek 25.2006
B. Agency and Department Comments
1. PLANNINGDErARr~7'
1.1 The rrzone legal dessniptieav prepat+od by Peter W. IAUnsbu:y, PLS, dated 8/0:/88 and submitted
with the application, is accwata sari meets the roqu of thz City of Meridiem and State Tax
Commission.
1.2 Prior to rraone ordinance approval, tlu applicncot shall inter into a Develop Agreement and a
Development Agreement Modificatzom with the City. Said Development Agroesnpot shall be
signed within 12 months of the City Council's approval of this application. Please be advised a
5303.00 ice will rtgaind do pxrocem the p~ ~ ~ ~ 10 above for
analysis and rcgat+dmg the DA modific~iom to the origimtl Volta=a DA (instrument #
10603478 and the provisions subjxt to the ~, Volterra Mixed Use DA.
l.3 New legal d~ and cehibtt mP reiammir~g ~ t ~ that wlll
remain salbjed to the existlng Volterra DA shag be :sblslitbed 1o t~ prbr to the City
Cortndi leg. Said e:hibib and deecr~tias~s atiall inelside toe remaining R-4 zoned
Prep~Y ~ of Mtlt+lifYaa and the Volterra Swarth property lseated eonth ~ Mho,
2. PUSitC WOttICS DttPAeTa~+rr
2.1 Sanitary sewer service to this devdopmomt is baEng construcrood by ~ ~~ in N McMillan
Road and N Ten Mile Road. The applica~ shell install mains to and through this subdivision;
applicant shall ooordiuate main size and routing with the Public Works Depaet~meut, and execute
standard forms of easements for any manes that are roquined to provide service. cover
over sewer yaosins is three fat, if cover from top of pipe to sub-grade is leas than three feet than
alternate materials sha11 be used is c~nfarmaace of City of Meridian Public Wor]~s Deparimenfs
Stanclarri Specifications.
2.2 Water service to this site is bung camstruged by the applicant in N McMillan Road and N Ten
Mt1e Road The applicarnt shall be respamm'ble to install water memos to and though this
development, coordinate main size and routing with Public Works.
2.3 The applicant shall provide a 20.foat t for all public wster/seaa mains outside of public
right of way (include all water services and hydrants}. The marts shall not be dedicated via
the plat, but rather ~icated ovtside the plat process using the City of Meridian's standard forms.
The oasea~ant shall be graphically depicted an the pltt for refaeace purposes. Submit an
executed easeaarut (on the form available from Public Works), a legal description, which must
include the area of the easement (marlaed E7Cfi®IT Aj and as 81/2" x 11" map with bearings and
distances (mar3xd EXHlB1T B) for review. Both axhibib amp be sealed, sighed and dated by a
Professional I.arid Surveyor. DO NOT RECORD. Add a Hobe to the plat referencing this
document.
2.4 The City ofMeridian rexluires that preas~aized irrigation systeoos be supplied by a yeas roved
source of water (MCC 12-13-83). The applicant agree to nee the City of Meridian's reclaimed
waxer supply for their primary source of irxi~iom. The applicavot will enter into a development
agreement with the City of Meridian provided that the following issues are satisfactorily resolved
between the applicant and the City of Meridian; waxer vohmee and supply issues, liability for
water quality, mainRaenance of distribution systans, the of using reclaimed water on the
applicant's axistiag water rights, the homeowner's willingness to accept this type of use iuo their
neighborhood, cost, and the system being available and in opaaUion when the applicant is ready
to proceed with the project such that no delays well ocxur.
2.5 All printing structures that are required to be removed shall be prior to sigoatume on the final plat
EaL(bit B
cm of purr p~nvo ~~~ sr~ x>~~ pox ~ two nnTe of xovm~t zs, zoos
by the City Engineer.
2.6 All irrigation ditches, heeaals m C8aa1a, eachtsive of natural watera-ays, ~ crossing ~
lY~$ ~j and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigatienJdraimage diced, or lateral users association
(ditch owners). with written appmvaE or nono~val submitted to the Public Works Department.
If lateral users won approval caa't be obtainal, altarrate plans shall be reviewed and
approved by the Meridian City E prier to final plat signature.
2.7 Arty eacisting domestic welt system withia this peed shall be removed from dommtic service per
City Ordinance Section 9-1-4 and9-4-8 concoct the City of Meridian Engineering De~mt ~
(208)89&5500 for inspections of diorl of seavicxs. Wells ropy be usod for non-domestic
purposes such as landscape ~ if approved by Idaho Deprutasent of Water Resources
Conrad Robert B, Whitney at (208)3342190.
2.8 Any existing septic systems within this project shall be reanoM1-ed from servicx per City
Ordinance Sa~ion 9-1-4 and 9-4-8. Contact Central District Hearth far ~ ~
and inspoctions (208)375-5211.
29 Street signs arc to be is Place, water system shall be apprmned and activated, facing installed,
drainage lots oonsbnrctad, toad base appanved by the Ada County Higir~vay District and the Final
Plat for this subdivision shall be recorded, prier to applying for buuilding permits.
2.10 A letter of eradit or cash suroty in t~ amount of 11094 will be roquirod for all uncompktod
fencing, landsc~pmg, amemttea, pressurized irrigation, sanilarcy smver, water, etc., prior to
sigoshn a on the final plat.
2.11 All development imopraverr~ats, including but not limited to sewer, forcing, micxo-paths,
pressurized irrigation and landscaping shall be installed sad approved prior to obtaining
cemficates of occupancy.
2.12 Applicant shall be required to pay Public Works developiaaem plan review, and coition
inspoction fees, as determined during the plan review procem, prior to the iasuaacx of a plan
approval letter.
2.13 Applicant short be responsibly for application and cpmplianoe witir air Section 404 Permitting
that may ~ required by rite Army Corps of Enginoeas.
2.14 All grading of the site shall be perfa:mcd in confoxmsnce wish MCC 11.12-3H.
2.15 Ca~aetion test results shall be Submitted to the Meridian Building Departtrunt far all building
p~ r+cceiving eogineerod backfill, where footing would sit slap fill material.
2.16 The cegiaeer shall be required to certify that the street eoateriimy elevations are set a minimum of
3-feet above the highest established peak gra~mdwater ylevatioa. This is tD ensure that the bottom
elevation of the footings is at least 1-foot above.
2.17 The applicants design ' shall certify tiler all seepage beds out of the public right- of-way
sre installed in sccordanoe with the approved design plans. This oatiflcation must be received by
the City of Meridian Public Works Dot prior to the peojed rxeiving final approval.
2.18 At the completion of the project, the applicant shall be responsible to submit record drawings
per lire City of Meridian AutoCAD standards. These roaot+d drawiag$ mount be raxivod and
approved prior to the issuance of a cxrtifieation of oasipancy fce any attndures within the
project.
Exhibit B
CI'!'Y OF MERMAN PLANNAiCf DEPAR7l~NT STAFF FOR' HEARWa DAlE OF NOVEMBER 25,2008
3. FIRE DEPARTMENT
3.1 Acxxptaaoe of the water supply foe fine protoc~ion w>yl be by the Meridian FirID ~ and water
q~Y by ~ Maidisa water Departmeeot iior bacteria testing.
3.Z Final Approval of the 5r+e hydrant locations shall be by the Maidiaa Fire Deparmoeat.
s. Fire Hydtaats shah have the 4 rc" outld flax the main stroot or paiicing Iot aisle.
b. The Fire hydr~mt shall not face a street which does not have addresses oa it.
a -Fire hydrant markers shall be provided per Public works epecafications.
d. Fire IiydraMs shall be placed on corneas whoa spacing parmita.
e. Fire hydrants shall net have suy vertical obstructions to outlets within 10'.
£ Fire hydrants shall be placed 1$" above fimshod grade to the center of the 4 y4" outlexa.
g. Fire hydrants shall be pr+o~vidod to meet the requiremenxs of the IFC Section 5095.
L. 3hew aU Proposed or #oc aH slew aa~ additions to
bm~t witLiaa 1,000 feet of tLe prey
3.3 Any roadway gn~ta than 1 SO feet im length that is not provided with sa outlet shall be requir+ad
to have an approved turn around. Pheaityg of the project may require a temporary ~ racer
around on streets Beata than I SO' is length with ao outlet.
3.4 All entrance and internal roads and allays shell have a taming radius of 28' inside and 48' outside
radius.
3.5 All common driveways shall be straight ~ have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide and suppoat an imposed weight of ?5,000
GV W.
3.6 For all Fire Lanes Provide sigoage "No Parlang Firs I~ae".
3.7 lasttre that all yet tmdeveloped pis are nza~saaiaed $+ee of combustible vegetation.
3.8 Fire lanes, streets, and including the canopy height of mature trECS shall have a vertical
clearance of 13'6.
3.9 Olxxaticnsl 5r+e hyd~raots, temporay err panmaoent Meet signs sad axes mods with an all weather
surface erne r+egnirod before combushbte coas~ion is brought an site.
3.10 Building setbscJcs shat( be per the Indanstiorsal Bnfldiag Code £or one sad two story won.
3.1 I Comnua+cial sad ofl~ee occupancies will require a firaflaw consistent with the Intaoational Fire
Code to service the proposed project. Fire hydraaats shall be placed par Appendix D.
3.12 The fine' departr~nt requests that a~- fimn+e ~ installed as the result of the
development of thin project be equipped with Optiooan Senaara to enstu+e a safe and efficiart
by ~ and e~aelgaacy medical servicx vehicles This coat of this installation is to be
borne by the developer.
3.13 Mai~iu a separation of S' from the building to the dutnpsia euclosta+e.
3.14 Provide a Knox box eattr^y systtm 6or the caanplex prior to oocarpency.
Exhibit B
CIfY OF A+IERIDIAN PI.ANNWG Dffi~'ART[~NT STAPF R6POitT FOR Tim HBAkQ1Q DATE OF NOVt~BER 25.2008
3.1s The appficant shall walc with Planning DapattzYtmtt staff to provide an addr+ars id~fic~tion plant
and a sign which meets the requni+euseats of the City of Meridian sign ordinance at the icquirod
ions}.
