HomeMy WebLinkAboutApplication~~E IDIAN~--
IDAXO
TRANSMITTALS TO AGENCIES FOR COMMENTS ON
DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
MayorTammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
To ensure that your comments and recommendations will be considered by
the Meridian Planning and Zoning Commission please submit your
comments and recommendations to Meridian City Hall
Attn: Jaycee Holman, City Clerk, by:
31-Mar-11
Transmittal Date: March 10, 2011 File No.: CPAM 10-002 & RZ 11-001
Hearing Date: April 7, 2011
Request: Public Hearing -Amendment to the Comprehensive Plan Future Land Use Map to change the land use
designation on 13.85 acres of land from Mixed Use -Community (MU-C) and 20.04 acres of land from Office to
Mixed Use -Non Residential (MU-NR) and Rezone of 18,522 +/- square feet from L-O (Limited Office) to I-L
(Light Industrial) and 16.24 +/_ acres from L-O to C-G (General Retail & Service Commercial) for McNelis Sub
By: Ten Mile Center, LLC
Location of Property or Project: Northwest Corner of N. Ten Mile Road and
W. Ustick Road
Joe Marshall (No FP)
Scott Freeman (No FP)
Steven Yearsley (No FP)
Michael Rohm (No FP)
Tom O'Brien (No FP>
Tammy de Weerd, Mayor
Charlie Rountree, C/C
Brad Hoaglun, C/C
Keith Bird, C/C
David Zaremba C/C
Sanitary SerVIC2S (No VAR, VAC, FP)
Building Department /Rick Jackson
Fire Department
Police Department
City Attorney
City Public Works/Scott Steckline
City Planner
Parks Department
Economic Dev. (cuP only)
City Engineer
Your Concise Remarks:
Meridian School District (No FP>
Meridian Post Office (FP/PP/sHP only>
Ada County Highway District
Ada County Development Services
Central District Health
COMPASS (Comp Plan only)
Nampa Meridian Irrig. District
Settlers Irrig. District
Idaho Power Co. (FP,PP,cuP/SHP only)
QWeSt (FP/PP/SHP only)
IntermOUntaln GaS (FP/PP/SHP only)
Idaho Transportation Dept. (No FP)
Ada County Ass. Land Records
Downtown Projects:
Meridian Development Corp.
Historical Preservation Comm.
South of RR / SW Meridian:
NW Pipeline
New York Irrigation District
Boise-Kung Irrigation District
Boise Project Board of Control /Tim Page
City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642
Phone 208-888-4433 •Fax 208-888-4218 • www.meridiancity.org
IAN'S - Planning Department
COMMISSION & COUNCII. REVIEW APPLICATION
Type of Review Requested (check all that apply)
^ Alternative Compliance
^ Annexation and Zoning
^~ Comprehensive Plan Map Amendment
^ Comprehensive Plan Text Amendment STAFF USE ONLY:
^ Conditional Use Permit
^ Conditional Use Permit Modification File number(s): C~.P~ M- Ip- O~L'_ 1Q Z I1-oDl
^ Design Review M~p~ - ~t -001
^ Final Plat
^ Final Plat Modification Project name: Mc.IVG.~i 5 S.ibd~ vi S~rn~-
^ Planned Unit Development Date filed: -Z-15-10 Date complete: 2.- 2.3-11
^ Preliminary Plat
^ Private Street Assigned Planner: ~r,y a,. Wa i--te.rS
^ Rezone Related files:_R,Z-~o`t-oo`-Ir '~ PP -oy -00~-1
^ Short plat
^ Time Extension (Commission or Council) laR~'` t°`Eo`132g1°~
^ UDC Text Amendment Hearing date: `~'"~" It ~ Commission ^ Council
^ Vacation (Council)
^ Variance
^ Other
Applicant Information
Applicant name: Ten Mile Center, LLC Phone: 4~ Ce - ~ ~ b7
Applicant address: 621 N. Robinson Blvd, Nampa Zip: 83687
Applicant's interest in property:^ Own ^ Rent ^ Optioned ^ Other
Owner name: Ten Mile Center, LLC
Phone:
Owner address: 621 N. Robinson Blvd, Nampa Zip: 83687
Agent name (e.g., architect, engineer, developer, representative): Tamara Thompson
Firm name: Landmark Development Group, LLC Phone: 208-342-4516
Address: 2462 Sunshine Drive, Boise Zip: 83712
Primary contact is: ^ Applicant ^ Owner ^Q Agent ^ Other
Contact name: Tamara Thompson Phone: 208-342-4516
E-mail: tthompson~landmarkdevgroup.com Fax; 208-342-4515
Subject Property Information
Location/street address: Northwest corner N. Ten Mile and W. Ustick Roads
Assessor's parcel number(s): 85629430010, 20, 50, 60, 70, 80, 90, 100, 110, 120, 130, 140, 150, 160 170 180 190 ~~
Township, range, section: SE 1/4 34 T4N R1 W
Current land use: vacant land
Total acreage: 31.3
Current zoning district: C-G, L-O, I-L
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
1
Project Description
Projectlsubdivision name: McNelis Subdivision
General description of proposed project/request: Change Comprehensive Plan land use designation from Mixed Use
Communitv and Office to Mixed Use Non-Residential
Proposed zoning district(s): C-G and I-L
Acres of each zone proposed: C-G = 16.64 ; I-L = 14.67
Type of use proposed (check all that apply):
^ Residential ~ Commercial ~ Office ^~ Industrial ^ Other
Amenities provided with this development (if applicable): Multi-use paths along 5 & 9 Mile Creeks
Who will own & maintain the pressurized irrigation system in this development? irrigation district
Which irrigation district does this property lie within? Nampa-Meridian Irrigation District (NMID)
Primary irrigation source: NMID- pump Secondary: City water
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is city water): na
Residential Project Summary (if applicable)
Number of residential units:
Number of common and/or other lots:
Number of building lots:
Proposed number of dwelling units (for multi-family developments only):
1 Bedroom:
Minimum square footage of structure(s) (excl. garage):
