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CZC_15-013_Primary_Health_at_Chinden-Linder_Crossing�ttlp CERTIFICATE OF ZONING COMPLIANCE REPORT (�/ �EIDIZ �J DATE: March 12, 2015 TO: Matt Witt FROM: Bill Parsons, Planning Supervisor SUBJECT: Primary Health at Chinden/Linder Crossing - CZC-15-013 & DES -15-010 OWNER: Chinden and Linder Crossing, LLC DESCRIPTION OF APPLICANT'S REQUEST The applicant requests certificate of zoning compliance (CZC) and design review (DES) approval to construct a 6,310 square foot medical office building on approximately 0.96 acres of land in the C -C zoning district. The proposed development is part of larger 9.34 acre parcel approved as Chinden and Linder Crossing Subdivision. The new development agreement has been approved and recorded to allow the applicant to move forward with the CZC and DES approval without recording the final plat. However, the approved final plat requires the recordation of plat prior to applying for a building permit and all subdivision improvements must be completed prior to issuing a certificate of occupancy for the building. The site is generally located near the northwest comer of W. Chinden Boulevard and N. Linder Road. DECISION The applicant's request for Certificate of Zoning Compliance and Design Review is approved with the conditions listed in this report. Note: This is not a building permit. You must complete this process before you commence the use or any construction. Please contact Building Services at (208) 887-2211 to verify the building permit andlor inspection requirements. General Conditions of Approval 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Conditions Document Primary Health - CZC-15-013 and DPS -15-010 Site Conditions of Approval 1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. Process Conditions of Approval 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 3. The site plan prepared by Rudeen Architects, dated 02/28/15, labeled A1.01, is approved by the City of Meridian Planning Division as shown in Exhibit B. 4. The landscape plan prepared by South Landscape Architecture, dated 02/28/15, labeled L1.0, is approved by the City of Meridian Planning Division as shown in Exhibit C with the following comment: a. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 5. The elevations prepared by Rudeen Architects, dated 01/21/15, labeled A3.01 and A3.02, are approved by the City of Meridian Planning Division as shown in Exhibit D with the following comment: a. All ground level mechanical equipment shall be screened to the height of the unit as viewed from the property line and/or all rooftop mechanical equipment shall be screened as viewed from the farthest edge of the adjoining right of way in accord with UDC 11-3A-19A.le. 6. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. All of the requested changes to the plans noted above must be revised with the Building Division submittal. 7. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 8. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Division for approval prior to issuance of the building permit. 9. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. 10. The proposed development is part of a final plat that has not yet recorded. Prior to applying for building permit the final plat must be recorded. All of the subdivision improvements, including but not limited to, landscaping, road extension, cross access driveway, 10 -foot multi -use pathway, street lights, recordation of the pedestrian easement and the construction of the "Welcome to Meridian" sign approved with Chinden and Linder Crossing Subdivision must be completed prior to issuing a certificate of occupancy for the building. Conditions Document 2 Primary Health - CZC-15-013 and DES -15-010 Ongoing Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 2. The applicant shall comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (PP -14-011; FP -14-041; DA #2014-088001 and VAR -13-001). 4. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 5. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 6. The applicant shall have an ongoing obligation to maintain all pathways. 7. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 8. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Division on or before March 27, 2015, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11 -5A -6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. EXPIRATION Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if the use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if the construction or alteration has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until March 12, 2016. EXHIBITS A. Vicinity Map B. Site Plan (dated: 02/28/15) C. Landscape Plan (dated: 02/28/15) Conditions Document 3 Primary Health - CZC-15-013 and DES -15-010 D. Elevations (dated: 01/21/15) Conditions Document 4 Primary Health - CZC-15-013 and DES -15-010 A. Vicinity Map Ada County Assessor M OPPm auuw9lPnl NgMs 6W HI MMIS O 9E SEO� ONRVIG TION �R EGFI VFF09ES emm Nkm Vm wmaY Conditions Document 5 Primary Health - CZC-15-013 and DES -15-010 B. Site Plan (dated: 02/28/15) j I 1 I It, I� t•I I rN r' L I I I I • li II Al PNIANRYHN M 0 E ANALY 515 LA[kING ANALYSTS 4 _L 0 E ANALY 515 LA[kING ANALYSTS LEGAL�o[fcumlGN .'I • .u� I Ili 9NIB h I � A1.01 Conditions Document 6 Primary Health - CZC-15-013 and DDS -15-010 C. Landscape Plan (dated: 02/28/15) JGl � 5+ • c�r� r cxuoeH6Lw. arta uuLrfiu =�sr /6116 L6C�lI0x MMMM LANDSCAPE PLAN Conditions Document 7 Primary Health - C/.0-15-013 and DPS -15-010 D. Elevations (dated: 01/21/15) PREFINISHED METAL COPING CAP. COLOR =MEDIUM BRONZE STUCCO, PAINT SM PUTNAM IVORY STUCCO. PAINT BM WHITALL BROWN ■ STUCCO. PAINT O. DEC 1 Pr{ -a Nefh CM1IREen & Linder Croach, Fe ....Croup Meridian. ID COLOR BOARD PHOTOGRAPH O I I'IMr 1,, .) IIU� I I L: U I W If It.' I'?�., I. i # PREFINISHED STANDING SEAM METAL ROOFING. COLOR = COPPER COTE V M ETAL A W NI N G- PO W ERCOAT COLOR=COPPER COTE STOREFRONTWINDOW d ENTRY SYSTEM "h ANODIZED BRONZE FRAMES and CLEAR INSULATED CAUSING CORONA COUNTIT COLOR= eX�i�ury WXN <ww„a uw. cnXq .......... A3.01 Primary Health - CZC-15-013 and DES -15-010 G1 Conditions Document 9 Primary Health - CZC-15-013 and DES -15-010 e All applications are required to contain one Planning Division CERTIFICATE OF ZONING COMPLIANCE of the following unless otherwise noted: Application Checklist Applicant Staff � Description qz ✓ Completed and signed Developmentp Review Application / Narrative fully describing the proposed use of the property, including. the following: t/ Y Information on any previous approvals or requirements for the requested use (i.e., applicable conditions orapprovelor Development Aeement Recorded warranty deed for the subject property Affidavit of Legal Interest signed and notarized by the property owner (if owner is a coiporation, submit copy of [he Articles of Inoerpoption or other evidence to show that the person signing is an authorizedagent) Scaled vicinity map showing the location of the subject property Civil Site/Dimension Plan - 1 full size copy folded to 8'/a" x I1" size A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens ormore scoUDCll-3A-11 Copy of the recorded plat the property lies within 8 yr" x 11" Copy of address verification letter from Development Services. See attached request form Site Plan—*1 copy (folded to 8 'h" x 11" size) Plan must have a scale no smaller than I " = 50' (1 " = 20' is preferred) and be on a standard 1' drawing sheet, not to exceed 36"x 48" (24"x 36" is preferred). A plan which cannot be drawn in its entirety on a single sheet must be drawn with appropriate match lines on two or more sheets The following items must be shown on the siteplan: • Date scale dimensions, north arrow, and project name (scale not teas than P=50') • Names, addresses, and telephone numbers of the developer and the person and/or 1 firm preparing the plan • Parking stalls and drive aisles • Location and detail of bicycle parking facilities • Trash and/or recycling enclosures location - • Detail of trash and/or reacting enclosure (must be screened on 3 sides) • Location and specifications for underground irrigation (Pressurized irrigation can only be waived If you prave no water rights exist to subject m / • Sidewalks or pathways ( reposed and existing • Location of proposed builditIon lot (include dimensions to pmperty lines) • Fencing (proposed and existing) • Calculations table including the following: Y Number of parking stalls required and provided (specify handicap and compact stalls) Y Number of bicycle stalls required and provided Y Building size (sq, fl.) Y Lot size (sq. ft.) Y Setbacks Y Easement locations Reduction of the site plan 8 ''/a" x 11" Landscape Plan - * I copy (folded to 8 %" x 11" size) VPlan must have a scale no smaller than 1 " = 50'(1 " = 20' is preferred) and be on a standard drawing sheet, not to erceed 36"x 48" (24"x 36" is preferred). A plan which cannot be drawn in its entirety on a single sheer must be drawn with appropriate match lines on two or more sheets The following items must be included on the landscapeplan: Community Development. Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www meridiancity ori planning (0 512 112 0 1 4) 3 I s I PA M Community Development. Planning Division. 