3.16 The Fire Dept. has oo®oems about the abality to oddness the projett and have the addresses visible
frrnn the street which the project is addressed off o£ Please o the Addnasiag Specialist at
898-SS00 to address this conceits prim to the public haariog.
3.17 AlI aspecxs of the building systmas (~chrtiiiwg ~ sysbeous~, pr+ooesses dt s prat ices shall
be iegtrirod to damply wish the lnmanafianat Finsm Code.
3.18 AlI particns of the buildings located an this project must be within 154' of a paved surface as
measrucd arviurd the perimeter of the building.
3.19 Provide exterior egress lighting as required by the ICI Buildigg 8t Fire Codes.
3.20 There shall be a fire hydrant within 100' of all fire depattmeut oa®nectians.
3.21 Buildings over 30' in height ass rcquit+ed to have aocxss roads in aooordaaoe with The Iota~nationai
Fire Cade Appa>dix D Soclion D205.
3.22 Ct1MMERCiAL AND INDU3TBIAL - Buildings a fatalities axtxodiag 30 fat (9144mart) ~
thrco stories is height shall have at least three means of Erne apperatus aooess for eadr strnchu+e. Two
of rho access roads shall be placed a diatanoc spelt squat ~ not loss then vase half of the length of the
ovrxall diagoiwl dimeasicm of the property ar arcs to be served, nrerrau~od is a straight lime.
3.23 CO1rIIKERQAL AND l~IDUS'TTItIAL - or Mies having a gross building arcs of
more than 62,000 agttare feet (s760 m2) shall be provided with two separate and approved firo
apparatus accers roads by one half of the ~ximsma ovecali diagonal dimmsioa of the
proputy er area to be saved, measracd in a straight litre between accaaea.
Faeept3on: Projects havimg a gross building area of nP to 124,000 square feet (l 1s20 m2) that havc
a e approved fire apparattus access Woad when art burl' ga sso equipped Wmaigho~ut with
approved asrtoma>iC sprinrler systems. {Remoteness Roquirotl)
3.24 Multi FamtTy and Conoroarrial pzoga~s slsall be required to provide additiaaai 60" wide aooess poinut
to the building from the fare lase to allow for the aiov~ of maanal fine ~ e
and gurney operaions. The unobstnided bscr~ is the paiiamg ataUs shall be provided so that
burilding access is provided is such a mariner that the most remote part of a building ctsn be xrsched
with a length of 1s0' fire hflse as measured arotmd the paimoter of the building &+nm the firs lame.
Code c~laint Handicap parl~g stalls may be inclrided to assist meeting this roquiremeot. Contact
the Meridian Firs Dt~taoaat for details per 1FC Section 504.1.
4. POLICE DEPARTi4ffiVT
4.1 The proposed development shall limit lantlscapia~g shrubs and bushes to species that do riot
exceed two fat in height. Tress shall have a canopy of no less than six feet. This shall
specifically be addressed for landscaping yp against arty struc~rn+e and atom the pedestrian.
pathway.
~~ ~
Cr1Y OF Q~1tmIAN Fti.ANNINO DEPARII-~ff~Nr STAFF RRPORT FOR TIiB l~ARQ~Ip DKIB OF NOYEMBt3R 25, 2006
4.2 All pedesttiaa pathways shall be ilhmmffited with 4foot bollard style lighting err equivalent and
shall be spaced close sough together for ~tinrrous lighting of the eatitti pathway.
4.3 DrTv~y access owm Teas 1~ just raortfi ~ 11~ic~ Roan sJyaR the des~xd as a t~h~
~ .
S. PARKS DEPARTMENT
S.1 Coordinate exact pathway locations with the Parks ~
b. SANITARY SERVICES COMPANY
6.1 The proposed developnuQt shall li~nnit ~ sbrnbs and bushes to species that do not
exceed two feat is hesgbt. Tress shall have a cetbopy of no leas than six feet.
62 Prior to issuaaoe of a oatifi~tte of oonopl;~c, t>nt apples shall submit an approved site
plan from 3SC.
6.3 Waster enclosure access: Tire applicant shall pmvide drivaon ca~biftty for 6 and S arbic yard
ooataittras. Allow a noiaitrrum of b0 ft. fi+omtal clearance for such e~aa~tinaes.
6.4 'I~aaing Radios: the applicant shall provide a minimum of SO ft. turning radius.
6.5 Waste enclosure dimarsiema: Tire applicant shall provide a minimaum of 12 ft. clesasncx inside of
the arcloaure gates with the gates in the open position.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Dedicate 3S-feat of riglZt-of-way from tic cxatalin~e of McMillan Road abutting the site,
Constzuct a 5-footdetached cxmcx+atesidewalk a miaimarm of 28-fed fiom the caa~line of
McMillan Road abutting the silo.
7.2 Dedicate 48-fat of right-of-way firm the ~otedio~e of Tea Mile Road abutting the site.
Construct a 5 foot detached concrete sidewalk a miaimnwa of 41-fed firm the cecterliae of the
Tar Milc Road abutting the site.
73 Construct carte landscape is}aads on the intecxial roadway, as proposed. Provide 21-foot street
sections orr esch side of tl~e proposed ceaoter islands.
7.4 Construct 4 traffic carcles on the internal roadways, as pr+oposod. Cooadinate the design and
location of the traffic circles with District Traffitc Savicea staffi
7.5 Construct two roadways to intersect McMill:ra Read is locations oo~atart with those previously
approved with Volt~axa Subdivision in 2005.
7.6 Cos~trvct one roadway t4 intersecx Ten Mile Road in a locastiem eoosisteat whir that previously
approved with Volieaa Subdivision in 2005.
7.7 Other than, the access spocifically approved With this applimtion, dix~oct lot aaxss is prohibited to
Ten Mile Road and McMillan Road and shall be noted om the finoal plat.
7.8 Comply with all 3tamlard Conditions of Approval.
Cd[Y OF 1-+II~RIDIAN FLANNDYO DEPAR7I~M STAFF 1tE,PORT FOR THE E~ARQIQ DAZE OF NOVF~IBER 25, 2006
4.2 All Pedestrian pathways shall be ilhnainated aith 4foot bollard style lighting or equivalent and
shall be spaced close ~8h together for sous lig6tiag of the entire pathway.
4.3 Dnha7aay access ~ Ten Mile jwt notes of 11~tcMNJiai Road siadl be des~nai as a ~~
in/r~~ '•
S. PARKS DEPARTMENT
S.1 Coordinate exact pathway loeatians with the Parks Depsatment
b. SANITARY SERVICES COMPANY
b.l The proposed d~ shall limit landscspiag shr~s and bushes to species that do ~t
exceed two feet in luight. Trees shall have a ' of ryo less than six feet.
62 Prior to isstmnce of a orrtificate of comapiiancq that applicact shall submit an approved site
plan fi+om SSC.
63 Waste e~losure access: The applicant shall provide drivaon espsbdity for b and 8 cubic yard
containers. Allow a mininmum of b0 ft. fromtsl clearance for such cx~ainas.
b.4 'I~raing Radius: the applicatnt shall provide a mininmum of SO ft~ tuzaing
6.5 Waste enclosure divans: The applic~at shall provide a nmbolmum of 12 R clarcatbce inside of
the enclosure gates with the gates in the open position.
7. ADA COUNTY HI(i<HVVAY DL4TRICT
7.1 Delicate 35-feat of right~of--way from the cxnterline of McMillan Road abumi~ag the silo.
Construct a 5-fool detached c~n<xete sidewalk a minimum of 2$-feet fi+om the cxaterline of
McMillan Road abuttim~g the silo.
7.2 Dedicate 48-fat ofright-of-way Snm the ceomrline of Ten Mile Rosd abutting the site.
Construct a 5-foot detached concrete sidewallc a minimnwa of 41-feet from the ~liae of the
Ten Mile Road abutting the site.
73 Construtct canter landscape islands on the iate+ngal roadway, as proposed. Provide 21-foot strcet
sections on each aide of flee proposed cooler islands.
7.4 Construct 4 traffic carcles on the iooteanal roadways, as propoaod. Coerdinate the deffiign end
location of the traffic carclea with District Traffic Savicaa ata~
7.5 Construct two roadways to intersecx McMillan Road is locutions oonsisteut with those previously
approved with Volterra Subdivision im 2005.
7.b Consttuc~ one roadway to internees Tea Mile Read in a locatiaa consistent with that previously
approved with Volterra Subdivision in 2005.
7.7 Othex than the saxes specifically approved With this applimtion, ditez~ lot aocxss is proWbited to
Ten Mile Road and McMillan Road and shall be noted oa the final plat.
7.8 Comply with all Standard Conditions of Approval.
Fach~bit 8
CiIY OF MERIDIAN PLANNINti ABPARTMENT STAFF REPORT FOR THE ~?ARII~IO DATE OF NO'VEI~B6R 2S, 2008
CITY OF MERIDIAN Pf~1NN~ifl DEPARTMENT STAFF REPORT FOR TAE k11?ARIIJfl DATE OF NOV<~Qt 25, 200
7.2 STANDARD CONDITIONS OF APPROVAL
7.2.1 Any existing irrigation faeiliti;es shall be relocated outside of the right-~f-way.
7.2.2 Private sewer or water systetrss are prohibited froma being located within any ACRD roadway or
right-of-way.
7.23 All utility relocation croste assoaated with im~mring street fi~ontagrs abattting the site shall be borne
by the developer.
7.2.4 Replace anY 8 ~g~ ~, 8~~ and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Coastruetion Services at 387-6280 (with file
number) for details.
7.2.5 Comply with the District's Tree Platlter Width Itl~im Poly.
4.2.6 Utiiiiy street carts in psverr~t less than five yeazs old are not allowed miles approved is writing by
the District. Contact the District's Y C'oosdinatar at 387-6258 (with file numbers) for details.