Minimum property size (s.f):
Gross density (DU/acre-total land):
Percentage of open space provided:
Percentage of useable open space:
2 or more Bedrooms:
Proposed building height: _
Average property size (s.f.):
Net denSlty (DU/acre-excluding roads & alleys):
Acreage of open space:
(See Chapter 3, Article G, for qualified open space)
Type of open space provided in acres (i.e., landscaping, public, common, etc):
Type of dwelling(s) proposed: ^Sfngle-family ^ Townhomes ^ Duplexes ^Multf-family
Non-residential Project Summary (if applicable)
Number of building lots: 14 Other lots: 4
Gross floor area proposed: max per code Existing (if applicable): na
Hours of operation (days and hours): lam - lOpm; longer w/CUP Building height:
Percentage of site/project devoted to the following:
Landscaping:
Total number of employees:
Building:
Paving:
code
Maximum number of employees at any one time:
Number and ages of students/children (if applicable):
Seating capacity:
Total number of parking spaces provided: Number of compact spaces provided:
Authorization
Print applicant name:
Applicant signature:
Date: 12/10/10
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
2
landmark
December 14, 2010
Anna Borchers Canning
Planning Director
33 E. Broadway Ave, Ste 210
Meridian, ID 83642
Re: Comprehensive Plan Map Amendment - McNelis Subdivision
Northwest corner Ten Mile and Ustick Roads
Dear Ms. Canning:
Attached to this letter is a Comprehensive Plan Map Amendment Application for the
northwest corner of North Ten Mile Road and West Ustick Road. The current land use
designation is Mixed Use- Community for the Light Industrial (I-L) zoned parcels and
Office for the Light Office (L-O) zoned parcels. We respectfully request to change both
the Mixed Use- Community and Office land use designations to Mixed Use Non-
Residential. This application excludes the two parcels with a Commercial land use
designation and CG zoning (85629430030, 85629430040) on this corner.
This property was annexed and zoned under application AZ-04-004. The plat was
processed under PP-04-004 and has been finalized and infrastructure improvements
constructed, including the multi-use paths along the Five Mile and Nine Mile Creeks.
Additionally, a Development Agreement exists between the City and Falcon Creek, LLC,
the previous ownership entity.
The requested Comprehensive Plan Map Amendment to Mixed Use Non-Residential is
consistent with the surrounding properties. This property is adjacent to the City of
Meridian's Waste Water Treatment Plant. All of the other adjacent properties that
surround the Waste Water Treatment Plant had a land use designation of Mixed Use -
Waste Water Treatment Plant (MU-WWTP). With the recent update of Meridian's
Comprehensive Plan, the MU-WWTP land use designation has been replaced by the
Mixed Use Non-Residential designation. Therefore, all of the other properties now have
the Mixed Use Non-Residential designation. Changing the land use designation on this
property and its parcels to Mixed Use Non-Residential would be consistent with the land
use designation the other properties around the Waste Water Treatment Plant enjoy.
The proposed amendment of the land use designation to Mixed Use- Non-Residential
would allow a greater degree of use flexibility, and provide for a combination of
compatible land uses to meet the real estate market demands.
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Within the Mixed Use Non-Residential land use designation there will be no residential
uses permitted and retail may comprise a maximum of 50% of the development area
while allowing for a variety of land uses such as employment opportunities, professional
offices, warehousing, storage, as well as retail and restaurant uses. These uses are
consistent with and support the neighboring residential uses and will be directly
accessible by both vehicle and pedestrians.
The I-L zoned properties to the north of the site provide a buffer and transitional area
adjacent to the waste water treatment plant. Light warehousing, mini-storage, light
industrial, public use offices and contractor's yards are the most likely uses on these
properties.
We are not proposing to change the I-L zoned properties; but the I-L zone doesn't fit
within the MU-Community land use designation, nor does the MU-Community land use
designation seem compatible within the close proximity to the Waste Water Treatment
Plant. Therefore the proposed change to Mixed Use Non-Residential is necessary to
"clean-up" this discrepancy.
The remainder of the property to the south of the I-L zoned property lends itself to
compatible uses such as a garden center, hardware store, service & professional offices,
restaurants, drive-thru facilities, banks, and other retail. This property is currently zoned
L-O. The majority of these uses are not allowed in this zone. A subsequent rezone to CG
and a development agreement modification will be requested to accommodate these other
compatible uses.
The proposed change in land use designation from Mixed Use-Community and Office to
Mixed Use Non-Residential is consistent with the stated goals and objectives of Meridian
Comprehensive Plan. It provides a variety and balance of land uses to support
Meridian's Impact Area and it encourages compatible uses to minimize conflicts in land
use.