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 (il• Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.oru/olannine • Date scale dimensions, north arrow, and project name • Names, addresses, and telephone numbers of the developer and the person and/or firm preparing the plan • Stamp/signature of a landscape architect, landscape designer, or qualified nurseryman preparing the plan • Existing natural features such as canals, creeks, drains, ponds, wetlands, floodplains, high groundwater areas, and rock outcroppings • Location, size, and species of all existing trees on site with trunks 4 inches or greater in diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or removed • A statement of how existing healthy trees proposed to be retained will be protected from damage during construction • Existing and/or structures, planting areas, light poles, power poles, walls, fences, berms, parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, fire hydrants, stormwater detention areas, signs, street furniture, and other man-made elements. • Existing and proposed contours for all areas steeper than 20% slope. Berms shall be shown with one-foot contours • Sight Triangles as defined in I1-3A-5 of this ordinance • Location and labels for all proposed plants, including trees, shrubs, and groundeovers (trees must not be planted in City water or sewer easements or within five feet off" hydrants). Scale shown for plant materials shall reflect approximate mature size • A plant list that shows the plant symbol, quantity, botanical name, common name, minimum planting size and container, tree class (I, It, or III), and comments (for Macro, staking,and installation as appropriate) • Calculations of project components to demonstrate compliance with the requirements of this ordinance, including: ➢ Width of street buffers, lineal feet of street frontage, and number of street trees ➢ Residential subdivision trees ➢ Acreage and percentage dedicated for common open space ➢ Acreage and percentage dedicated for qualified open space D Number of trees provided on common lot(s) ➢ Mitigation forremoval of existing trees • Planting and installation details as necessary to ensure conformance with all required standards • Design drawing(s) of all fencing proposed for screening purposes. Include height and material �I Reduction of the landscape plan 8 'h" x 11" V/ Building elevations showing construction materials — •1 co folded to 8/1" x 11" size Reduction of the elevations 8 W" x 11" Electronic version of the site plan, landscape plan, and building elevations in pdf format submitted on a disk with the files named with project name and plan type (i.e. site plan, landscape plan, elevations etc.). We encourage you to submit at least one color version If applying for approval of a public school, provide additional information as required by the Public School Facility supplemental checklist per §67-6519 Fee If this project had prior approval on a site plan, reduced fees may apply) For applications requiring a change of use or new construction we recommend you contact the Ada County Highway District at (208) 387-6170 to determine any fees or requirements For new publie.utilit construction water, sewer,. reclaimed water applicants are required to submit: (2) Sets of conceptual engineering plans including pipe sizes and profiles, in a format that complies with the specifications for project Drawings found at: www.meridiancit .or u lic works/autocad standards/index.as (1) Disk with electronic version of the conceptual engineering plans in the format specified above. Community Development. Planning Division. 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 (il• Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.oru/olannine I tl ltr� i 1 cl Planning Department DESIGN REVIEW Design Manual Compliance Project name: "pVlwtaq- t;l e,47 -1..t. f 4F 71,#: IVEi-►S-4 App]icanUagent: ' Q, V 9 C�'t 1' C. URBAN/SUBURBANDESIGN GUIDELINES 1.0 Site Character 1.1 Coherent Plan Objective: To encourage integrated, functional, and attractive transitional developments that strengthen identity within the City and support urban and mixed-use areas. Y N N/A Design Guidelines' Comments2 Staff C-1.13.1. Developments should establish an appropriate and compatible transitional development... C-1.1.3.1.1. Develop a master plan for large-scale, V phased, and multiple -site proposals to demonstrate... C-1.1.3.1.2. Where appropriate, coordinate with adjacent uses and residential areas, including single -project... C-1.1.3.1.3. Avoid piecemeal and fragmented development that detracts from the establishment... C-1:1.3.1.4. Reduce and mitigate the impacts from proposed developments on adjacent sites as... C-1.13.15. Mixed-use, large-scale, and multiple -site developments should integrate public space within... C-1.13.2. Anticipate the addition of future transit systems to the transportation network and plan for... C-1.1.3.2.1. Coordinate routes, placement of facilities, and infrastructure improvements with the appropriate... C-1.1.3.3? Where possible, incorporate and enhance significant natural features as site amenities and/or... C-1.1.3.4. Appropriately address the critical issues of site layout that influence development character... 1.2 Access & Connectivity Objectives: To promote the interconnectivity of the community and reduce the impacts that vehicle access points impose on roadways and the physical and visual character of developments. ' See corresponding irem in the Design Manual for fitll text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with otter guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1-25-2010) Y N N/A Design Guidelines' Comments' Staff C-1.2.3.1. Limit direct vehicular access off major roadways, including highways, principal arterials... C-1.2.3.1.1. Coordinate and combine access points with adjacent sites and uses to reduce or eliminate... V. C-1.2.3.1.2, Provide site ingress/egress from secondary roadways for sites adjacent to major roadways. C-1.2.3.1.3. Where secondary roadways cannot be provided, coordinate and combine access points to... C-1.2.3.1.4. Multiple -site and large-scale developments should limit ingress/egress points and establish... C-1.2.3.1,5. Use shared access points, secondary roadways, or internal circulation to access corner sites. C-1.2.3.2. Provide pedestrian and vehicular connections that link adjacent uses and circulation... C-1.2.3.2.1. Where possible, coordinate and align ingress/egress points, cross access, and internal... C-1,2.3.2.2. Unrestricted access points and roadways used for site entry should align across primary... C-1.2.3.2.3 3 Multiple pedestrian routes should converge on public and open spaces, such as transit... C-1.2.3.3. Establish internal site circulation as an interconnected network of walkways, pathways... C-1.2.3.4. Plan for access and connectivity to future transit facilities, including, but not limited to... C-1.2.3,4.1. Coordinate with the appropriate agencies and organizations to ensure the successful... C-1.2:3.4.2.3 Provide adequate pedestrian connections from public spaces, building entries, and parking... 1.3 Orientation & Layout Objectives: To ensure that site organization, including, but not limited to, the placement and orientation of buildings, structures, and public spaces, as well as the location and layout of service and parking areas, promotes an integrated built environment that establishes an appropriate development character. Y N N/A Design Guidelines' Comments' Staff C-1.3.2.1. Locate buildings to establish an appropriate _ development character that enhances the... C-1.3.2.1.1. Bring buildings up close to roadways to establish a street presence and orient primary... C-1.3.2.1.2. Limit the distance from buildingsto roadways andthe distance between buildings... C-1.3.2,1.3. Large-scale and multibuilding developments may place buildings away from... See corresponding item in the Design Mmwal forfult text. 1 Insert contents or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 - Facsimile: (208) 888-6854 • Website: www.meridiancity.org Y N N/A I Design Guidelines' Comments' Staff C-1.3.2.1.4.3 Use buildings that incorporate articulated fapades and architectural elements to anchor site... C-1.3.2.2. Provide clearly defined building entries and connect them to roadways, pedestrian walkways... C-1.3,2.2.1. Primary building entries should face roadways, pedestrian environments, or adjacent... C-1.3.2.2.2. Large-scale buildings should provide entrances on at least two different building fagades... C-1.3.2.3. Strategically locate public spaces and site amenities, such as common open space, transit... C-1.3.2.3.1. Organize buildings around public space and site amenities to establish destinations that... C-1.3.2.3.2.3 Use building fagades, enhanced streetscapes, or other appropriate enhancements to... C-1.3.2.3.3. Orient public spaces and site amenities toward roadways adjacent to building entries... C-1.3.2.3.4.3 Spaces designed for courtyards, outdoor seating, dining areas, or other such spaces should... C-1.3.2.4. Locate parking toward the interior of the site and integrate parking areas to establish an attractive... C-1.3.2.4.1. Place parking areas away from site comers, primarily to the rear and/or side of buildings... C-1.3.2.4.2. Use a parking strategy to minimize the land area devoted to vehicular parking; include... C-1.3.2.4.3. Distribute parking into smaller areas around, between, and behind structures to shorten the... C-1;3.2.5. Where possible, coordinate the placement of public spaces, site amenities, parking areas, and/or... C-1.3.2.6. Locate site services, building utilities, and mechanical equipment to enhance the attractiveness... C-1.3.2.6.1. Place and orient service and loading areas, mechanical equipment, and utilities away from... C-1.3.2.6.2. Where possible, place service and loading areas behind buildings and provide access from... C-1.3.2.6.3. Coordinate the placement of freestanding site services and