7.2.7 All design and cuctioa shall be in accoedanoe with the Ada County Highway District Policy
Manual, ISPWC Standards sad approved supple, Canstnuxion Services P'm and all
applicable ACHD Ordinances unless si~ecifically waived herein. An angmeer ragistesad in the State
of Idaho shall ps+epara sad certify all ieot plane.
7.2.8 The applicant shall submit ravised pleas for staff approval, prior w issuance of building permit (~
other required permits), which incorporates any r~equirod design changes.
7.2.9 Construction, u~ and property development shall be in ~ with all applicable
requirements of the Ada Cotmdy Highway District paler to District approval for oua>pancs-.
7.2.10 Payment of applicable road impact fees are required prior to building coas~ctioa. The assessed
impact fee wrtil be based on the impact fee adiaance that is in affect at that time.
7.2.11 It is the responsibility of the applicant to verify all mcisting utilities within the right-of-way. The
applicant at no cost to ACRD shall repair eaistigg ut damaged by the applicant. The applicant
shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to brealang
ground within ACRD right-of-way. The applicant abaU eonmc~ ACID Traffic Operations 387-6190
in the event say ACHD conduits (spare err filled) are rampromiscd during any phase of cans~tion.
7.2.12 Na change in the terms and conditions of this approval shall be valid unless they arc in writing and
signed by the applicant or the applicant's suthoriaod mpses~ative and an authorized repaes~ative
of the Ada County Highway District. The burden shall be upon the applicant to obtain written
conii'umatioa of any a Grnn the Achy County Highway District.
7.2.13 Any change by the applicant is the planned use of the property which is the subject of this
applicat,ian, shall require the applicant to comply with all rules, regulations, ordinances, pleas, or
other regulatory and legal restrictions in fora at the time the appliexint or its successors is interest
advi~s the Highway District of its intent to change the planned use of the subject propeaty unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at
the time the change in nse is sought.
8. CENTRAL DISTRICT HEALTH DEPAR7MEN7'
8.1 After written approval from appropriate e~ities is submitted, we can approve this proposal for
central sewage and central water.
8.2 The following plans must be submitted to and spprovad by the Idaho Doparinreat of Health 8c
walfare, Division of F~vironmpmtaI Quality: central sewage and central water.
Exh~`bic B
Crt1' OF MERmLW PLANNWG I>EPART~t1' SfAfF REPORT FOR THE T~ARWO DATE OF NOVEb~BER 25.200
8.3 Run-0ff is not to tx+eate a mosquito-brceding p~oble.m.
8.4 Ccatral District Healtt- will require glans be submitted inr a plan review far aay: food
establishments, gcn~cery stare, beverage establishment, swimming Pools or spas and child care carter.
Exh~'bit B
t:~tx7r ot: ~.xw1Ax t+l.~-Nnln~ta nt=rAlt~eKr sTA1+~>ei~arr r+o~ ~ nA~ of rlovr~R zs, Itlt18
C. begat De~riptitms and P~cttt'bit Map
~~
^~~ 6luadront
Consutltn9, tnc,
Ov~ti $ie,'LOM Old
~- gated of land ixiag a P~ of a ttad of Iand ac wed ~ W
In~+utrsat No.'t06099040, teootds ofAda Counq, /da6O, to~peEleer ~ a tatsrety ~'
laced u deao4bed is gpecisl W~ portion ofs tract of
Y Deed, heq: Nos 1 ~~ ~' ~Y,
~. bgedter wide a poe3iOtt ofa trtect of land ~ deecre'Ued iu
~aet No. l Ofi041249, iettottb of Ada Ctstnty, Idaho` bgeth,~ ~ a
Otway of Went Mcl-diilaa Road sad North Pan lt~e ~'~ ofthe Right
s«xian 27, Tawt~ip 4 Np~, ~ 1 Wat,l3oiae ROaa. eutmtad is the Soalleeart gaatter of
Id.bo more patticalarly deaett'bed as fisllaws: ~'q' ~ of '°' Ada Coeaaty,
~ me ,antics ooens~ ooamnoo to section 27, 26, 34 aed 3s of said Towmttip and
>roI~T ~Ct theno~e Ne1~ 88°S6't9' Weal, 891.33 Del b the
Notch 88"36'29'" West, 969.93 fbet; chance { ,yid Soealh Iiae
North 01'53'56" F.ag,1299:7t Qed; thedce
North 0637'30" VUeat, 612.06 fbet: tleaace
Atorth 22'14.26' ~. 338.89 Weaee
acid teottlt lint ',09.34 feet to a point m Noeffi lute oEslid Soalheast 9 t1~ alopg
Soath 8931' 12" F.a:t, t769.S9 fact b the ~ comerof stud section 27: thetax
5oettle 0"lt • 18' West, 1738.65 feet abog the Sur line of said Section 27; raid
Eaai line
Wottlt 89'38'46" Woet, 483.1 S feet; theaeoe
623.40 het aloeeg a curve b the IeIE, said ~ ~6 a radtas ~~p ~ ~ = detq aagb of
89'17'46 std a Iona ~~ Sonth 43'42.22" blast, for adistanee of 362.20 thetece
South 4t'03'30" West, 499.73 feet to the POINT OtF REGINNIPit^s;
Said t>attcet ootdadm 93.65 actae eaa~e or kss.
~°_`
a~ na~r
".~~°
19e4 w. t~alab • tio6~. ~ b ~~y;~ ~ ~4~wetro~u.ec
F~chibit C
-1-
Cit'Y OF MBRIDIMt PW~Vp AEPARTA®Nf STAFF Rt3POli'f FOR TItF HBARMO DATE OF AiOVFMBEIt 25, 2008
^A ~UCldl"Qf1t
~~D~NOF: Conautfinq, Int.
ltapoapt 1triS -aooi~
A pareeJ of land baag a portion of s tract of land sa tkstxibed ~ ~~ Warrasny ~
Lntrnment l+io. l Oti099040r:eoords of Ada C.ouofy, Walq, oogatber ~ a p~ of a tract of
land as descn`bed in SpeciaF Wattranty ~. tnstraasaot No.106099041, taoaeda of Ada
with s poltiort of the Rt81tt~Of•Way of West ~ Raad, si>uated
of Meridian, Ada of Section 2T, Tawntitip 4 t Wes. Boise . ~yty
tmty, ldsho more p°drticgl~Y ~ibad ae 6olls+v:~
C.ormnetcing at the Sedioa corrtar eooatrtttp oo Section 27_ Z6y 34 apd 35 of said T
tlalrlT pF~BEGRIVM~NG, t~hett~ce 27 NorW 88°569" West, l 020.0m
Notttt 88° 56 29" West $41.25 feet; tMttce ~$ said South lice
North Ot° S3' S6" East 1117.09 feet; thence
North 90° 00 00" Esat X39.71 Seat; thence
40.48 fat alone a awe to the right. said tssrve hatvitas a rattans of 280.00 Errs, a delta sagk of
08° 17'02° and a bn8 ohoad baring Satoh 03°05'00" R.ut 16r a disgoca of 4Q43 ~ thence
Sown Ol° 03' 31° West 588.00 llret; ti>e~oe
140.00 leer along a aarwe b the (aR, sad crxtna ltsvinj aadius af350.00
22° SS' 06" aed a long chord beating SouOt 10°24' 02" East far a distance a~i' 1139.07 ~~-, of
tlseace
5out~ 21 ° 51' 35" Eert 100.00 fast; theaoe
80.00 fced slang a ctwe ~ the ~, acid cutvt having a radius of20a 00 fep„ a dabs angle of
2Z° SS' 06". and a loeg arord bating South 10°24'01" East Sot a diatanee of 79.47 &a; thence
5a~ Ol ° 03' 31" oVsat I9ti~00 tbct ae rite 1'OIINT p>R Eli~II~lG;
Said parcel wntamisg',:0.00 saes ruo~re of less.
aro~ j~
~ ~~ ~
ttM10111r1 P11atC
wonresoerr.
1904 W. Orsdwid, • emus. ~ p :C ~atK~NOn 1Ae nla~
.oe
E.xlu'bit C _ 2 _
CPtY OF p1.ANl~II~t3 D13pAtt7>i4>~P ~,~ >I~T t"l7ft'l~ liBA3t@~(i DATE OF NOVt~gg u, 20pg
~odfQrtt
Gontultln0, tic,
~~~4N OF.
lastr+emetrt No. 109904 ofa Iraet of hmd as mad ~ dal Wsrrat8y naed.
land ra tleaatibed in gp~ n0°e~ of Ada t~oorrty, ~~ b Frith a portion of s tact of
COY. l~ aid~ted b Bx ~twot No.106041?49. records ofAda
folbwa: ' ~ of ' Ads Coatrty, ldtiw t~rotie , ~ ~
Co~om~ ac the Senior! cotmnon b ~~ 27, 28.3, and 3S of sad Top aed
u therroe +~ dtt Sotnb ine of and Soemon 27 NerW 88°567.9" Weat,186t.26 >het;
~~ ~S~th line North 1 53' S6'" F,aat t 117.09 feat b 1ba POINT OR
oorg
North 1° 53' Sb" Fast 182.62 6ea~ thence
North 06° 37' 30" West bI2.06 ~ thence
North 22° 14.26" East 338.84 lbat; grtuce
Nor@i 00° 59' 37• Fart 56.43 feet; that-ce
South 89° 23' 45" Eta 10483 ~ thence
250.00 feet along a onrve 1a the le<t, raid curve roving a radiw of t 150.00 ket, a deka
I2° 2T 20• and a ~ chord b~mg Norfb 84° 22' 35" Eaa Por• a ~ of
tltatrY diwnoe of 249.51 feat;
of 12° 07' I $ ~ ~Q to ~e tight, acid carve havirgl a radio! of X00.00 beef, a ddbi aogie
thence ton8 shoed betting Naeth 84° 12' 34" Eaa fair a diadace of 422.34 feat:
52130 feee along a curve to the 1e0, sad orrrve having a rst8rra of 23SfI.00 8kx, a deLa at-gk of
I2° 42' 36" and a bag chord North 83° S4' SS" East for s d3araaee of 320.23 ~
South OB° 48' 4ti• Eaa 100.00 feet: dreace
t00.00 feet along a stave b tilt right, said enrve I~v;ag a ~~ of 650.00 fen. a deNa ,ogle of
08°48' S3" acrd a long chaed bearing 9oodr 04° 2~ 20" East for a disfaeree of 99.90 feet; tires
425.00 feet abng a curve b the Imo. still curve havitrg a !,dirt: of 1900.00 fen, a deha angle of
12° 48' S8" and a bag ehoed beay,tg Sarah ~° 24.22° Ent for a dirtauroe ot424.1 i feet:
thence
:9oe w. owuontt • mire, tD~Pt ~ (~1~~ ~ •Car~*ue~ton eAargptrrrt
Ex}ribit C _ 3
C3TY OF 1-~RmWY PLAMVIIda D0'AitY7~N't' STAFF RAPORT POR 7'H3; fiEARIIYG DATb OF NOVEt4FiER ~~ Zppg
~~ ®UCdf01'lt
COnaultinq, If1C,
n~c~ ox osz:
A 3~ °f hid ~t $ of taact of hod as ~,b.d at Spocht Warranty p~
loahumeat No. I OG04i249, records ol'Ada Cotmtyr mow. oa
of North Tea idik Road, ~tttaoEeB in the Saulheaat gastteroff n. 7°f ~e Rigbi.