Thank you in advance for your consideration and support. We look forward to working
with City staff to plan a quality project of which we can all be proud.
Sincerely,
amara Thompson
Landmark Development Group, LLC
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development group, LLC
February 23, 2011
Anna Borchers Canning
Planning Director
33 E. Broadway Ave, Ste 210
Meridian, ID 83642
Re: Zone Change and Development Agreement Modification - McNelis Subdivision
Northwest corner Ten Mile and Ustick Roads (Revised)
Dear Ms. Canning:
Attached to this letter is a Zone Change and associated Development Agreement Modification applications
for the northwest corner of North Ten Mile Road and West Ustick Road. Please note, no accesses
(vehicular or pedestrian) are proposed to be modified with these applications.
This property was annexed and zoned under application AZ-04-004. The plat was processed under PP-04-
004 and has been finalized and infrastructure improvements constructed, including the multi-use paths along
the Five Mile and Nine Mile Creeks. Additionally, a Development Agreement exists between the City and
Falcon Creek, LLC, the previous ownership entity.
Zoning ordinance No. 04-1090 was recorded on 07/23/04, instrument number 104093296. The
Development Agreement was recorded on 07/23/04, instrument number 104093293. The ownership entity
listed in the Development Agreement is Falcon Creek, LLC. The entity has been renamed Ten Mile Center,
LLC, most of the main members of the LLC remain the same.
Maverik (who owns Lot 4, Block 1) previously processed CUP 08-009 and obtained City approval to allow for
a 24-hour operation, Maverik convenience store with fuel sales. We propose the DA be modified to address
this approval.
The current zoning consists of Light Industrial (I-L 14.67 acres) zoned parcels, Light Office (L-O 16.64
acres), and General Commercial (C-G 2.76 acres) zoned parcels. We respectfully request to change the
Light Office (L-O) zones to General Commercial (C-G). The Light Industrial zone will stay the same. Thus,
the final acreage of each zone would be Light Industrial (I-L 14.67 acres) and General Commercial (CG 19.4
acres). There is a small discrepancy in the current parcel lines and the zone lines. This application includes
rezoning a small triangle to I-L to clean up the discrepancy.
The real estate brokers for the property have identified by means of demographics, shopping trends, and
market studies that uses such as pet supplies, veterinarian, flower shop, daycare, dance studio, children's
clothing, dry cleaning, office supply, restaurants, bank, window coverings, eye doctor, cell phone sales,
equipment and tool rental, and vehicle services are needed in the immediate vicinity. The current L-O zone
does not accommodate many these uses. The proposed rezone from L-O to C-G would allow a greater
degree of use flexibility, and provide for a combination of compatible land uses to meet the real estate
market demands.
A Comprehensive Plan Amendment is currently being processed to change the Limited Office land use
designation to Mixed Use Non-Residential. Within the Mixed Use Non-Residential land use designation
there will be no residential uses permitted and retail may comprise a maximum of 50% of the development
area while allowing for a variety of land uses such as employment opportunities, professional offices,
warehousing, storage, as well as retail and restaurant uses. These uses are consistent with and support the
neighboring residential uses and will be directly accessible by both vehicle and pedestrians.
2462 Sunshine Drive Boise, ID 83712 office: 208.342.4516 fax: 208.342.4515 vvww.landmarkdevgroup.com
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development group, LLC
The I-L zoned properties to the north of the site provide a buffer and transitional area adjacent to the waste
water treatment plant. Light warehousing, mini-storage, light industrial, animal care facilities, flex space,
public use offices, and contractor's yards are the most likely uses on these properties. We are not
proposing to change or modify this zone.
With the Comprehensive Plan Amendment and Rezone of L-O to C-G the Development Agreement will
need to be modified accordingly. The proposed changes are as follows:
1. In the first paragraph update the ownership entity from Falcon Creek, LLC to Ten Mile Creek, LLC.
The address remains the same. Add Maverik Inc 880 W. Center Street, North Salt Lake City, UT
as a party.
2. In Recital 1.4 delete (L-O) Limited Office District.
3. Section 3.1 update City address to 33 E Broadway Ave.
4. Section 3.2 update ownership entity to Ten Mile Creek, LLC
5. Section 3.3 delete L-O.
6. Section 4.1 remove L-0 and update common lots to from 5 to 4. Italic sentence to read
Construction and development of a commercial subdivision with 16 buildable lots and 4
other/common lots, in a proposed C-G and I-L zones.
7. Section 6.A.4 delete entirely. Conditional Use Permits on each parcel is not necessary due to the
City's relatively new Design Review process.
8. Section 6.A.6 remove L-O and add a comma after 10pm, and add unless approved by a
Conditional Use Permit. Add Lot 4, Block 1 is approved for 24-hour operation.
9. Section 6.A.7 add to the end of the last sentence, with the exception that Lot 4, Block 1 is
approved for a convenience store with fuel sales.
10. Section 6. D.8 delete entirely. Separate CUP approval is not necessary due to the design review
process.
11. Allowed and prohibited uses for each zone: Globally, we propose that each zone should enjoy the
permitted, accessory, and conditional uses available in the respective I-L and C-G Permitted Use
tables codified in the Meridian City Code. However, we do not propose to change those uses
specifically prohibited in the Development Agreement.
a. I-L zone: Update MCC11-8-1 to MCC 11-2C-2 as "Permitted Use" in the I-L zone.
b. Delete L-O Permitted and Prohibited Uses entirely
c. C-G zone: Update MCC 11-8-1 to MCC 11-2B-2 as "Permitted Use" in the C-G zone.
d. Remove all reference to "* ***, and ****.