mechanical equipment to eliminate... C-1.3.2.6.4. Place utility lines underground and away from planting zones whenever possible. See corresponding item in the Design Manual forfidl text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset not -compliance tvidt other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Pbone; (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org To incorporate parking as an integrated element of the built environment and address issues that influence the physical and visual characteristics of parking areas, such as the appropriate location for parking, size of parking areas, paving materials, landscaping, and screening. Y N N/A Design Guidelines- Comments2 Staff C-1.4.3.1. Parking areas should establish an appropriate circulation pattern for pedestrians and... C-1.4.3.1.1. Coordinate vehicular and pedestrian circulation patterns to delineate pedestrian walkways... C-1.4.3.1.2. Provide pedestrian connections from internal circulation to public spaces and adjacent... C-1.4.3.2. Design surface parking as an integrated and attractive element of the built environment that... C-1.4.3.2.1. Break up parking areas into smaller, separated modules and arrange parking to minimize... C-1.4.3.2.2. Reduce the depth of parking areas and limit parking between building fayades and... C-1.4.3.2.3. The design and layout of internal site parking should avoid long, unbroken parking bays... C-1.4.3.2.4. Use trees, landscaping, hardscapes, and architectural elements to provide shade, create... C-1.4.3.2.5.3 Shade pedestrian walkways and parking, including stalls and drive aisles, with the appropriate... C-1.4.3.2.6.3 Screen parking with berms, landscaping, walls, architectural elements, or a combination to... C-1.4.3.2.7. Distribute and integrate appropriately scaled lighting to providesafe and adequately... C-1.4.3.3. Where appropriate, incorporate and arrange on-street parking to produce traffic calming effects... C-1.4.3.3.1. Coordinate the use of on-street parking, including the design and location, with the... C-1.4.3.3.2.3 Internal roadways are encouraged to use on-street parking that is integrated with streetscapes... C-1.4.33.3.3 Where on-street parking is provided or where vehicles are circulation is directed in front of... C-1.4.3.4.3 Structured parking facilities are encouraged and should be designed to coordinate vehicular... See corresponding item in the Design Manualforfidl text 2 Insert comments or explanations relevant to the projects compliance or non-cmnpliance. 3 Incorporating ibis guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org C-1.5.3.1.1. Provide appropriate types and sizes of public and open spaces, including development... Y NINIAI Design Guidelines' Comments' Staff C-1.5.3.1.2. Dearly delineate the edges of public spaces. Use building fagades, materials, architectural... C-1.5.3.1.3.3 Where appropriate, place public and open spaces adjacent or in close proximity to transit... 1.5.3.1.4. Design public spaces to provide visual 'interest that enhances development character and... 1.5.3.1.5. Where. appropriate, use public and open 'spaces as transitions between land uses to promote... C-1.5.3.2. Incorporate pedestrian -oriented amenities that promote various active and passive uses within.,. C-1.5.3.2.1. Use decorative pavers or other materials suitable for hardscapes that endure well and add... C-1.5.3.2.2. Incorporate plantings, trees, and other plant materials to add vertical texture and variety to public... C-1.5.3.2,3. Provide adequate seating that reflects the nature of the intended activities. Use fixed seating... C-1.5.3.2.4.3 Introduce public art as an integral part of the public realm. As appropriate, incorporate... C-1.5.3.2.5.3 Include decorative details and elements, such as banners, flags, signs, and planters, which.., C-1.5.3.2.6. Where appropriate, provide pedestrian - scaled light fixtures that provide adequate lighting... C-1.5.3.3. Public and open spaces should maintain pedestrian and user safety and provide secure... 1.6 Landscaping - Obj Ob'ective: To encourage the attractive and purposeful use of plants and other landscape materials that enhance development character, including public and open space, parking, required buffers, and pedestrian environments. Y N N/A Design Guidelines( Comments' Staff C-1.6.2.1. Usean organizational strategy for landscape plantings to promote aesthetic compositions that... C-1.6,2.1.1." Use formal planting arrangements, such as regular and linear intervals and geometric patterns... C-1.6.2.1.2.4Use informal planting arrangements, such as irregular intervals, random patterns, and... C-1.6.2.2. Integrate landscaping as appropriate to establish a consistent appearance and aesthetic... C-1.6.2.2.1, Use appropriate classes of trees for urban environments and streetscapes. Consider height and... I See corresponding ileal in the Design Manual forfull text. ' Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 4Appropriately use formal and/or informal planting arrangements to meet the guideline. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org Y NIN/Al environments that are compatible with existing, planned, and/or anticipated adjacent land uses. C-1.6.2.2.2.3 Landscaping should encourage the Comments' Staff Design Guidelines' Comments' Staff appropriate and attractive use of xeric, drought... Y NIN/Al environments that are compatible with existing, planned, and/or anticipated adjacent land uses. Design Guidelines' Comments' Staff Design Guidelines' Comments' Staff C-1.6.2.2.3. Incorporate various plants and non - C-2.1.3.1. Building designs should appropriately vegetative materials that provide groundcover and... address building scale, mass, and form, and the use... C-1.6.2.2.4.3 Use planters and planting arrangements C-2.1.3.2. Use fundamental design principles, that feature seasonal plants, flowers, and ornamental... including, but not limited to, composition, order... C-1.6.2.3. Where appropriate or advantageous to C-2.1.3.3. Design building fapades that express promote pedestrian activity, integrate streetscape... architectural character and incorporate the use of... C-1.6.2.4. Where possible, development should C-2.1.3.3.1. Design all appropriate sides of buildings, coordinate landscaping with adjacent properties to... 2.0 Architectural Character 2.1 Cohesive Design Objective: To encourage visually aesthetic building designs that promote quality architectural character and establish built environments that are compatible with existing, planned, and/or anticipated adjacent land uses. Y N IN/Al Design Guidelines' Comments' Staff C-2.1.3.1. Building designs should appropriately address building scale, mass, and form, and the use... C-2.1.3.2. Use fundamental design principles, including, but not limited to, composition, order... C-2.1.3.3. Design building fapades that express architectural character and incorporate the use of... C-2.1.3.3.1. Design all appropriate sides of buildings, including fagades that face public roadways, public... C-2.1.3.4. Building design should enhance public and opens spaces, articulate aesthetic character, and... C-2.13.4.1. Design buildings to enhance the attractiveness and appeal of developments, define... C-2.1.3.4.2. Where appropriate, incorporate human and pedestrian scale as integral components of the... C-2.13.5. Use building design and architecture to promote mixed-use and denser developments as... C-2.1.3.5.1 s Building designs are encouraged to use vertically integrated structures and/or horizontal...2.2 Building Scale Objective: See corresponding item in the Design Mauuat forfidl text ' Insert comments or explanations relevant to the projects compliance ornon-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 5 Incorporating vertically integrated uses may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 9 Facsimile: (208) 888-6854 • Website: www.meridiancity.org To encourage building designs that appropriately use architectural and human scale to establish compatible physical and visual relationships with adjacent and surrounding developments and reinforce a cohesive architectural character. Y N N/A Design Guidelines' Comments Staff C-2.2.2.1. Proposed developments should use proportion and scale to design buildings compatible... C-2.2.2.1.1. Infill, greenfield, and redevelopment proposals should coordinate the placement... C-2.2.2.1.2. Large-scale and multibuilding developments are encouraged to produce innovative... C-2.2.2.13. Where possible, group or incorporate smaller uses along fagades that introduce modulation... C-2.2.2.2. Design and configure buildings to reduce overwhelming and disproportioned architectural... C-2.2.2.2.1. Development should consider the scale of surrounding buildings, including relationships to... C-2.2:2.2.2. Use variation in building form and proximity to other buildings, including, but not... C-2.2:2.2.3. Where appropriate, establish a hierarchy of building scales that transition from intense to less... C-2.2.2.2.4. Building scales along roadways and adjacent to or near urban areas of the community are... C-2.2.2.3. Incorporate human scale on appropriate building fagades to support an aesthetic architectural... C-2,2.2.3.1. Use human scale to emphasize fenestration patterns, architectural elements, proportion... C-2.2,2.3.2. Human scale is required at the ground or street level at building entries, along roadways, and... 2.3 Building Form Objective: To enhance the visual interest of building designs and promote quality architectural character. Y N N/A Design Guidelines' Comments Staff C-2.3.2.1. Articulate building forms, including, but not