Boise Meridian, City, o f~ Ado Coenty, ldrbo ntos+e p y
~t ~ ~oaat~, nae to Sactio~t 27~ 2iS, 34 aM 33 of srid Towaahip and
Section 27 Noah 00°23'16" Beat. 7A72.93 feet to the
K1gNT OF ~t+,y theocs loaviigg said Lap lire
Narth ti9° 38' 44" West 1ffi.00 tbe~ theaiae
247.00 foal abaS a~ c>~ ~, said curve havio0 a radina of 3000 00 Brq, a delta anSle of
i4 07", and a hetairt= 9ottlh ii$° 16.42" Weal for a disgpce of 246.37 6aat;
of 14 04' OS",. aad awe to t5e tight, said curve hays _ ~ of Y350.00 ~, a deMa aaSb
thence Nord ixaing Soath E3° 14• l 3" wdt for a dipaaca of S7S.SS feet;
12°0'1' 18", ~ as eve to rho kR, qq$ cwve ~i a tadiaas of 2004.00 fop,: daita ~ 01'
1ltefice ~ chord ~S Sottt4 84° 12' 34" Weal tar a dhtam,e of 422.34 feet;
?.50.00 fat alooS a curve b the t~ht, said cave ia„;~ a ~„y,~ of I ls4.oo feet, a delta
of 12° 2T 20", a®d a 7ogg chord ~S Sowh g4° 22.35" West Ter a distance X249.3 t feet:
Otata
North ti9° 23' 43" West 104.$3 Esot~ thence
Naatb 00° 59' 3T' F.sst 3S2.92 feat to the north ~ of acid tract; tbeace alon1l said ncatd line
Sonth 89° 21' i2" East 1769.59 feet b the East cptortnr comer of taud g themca
Sonth 00° 2!' 16" West 171.46 fact abag the last Fine ofaaid aaaioa >b the i?+OI1tiT OF
BF.GD~i11111t1G;
Said Aa~1 oonminiag 10, rooa or leas.
BY
A1~ t9 ~
1saw.Oroetond . uob~ ~ ~ ~~ ~'°d'°"-~1u°d.°"tcc
fiaidbit C _ 5
CIt1t OF !4!®tID1AN PLANNlNCi DEI'AR17~t'p STAFF RBPOAT FOR 7~ Ht3A1t11dG DATL OF NOVt3t~t~ ~, 2008
~~
~~ ~
ConanittnO, Inc.
540.53 feet aloa8 s curve to the le[t, said cwve baviaE s redins of 4500.00 feet.: delis aagk of
Ofi° 52' S6' and a ~ chord bearing No<t6 09° ~' M" w,~ ~ a d~tx of 540.21 feet;
dunce
of 12°48' S8' aad acmve to tAe debt, said carve a ndin: of t900.001Ira, a deha ar~lc
thence ~g ~d bearigg North o6° 24'22" wart far a ~irtwaoa of 424.11 feet;
10!).00 feet abng a curvy to the teR said caeve having a ratlivs of 630.00 fast. a delta sml,lr a of
08° 43' S3' and a toa8 cAofd bearing North 0~4° 24 20' Wier liat• a distance of 99.90 tbei: tl~ct
lNarth 08° 48' 46" Wert 100.00 ~ tltaaee
55.10 ket aleag a aevo to tha le!{. said p~,~~ s ~~ of 2330.00 lbet, a delta anSb of
01 ° 21' 29" and a loa8 chord North 76' S2' S3' East lfot a duce of 55.70 .Poet: ebenco
247.00 feet along a curve to the nght, qid curve ~ a eadina of 1000:00 iieot. a deha asgk
of~i4~09' 07" and a ~ chord bearstti Noreh 83° IS 42" ~ lb~r a dietsaco of 24637 feet;
Sauh 89° 38'44' East 185.00 fxt 1o tba Bast liar ofssid Sectiam 27; theme sloag said East
Liao
Saab 00° 21' 16" Want 1567.19 lrep to tha AOWi OB G.
Said >~1 ceatsiaireg 25.10 actae mane or Ices.
~~~~
pt~ 19 2~
N
190dW.OWelegq ~ e0~e, dvR8~p~1aM~;~a1My. •~ .CC
Exhibit C
-7-
CCTY OF IuIDtIDIADi PL7ANNlAICt DIIUR7I~N'C STAFF ABORT FOk T}ffi HBARiNO DATE OF NOVEI~ER 25, 2008
7
7
atrh'+tt 19aa9r z:• ' 2s
~ ~ as
~
Sw. QE~?D trtat ~~""
~~ Tout Taouei'
air &
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t
57r OiiD p7a7 E
W6 t0i4990+t
7 iROaCRp R-1S JOI+E ~
E ~ 2'0.00 ~s '
t ~ f
5t t
vi r -
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GJR~d: tN~E
f :ilatF 1C6CiM W!M S ° ~ttR Li7pR0 ~!: C•IONG
L7 Oi k a00oc a9_ra5- sasa72i r yEp zcl
~.z aooo moos zat:•oE- s7o•z.•;a~ r9:>'
~t3 •sc ao Sa00o Jasa'ee' 4~77aa4W'L 7300?
.
r ~+ __i~5: b0.00 12.9e'.3• MS'32'+0-w 7573?
{ :5 ~ :W.03 a00000 5':7'06" Tt9.77;3"w 5M27
' ':$ ' •7'~ t900iq :t~B'SAT a6:2a•ZZ
s ~: # ,^?.au
.6 ~,4 7~ esc a~
2950.G7 t a-.sal- ' xr7a'2o'7r 99 iti
i'1i :a- v>'ixsvr a .. w 7
VOLTERRA SUB~IVISIaN
~xaaaao zrnma>
CtYr ov E7Ea~7er„
+a't :d~N:r a^fC 2r, .-a7{ R-tw
as ,~
~... ~ ~ ..
i
i P+lpPO'~0 C-4 2t3t+[
~ 2! 10 +dKa
assts 7
9.w OEW 7r.3T
7
w
aio9oo4c
cu!ticttr C-c stir ~ , ~
~; :
~ :
7/~t( noao
--" 3a 7 SS
t <1. AtaC 'a0i.f
i E17R+K idNQM R-iF.'S G£1 tt ~t0t!D 8~C ~~U "
~t4 - 021 !0 ?39400 12v2'36" 6i_"ya ya'w 470 23
ro vooa •tS,y.QO t7nt•zo• se.~a'rx1-w i.9st
ttl i +?373 '2000.00 +:tOJ'76- Sh'71'34'M sat 3+
:12 'SJ7 YJ 235000 7aD~'OS'. Si3't~lrw p-a ay
Ct3 N7 e0 700000 ta'00'Ov' : s•il'7tC+i 6 )~f ::
' zta a0aa 2d00t M702" SS'OSbFY[ i_•.+:
cis ~ 200.00 251:00 atS'3.••3r g7tY(rts~x ';~:,re~
S~C?uadrant
(~pneVtt.iP1(~. (r:G.
+D.aNC 190+ +r .'tti4t.A7i0 Ft)W
Sow. las+o a2ft5
• lea; iu.00I7 +MCY+E rsoai ,•+ ~- .>'9t ~.,
t + ~ ' _+.a F7nnaww-swurt•+c-ea7sr+ve°:•. w.::cue:r!
~~c -s-
CITY OF 1~RmIAN PLANNING DHPARTA~SMr STAFF 1tEPOR7' FOR THE HEARIIV(q DATE OF NOVEi~gE 2$, 2008
D. Requimd Finding finan the UniSed ~~ Code
I . Rcoone Findings
s rc~aommeadatioa from the Commi~Oa, tre Cvoa~eil shalt mahe s fill jna
pnb>jc rearLg, s+eviaa- tLe a~ Is order b
the C~ pb,~ ~ CouncH sha>i sas~te the fdlowh~ an t to
a' ~ ~aaplioa wNi the'applicsble pr®vid~oiu of tike dive
The applicant is pr+oposiag to reaoao 93.64 acres to R IS, I.-0, C-C and C~3. The Council
off thou ~ posed z~tug ~ will comply with tiro applicable provisions
~g~~ivo PIan if CPA-08-OQ3 t+eque,~ is approved to a Mixed U~ty
b• ~ amesu>k~nt eompliq with tl~ rim artllaed for the proposed ~~
~Y ~ parpae abteataeaf;
The Council fuada tbmt the proposed mix of aces would assist in pa+oviding service needs of
the community. The Council Ends that firiine ~k of this property should comply
with the established regulations sr-d ptnrpoae stateosents of the requested zoning districts.