12. Section 7 add language stating This agreement was complied with, within the required 2-year
period.
13. Section 17 update City address to 33 E. Broadway Ave and update ownership entity to Ten Mile
Center, LLC and Maverik Inc.
Thank you in advance for your consideration and support. We look forward to working with City staff to plan
a quality project of which we can all be proud.
Sincerely,
~,
Tamara Thompson
Landmark Development Group, LLC
2462 Sunshine Drive Boise, ID 83712 office: 208.342.4516 fax: 208.342.4515 www.landmarkdevgroup.com
_ WHEN RECORDED, RETURN TO:
Ten Mile Center LLC,
an Idaho limited liability company
3350 Americana Terrace, Suite 200
Boise, ID 83706
CORREt
~-- --
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 12.00
BOISE IDAHO 07115!06 09:16 AM
DEPUTY Bonnie Oberbillig III IIIIIIIIII'I'IIIIIIII~IIIII
RECORDED-REQUEST OF 108080648
. Stewart Title Company
~TIVE WARRANTY DEED
~ FALCON CREEK CONVEYANCE TO TEN MILE CENTER
i
THE PURPOSE OF THIS DEED IS TO CORRECT THE ERRONEOUS NOTARY
JURAT OF THAT CERTAIN WARRANTY DEED BY FALCON CREEK LLC
i (GRANTOR) TO TEN MILE CENTER LLC (GRANTEE) RECORDED JUNE 13, 2006,
INSTRUMENT NO. 106093952, OFFICIAL RECORDS OF ADA COUNTY, STATE OF
IDAHO.
Falcon Creek, LLC (Grantor) hereby conveys, grants and warrants to Ten Mile Center
LLC, an Idaho limited liability company (Grantee), whose address is 3350 Americana
Terrace, Suite 200, Boise, Idaho 83706, for the sum of TEN DOLLARS and other good and
valuable consideration, the following described real property totaling 34.60 acres located at the
Northwest comer of Ustick and Ten Mile, Ada County, Idaho. The legal description is as
follows:
See Exhibit "A" attached hereto and made a part hereof.
SUBJECT TO taxes and assessments from the year 2005 and all
subsequent years, together with any and all existing easements,
rights-of--way, reservations, restrictions and encumbrances of
record, to any existing tenancies, to all zoning laws and
ordinances, and to any state of facts an accurate survey or
inspection of the premises would show.
This conveyance shall include any and all appurtenances, tenements, hereditaments, reversions,
remainders, easements, rights-of--way and water rights in anywise appertaining to the property
herein described.
The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said premises;
that the premises are free from all encumbrances, excepting those as may be herein set forth, and
excepting those of record, and that Grantor will warrant and defend the same from all lawful
claims.
IN WITNESS WHEREOF, the Grantor has executed this instrument on this ~~~~ day
of Sv~t-Y , 2008.
r~~S
SIGNATURES AND NOTARY ACKNOWLEDGEMENTS CONTINED TO NEXT PAGE
SIGNATURES AND NOTARY ACKNOWLEDGEMENT PAGE
TO CORRECTNE WARRANTY DEED
Falcon Creek_/~ C .
By: ( v
Name: Edward J. elis
Its: Managing ember
By: Interwest Development Corporation,
an Idaho corporation
Its: Manager
By:
Name: A. eon Blaser
Its: President
STATE OF 1r,Qa~y )
.ss
County of -~~,~ )
On the L()~-~day of ~ ~ ~ , 2008, personally appeared before me Edward
J. McNelis, who being by me, duty sworn, did say that he is the Managing Member of Falcon
Creek LLC, an Idaho limited liability company the said limited liability company that executed
the within and foregoing instrument by Authority, of its Articles or Organization and Operating
Agreement and the said Edward J. McNelis duly acknowledged the said limited liability
company executed the same.
ti~'l~'~` ~'"~`~" ~ NOTARY PUBLIC
Sear ~~r w:~n1
_~_____ ~_____„~ ~. Residing At: IY1
[SEAL] My Commission Expires: /
•~ NOTARY ACKNOWLEDGEMENT CONTINUED TO NEXT PAGE
i CONTINUED NOTARY ACKNOWLEDGEMENT PAGE
TO CORRECTIVEWARRANTY DEED
STATE OF IDAHO
.ss
County of )
On the ~ day of ~U~ , 2008, personally appeared before me A. Leon
Blaser, who being by me, duly sv rn, did say that he is the President of Interwest Development
Corporation, an Idaho corporation, the corporation that executed the within and foregoing
instrument by authority of its By-Laws and Resolution of it's Board of Directors and known to
be the Manager of Ten Mile Center LLC, an Idaho limited liability company and the said A.