limited to, massing, walls, and roofs, with... C-2.3.2.1.1. Building fagades that face roadways, public spaces, and pedestrian environments should... C-2.3.2.1.2. Design parking structures as integrated buildings that are compatible with surrounding uses... C-2.3.2.1.3. Parking structures should incorporate modulations, architectural elements, details... C-2.3.2:2. Incorporate visual and physical distinctions / in the building. design that enhance building forms... See corresponding Item int the Design Manual for full text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org See corresponding item in the Design Manual forfit/l text. 1 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 a Facsimile: (208) 888-6854 • Website: www.meridiancity.org C-2:3.2.2.1. Use divisions, fenestration, architectural elements, details, accent materials, and human scale... s/ C-2.3.2.2.2. Where building designs incorporate multiple stories, or equivalent building heights... Y N N/A Design Guidelines[ Comment? Staff C-2.3.2.2.3. Use horizontal and vertical divisions in wall planes to organize fenestration as integrated... C-23.2.2.4. Design lower stories to visually anchor buildings to the ground or street and appropriately... C-2.3.2.2.5. Design the uppermost story or fagade wall planes to complete the building design. Use articulation... -2.3.2.2.6. Building designs within designated areas of the Ten Mile Specific Area Plan are encouraged to use... C-2.3.2.3. Building designs should establish visual connections that relate internal spaces at ground- or... C-2.3.2,3.1. Use architectural elements, such as doors and windows, details, and materials to articulate building... C-2.3.2.3.2. Fagades at ground level should average 40 percent transparency along roadways and adjacent to... V, C-2.3.2.4. Building designs should provide proportionally taller ground-level fagades to accommodate various... C-2.3.2.5. Building roof types, forms, and elements should provide variation and interest to building... C-2.3.2.5.1. Building designs should incorporate .appropriate roof forms with primary and secondary... C-2.3.2.5.2. Where appropriate, modulate and/or articulate roof types, both flat and sloped, with roof... 7.4 Architectural Elements Objective: To integrate architectural elements and details as components of cohesive building designs that enhance the visual interest of building fagades, support activity at and/or near ground level, and provide human and pedestrian scale. Y N N/A Design Guidehnest Comments Staff C-2.4.2.1. Use architectural elements and detailing, including, but not limited to, fenestration pattern... C-2.4.2.1.1. Design and articulate architectural elements using proportions, divisions, detailing... C-2.4:2.1.2. Provide architectural elements and detailing that emphasize human scale throughout the... C-2.4.2.1.3? Where appropriate, provide building overhangs or other similar features, such as canopies... C-2.4.2.1.4.3 Integrate strategically located elements as focal points in building designs. Focal elements... See corresponding item in the Design Manual forfit/l text. 1 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 a Facsimile: (208) 888-6854 • Website: www.meridiancity.org C-2.4.2.2. Building designs should not create blank wall segments along roadways or adjacent to public space... C-2.4.2.3. Organize and locate building service equipment, including, but not limited to, mechanical... Y NIN/Al Design Guidelines' Comments Staff C-2.4.2.3.1. Use integrated architectural elements to provide adequate screening and appropriately... C-2.4.2.3.2. Screen service equipment at ground level from pedestrian and vehicular view to a minimum... C-2.4.2.33. Screen service and building equipment that is attached or on top of structures from public view... C-2.4.2.3.4. Use screening techniques, architectural elements, and materials that are consistent with the... 2.5 Materials Objective: To encourage the use of quality materials that promote aesthetic building designs and appropriate contributions to the development of a timeless community character, Y N N/A Design Guidelines' Comments' Staff C-2.5.2.1. Buildings with fagades that face multiple roadways and/or public spaces should use consistent... C-2.5.2.2. Use complementary material combinations that contribute to a cohesive building design... C-2.5.2.2.1. Select combinations that emphasize a finished composition and enhance human scale for... C-2.5.2.2.2. Concrete masonry that provides texture, interest,. and detail may be appropriate for building... C-2.5.2.2.3. Use well -detailed, proportioned, and durable materials that will weather and age gracefully... C-2.5.2.2.4. Create interest and variety in fagade design to establish attractive architectural character and.., C-2.5.2.2.5. Provide pattern, texture, and detail in the building design and distinguish field materials from... C-2.5.2.3. Where materials transition or terminate, provide detailing to express the natural appearance... C-2.5.2.4. Use colors that complement the use of building materials and support innovative and good... C-2.5.2.4,1. The use of subtle, neutral, and natural tones for field materials should complement accent... C-2.5.2.4.2. The use of intensely bright and fluorescent colors, as well as the widespread use of saturated... C-2.5.2.4.3. Materials or colors with high reflectance, such as metal or reflective glazing, should be... 2.6 Signs & Lighting See corresponding !tent in the Design Manual forfidl lest. ' Insert comments or explanations relevant to the projects compliance or non-compliance. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 0 Facsimile: (208) 888-6854 0 Website: www.meiidiancity.org Objective: To encourage the use of signs and architectural lighting as integrated elements of building and site designs that contribute to the atmosphere of quality, aesthetic built environments. Y NINIA1 3.1 Industrial Developments Design Guidelines' Comments Staff industrial uses. Y N C-2.6.3.1. Where appropriate, use lighting on building Design Guidelines] Comments2__ Staff exteriors to promote safe pedestrian environments... C-3.1.3.1.Orient industrial developments, including C-2.6.3.1.1. Coordinate lighting fixture spacing and uildings, structures, and site elements, such as work... height alongstreetscapes and roadways to avoid... C-3.1.3.2. Provide an appropriate architectural design C-2.6.3.1.2.3 The use of architectural lighting is for buildings and structures that are adjacent to... encouraged to be energy-efficient and easily... C-3.1.3.3. Use the placement and orientation of the C-2.6.3.1.3. Lighting fixtures used on building building or structure to screen industrial activity... v exteriors should be integrated with building design... C-3:1.3.4. Maintain the required buffers adjacent to non-residential uses as indicated in the UDC... C-2.6.3.2. Signs should be integrated with architectural elements and complement building designs and... C-2.6.3.2.1. Provide signs to identify individual storefronts,. buildings, and uses along roadways... C-2.6.3.2.2.3 Use corporate and business logos to identify developments and businesses along... C-2.6.3.2.3. Use appropriately scaled signs that incorporate logos, minimize or eliminate the use of... C-2.6.3.2.4, Where buildings are brought up close to roadways, pedestrian environments, and public... C-2.6.3.2.5.3Decorative flags and banners should promote the identity of place and enhance the... URBAN/SUBURBANC. DESIGN GUIDELINES 3.0 Specific Criteria 3.1 Industrial Developments Objective: To promote the appropriate use of site layout, separation techniques, and architectural design guidelines to mitigate the adverse impacts that industrial uses impose on adjacent commercial, residential, and other non- industrial uses. Y N N/A Design Guidelines] Comments2__ Staff C-3.1.3.1.Orient industrial developments, including uildings, structures, and site elements, such as work... C-3.1.3.2. Provide an appropriate architectural design for buildings and structures that are adjacent to... C-3.1.3.3. Use the placement and orientation of the V building or structure to screen industrial activity... v V C-3:1.3.4. Maintain the required buffers adjacent to non-residential uses as indicated in the UDC... See corresponding item in the Design Manual forfidl text. 2 Insert comments or explanations relevant to the projects compliance or non-conoliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 3.2 Residential Conversions Ob' ective: To accommodate the adaptive reuse of the existing residence to a commercial use, while maintaining compatibility with the use(s) on adjoining properties. To ensure that such residential to commercial conversions are compatible with the existing character of the original residential use, while recognizing the need to modify the structure to meet commercial building code requirements. Y N N/A Design Guidelines' Commemsz Staff C-3.2.3.1. Developments that propose the conversion of residential to commercial within Old Town should... C-3.2.3.2. Residential to commercial conversions should use the guidelines from Section C. Design... -3.2.3.3. Additions, restorations, and repairs should use similar building forms, materials, and details... C-3.2.3.4, Where there are site constraints that prevent a conversion from complying with the site character... See corresponding item in the Design Manual forfull text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.muridiancity.org (AWE A�llil o! — ~ Planning Division ADMINISTRATIVE REVIEW APPLICATION of Review Requested Certificate of Zoning Compliance Information File number: CZC-15-013 �yEs' 15 'y/y Assigned Planner: Bill Parsons Related Files: PO Iy-aW' /yon(• LW 961q— 6D( VAA-13 --oa Applicantname: MATT WITT, ROCKY MOUNTAIN MANAGEMENT & DEVELOPMENT, LLC Phone: Applicant address: 2700 W. AIRPORT WAY Ownername: FAE HOLDINGS 450070R, LLC Owner address: 2700 AIPORT WAY Agent name (e.g. architect, engineer, developer, representative): Firmname: RUDEEN ARCHITECTS Address: 199 N CAPITOL BLVD., STE 602 Contact name: DAVID BLODGETT Contact address: 199 N CAPITOL BLVD., STE 602 Information Location/street address: 6555 N LINDER RD Assessor's parcel nu obcox): R1065270123 Township, range, section: 4N1 W23 Project Description zip: 83715 Email: maw@rmcos.com Phone: 208-345-7030 Fax: zip: 87315 Email: DAVID BLODGETT Phone: Fax: zip: 83702 Email: dblodgett@rudeenarchitects.com Phone: Fax: Zip: 83702 Entail: dblodgett@rudeenarchitects.com 33 E Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208)884-5533 • Facsimile: (208) 888-6854 • Website: www.meridaincity.org 1 Project/ApplicationName: PrimaryHealth Primary Health Clinic, at 1900 W, Chinden Blvd, Meridian. The building, as proposed, is 6,310 s.f., and will contain twelve exam rooms, two procedure rooms, and an Description of Work: X-ray suite, as well as support spaces for the primary use areas. The site is 0.96 acres, and the improvements will include paving, concrete slabs and sidewalks, and 33 E Broadway Avenue, Suite. 