~ and ~ shall eat be mshs3stlty deMsaatal ~ tJte p~ heakh, safety,
The Council finds that the proposed ~g atn~dmrat w~ n~ be detrimental to the public
health, safety, or welfare. Staff ncmoomaads that the Commission and Cotmcil rely on say
oral or writteai testimony that may ~ p~~ when ~ .
d. The maP ame~admeat sbfl not resadt in as advecre ~a the any ~ mrvicea
~ pnbUc sa'vkcs wlthia the City fioetr~i~ bat not
The Council fiords that the proposed zoning amendment win not result in any adverse
upon the delivery of services by nay political subdivision Pr'o~8 services to this site
e. The rezone is is the best istterat of t>re City.
The C°uacc~ill finds flak the renome of the sabjoet property finrn R-4 and L-0 to R 1 S, L-O, C-
C and C-G is is the beat interest of the City.
Fxlubit D
EXHIBIT C
FORM OF PARTIAL RELEASE OF ORIGINAL DEVELOPMENT AGREEMENT
(SEE ATTACHED)
4816-1925-2485.3
PREPARED BY:
RICHARD J. ROSENBLATT, ESQ.
KUTAK ROCK LLP
1650 FARNAM STREET
OMAHA, NE fi8102-2186
(402) 346-6000
Meridian {NW), 1D
Store No. 5841
TERMINATION AND RELEASE
This TERMINATION AND RELEASE (this "Release") is made this day of
2010 by and between PRIMELAND INVESTMENT GROUP LLC, an Idaho limited
liability company ("Developer°) and the CITY OF MERIDIAN, a municipal corpora#ion of the State
of Idaho (the "City"}.
PRELIMINARY STATEMENTS
Mary Floyd and E.L. and Shiriey Bews, Bews Family Limited Trust (collectively, "Sews"),
Primeland Development, LLP and the City are parties to that certain Development Agreement (the
"Development Agreement"), dated February 17, 2006, filed March 7, 2006 as instrument No.
106034786 in the public records of Ada County, Idaho. Primeland Development Company, LLP
and the City are parties to that certain First Amendment to Development Agreement (the
"Amendment"), dated March 5, 2009, filed April 9, 2009 as Instrument No. 109040246 in the public
records of Ada County, Idaho. Both the Development Agreement and the Amendment encumber
certain real property (the "Property") legally described in Exhibit A attached hereto.
Developer, as successor-in-interest to Bews, Primeland Development, LLP and Primeland
Development Company, LLP, is the owner of the Property. Developer and the City desire to now
and forever release #hat portion (the "Retail Property"} of the Property legally described in Exhibit B
attached hereto from the burden of the Development Agreement and the Amendment.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Developer and the City hereby agree as follows:
AGREEMENT
1. Termination of Development Agreement and Amendment. Developer and the
City hereby terminate and release the Retail Property from the burden of the Development
Agreement and the Amendment and hereby agree that the Development Agreement and
Amendment are no longer of any force or effect with respect to the Retail Property.
2. Counterparts. This Release may be executed in counterparts.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
4816-1925-2485-3
CITY OF t1~RIDLW Pf.ANNIIVO DEPAR'l1~N'r SIAFF RBPOR? FOR T'HFS E~ARIIiO DATE OF NOY~BI3R 25.21108
4.2 All pedestrian pathways sbahl be illuminated widx 4foot bollard style lighting or equivaltlnt and
shall be spaced close ugh together for continious leg of the entire pathway.
4.3 Dr~way access owt4v TaK Mile ,)irat ~sort~ of Mc~[illipt Road sl~R be d as a ~~
S. PARKS DEPARTMENT
5.1 Coordinate e+aact pathway locations with the Parirs Deparirnent,
6. SANITARY SERVICES COMPANY
6.I The proposod development shall limit landscstpiag shuubs and bullies to species that do not
exceed two feet in Iuight. Trees shall have a canopy of ao Less t>nm six feet,
62 Prior to iss<mnca of a ~ of zoning oonapliaoee, that applit~t shall submit an approved site
plan from SSC.
63 Waste enclosure access: The appiilxnt shall provide drivo-on cwpability for 6 aad 8 cubic yard
contair>ars. Allow a mininmwm of 60 ft. frontal cleazaucx for such oomainers.
6.4 Tuning Radius: tl~ applicant shall provide a minimum of 50 R turning radius.
6.5 waste enclosure dimensions: The applicant shall provide a minitmtm of 12 R. clearance inside of
the enclosure gates with the gates in the open position.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Dedicate 3S-feat of right-of-way from the oeatarliDe of McMillan Road abuttng the site,
Construct a 5-foot detached c~cxete sidewallr a minimum of 28-feet from the ceaterline of
McMillan Road abutting the site.
7.2 Dedicate 48-fat of right-0f-way 5nm the ceotedine of Ten Mile Rosd abutting tha site.
Construct a 5-fob detached concrete sidewalk a miaimnms of 41-fact fxnm the ceaterli~ae of the
Ten Mile Reed abnttiag the site.
73 Constrsrct canter landscape islands on the iatarnal roadway. as proposed. Pr+nvide 21-foot street
sections on each side of the proposed cawtlr islands.
7.4 Construct 4 traffic cat+cles on the itrteanal roadways, as proposed. Coorddinate the design and
location of tfie traffic circles with District Traffic Savicae ateffi
7.5 Consrruct two roadways to intersect McMillan Road ~ locxtioas consistent with those previously
approved with Volterra Subdivisioa in 2005.
7.6 Construct one roadway to intersecx Tan Mile Road in a loci caoaistart with that previously
approved with Volterra Subdivision in 2005.
7.7 Other than the acxess specifically approved q-ith this applicxtioq direct lot aaxss is prohibited to
Ten Mile Road and McMillan Road and shall be noted sun the final plat.
7.8 Comply with all Standard Conditions of Approval.
Fachibit B
Meridian (NW), ID
Store No. 5841
IN WITNESS WHEREOF, Developer and the City have executed this Release as of the
date and year first written above.
DEVELOPER:
STATE OF „.„ 1, }
} ss.
COUNTY OF T )
PRIMELAND INVESTMENT GROUP, LLC, an
Idaho limited liability company
sy '
N me: F+~sr~t~ s.vA¢1z~a~E
Its: M ~w,- ac.,~xz.
The oregoing instalment was acknowledged before me this ~ day of ,
2010, by ICS, rt c as ~(e~ of Primefand Inv stment
Group, LLC, an Idaho limited liability company, on behalf of the limited liability company.
KIMBERLY WINKLE
Notary Public
State of Idaho
N ary Publi
My commiss//ion expires:
ll ~~'/ZDIS
4816-L925-2485.3
Meridian {W41V), ID
Store No. 5841
IN WITNESS WHEREOF, Developer and the City have executed this Release as of the
date and year first written above.
CITY:
STATE OF Idatin )
ss.
COUNTY OF ~I~ }
CITY OF MERIDIAN, a municipal corporation of
the State of Idaho
~-
By:
Nam .
Title:
The foregoing instrument was acknowledged before me this ~~ day of
1-~-~0.•l , 2010 by "~MMU dP Wee~rd ~-lo.~o/ of the City of
Meridian, a municipal corporation of the State of Idaho, on behalf of the municipal corpora#ion.
~~.c1CA Jp~..
y~ ~pTAjQ~.~~.
•
`,
. .
~ ~~ •
~ ` ~j~C1BL1Ci,~~Oi
.~-9rE OF ~~'
•......
N ary Public
My commission expires:
4816-1925-2485.3
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
- ,.
' A Peropt~ofTsnd iaoelbd h tlo N }ay dths I~ Y. or SQi~on 34:aMnd he 3 !~ of Secdon
,27, 7: 4N.. R.1W.. 6.M., Ada C~Yi roihD, mole P!A!'a~ -oBowe;
'~,'tium ha 74dy~b~e/a//oy~,r~~n~,a~~r~e~~o~~rut~Jp.~/~',bplQ~,,~ Iry-~~ . aEU{ld-_3~~h..d. ~~~14.s.~pa,~scNo~hsQ27~
^'~ W.q~.M~ ~ ~W ~ ~ ~ ICY l"~ ilfi;•~R
~esL' 28i~1.5J ~. o~ ~ the RHAi: Potr~tt OF ~:
`th41M~s alaep the eft ~ ar the.NE Y. of safdS~cliop 34.Souih 00 •~9'19~* W~
t3118,~b,feot'ta MM eautlwaet comer 47~ N•Ni cif said r~ 3t;-
P
Thanes alor>S tAa aoah I.f~'oFtllid N:7b o/lilb WE 4f trlotlit 68r1>5+58'
loft toctil0 araltl~ ~!P-Or~ N lybF;fh~{VS'y~; HfeeL 288y.D8
~hilaca aionp ~ rYaef Ihs d ~d N NraDf ihs i+i8 S6'iyvttH #JO'44'tt' ~a1,1323;36.
~ t4,fi! 34tiggnel oommQn eriBN'd 8ao$oti>w9t and 2Y;
• ~,,
Tlttnca abn0 the w~set>1na d the.9E'tid~eaid• eer~n 27 Abrtl~ 00'20 06r E~et, ,
8+t4811~~-~ t oon+ar of tot 7, 814dc Zd t'dgek Cat 6stales No. 2 $~
art aria. la *eooraled b 8odk 32`otpprtle al pgpe 1016; ~e ~l~daaounty.
Thenoo l>~ lgdepl llna of rAaid !.d 7 tVOrth OG'2b'12' '
t oomK otsald:~iclcCat t.eWtee No. Z SubdlvWon; - ~ ~D~.'leat b lhe`
., '
. ThM~oe ra+t} ~~wab Mnt of ace]fl Slack Gt tia'laae No. 2 ~;. NoAh
ae~ 17. "87' w«r,' ~Ze rat
.. PC ,.