Leon Blaser duly acknowledged the said corporation and limited liability company each
executed the same. _ ~/ /~, _
~~/~
- - ~ . ==.-~:.~,----~ NOTARY C/
---- w n~.ri- nu.t.o~ Residing At: ~
t~,~« „~ t~;,t,,, ~ My Commission Expires:
Residing At:
My Commission Expires:
EXHIBIT "A"
A parcel of land located in the Southeast quarter of Section 34, Township 4 North, Range 1 West, Boise
Meridian, Ada County, Idaho, more particularly described as follows:
Beginning at the corner common to Section 2 and 3, Township 3 North, Range 1 West and Sections 34
and 35, Township 4 North, Range 1 West, Boise Meridian;
Thence along the South boundary of said Section 34 North 89 degrees 43'0 0" West, 934.94 feet;
thence North 37 degrees 25'41 "West, 861.63 feet;
thence North 43 degrees 06'33 "West, 45.13 feet;
thence 152.82 feet along the arc of a curve to the left, having a radius of 290.92 feet, a central angle of 30
degrees 05'54", and a 1 ong chord bearing North 58 degrees 09'30" We st 151.07 feet;
thence North 73 degrees 12'27" West, 105.95 feet;
thence 122.51 feet along the arc of a curve to the right, having a radius of 100.50 feet, a central
angle of 69 degrees 50'36", and a long chord be aring North 38 degrees 17'09" West, 115.06
feet;
thence North 03 degrees 21"51" West, 140.80 feet;
thence North 80 degrees 31"41" East, 287.40 feet;
thence South 86 degrees 51"15" East, 701.30 feet;
thence North 64 degrees 14" 16" East, 277.37 feet;
thence South 89 degrees 43"09" East, 303.80 feet;
thence South 00 degrees 17"35" West, 253.68 feet;
thence South 89 degrees 42" 25" East, 267.53 feet to a point on the East boundary of said
Section 34;
thence South 00 degrees 17"35" West, 935.83 feet to the Point of Beginning.
EXCEPT any portion lying within the right of way of Ustick Road or North Ten Mile Road.
****
251
w~~ e~
~,,-~ ~, AR !GEES OF ORGANIZATION
~ ~ ~~ ~~~ ~:~~._ 3
~~ ~~~ ~,; x'~ LIMITED LIABlL1TYCOMPANY
~~~~ ~ ~s
'~:'€.:; .<.~~ { i nstructians on back of app! icati on j
1. The name of the limited liability company is:
Ten Mile Center LLC
2. The street address of the initial registered office is:
G:~ OCT l 3 ~(~ ! I ~ ~3
SLIM :_- ; . _ ,.
~ fAT~
sr~,~~ ~ ~~= ~o~~Ho
621 Na. Robinson Rd., Nampa, Idaha 83687
and the name of the initial registered agent at the above address is:
Edward J. McNelis
3. The mailing addressfarfuture correspondence is:
3350 Americana Terrace, Suite 200, Boise, Idaho 83706
4. Management of the limited liability company will be vested in:
Manager(s) j~ ar Member(s) ~ {please ch9ck. the appropHate box)
5. If management is to be vested in one or more manager{s), list the name(s) and
address(es) of at least one initial manager. If management is to be vested in the
member(s), list the name(s) and address(es) of at least one initial member.
Name
Western Horizons, Inc.
Address
621 No. Robinson Rd., Nampa, Idaho 83687
Intervvest Development, Inc. 3350 Americana Terrace, Suite 200,
Boise, Idaha 83705
6. Signature of at least orn
Signature:
Typed Name: Edward
Gapacity: on behalf of ~
y s ~, r~:
Signature
son r sponsible forfarming the limited Nabiiity company:
'~ {, Secretary of State use anly
cNelis
'Vestem Horizons, Inc. ~
Typed Name:
Capacity:
"
~ IDAHO SECRETARY OF STATE
E 10113!2005 B5:0A
CK: 1624 CT: 186191 BN: 916b75
i' „ 1 @ lee.ee = lee.ee oR6AN «c ~ ~
~S¢
AFFIDAVIT QF LEGAL INTEREST
urAtf
STATE OF'IH~O )
~~¢Vi S )
COUNTY OFD )
ame ~ ,t( dress}
p `(,f,,~
{city) (state)
being first duly sworn upon, oath, depose and say:
That I am the record owner of the property described on the attached, and I grant my
permission to:
(name) (address)
to submit the accompanying applications}pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
3. I hereby grant T °rmission to City of Meridian staff to enter the subject property for the
purpose of site it.~ erections related to processing said application(s).
Dated this ,~_day of ~/~Z tri~ _ , 20 l
(Signature)
~r
SUBSCRIBED AND SWORN to before me the day and year first above written.
r p01ilAlD F. lllYQti1ST ~
A A~Ct~nitelt2-~~res
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(Notary Publi r Idaho)
Residing at: !!/g I.t~T~
My Commission Expires: ~ ~'/''~~
33 E Broadway Suite 210 • Meridian, Idaho 83642
Rhone: {208) 884-5533 • Facsimile: {208) 888-6678 • Website: www.meridiancity.org
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WUEN RECO)EZDEI), RETURN TO:
Maverik, Inc., a Wyoming corporation
880 West Centex Street
North Salt Lalce, UT 84054
f~eco ded EIe71<onicaXty
County ~"_"'_""""""
Dab •• x 71me .
Simplfftfe.com 800.480.bt357 .