102 • Meridian, Idaho 83642 Phone: (208)884-5533 • Facsimile: (208) 888-6854 • Website: www.meridaincity.org Application Information GENERAL DESCRIPTION Current Zoning District: Current Land Use: Total Acreage: Hours of Operation (Days and Hours): Types of Use. Proposed: Prior Approvals (File Numbers): PROJECT INFORMATION Site Plan Date: Landscape Plan Date: Elevations Date: Who will own and Maintain the Pressurized Irrigation System in this Development: Which Irrigation District does this Property lie Within: Primary Irrigation Source: Square Footage of Landscaped Areas to be Irrigated by City Water Connection: Number of Residential Units: Proposed Building Height: Percentage of Site or Project Devoted to Landscaping: Gross Floor Area Proposed: Existing Floor Area if Applicable: Total Number of Parking Spaces Provided: Number of Compact Spaces Provided: In Flood Zone: C -C Vacant 0.96 8 am- 8 pm, 7 days a week Medical Clinic PP -14-011, FP -14-041; DA #2014-088001 01/21/2015 12/10/2014 01/21/2015 owner SID Private /Prresssurized Irrigation r I' 0 25'-6" 37.2 6310 0 34 0 No 33 E Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208)884-5533 • Facsimile: (208) 888-6854 • Website: www.meridaincity.org 3 r.architects Boise +San Francisco January 25, 2015 City of Meridian Planning Department 33 East Broadway Ave, Suite 210 Meridian, Idaho 83642 Re: Design Review and Certificate of Zoning Compliance Applications for Primary Health at 1900 West Chinden Blvd., Meridian To Whom It May Concern: The attached Design Review and Certificate of Zoning Compliance documents are for the proposed Primary Health Clinic, at 1900 W. Chinden Blvd, Meridian. The building, as proposed, is 6,310 s.f, and will contain twelve exam rooms, two procedure rooms, and an X-ray suite, as well as support spaces for the primary use areas. The site. is 0.96 acres, and the improvements will include paving, concrete slabs and sidewalks, and landscaping. Site Access — The site is located in the Chinden and Linder Crossing. Subdivision, which is at the northwest comer of Chinden Blvd. and Linder Road. Vehicular ingress and egress of the site will be via a shared access drive, east of the building, which connects to W. Green Island Drive & Chinden Blvd. Pedestrian Walks- Sidewalks will exist along W. Green Island Drive and Chinden Blvd. right-of-ways: The main entrance of the facility will connect to the sidewalk at accessdrive, on the east side of the building. Building Orientation and Layout- The building as proposed, is positioned just outside the 35' landscape buffer along Chinden Blvd, and 38' from the centerline. of the access drive. This location positions the main build facade as close Chinden Blvd as possible, and provides additional screening of the parking area to the north from the main road. Parking- The lot has 34 parking spaces, which include two accessible spaces adjacent to the main entry. The lot is located at the north portion of the site and is screened from Chinden Blvd., by the building. Parking spaces are broken up with landscape planters and landscape buffers, including buffers along eastern access drive lane which connects W. Green Island Drive to Chinden Blvd.. A concrete masonry trash enclosure is located in the south west portion of the lot, and is integrated into the lot and the surrounding landscape area. Landscaping — The proposed site will have approximately 15,000 s./f. of landscaping. It will be a mix of lawn areas and planters, with trees throughout the landscape areas. Additional landscaping planters are proposed in the parking lot as well as along the building fagade. See attached Landscape Plan. Architectural Character — The building will be wood -frame constructed with stucco and stone veneer finishes. The overall design of the building features multiple architectural components rendered in a variety of textures and colors, which will provide visual interest and architectural character, while minimizing flat surfaces and large featureless masses. Copper finished metal roofing and awnings delineate the main entrance of the building and provide a premium accent 199 N. Capltol Blvd. Suite 602 Boise, In 83702. v. 208. 338.1413 f.208.336. 0371 material that will be visible from Chinden Blvd.. All mechanical units are screened by parapet walls. Facades- The south, west, and east facades, which are visible by the main roads, feature numerous windows, articulated masses.— which are supported by changing rooflines, and a large copper -clad, barrel-vaulted entrance element. The various building masses feature stone -veneer pilasters and complimentary stucco walls. All windows and doors are anodized aluminum frame storefront system. Primary Entrance- The primary public entrance is at the east elevation of the structure, and is visible from Chinden Blvd. The entrance is delineated by a large copper -clad barrel vault roof as well ascopper finished awnings above the front windows. Roof Lines- The building has a flat roof with parapet walls. The height of the parapet walls varies, as shown on elevations. Color & Texture Variations- See attached exterior building elevations and Color Board Mechanical Equipment- The project will have five roof top mechanical units. Each will be screened by 24" — 32" parapet walls around the perimeter of the. building. Mechanical units are placed close to the center of the roof, completely screened from view. Color and Materials- The structure is proposed to be a mix of colored stucco, stone veneer and copper accents. The structure will also have a barrel -vault standing seam roof element at the main entry. Signs and Lighting- The building as proposed will have one main sign above the covered entry, and two smaller signs at the front fa+rade. See attached elevation for locations and approximate sizes. The area adjacent to the building will be lit with wall mounted and recessed (at covered sidewalk area) exterior LED fixtures. The parking areas and vehicular entries will be lit with pole mounted light fixtures. See attached Site Photometric Plan for fixture types, location and site photometric readings. Please contact our office at 338-1413 if you have any questions or need further information, Thank you for your time regarding this matter. Thank {Y,o,,'u.,,,''�'� Ub V fV U David Blodgett, Architect Rudeen and Associates 199N. Capitol Blvd, Suite 602 eolse, ID 83702 v. 208.338.1413 f. 208. 336. 03 71 ADA COUNTY RECORDER Christopher D. Rich AMOUNT 19.00 4 BOISE IDAHO 03/03/2014 02:43 PM DEPUTY Victoria Bailey RECORDED-REQUEST ie Recording 1111 IN nECORDED-REQUEST OE TITLEONE BOISE 114015777 TitleOne .................. A tide & eaccow Co. Order Number: 13230336 S—T-/S 7 WARRANTY DEED For Value Received, Sea 2 Sea LLC, an Idaho limited liability company , the Grantor, does hereby grant, bargain sell and convey unto, FAE Holdings 450070R, LLC, an Idaho limited liability company, whose current address is 2700 Airport Way, Boise, ID 83705, the Grantee, the following described premises, In Ada County, Idaho, To Wit: Parcel S of Record of Survey No. 7511 recorded August 11, 2006 as Instrument No.106129474, records of Ada County, Idaho, being a parcel of land located in the South half of the Southeast quarter of Section 23, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being a portion of Lot 1 in Block 1 of Brandt Subdivision, according the official plat thereof, filed in Book 59 of Plats at Pages 5785 and 5786, and all that parcel of land, as shown on a Record of Survey, recorded as Instrument No. 94079392, records of Ada County, Idaho, described as follows: Commencing at a point, marking the corner common to Sections 23, 24, 25 and 26, Township 4 North, Range 1 West, Boise Meridian, from which the quarter comer common to said Sections 23 and 26 bears North 89038'47" West 2629.97 feet; thence along the centerline of N. Linder Road North 00047`29" East 40.OD feet to a point on the centerline of N. Linder Road; thence North 89°39'09" West 60.01 feet to a point on the Northerly right-of-way line of W. Chinden Boulevard, being the Point of Beginning; thence along said Northerly line the following courses: Northwesterly along said curve to the left having a radius of 34417.48 feet, an arc length of 21.21 feet, through a central angle of 0°02'07" and