Tts•tioe Hahh 1:t'47'2b' West; 208.27 feet;
' Tt~enai Noah BtMiGV4' West, t~.7111~
Yha~ 1rb~tt t50'.bi'tl4•'W~; 80.06 fes1:
~e~6'.NOHh t44';ZG'48' 1A-est, 7~.g~ Geet;'
woe ivwtt, t~~ros•w«~ rlrsa roes;;
~iipnoa NoAh 80'34'24• west, 201 Q2 test to s ~oti~ton tt~a wise lho;,r',ard eea~
~7;~~ ..
i
'RieROa iior~Q said 11110 NoAh 00'31'40' Eset, 877.08 fief t4 tlta,West 114 oQ1Mr Df
eats BeRtdon 27;
2849.64 fe/i<1D'OM Centororaf' w~ ~"~4QF iafd $ee0ion'Z7Sewfh S0i10'43'f inst.
ssld $sdion ~+
,,,.
'":~'hanaa
80~ ~ 8as1.21!'~O.p0.laet to the ~ 1l4 oamarofc~g~ 27;
Con Yi>dnca 8oufie 00.2,148` 1tVeet, 2B<4.37 foal b IlN ia01NY OF ~+1Q
b31~r,~a~
~~
4816-1425-2485.3
THENCE A DISTANCE OF 163.78 FEET ALONG THE ARC OF A 307.00 FOOT RADIUS
CURVE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 30°34'01" AND A LONG
CHORD BEARING N 14°13'28" W A DISTANCE OF 161.85 FEET TO A 5/8 INCH DIAMETER
IRON PIN;
THENCE S 88°56'28" E A DISTANCE OF 434.84 FEET TO A 5/8 INCH DIAMETER IRON PIN;
THENCE S 0°49'13" W A DISTANCE OF 112.27 FEET TO A 5/8 INCH DIAMETER IRON PIN;
THENCE S 89°15'21" E A DISTANCE OF 622.75 FEET TO A 5/8 INCH DIAMETER IRON PIN
ON THE WESTERLY RIGHT-OF-WAY OF N. TEN MILE RD;
THENCE S 0°21'14" W ALONG SAID RIGHT-OF-WAY BEING 46.00 FEET WESTERLY OF
AND PARALLEL TO THE EASTERLY BOUNDARY OF SAID SE %+A DISTANCE OF 867.98
FEET TO A 518 INCH DIAMETER IRON PIN;
THENCE S 7°11'51" W ALONG SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF 100.72
FEET TO A 5/81NCH DIAMETER IRON PIN;
THENCE S 0°21'14" W ALONG SAID RIGHT-OF-WAY BEING 58.00 FEET WESTERLY OF
AND PARALLEL TO THE EASTERLY BOUNDARY OF SAID SE'/+ A DISTANCE OF 84.76
FEET TO A 5/$ INCH DIAMETER IRON PIN;
THENCE S 33°15'26" W ALONG SAID WESTERLY RIGHT-OF--WAY A DISTANCE OF 57.62
FEET TO THE POINT OF BEGINNING.
THIS PARCEL CONTAINS 26.17 ACRES (1,139,781 SQUARE FEET).
ERROR OF CLOSURE: ERROR NORTH: 0.00246
ERROR EAST: -0.00014
PRECISION: 1 : 1,756,556.00
4816-1925-2485.3
EXHIBIT D
DESCRIPTION AND DEPICTION OF PROPOSED ZONES
(SEE ATTACHED)
481b-1925-2485.3
CITY OF MF.R~IAN PI.AM~IIIdG 1~PARTidENP STAFF R1;pO1tT Ft7lt TIC WiAR1N(1 DATB OF NOVF~ ?~, 2008
C. I.e~al Dt~riptiotns and Fxit~bit Map
~~" QUCdrptlr
Consulting, Inc,
1-EGAt air oz~:
Owealt Resstie llondaey
A Fwd of land being a poetion of a tract of hytd as daacn'hed is Special wanaoty DOed.
Iasatnnent No. "106099040, ncatds ofAda t„ounq, h0. to~lter arith a portion of a ttac! of
hmd as described in Special WattstttY ~,lsehasset No: 106099041. tnaotds of Ada County
10. ' ~viilt a poetiaet of a tract of land as descnbed ~ Special Warranty peed, '
lm~tmatr Na I0604t249, reootds of Ads Coteaty, Idsbo; togdher wide a portion ofthe Itight-
O~way of West lKcdtii0an Road and North 1'ea lvtda Road, situated in tho Sodhrnet 9~ of
Idaho mote ~ 4 ~. ~ 1 weal' Dotae , ~' of . Ada Cwmty.
Ply described as bliaws:
Poe°a~°°~~ ~ ~ se~oo' Naefh27'~~°36~'2q~wa~f691.3; ~ Viand
>!'o1tNr OF BDG11M1tI@1C; thestoa t:ootmuir~
Noah 88'56'29"' wesa, 969.93 fbeC thence leaving aid Soutb line
Worth OI'S3'S6" East,1299.71 Pod; thence
Noctlt 06'37'30" West, 61206 feet; thence
NorW 22'14'26" East. 338.89 feet; thence
ssud ttosth5line ~' 409.34 feat to a point oa Nortb lane of aid Southeaae ; tlraaoe ~8
South 89'21' 12" ~. I769.S9 feet to the Saar gmrter oo:nerol'aid Section 27; thence
South 0 21' 16" Wat,1738.6s !ed a1oAg the Seat line of said Se~st 27; thenoe lanrio8 acid
Feet line
North 89'38'46" we.t, 485. t 5 ~ thaeoe
823.A0 tat abs~g a curve !o the IeR. said wave having a radius of 400.00 tact, a dens aagk of
89`17'46" s~ a lartg chord basris;g Swot 4?'~'~'Z2" West, far a d o!' 562.20 fbnh dronce
sotuh ol'03'30' war. 499.73 ket to the PoAV'1' osr BEGi0Y11111+fG;
Said parcel oor~rim 93.65 acres Wrote or leas,
~ ra ~
~~
19W vr, gvedond • eoisa. ~ ~ ~ :~ ~ .ce
Exhibit C _ I _
CITY OF MERIDIAN PLANNIN(I DEPARTMEAI't' S]'AtF REPORT FOiR THE HEARINt3 DATE 01' NOVFFJI®ER 25, 2006
^~'6~uadront
LEGAL DEBCSt~TiON pF: C o n a u t t i n q, Inc.
lt+oToaed R-13 Zaah~
A parcel of laud being a portico of a tract of load as described in St~ecial warranty ~.
Itutrutnent No. 10609904Q rrooeda of Ada Cauaty, ~~ pow ~ a portion of a tract of
land as deacn'Ged in Spacial Warranty D~eett, No. tOG099041, teeo~ds of Ada
er with a poltiou of the RighwOf--way oPwest I~CMdlam Road, situated
of Mardian, Ada of ~~ 27, Towrat~p 4 Noedt, ~ 1 weal, Florae Mme. City
°°n'• Ith~o lucre P~ultaly daaxibed as fotitwvs:
~ thesomhiine ~°°s~t'r Ho~r'm~' ~zr ~ o o.om
the ronrr of sgGwlvnvG; time ~nttau~
North 88° S6' 29" Wtsst 841.25 feet: theta`.e iavigg said South line
North Ot° S3' S6" East 1 t 17.09 foot; thence
Noitit 90° 00'00" l~ 739.71 fiaa~ thence
40.46 ka along a govt to the right, said pave having a ram of 260.00 tea, a delta aagk of
06° } 7' 02" and s bng chord bestirs South 03° 05'00" Beat fos a dismmca of 40.45 fact; thence
Sontit Ol° 03' 31° West 588.00 ~ thence
140.00 feet along a curve to the [eJt, said curve havir~ a tstthts of 350.00 tea, a delta
22° 55'06" sad a long cho[d baaiug SOtNh f 0° 24' 02" Fast Pas a daaance Of 139.0? ~: of
Sarth 21 ° 51' 35" East 100.00 feet; thence
x.00 feu e{oag a curve ~ the risM, said curve havius a sadfus of 200.0 fen, a deice
22° SS' 06". ate a Iona o1wM bmsins South 10° 24'02" Fast Son a diatanee of 79.47 feetthotxx
South OZ ° 03' 31" Walt 196.00 tea to the Y017VT OF BEG1t'AtiiNG;
Said parcel containing 20.00 soon loose ~ Iasa,
at-a~~~
AIIB 19 ~
aastiouut atrortc
wtxacs ta>or.
t901 w. oveAara • em°a. ~ i o ~co NR,eM~on i .'4"'Odfo~-ea~ooronf.ec
Exhibit C _ 2
CIIY OF Ml31tIDlAN P1.ADININQ D13PAR1'i41~Tt' BTAFF REPORT FOA Tl~ 1~A>THdG DATE OF NOVEh~R 25, 2(IOt3
^~ ~iodrant
co~t;~,~tlttq. t~~.
LEGAL D68CA>~TION Ol+:
Pra~oeeti C-C 2,otlirt8
A paroel of hnd being a portion ofa haft of Lad n described in 5peciai Watrady ~.