MAIL TAX NOTICES To:
Maverik, Ync., a Wyoming corporation
880 West Center Street
North Salt Lake, YJT 84054
S'f(,~ 'x'05 ~"l 8 ~ .~-~J
Escrow No. 126366-JB '
• Portion of Parcel SOS29336175
Portion of Paxcel $OS29336205
'W'A~Z1tAN'~Y DEED
WOODLAND SPRINGS, LL.C, AN IriAFIU LI1VfITED LIABILITX COMPAN'Y'organized
and existing under the laws of the State of Idaho, with a mailing address of 1'.O. Box 1b04, Idaho
Falls, County afBonrkeviile, Stato of Idaho 83403, AS GRANTOR{S},
hereby CONVEYS AND WARRANTS TO MAV1R.)<K, INC., A WXOMING
CORPORATION, organized and existing under the laws of the State of Wyoming, with a
mailing address of 880 West Center Street, North Salt Lake, County of Davis, State ofUtah
84054, AS GRANTEB(S),
for the sum of TEN DOLLARS ANA OT:EIER G40D AND VALUABLE CONSIDERA'T>;ON
the following described property situated in the County of Ada, State of Idaho, to wits
Lot 1 of Woodland Springs Subdivisiotx No. 1, According to the Official Piat
thereof, filed in Book 101 of Plats'at Pages 13419-13422, records of A.da
County, Idaho.
S~UBJBCT TO a1I real property taxes and assessments, all existing patent reservations,
easements, rights of way, restrictive covenants and matters of record, all applicQble zoning
ordinances, building codes, laves and regulations, and all encroachnrients, overlaps, boundary line
disputes, claims of easements and othex matters that would be disclosed by an accurate survey or
inspection of the property,
The Operations Manager who signed this deed hereby certifies that this deed and the transfer
represented thereby was duly authorized under the Articles of Organization and Operating
Agreement.
r
[CONTINUED TO NEXT PAGE]
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
I, ~cl ul7c~.~. 1M.~-- I.~.,e...~. i S L~2 l ~ . l~ i,~,..~ o~ ~
~~~~ (name) l (adr, dress) Q ~ ~ g
> C~
(city) (state)
being first duly sworn upon, oath, depose and say:
That I am the record owner of the property described on the attached, and I grant my
permission to:
(name)
to submit the accompanying application(s) pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
Dated this ~ CJ day of d eL' C.,VVI,~~.{~ , 20~_
L
(Sig ture)
~olsc $~~ l2
SUBSCRIBED AND SWORN to before me the day and year first
JEFFREY AUSTIN
NOTARY PUBLIC
STATE CAF IDAHO
E
for Idaho)
dew ol•~S~~G3~ya
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113AI-~1 Q i 450 East Watertower St.
Suite 150
SURVEY Meridian, Idaho 83642
G RC7 U P Phana (208) 84b-BS30
Pax (208) 884-5399
Project No. 11-016 March 10, 2011
L-O TO I-L REZONE
McNELIS SUBDIVISION
A parcel of land located in the SE1/4 of Section 34, T.4N., R.1W., B.M., Ada
County, Idaho, more particularly described as follows:
Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and
Sections 34 and 35, T.4N., R.1W., B.M., from which the E1/4 corner of said Section 34
bears North 00°17'35" East, 2643.52 feet;
thence along the South boundary line of said Section 34 North 89°43'00" West,
934.94 feet;
thence leaving said South boundary line North 37°25'41" West, 731.63 feet to the
NW corner of Lot 2, Block 2 of McNelis Subdivision as filed in Book 100 of Plats at
Pages 13082 through 13084, records of Ada County, Idaho;
thence along the north boundary line of said Lot 2 South 89°43'00" East, 379.54
feet to an angle point in the North boundary line of said Lot 2;
.thence continuing along said north boundary line South 80°50'56" East, 129.76
feet to the REAL POINT OF BEGINNING;
thence leaving said north boundary line South 89°43'00" East, 106.34 feet to a
point on the northwesterly right-of--way line of McNelis Drive, said point also being the
beginning of anon-tangent curve to the right;
thence along said northwesterly right-of-way line the following 3 courses:
along said curve 279.77 feet, said curve having a radius of 427.00 feet, a central
angle of 37°32'25" and a long chord of 274.79 feet which bears North 39°28'12" East;
thence North 58°14'25" East, 244.10 feet to the beginning of a curve to the right;
thence along said curve 126.99 feet, said curve having a radius of 227.00 feet, a
central angle of 32°03'10" and a long chord of 125.34 feet which bears North 74°16'00"
East;
thence leaving said northwesterly right-of-way line South 17°35'00" West, 30.00
feet to a point on the centerline of McNelis Drive;
thence-along-said-centerline-the-following-3-courses;- - -- -_ _._ ____ ... _ _ __ ___ __.. __ __ _ _ __ .. _..
S:~ISG ProjectslMcnelis Sub Rezone~DocumentsuvlcNelis IL Zone.doc Page 1 of 2
thence North 89°42'25" West, 4.79 feet to the beginning of a curve to the left;
thence along said curve 111.89 feet, said curve having a radius of 200.00 feet, a
central angle of 32°03'10" and a long chord of 110.43 feet which bears South 74°16'00"
West;
thence South 58°14'25" West, 238.45 feet to the beginning of a curve to the left;
thence along said curve 273.26 feet, said curve having a radius of 400.00 feet, a
central angle of 39°08'32" and a long chord of 267.98 feet which bears South 38°40'09"
West;
thence leaving said centerline North 80°50'56" West, 129.43 feet to the REAL
POINT OF BEGINNING, containing 18,522 square feet, more or less.
Prepared By:
Idaho Survey Group
Gregory
REV PROVAL
pY
MAR 14 2011
~ WORKS DEPTIC
r, P.L.S.