a chord bearing and distance of North 89°37'43" West 21.21 feet; thence on a line tangent from said curve North 89038'47" West 906.82 feet; thence leaving said Northerly line North 0002217" East 342.60 feet; thence South 8904125" East 50.71 feet; thence North 00°42'47" East 35.95 feet to the Southwesterly corner of Lot 6, Block 1 of said subdivision; thence along the Southerly line of said Lot 6 and the Southerly line of Lot 5, Block 1 of said subdivision South 88°50'33" East 441.26 feet to the Southeasterly comer of said Lot 5; thence along the Easterly line of said Lot 5 North 00047'29" East 196.40 feet to the Southwesterly comer of Lot 3, Block 1 of said subdivision; thence along the Southerly line of said Lot 3 and Lot 2, Block 1 of said subdivision South 89°12'31" East 465.61 feet to the Westerly right-of-way line of N. Linder Road; thence along said Westerly right-of-way line the following courses: South 00°4729" West 25.00 feet; thence South 8901231" East 33.00 feet to the centerline of N. Linder Road; thence along said centerline South 0094729" West 170.00 feet; thence North 8911231" West 33.00 feet; thence South 03008'42" West 170.46 feet; thence Waa tyDeed Page 1 of 4 Ti.tleOne a titles escrow co. Order Number:13230336 WARRANTY DEED For Value Received, ELECTRONICALLY RECORDED STAMPED FIRST PAGE NOW INCORPORATED AS PART OF THE ORIGINAL DOCUMENT. Sea 2 Sea LLC, an Idaho limited liability company, the Grantor, does hereby grant, bargain sell and convey unto, FAE Holdings 45007011, LLC, an Idaho limited liability company, whose current address is 2700 Airport Way, Boise, ID 83705, the Grantee, the following described premises, In Ada County, Idaho, To Wit: Parcel B of Record of Survey No. 7511 recorded August 11, 2006 as Instrument No. 106129474, records of Ada County, Idaho, being a parcel of land located In the South half of the Southeast quarter of Section 23, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being a portion of Lot 1 in Block 1 of Brandt Subdivision, according the official plat thereof, filed in Book 59 of Plats at Pages 5785 and 5786, and all that parcel of land, as shown on a Record of Survey, recorded as Instrument No, 94079392, records of Ada County, Idaho, described as follows: Commencing at a point, marking the corner common to Sections 23, 24, 25 and 26, Township 4 North, Range 1 West, Boise Meridian, from which the quarter corner common to said Sections 23 and 26 bears North 89138'47" West 2629.97 feet; thence along the centerllne of N. Linder Road North 00047'29" East 40.00 feet to a point on the centerline of N. Linder Road; thence North 89039'09" West 60.01 feet to a point on the Northerly right-of-way line of W. Chlnden Boulevard, being the Point of Beginning; thence along said Northerly line the following courses; Northwesterly along said curve to the left having a radius of 34417.48 feet, an are length of 21,21 feet, through a central angle of 0°02'07" and a chord bearing and distance of North 89°37'43" West 21.21 feet; thence on a line tangent from said curve North 89038'47" West 906.82 feet; thence leaving said Northerly line North 00022'17" East 342,60 feet; thence South 89041'25" East 50,71 feet; thence North 00042'47" East 35.95 feet to the Southwesterly corner of Lot 6, Block 1 of said subdivision; thence along the Southerly line of said Lot 6 and the Southerly line of Lot 5, Block 1 of said subdivision South 88°50'33" East 441.26 feet to the Southeasterly corner of said Lot 5; thence along the Easterly line of said Lot 5 North 0004729" East 196.40 feet to the Southwesterly corner of Lot 3, Block 1 of said subdivision; thence along the Southerly line of said Lot 3 and Lot 2, Block 1 of said subdivision South 89112'31" East 465,61 feet to the Westerly right-ofway line of N. Linder Road; thence along said Westerly right-of-way line the following courses: South 00147'29" West 25.00 feet; thence South 89012'31" East 33,00 feet to the centerline of N. Linder Road; thence along said centerline South 00°47'29" West 170.00 feet; thence North 89°12'31" West 33.00 feet; thence South 03008'42" West 170.46 feet; thence Warranty Deed Page 1 of 4 South 00047'29" West 179.99 feet; thence South 45°34'41" West 28.40 feet to the Point of Beginning. Excepting Therefrom: A tract of land conveyed to Ada County Highway District by Warranty Deed recorded May 4, 2011 as Instrument No. 111037171, records of Ada County, Idaho, being a part of Lot 1, Block 1, of Brandt Subdivision (a subdivision on file In Book 59 of Plats at Pages 5785 and 5786, records of Ada County, Idaho), situated In the Southeast quarter of the Southeast quarter of Section 23, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at an aluminum cap which monuments the Southeast corner of said Section 23, which bears South 0047'25" West a distance of 2647.04 feet from a brass cap which monuments the East quarter corner of said Section 23; thence following the Easterly line of said Southeast quarter of the Southeast quarter of Section 23 and the centerline of N. Linder Road North 0047'25" East a distance of 70.00 feet to a point; thence leaving said Easterly line and said centerline North 89038'43" West a distance of 40.00 feet to a point on the Westerly right-of-way line of N. Linder Road, and being the Point of Beginning; thence leaving said Westerly right-of-way line North 89038'43" West a distance of 56.00 feet to a point; thence North 48126'55" East a distance of 38.79 feet to a point; thence North 215616" East a distance of 149.50 feet to a point; thence North 6044'55" East a distance of 170.77 feet to a point; thence North 0°47'25" East a distance of 75.53 feet to a point; thence North 2045'14" East a distance of 114.90 feet to a point on the Northerly line of said Lot 1, Block 1, of Brandt Subdivision; thence following said Northerly line South 89012'35" East a distance of 7.06 feet to a point on the Westerly right-of-way line of N. Linder Road; thence leaving said Northerly line and following said Westerly right-of-way line South 0°47'25" West a distance of 25.00 feet to a point; thence leaving said Westerly right-of-way line South 89012'35" East a distance of 33.00 feet to a point on the said Easterly line of the said Southeast quarter of the Southeast quarter of Section 23 and the centerline of N. Linder Road; thence following said Easterly line and said centerline South 0047'25" West a distance of 170,00 feet to a point; thence leaving said easterly line and said centerline North 89012'35" West a distance of 33.00 feet to a point on the said Westerly right-of-way line of N. Linder Road; thence following said Westerly right-of-way line South 3008'36" West a distance of 170.46 feet to a point; thence following said Westerly right-of-way line South 0047'25" West a distance of 169.99 feet to the Point of Beginning. Further Excepting Therefrom: A tract of land conveyed to the State of Idaho, Idaho Transportation Department, by and through the Idaho Transportation Board by Warranty Deed recorded May 19, 2011 as Instrument No. 111041347, records of Ada County, Idaho, being a part of Lot 1, Block 1, of Brandt Subdivision (a subdivision on file In Book 59 of Plats at Pages 5785 and 5786, records of Ada county, Idaho), situated In the Southeast quarter of the Southeast quarter of Section 23, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at an aluminum cap which monuments the Southeast corner of said Section 23, which bears South 89038'43" East a distance of 2630.00 feet from an aluminum cap Which monuments the South quarter corner of said Section 23; thence following the Southerly line of said Southeast quarter of the Southeast quarter of Section 23 Warranty Deed Page 2 of4 North 89038'43" West a distance of 59,71 feet to a point; thence leaving said Southerly line North 0021'17" East a distance of 39.99 feet to a point on the Northerly right-of-way line of W. Chlnden Boulevard, and being the Point of Beginning; thence following said Northerly right-ofway line 21.21 feet along a circular curve to the right, said curve having a radius of 34417.48 feet, a central angle of 0°02'07", a chord bearing of North 89037'39" West and a chord distance of 21.21 feet to a point; thence following said Northerly right-of-way Ilne North 89038'43" West a distance of 906.82 feet to a point; thence leaving said Northerly right-of-way line North 0022'21" East a distance of 30.00 feet to a point; thence South 89038'43" East a distance of 948.26 feet to a point on the Westerly right-of-way line of N. Linder Road; thence following said Westerly right-of-way line South 0047'25" West a distance of 10.01 feet to a point; thence following said Westerly right-of-way line South 45035'52" West a distance of 28.40 feet to the Point of Beginning. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, Its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor Is the owner in fee simple of said premises; that they are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including Irrigation and utility assessments (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the context so requires, the singular number includes the plural. Dated; / I �1 � 911d Sea 2[Sea, Ll -q, an Idaho limited liability company By: rdothil! knlihts, L.L.C., an Idaho limited liability company, Its Managing Member Manager Warranty Deed Page 3 of 4 STATE OF Idaho ss. County of On this /;r qday of February, 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Creston Thornton, known or identified to me to be the Manager of Foothill Knights, L.L.C., said limited liability company known to me to be the Managing Member of Sea 2 Sea, LLC, the limited liability company that executed the instrument and acknowledged to me that he executed the same for and on behalf of said limited liability company and that said limited liability company executed on behalf of Sea 2 Sea, LL, and that said limited liability company executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. � N `1`ARY PUBLIC for Idaho My Commission Expires: 3 s o 'TAP?;,s Ci -c of Warranty Deed Page 4 of 4 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA (tame) (address) So,sE IDAHO (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: Z%AVin &1566E 7— , _/ 99 11,G4001Mk 8iv6, Sri d®21 Bo�sE / ®2 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this ✓l M day of.1�g4CIOAy , 20 !7 SUBSCRIBED AND SWORN to before me the year first (Notary Publi 'f r Idaho) Residing at:� My Commission Expires: /Mho 33 E Broadway Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Websitc: www.nieridiancity.org 254 Go AMENDMENT TO CERTIFICATE OFORGANIZATIO&F11�'fe ECTIV LIMITED LIABILITY COMPANY111 0C (Instructions on back of application) Urilia A�f[Nrr y r 1. The name of the limited liability company is: .iitt_ %1 43 0 FAE Holdings 450070R, LLC The name of the limited liability company is amended to read: Chinden & Linder Crossing, LLC The date the certificate of organization was originally filed February 21, 2014 The complete street and mailing addresses of the designated principal office is amendedto: 2700 West Airport Way, Boise, Idaho 83705 5. The mailing address forfuture correspondence (annual reports) is amended to: 2700 West Airport Way, Boise, Idaho 83705 6. The name and address of the managers/members shall be amended as follows Name Address Add Delete Other rntos� �m�i�� F Xc.4tvc�e CD"�� 560 South 300 East, SLC, LIT 84111 0 Member EP Crossings, LLC 2700 Airport Way, Boise, ID 83705 Q✓ E-1 Member Michael N. Fery 2700 Airport Way, Boise, ID 83705✓0 Manager 7. Signature of an authorized person. 1S' ature d Michael N. Fery Typed Name Signature Typed Name Secretary of State use only IDAHO SECRETARY OF STATE 08/27/2414 05:00 CK:94888 CT:75185 BH:1439039 10 30.00 = 30.00 ORGAN AMEN #2 ) //k 0�� 2 - \ �(k i Lo m (§ 0 § §»!\ 7\2 -/ (E \2[2 - .k') - .§ 00 .;�§ /I :nnC r) _ }/ \} m7\ g\ . . 0 } t \ Ada County Assessor This map lsausergenemleJ shgm .fi,om an Internet mapping elle and is for general reference only. Dad layers that appear on this map mayor may notbeamvrale, aurrenb rcolhervise reliable. THIS NAP IS NOT TO BE USED FOR NAVIGATION OR LEGAL PURPOSES. PRIMARY HEALTH -1900 W. CHINDEN BOULEVARD CRY OF MERIDIAN, ADA COUMYE IDAHO CIVIL SITE PLAN FOR CZC ,znda'2015 rnma�y H..nn cnmm,Aunwr cr o aing FINAL PLKF OF CIIINDEN & LINDER CROSSING i wu�oa ffa4xmNN¢r�6�1 Y� Lcua[oV xTMUEisw�FiS Yiff¢[v'�4aa. orcar�L1�ml LLlu now w.uummn I 4" .ti -_ � ea • � I i �I r mark • � -- 3p j BLOCK f {{{ v 9 q...® a gCi {igyd P E T� "9 li --- L W ------ BLOCK ] _ S AVx�rxu+.•ws }` ...�.u«.. nr` \ / e� n.n a fie a e rx NtYkRL11J! !�1 Ir r— �— e— `� umx.u..• ......i. �.i.....: �. n#n SUHV cwv\.a..� C, �E5 i`6�e•�3�3� z Y az' et.� 5'F�d9 z r m a€e��€g€gg czr z z p D $Sa a E �§.3?gry'RR � ppA�opFsife� AoA 9F 9 � � iEFS€AP6 ecAd.°Yi8 v"R'A 1c Aa P tl .'21 i e' -f 3 [c gip�e 4 �fae i, iE � _$_ %eE i3?cgg{I%j€;. g ide e:t e5 oe %e( H �e%'A£ f$d? 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COLOR = COPPER COTE METALAWNING-POWERCOAT COLOR = COPPER COTE ANODIZED BRONZE FRAMES and CLEAR INSULATED GALZING CZC / DR Submittal January 19, 2015 rudeenarchitects Gl Ntleengartryllecb PXmery Nealln cnma.aauaa.. crt„xa Al ,":."A"'pjp1 I A3.02 m oo<�a $ Al PrlmaryNea llF cnmea�a�ma.r cm ving A3.01 "'''' ACHD"" Gonvnv:��r��o ,y�ir� Date: February 20, 2015 To: Rocky Mountain Management, LLC Matt Witt 2700 Airport Way Boise, ID, 83715 Subject: MER15-00111 CZC-15-013 1900 W. Chinden Blvd, Meridian, ID Description Jim D. Hansen, President Sara M. Baker, Vice President Rebecca W. Arnold, Commissioner Kent Goldthorpe, Commissioner Paul Woods, Commissioner On July 8th 2014, the Ada County Highway District approved development application PP 14-011 for Chinden and Linder Crossing subdivision. The conditions and requirements also apply to CZC-15-013. The applicant may be required to update any existing non-compliant pedestrian improvements adjacent to the site to meet current ADA (Americans with Disabilities Act) requirements. The applicant shall be required to meet all of the ACHD Standard Conditions of Approval as well as all ACHD Policies and requirements that may apply as noted below. If you have any questions or concerns please feel free to contact this office at (208) 387-6218. Sincerely, w1v Dave Rader Planner I drader@achdidaho.org Development Services Ada County Highway District CC: Project File City of Meridian, FAE Holdings 450070R, LLC Rocky Mountain Management LLC, Rudeen Architects, Architects Ada County Highway District - 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us Standard Conditions of Approval 1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 2. In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 5. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 6. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 8. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 9. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 11. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Request for Appeal of Staff Decision Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the Development Services Manager when it is alleged that the Development Services Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The Development Services Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the Development Services Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the taw and evidence presented at the hearing. WON!its "" CHD Date: July 8, 2014 To: Laren Bailey (sent via email) 3023 E. Copper Point Dr. #201 Meridian, ID 83642 John S. Franden, President Mitchell A. Jaurena, Vice President Rebecca W. Arnold, Commissioner Sara M. Baker, Commissioner Jim D. Hansen, Commissioner Subject: Chinden & Linder Crossing / MPP14-0017 / MPP14-011 6555 N. Linder Road On July 8, 2014 the Ada County Highway District Staff acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at (208) 387-6218. Sincerely, Lauren Watsek Planner I Development Services Ada County Highway District CC: Project file City of Meridian (sent via email) Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org Development Services Department yfT\ S Go 7Xec1-o 5,wicc Project/File: Chinden & Linder Crossing / MPP14-0017 / MPP14-011 The applicant is requesting preliminary plat approval for a commercial subdivision consisting of 9 commercial lots and 2 common lots on approximately 9.34 acres. Lead Agency: City of Meridian Site address: 6555 Linder Road Staff Approval: July 8, 2014 Applicant: Laren Bailey C-N/C-G LEI Engineers Lazy P Subdivision 3023 E. Copper Point Dr. Ste. 201 West Meridian, ID 83642 Staff Contact: Lauren Watsek Phone: 387-6218 E-mail: Iwatsek�achd idaho.orgidaho.org A. Findings of Fact Description of Application: The applicant is requesting preliminary plat approval of Chinden & Linder Crossing, an 11 -lot commercial subdivision at the northwest corner of the intersection of Chinden Boulevard and Linder Road. The property is currently zoned C -C. The applicant's proposal is consistent with the comprehensive plan for the City of Meridian. 2. Description of Adjacent Surroundina Area: Direction Land Use Zoning North Brandt Subdivision RUT South Lochsa Falls Subdivision #12 / Kni hthill Center C-N/C-G East Lazy P Subdivision C -3 -DA West Spurwing Subdivision R-8 3. Site History: ACHD staff previously reviewed this site as MRZ-11-006 (B) on January 3, 2012. 4. Adjacent Development: The following developments are pending or underway in the vicinity of the site: Spurwing Subdivision, located directly west of the site, and Lazy P Subdivision, located east of the site, are in various stages of development. The development application for Knighthill Center, located on the southwest corner of the intersection of Chinden Boulevard and Linder Road, was approved and issued on December 13, 2013. 5. Transit: Transit services are not available to serve this site. 1 Chinden & Linder Crossing / MPP14-0017 / MPP14-011 6. New Center Lane Miles: 0.19 7. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 8. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP): • Linder Road is listed in the Capital Improvements Plan to be widened to 7 lanes from Chinden Boulevard (US Hwy 20/26) to State Street (State Hwy 44) between 2017 and 2021. • The intersection of Chinden Boulevard (US Hwy 20/26) and Linder Road is listed in the Capital Improvements Plan to be widened to 8 lanes on the north leg, 8 lanes on the south, 7 lanes east, and 7 lanes on the west leg, and signalized between 2017 and 2021. B. Traffic Findings for Consideration 1. Trip Generation: As the type of commercial development is undetermined at this time, listed below are the trip generations for common commercial uses, based on the Institute of Transportation Engineers Trip Generation Manual, 9t" edition. • Drive-in Bank per 1,000 square feet — 148.15 trips per day / 24.3 trips in the PM peak hour • Specialty Retail Center per 1,000 square feet — 44.32 trips per day / 2.71 trips in the PM peak hour • Quality Restaurant per 1,000 square feet — 89.95 trips per day / 7.49 trips in the PM peak hour • High -turnover Sit-down Restaurant per 1,000 square feet — 127.15 trips per day / 9.85 trips in the PM peak hour • Fast Food with drive-thru per 1,000 square feet -496.12 trips per day 132.65 trips in the PM peak hour 2. Condition of Area Roadways Traffic Count is based on Vehicles per hour (VPH) * Acceptable level of service for a five -lane principal arterial is "E" (1,770 VPH). ** ACHD does not set level of service thresholds for State Highways. 