~aii No.106099041, eeooide of Ada Coiattyy, I~bho, with a portion of a tray of
land as deactibed in 5peciat Wattaapy l~eetl. Ltairtmamat No.10604i 249. rrcords of Ada
CW~y~;~bo. siagted in the Sottthnst gtnrpr pf Section 2'i, To~aabip 4 ~. ~~ I
follows: ~~' ~ of Win' Ada Googly, Idaho mote partieahaly described as
CottmtencLg at the Seetiot- eotrter eormnen b Secliop 27, Z6~ 34 and 35 of said Tornship sad
Range; tiawe alo~ag tha SouW tine of aa~ Samoa 27 Tbrlis 88°5679"' Weat,1861.26 teal;
thence iavia8 said South fine North 1 ° 53' S6" East 1117.09 feet b Ste POIAiT OA
BIi:C,11~111IIV(r, thence oorft~aing
North 1° 53' Sb" East 182.62 beet; thattce
North 06° 3T 30" West 612.06 ~ theaoe
North 22° 14' 26" East 338.84 feet; thaace
North OOP S9' 37"East 56.43 feet; thatax
South 89° 23' 45° East 104.83 fact; thtmee
230.00 foes along a curve b the leR, said carve having a radiw of 1150.00 teat, a dealt angle of
I ZO" and a long chord bearirrg Noah 84° 22' 35" East for a diataatx of 249.51 feet;
423. } 3 feet along a cttrre m the right, acid curve having a radiaa of 2000.00 feet, a delft
of 12° 07' I $" sad a bng cho~nd bearing North 84° 12' 34" Eaal for a distance of 422.34 feet;
thence
521.30 feet abng a curve to the kf1, said awe havog a radura of 2350:00 feet, a delta angle ~
12° 42' 36" snd a long chord Denfng Nordr 83° S4' SS" Eaat for a diaranoe of SZ0.23 Ebel}
thence
South OB° 48' 46' East 100.00 feet; tltaoce
100.00 feet along a ctwe to the right, said curve having a tsdiw of 650.00 fed. a delta angle of
08° 48' S3" and a long chord bearing South 04° 24' 20" East for a distance of 99.90 Each thence
425.00 feet abng a curvy ZD ibe hd1. said aurva having a radios of 1900.00 feet. a daha arrgte of
F 2° 48' S8" and a long chord bearing South 06° 24 22" Ent fvr a digantx of 424.1 i feat:
tbmce
zoo w. ovw~ • Oota. toabas • rose. lanai 3asooot . rex ppel armors • txnok
~i0 • SvwYtnp • t:aubucltonMa~opanNxM
Eahrbit C - 3 _
CTfY OF idBR1U1AN PI,ANNIIdQ DFpARTAtFNP STAFF RBPORT FEkt Tim HEARIHIG DATE tNr NOV61-tBl~t 25, 2008
~~
~~ 6~uodranfi
S40.S3 feet alon a curvy to the ri C a n s u l t l n fl, Inc.
of 06 52' S6 ands ~ setd save N ~~ of 4500.00 kd, a delta an81e
tt~ce " 1oa~ chard bearing Sonuh 09° ]2' 23 put ftx a di~moce of 540.21 teat;
World 88° 56' 27" Want 836.40 seat: thwce
159.52 feet aiang a curve to the right, seiQ curve bavin8 a radius of 780.00 feat, a delta attgte of
32° 38' 30" and a long dtotd beating So~uh 23° 32• ~« ~ ~ $ ~ ~ 157.37 feet;
thence
North 90° 00'00" West 734.71 Poet to the pORVT OF B~CINNING;
Said pacel ~hinio~g 37.84 acres more a ksr.
~ ~ 13 ?!~
tSaw.OwAend • 9oke. ~~ pros) : •~~
ee
lathibit C _ 4
CITY OF MFRmIAN PLANNING DI>PARTMBMI' STAFF Itl>PORT FOR TETB TTCEARIIVO DA7b OF' NOVEi,OBIIt 25, 2008
~~ 6~uod-ont
ConaultlnQ. Inc.
I.ECAI. n1~sc~Irz'IOrr og:
~apaaa ti,.o z~~
A Parcel of Tsad bang a portion of sheet of land as daauibed in Specitd Watraaiy teed.
lastnimant Na.106041249, records of Ada County. Idaho. mgetLer with: portion of the Right.
Of-Way of Noah Tat Mik Road, situetod io the Southeast ' of Section 27, ?orovoahip 4
North. Range J West, Boise Meridian City of Meridian, Ads County Idaho tttore particularly
desc~ as follows: '
Cammaxtiag at t11G Setixioa Dome coaraa~e m Sectiaet 27, 26, 34 and 3S of said 'township and
Rangy tlamoe abrg flee East line of said Setxion 27 North 00°2!'!6" Bart 2472.93 feet to the
lO1NT 09' BeGQKNII~[G: thence X48 said Lsat lifts
North 89° 38'44" Wen 1$5.00 Poet; ibeoce
247.00 foot along a curve b the lam, and an've htvirg a radius of 1000.00 Reey a delta
T4° 09'07". sad a hagg chord basing SouW 83° 16' q,2• ~ypa ~ a dfalaoce of 246.37 f of
tlamce
ST7.00 foot along s curve to the right, said taerve havlgg a radius of 2350.00 feet, a delta an
of l4° 04' 05", and a tang dwrd ,gouPo E3° 14' 1 i" West for a distance of 375.55 feet;
thence
423.13 fat abng a cuuve to tiro IeR, said anve having a radios of 2004.00 feet: delta angle of
12° 07' 18"• and a long Chad beadtag $elltdt 84° 12` 34" West for a drt4sttce of 422.34 leer
thence
ZS0.00 fat along a curve ~ the right. said txuve hawing a radius of 1 !50.00 lea, a delta eagle
of i 2° 2T ZO", and a bag eland beaeing South 84° 22.35• Went for a distance of 249.3 t feet;
thence
North 89° 23' 43" West 104.$3 ~ thence
North 00° 59' 3T' East 352.92 feet to the rtoetb ~ of said tract tttrnce along said rautb line
South 89° 21' 12" Ease 1769.59 feet b the East quaetQ comQ of said ; Wettoe
South 00° 21' 16" West 17l .46 fact along the East line of said axuon m the POITiT OF
BEGINNING;
Said parcel eomaining l4. mope or leas.
air
AID t9 ~Opg
taw w.lrrartor+d • sobs iotrtras • vhwq (~ ~12-009t . vox Cwt 3I~-0042. Gnat 4uodraMilquatlra~t.cc
t'aNlErtpknerLp • Survaylrip . ConskucMonMOnc~riuq
Exhibit C ~ S
CITY OF A~RlDIAN PLANNING DFpARTMENT STAFP REPORT F04t TE1ll; IIU:A/tING DATE OP IdOVEI~PR 25, 2008
~~ 6'luadrant
Gonsultln~, Inc.
LEGAL DB~'t'IOR OF:
Pnaposad C-Q TwaD~
A pattd of fond bang a portion of a tract of Itsid a descnbed is Special Watsratiy peed,
lrsttttmem No. 106099040, necad: of Ada Coesoty, tdatw, togalber with a portion of a tract of
lard n desatbed in Spocial Wamatty Deed. IJo.10609904t, taeords of Ada
~~h: Idaltos with a podiga of a tract of tend ~ described is Special Wamwty Deed,
htetrttmant Pb. 106041249, receeds of Ads Cotmty, ldalto, togt~ta with a portion of the Riglu-
O~Way of West McMillan gtxsd and Aleorth Ten [Ni1e goad, altttated in tits Soudteaat tptarter of
Section 27, Towttsidp 4 North. gauge 1 Wort, Boise Meridian, G"tty otMeridian, Ada Cotntty.
tdako taare pscticularty described as follows:
Caammcing at die Soctioa corner cartoon to Section 27, ?6, 34 sad 35 of said Tom and
Rartg~ tttepce along the 13aet lice of said Section 27 North 00°21'1 ti" Ent, 905.74 feet to 8re
l~OIIVT OF i3BGR tbatce said Fsat line
North 89' 38' 46" Went 485.15 Ceet; tbentx
623.40 6ect along aca~ve to the leR, said pave a radios oF400.00 feet, a dWa angle of
89° !T 46", asd a batg chord bating Sawh 4S'~ West for a distance of 562.20 feet
thence
South 01 ° 03' 30" West 499.73 fat to the Sorgb line of said 5eetion 27; thence abng sad South
lire
North 8B° 56' 29" Weft 128.68 fen: tltertee Daviztg smd South line
Noah Ol° 03' 3l" Bast 1%.00 feet; thescx
80.00 tea along a curve to the leB, acid cttrva hiving a radios of 200.00 feet, a deUa angle of
22°33'06", sad a long eherd baring Math 10° 24'02" Wal for a distance of 79.47 feet;
North 2l° SI' 33" Wat 100.00 ~ thenct
1x0.00 feet along a cwve to the rigkt, said curve having a radios of 350.t)D fen, a delta angle of
22° SS 06" turd a long chord besrittg Nook t0° 24.02" West for a distsaea of t 39.07 feet
tbastix
Alath 0I ° 03' 31 ° Ent 588.00 fob tketta
200.00 feet slang a carve to the kfl, said carte kaviog a uditts of 280.00 feet, a deha aogk at
40° SS 32" and a ~g clwtd beating Wortl-19° 24' f 5" West for a distance of t 45.7$ fed;
tttmoe
South 88° 56' 3T" ~ 83690 fora: thaoce
190r w.OwAand • aolp-.ID837oS • t'hp» (20x134'!-0041 • Faec G1~13a2-0Oi2 • 6nak quodno-+11/quadronr.«
~ • ~~~0 • ~IIraVG~OfrMttllpQaR~aM
Exhibit C _ 6 _
t:7iY OF MBRIDU-N PIJWNII~iO DEPART1dBN'f STAFF RBPOAT FOR TILE 1.1BAkWG DATE QF NOVB111BBR 25, 2008
ii Buac~anr
Conacrittnp, Inc.
340.53 feex alostg a caave to the kft, said asrn having s rslliua of 4500.00 feet,:delis single of
06° 52' S6" and a ~ t5toed bearing NorW 09° 22'23" West Pot a of 540.21 ibet:
thence
423.00 foe alatg a curve to tiDe tight, acid verve having a radius of 1900.00 Betty a delta eagle
of 12°48' S8• and a long shoed burring North 06° 24.22" Want far a disttaeoa of 424, I 1 fat;
thaxe
100.00 feet along a awe to the teQ acid serve having ara~w of 630.00 ~. a delta sagk of
08° 4$' S3" sad a loeeg cltoed bearing Nottit 04° 24' 20" West far a distance of 99.90 Pool; thanrx
North 08° 48' 46" West 100,00 ket; thence
55.70 fat along a save to the leB1, acid awns having s radial of 2350.00 Poet. a dolts aggb of
0 t ° 21' 29" and a long shoed bearing NoNt 76° S2` 53" F.aat for a dit8aacx of 55.70 feat; thence
24?.00 fat skueg a ague to the right, acid anve banriag a radius of 100000 feat, a dalm asgk
of i 4° 09' 07" end a long chord boring Noetle 83° IG 42" East fast a dtstaace of 24637 fat;
tl:etece
South 89° 38'44" EaN 185.W feat to the East fiete of said Section 27; tbeetoe along sad East
line
South 00° 21' 16" Wsut i 567.19 fat to tl~ PO~igtiT OB G;
Said patoel c~ttaaiteg 23.10 acroa nxxe or less.