S:\ISG Projects\Mcnelis Sub Rezoue\Documents\McNelis IL Zone.doc Page 2 of 2
IDAHO
SURVEY
CROUP
Project No. 11-016
C-G ZONE
McNELIS SUBDIVISION
1450 EastWatertower St.
Suite 150
Meridian, Idaho 83642
pno~~ ~2oa} s4~-as7o
fax (208} 884-5399
March 9, 2011
A parcel of land located in the SE1/4 of Section 34, T.4N., R.1W., B.M., Ada
County, Idaho, more particularly described as follows:
Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W.; and
Sections 34 and 35, T.4N., R.1W., B.M., from which the E1/4 corner of said Section 34
bears North 00°17'35" East, 2643.52 feet;
thence along the South boundary line of said Section 34 North 89°43'00" West,
278.00 feet to the REAL POINT OF BEGINNING;
thence continuing along said South boundary line North 89°43'00" West, 656.94
feet;
thence leaving said South boundary line North 37°25'41" West, 731.63 feet to the
NW corner of Lot 2, Block 2 of McNelis Subdivision as filed in Book 100 of Plats at
Pages 13082 through 13084, records of Ada County, Idaho;
thence along the North boundary line of said Lot 2 South 89°43'00" East, 379.54
feet to an angle point in the North boundary line of said Lot 2;
thence continuing along said north boundary line and the southeasterly extension
thereof South 80°50'56" East, 259.19 feet to a point on the centerline of McNelis Drive,
said point also being the beginning of anon-tangent curare to the right;
thence along said centerline the following 3 courses;
thence along said curve 273.26 feet, said curve having a radius of 400.00 feet, a
central angle of 39°08'32" and a long chord of 267.98 feet which bears North 38°40'09"
East;
thence North 58°14'25" East, 238.45 feet to the beginning of a curve to the right;
thence along said curve 111.89 feet, said curve having a radius of 200.00 feet, a
central angle of 32°03'10" and a long chord of 110.43 feet which bears North 74°16'00"
East;
---- ---thence continuing--along said-center-Iine-and-the-easterEy-e~teneion-Chereof South
89°42'25" East, 247.32 feet;
S:~ISG ProjectsUvlcnelis Sub RezonelDocuments~IvlcNelis CG Zone.doc Page 1 of 2
thence South 00°17'35" West, 430.84 feet;
thence along the North boundary line of Lot 3, Block 1 of said McNelis
Subdivision and the easterly extension thereof North 89°43'00" West, 253.00 feet to the
NW corner of said Lot 3;
thence along the West boundary line of Lots 3 and 4, Block 1 of said McNelis
Subdivision and the southerly extension thereof South 00°17'35" West, 475.00 feet to
the REAL POINT OF BEGINNING, containing 16.24 acres, more or less.
Prepared By:
Idaho Survey Group
Gregory G. Carter, P.L.S.
PRpVA--
RE
gY 2011
MAR 14
MER~Dt KS DES C
VVOR
S:\ISG Projects\Mcnelis Sub Rezone\Documents\McNelis CG Zone.doc Page 2 of 2
UNPLAi1ED FfliE NILE ~(
0~1'41~ ~. 87~ .~ ~ N 861'15" W 70130 g 64
N 73'12'27" W
- 105.95' 4 I-L ZONE
C~ N 43'06'33" W
l 45.13'
e
~p BOUNDARY
~~ N 89'43'00° W 379_54'
L1
EXISTING ZONE '
~\ BOUNDARY
\ RPOB L-0 TO I-L
N 80 50'56" W \ -ONE
259,19' t~ ~~ ~ ~
~Z~ 2 \
tlj~\ C-G REZONE
s,,
REVIE ROVAL ~ \,~,
BY ~~'\s~
~iT•
MAR 14 2011 \
MERIDIAN PUBLIC \
WORKS DEPT. ~ ,/4 A ,nB ~
~' ~
-~
S __
CURVE TABLE
Curve Radius t:^9 Chord Dist. or rg. Delta
C1 290.92 152.82 151.07 N 58'09'30" W 30'05'54"
C2 100.50 122.51 115.06 S 38'17'09" E 69'50'36"
C3 400.00 273.26 267.98 S 38'40'09" W 39'08'32"
C4 200.00 111.89 11D.43 S 74'16'00" W 3'03'10"
C5 427.00 279.77 274.79 S 39'28'12" W 37'32'25"
C6 227.00 126.99 125.34 S 74'16'00" W 32'03'10"
LINE TABLE
LINE LENGTH BEARING
L7 129.76 N80'S0'S6"W
L2 129.43 S80'S0'S6"E
L3 106.34 S89'43'00"E
LEGEND
- - - - REZONE BOUNDARY LINE
LOT LINE
- - - - - - SECTION LINE
Standards\ISC-Stondsrd Blaeks & Bordvs\ISG Drawing Templates\8.5%11 E.hibIt200fi.dwt 5/10/200fi 2:7b.4fi PM M5T
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W. USTICK ROAD _ _ ~ _ _ _ 34 3s
89'43'00" W 656.94' N 89'43'00' W s z
278.00'
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SCALE: 1 " = 250'
- IDAHO EXHIBIT DRAWING FOR
'. _ - ,450 E.WATERTDWERBT. MCNELIS SUBDIVISION REZONE
^~= suITE tso
" ~ -..~ -;. SURVEY MERIDIAN, IDAH083642
j ,:. -=, ~~. GROUP, P.C. X266, 846.6570
LOCATED IN THE SE 1/4 OF SECTION 34, T.4N., R.1 W., B.M.,
..ems MERIDIAN, ADA COUNTY, IDAHO
JOB N0.
11-018
SHEET N0.
1
DWG. DATE
3/10/11
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CITY OF MERIDIAN
PRE-APPLICATION MEETING NOTES
Project/Subdivision Name: ~-Yh ~ /12irS ,~'~~ Date: /Z'~ - r o
Applicant(s)/Contact(s): ~.vna rR, 6vnus
City Staff: ~~~ vc PEfP.
Location: N,,v aF T~ /~ %I-C ~- U.~fi
Comprehensive Plan Future Land Use Map Designation: nG.~ ~~ : ~ .Y-p .; a.l T Mv-G Size of Property:
Design Guidelines Development Context:
Proposed Use: Proposed Zoning: ~
Existing Use: Existing Zoning: C-G , i -o , ~ -(_._
Surrounding- Uses:
Street Buffer(s) andlor Land Use Buffer(s):
Open Space/Amenities/Pathways: ~.i~, ~- w . .~a/n ~. -~
Access/Stub Streets/Street System: c
Sewer & Water Service:
Topography/Hydrology/Floodplain Issues:
Canals/Ditches/IrrigationlHazards:
History: A L- n ~- ~ y A ~ i,~ ynR,32 ~ ~
~P
~
Additional Meeting Notes
~ Mad+' ~i°Vi°.la~/ytenn~-- ~1pernre~c.,~t' r p rtrj~J-e deg-~e/apm~~'
- S'ir,brrii t r(~ X.e ~/ bd l t9/ und-erl~he rte' nr~ C h ~. n ctPf
Other AgencieslDepartments to Contact:
^ Ada County Highway District ^ Nampa Meridian Irrigation District _ ^ Public Works Department
^ Idaho Transportation Department ^ Settler's Irrigation District ^ Building Department
^ Sanitary Services Company ^ Police Department ^ Parks Department
^ Central District Health Department ^ Fire Department ^ Other:
Application(s) Required:
^ Administrative Design Review
^ Alternative Compliance
^ Annexation
^ City Council Review (~S;b E~ ~
[~ Comprehensive Plan A endment -Map
^ Comprehensive Plan Amendment -Text
^ Conditional Use Permit
^ Conditional Use Permit ModificationlTransfer
[]'Development Agreement Modification
^ Final Plat
^ Final Plat Modification
^ Planned Unit Development
^ Preliminary Plat
^ Private Street
^ Short Plat
^ Time Extension -Council
^ UDC Text Amendment
^ Vacation
^ Variance
[a'Other R.e ZansL~ ~ss~ b-y~
Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11-5A-5C prior to submittal of an application
requiring a public hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the
site with a public hearing notice in accord with UDC 11-5A-5D.3 (except for UDC text amendments, Comp Plan text amendments, and
vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any
subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre-application meeting shall be
valid for four (4) months.
10 Mile and Ustick - McNelis Subdivision
Neighborhood meeting -December 13, 2010
1 ~~ C~-~~0~1/c~ ~n d ~~~1,~_ 2402 ~ ~~~ ~~ tt,~.~ ~~
V
3 G'YCy y ~~ ~~ ~ 7 3~~ t~l u s ~~ ~~
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
X42-4~ ~ ~e
COMMITMENT OF PROPERTY POSTING
Per Unified Development Code (UDC) 11-SA-SD, the applicant for all applications requiring a
public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment
and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing.
The applicant shall post a copy of the public hearing notice of the application(s) on the property
under consideration.
The applicant shall submit proof of property posting in the form of a notarized statement and a
photograph of the posting to the City no later than seven (7) days prior to the public hearing
attesting to where and when the sign(s) were posted. Unless such Certificate is received by the
required date, the hearing will be continued.
The sign(s) shall be removed no later than three (3) days after the end of the public hearing for
which the sign(s) had been posted.
I am aware of the above requirements and will comply with the posting requirements as stated in
UDC 11-SA-5.
12~~14~~ O
licant/agen signa re Date
Hearing Date: Apri17, 2011
File No.: CPAM-10-002
Project Name: McNelis Subdivision
Request: Request for an amendment to the Comprehensive Plan future land use map to change
the land use designation on 13.85 acres of land from Mixed Use -Community (MU-C)
and 20.04 acres of land from Office to Mixed Use -Non Residential (MU-NR), by Ten
Mile Center, LLC.
Location: The site is located off the northwest corner of N. Ten Mile Road and W. Ustick Road, in
the SE '/4 of Section 34, Township 4N, Range 1 W.
File No.: RZ-11-001
Request: Rezone of 18,522+/- square feet from L-O (Limited Office) to I-L (Light Industrial), and
16.24 +/- acres from L-O to C-G (General Retail & Service Commercial).
File No.: MDA-11-002
Request: Request to modify the existing development agreement to reflect the proposed
rezone; modify uses allowed on the site consistent with the UDC for the
respective zone except for those specifically prohibited in the agreement; update
the owner information; and remove the requirement for conditional use permit
approval of uses on lots that abut Ustick Road, Ten Mile Road, and/or the Nine
Mile Creek.