~~~
~~~
N
190 M1, OwtfOrW ~ tloaa, tD 117106 ~ M1pfq t70a1 as~CiDt1 ~ fins t70a) 3R4~OOt'4 ~ r.YrlOil'. CtUOdO~It1gUp~IC111.CiC
~ ~ ~~
ii7U170!{ C ~ 7 ,
C[1'Y OB I~RIDIAN pLJlNNIIJG DII-ARZ'MB~lT S?AFF 1tEFORT FOA'ftl8 HBARIIItG DAZE OP NOVQ1G;Fat 23, 20~
i~
i
S,W. OEFA MsT
NO t060a12N
Pli0s05C0 c-o font
10.70 +WICS
+
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4
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a a 2E71+t
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~ i alavas[o c-a zo!a4
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i
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~~
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+ Sr OeLx tnsr
rah t094f9o+r ' I to
+ ~ v s-ts row
,~ I
s.w ~
s €
i
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no
I
~ I
~
txAlllEtaT C-•c DO!+E +
h +
- iftl'l~ & ' ='
' ~ ~ Y
~ ._ ~ rEnsu
E
~ sew
~ LURuc LEa41M Wpr+BY~CC1,fA ~ 6a0R0 BPS. UIO1M6
~ is 8z: +e aCax 4E~rK' S+6d?']i 1r ?EttO
• C2 8000 20040 2Y'=.'4i' Si0'7+•O2'E T9 ~)
}'_ 4 a'^JO dS+I OD 7!'SD-06' fl0'2i 02~ +9CDi
u s • 5y y
h- .~ :,0.00 3296't>' NtY7Ys6"w ~ ts717
;Yj , al ~~O,yy iS0000 $~2'!6~ 89'771 i'M iaQ~21
! SE ' a1°.OQ t9oGu0 t7'a!'ba' p97a'2~'- aya.ll
t - -
--•--- ese w arsar • ao'2a~24'+r "» !K
:$ . ~ ~a ±es444 t t•=i :9- v-a~s:r ai•¢ ; a9 ~c
VOLTERRA SUBOIVISIC7N
A+20 ZON!ui
(YTf QF NER$1!AN
:Of~N~r SEC 1i, 7-and P.-7w
355-'.t B.~Ey :~00 ~
' asAtvt
~ arearti REOrvs 4n ra 5+4r!4 Ewc c,.aku
~c9 axl m is9aac rsr~4- se_"eass'wr ia47s
CO S?000 +f?SAO t7'2~'74' S9a'37'd6•EI Zh i+
ttr f a?lt3 IOOR00 tT1p7'+6` SYM'+7'3a'w +9t 3a
72 ' 577 JD 255046 1.'MtOS' . SIS+~ rYr. i`S S5
t1S NlpO r00000 :~•09'4:"';r g)yCi7'4 taF _:
cta scat 7~D Ot hY47' S"0.1kY~ vta;
c=s xar.44 mcca w~.••Sr >at,n+•ta~a ;•. +e~
~~
^~Quadrant
„Cr+~vitint~, 1nC,
~~ 19W • ii144tA+~ fMr~
9sw. ttw+o Y.l7G5
•20R%.lat-DU1t 1.Ot4 f70Qt !~:-0.'At ~~~
J ^,F a 7;i EtNKYMM6.4Y4 EraC-G~n6t.u[^!+.:i.rN:dWl!!
C 'LaC „O~
EXHIBIT D-1
LEGAL DESCRIPTION OF EXISTING C-G ZONE
(SEE ATTACHED)
as ~6-i9xs-xass.3
.tuns 7i. 2005
PIiQPpBtJ~ tt~ti
YOttERRA SL19D1f-iStt7H1
A pstcd at tad iooatad iq Ure NE 3~G al ~ K~ ~ dt 8aoficr- 34 wrd the SE 'l of the aE
•~. ai 9ecpoa- Z?, T. 4frt.. R. tW.. B.M., Ads Gotmry. tdeho. troth pariirx~atfy clnscrib+rQ ae
ldtarra~.
Co~ritrrrrbfng d the corr»r wmrrwrt by Sediotris 2ti, 38- eut<ti the aokf geatbtfs 21 ~
34. frnane Mfikh the K ot~tnsr ootnman !b satQ 8ediorts 27 arrQ ~ itnate f~tlh 88.65'65"
w.aR, ~:~~ i~t, .~ ~,~ bair+a rite ar~u. pou~fT ors i8f~0~q~i+tti<;
9Z0.'J8 ~ ~rQ thr coat 8ne1 of 1hs NE ~ aT sski Sac~Ort 3+{ South 00'S9'~8"West.
Ttrfrrce NOtih 8$'OB'0~' Walt. 3p2.73 fee! b a potRtN' Cr11V~te;
i'henos 780.88 !fast abnp tits aro of s cwve b the h01rt. add cture fiovJtt~ a n~-e of
90t3.110 ~srrt. s delb~ atrgls of i10'10~'10'. ~ • brtlg chord bwrln~ Natty 44.Ot'Q1" Vflsst,
70l1.1d last sD a point of tftcy;
Thenos North tn'04'Q4' E1tft. 4?t .a1 best b s print dfr lire rrvrth Nne of srNd NE'Y. of
Saedorr 3t;
'i'hsnce oarrWrubrp Norte p1'O+t'44' EarB, 41~.7J ie~ ba a patni of aunra4srs;
ThnrOS 6Z3.4t) fact a tha uc of a caws !d ~- tbgld;, a+tld cows henrMg a e+sefwf+ of
~0001ISeR. a 4afts arfgt+r vfidQ ti'44•. and a brtB ohar+d bearing Nodh46.42'S6" test,
582.20 hat b s pfd ~ienpaf~ay;
1'trdtl0p SOWtI 89"8'12" East. +tflG~i4 Pest b at p~f1t on th0 ptt Iklf+ of 1ho BE'i4 Of
said 8vottofr 2t;
Thenos arl0rlp add ~ tkne South 00`21`48' 1Nrrst. 6106.74 het fo 1tw ROfIrT OF
eSiCdB111118h. Car~lallrrinp 86.19 aloero. rnnf+a ~ isaa.
4816-1925-2485.3
EXHIBIT E
PHOTOS AND RENDERINGS
(SEE ATTACHED)
48th-1925-24$5.3
COY OF l~RmO'AN Pf:ANNAtQ DEPARr]1d~'I' SI'APP RBPORT POIt 7~ NFARMtI AJt78 OFNOVP.ytB~ 23.2003
4816-t925-2485.3
CRY OP bO?JtiDUW PiAAIIdDdQ DEPAR'fAQ:NB' S7'APP RBRORT FOR 7'H,E I~RII~fQ DA'i8 OP' NOVP~R 25.2a0t
4816-1925-2485.3
Cf1Y OF M®tm1~W PLA.*1IVA~t(3 D~lAR7'.~I+~I SIAFP REPORT FOR TEIS I~18ARIIV[3 DATE OF hTUVfiM$ER ZS.2D01
4816-1925-2485.3
AND A LONG CHORD BEARING N 10°24'01" W A DISTANCE OF 128.34
FEET TO A 518 INCH DIAMETER IRON PIN;
TIH!JNCE N 1°03'32" E A DISTANCE OF 588.00 FEET TO A S/8 INCH DIAMETER IRON
PIN;
THENCE A DISTANCE OF 1!:3.78 FEET ALONG THE ARC OF A 307.00 FOOT RADIUS
CURVE LEFT, SAID CURVE HAVING A CENTRAL ANGLE OF 30°34'01"
AND A LONG CHORD BEARING N 14°13'28" W A DISTANCE OF 161.85
FEET TO A 5/8 INCH DIAMETER IRON PIN;
THENCE S 88°56'28» E A DISTANCE OF 434.84 FEET TO A 518 INCH DIAMETER IRON
PIN;
THENCE S 0°49'13" W A DISTANCE OF 112.27 FEET TO A 518 INCH DIAMETER IRON
PIN;
THENCE S 89°15'21" E A DISTANCE OF 622.75 FEET TO A 5/8 INCH DIAMETER IRON
PIN ON THE WESTERLY RIGHT-OF-WAY OF N. TEN MII.E RD;
THENCE S 0°21'14" W ALONG SAID RIGHT-OF WAY BEING 46.00 FEET WESTERLY
OF AND PARALLEL TO THE EASTERLY BOUNDARY OF SAID SE'/+ A
DISTANCE OF 867.98 FEET TO A 5i8 INCH DIAMETER IRON PIN;
THENCE S 7°11'51" W ALONG SAID WESTERLY RIGHT-OF WAY A DISTANCE OF
100.72 FEET TO A 5/8 INCH DIAMETER IRON PIN;
THENCE S 0°21'14" W ALONG SAID RIGHT-OF-WAY BEING 58.00 FEET WESTERLY
OF AND PARALLEL TO THE EASTERLY BOUNDARY OF SAID SE %, A
DISTANCE OF 84.76 FEET TO A 518 INCH DIAMETER IRON PIN;
THENCE S 33°15'26" W ALONG SAID WESTERLY RIGHT-0F-WAY A DISTANCE OF
57.62 FEET TO THE POINT OF BEGINNING.
THIS PARCEL CONTAINS 26.17 ACRES (1,139,781 SQUARE FEET}.
ERROR OF CLOSURE: ERROR NORTH: 0.00246
ERROR EAST: -0.00014
PRECISION: 1:1,756,556.00
4816-1925-2485.3
EXHIBIT G
PROPERTY BOUNDARY ADJUSTMENT PBA-08-OI3
(SEE ATTACHED)
,?.
~;
W
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N
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h "7'
N C
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~ ~ ~ ti ~ $
~~~''s=
Y ~ ~ $ r
_ ~ ~ ~ ~
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