3. Average Daily Traffic Count (VDT) Average daily traffic counts are based on ACHD's most current traffic counts. • The average daily traffic count for Chinden Boulevard (US Hwy 20/26) west of Linder Road was 17,935 on March 26, 2014. • The average daily traffic count for Linder Road north of Chinden Boulevard (US Hwy 20/26) was 12,839 on October 17, 2012. 2 Chinden & Linder Crossing / MPP14-0017 / MPP14-011 Functional PM Peak PM Peak Existing Roadway Frontage Classification Hour Hour Level Plus Traffic Count of Service Project Chinden Boulevard/US 922 feet US Highway 982 N/A N/A Hwy 20/26 Linder Road 540 feet Principal 660 Better than N/A Arterial "E" * Acceptable level of service for a five -lane principal arterial is "E" (1,770 VPH). ** ACHD does not set level of service thresholds for State Highways. 3. Average Daily Traffic Count (VDT) Average daily traffic counts are based on ACHD's most current traffic counts. • The average daily traffic count for Chinden Boulevard (US Hwy 20/26) west of Linder Road was 17,935 on March 26, 2014. • The average daily traffic count for Linder Road north of Chinden Boulevard (US Hwy 20/26) was 12,839 on October 17, 2012. 2 Chinden & Linder Crossing / MPP14-0017 / MPP14-011 C. Findings for Consideration US Hwy 20/26 / Chinden Boulevard US Hwy 20/26 / Chinden Boulevard is under the jurisdiction of the Idaho Transportation Department (ITD). The applicant, the City of Meridian, and ITD should work together to determine if additional right-of-way or improvements are necessary on US Hwy 20/26 / Chinden Boulevard. 2. Linder Road a. Existing Conditions: Linder Road is improved with 5 travel lanes, vertical curb, gutter, and no sidewalk abutting the site. There is 88 - 114 feet of right-of-way for Linder Road. There are two driveways on Linder Road, abutting the site. They are located as follows: • 24 -foot wide driveway located approximately 590 -feet north of the intersection of Linder Road and Chinden Boulevard. • 20 -foot wide driveway located approximately 450 -feet north of the intersection of Linder Road and Chinden Boulevard. b. Policy: Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for improving all street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Street Section and Right -of -Way Width Policy: District Policies 7205.2.1 & 7205.5.2 state that the standard 7 -lane street section shall be 96 -feet (back -of -curb to back -of -curb) within 120 -feet of right-of-way. This width typically accommodates three travel lanes in each direction, a continuous raised or landscaped median with intermittent turn lanes, and safety shoulders. Right -of -Way Dedication: District Policy 7205.2 states that The District will provide compensation for additional right-of-way dedicated beyond the existing right-of-way along arterials listed as impact fee eligible in the adopted Capital Improvements Plan using available impact fee revenue in the Impact Fee Service Area. No compensation will be provided for right-of-way on an arterial that is not listed as impact fee eligible in the Capital Improvements Plan. The District may acquire additional right-of-way beyond the site -related needs to preserve a corridor for future capacity improvements, as provided in Section 7300. Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalks at least 5 -feet wide to be constructed on both sides of all arterial streets. A parkway strip at least 6 -feet wide between the back -of -curb and street edge of the sidewalk is required to provide increased safety and protection of pedestrians. Consult the District's planter width policy if trees are to be placed within the parkway strip. Sidewalks constructed next to the back -of -curb shall be a minimum of 7 -feet wide. Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged. A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right- of-way line and 2 -feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. Frontage Improvements Policy: District Policy 7205.2.1 states that the developer shall widen the pavement to a minimum of 17 -feet from centerline plus a 3 -foot wide gravel shoulder adjacent to the entire site. Curb, gutter and additional pavement widening may be required (See Section 7205.5.5). 3 Chinden & Linder Crossing / MPP14-0017 / MPP14-011 ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway features required through development. This segment of Linder Road is designated in the MSM as a Residential Mobility Arterial with 7 lanes and on -street bike lanes, a 96 foot street section within 124 feet of right-of-way. c. Applicant Proposal: The applicant is proposing to construct 5 foot wide detached concrete sidewalk along Linder Road abutting the site, and close both existing driveways with vertical curb, gutter and sidewalk. d. Staff Comments/Recommendations: The applicant's proposal to construct 5 foot wide detached concrete sidewalk along Linder Road abutting the site meets District Policy and should be approved as proposed. The applicant should be required to provide a permanent right-of-way easement for sidewalk placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right-of-way line and 2 feet behind the back edge of the sidewalk. The applicant's proposal to close the existing driveways meets District Policy and should be approved as proposed. The applicant should be required to replace the existing driveways with vertical curb, gutter and 5 foot wide detached concrete sidewalk. The applicant should be required to dedicate additional right-of-way needed for the widening of Linder Road abutting the site in the future. This roadway is listed in the Capital Improvements Plan, the District will provide compensation for right-of-way dedicated beyond the existing right-of-way. Linder road is planned to be widened to 7 lanes in the future within 124 feet of right-of-way, 62 feet from center. The intersection of Linder and Chinden (US20- 26) is built to the ultimate configuration in the CIP abutting the site. Transition the right-of-way from the existing 8 lane segment at the intersection to the future 7 lane road segment north of the intersection with a 50:1 taper. 3. Island Green Drive a. Existing Conditions: There are no roads constructed internal to the site. b. Policy: Commercial Roadway Policy: District Policy 7208.2.1 states that the developer is responsible for improving all commercial street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Street Section and Right -of -Way Policy: District Policy 7208.5 states that right-of-way widths for new commercial streets shall typically be 50 and 70 -feet wide and that the standard street section will vary depending on the need for a center turn lane, bike lanes, volumes, percentage of truck traffic, and/or on -street parking. • A 36 -foot street section (back -of -curb to back -of -curb) will typically accommodate two travel lanes and on -street parking. • A 40 -foot street section (back -of -curb to back -of -curb) will typically accommodate two travel lanes and a center turn lane. • A 46 -foot street section (back -of -curb to back -of -curb) will typically accommodate two travel lanes and a center turn lane and bike lanes. Continuation of Streets Policy: District Policy 7208.2.4 states that an existing street, or a street in an approved preliminary plat, which ends at a boundary of a proposed development shall be extended in that development. The extension shall include provisions for continuation of storm drainage facilities. Benefits of connectivity include but are not limited to the following: • Reduces vehicle miles traveled. 4 Chinden & Linder Crossing / MPP14-0017 / MPP14-011 • Increases access for emergency services. • Reduces need for additional access points to the arterial street system. • Promotes the efficient delivery of services including trash, mail and deliveries, water and sewer. • Promotes orderly development. Sidewalk Policy: District Policy 7208.5.6 requires a concrete sidewalks at least 5 -feet wide to be constructed on both sides of all commercial streets. A parkway strip at least 6 -feet wide between the back -of -curb and street edge of the sidewalk is required to provide increased safety and protection of pedestrians. Consult the District's planter width policy if trees are to be placed within the parkway strip. A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right- of-way line and 2 -feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement.). c. Applicant's Proposal: The applicant is proposing to continue Island Green Drive from the west into the site as a 36 foot commercial street section with vertical curb, gutter and 5 foot wide attached concrete sidewalk within 50 feet of right-of-way. d. Staff Comments/Recommendations: ACHD required Island Green Drive to stub to the west property line of this site as a condition of Spurwing Challenge Subdivision. That plat was approved on January 3, 2012. The applicant's proposal to construct Island Green Drive as a 36 -foot commercial street section with vertical curb, gutter, and 5 foot wide attached sidewalk within 50 feet of right-of-way meets District Policy and should be approved as proposed. 4. Traffic Calming Speed Control and Traffic Calming Policy: District policy 7208.3.7 states that the design of commercial street systems should discourage excessive speeds by using passive design elements. If the design or layout of a development is anticipated to necessitate future traffic calming implementation by the District, then the District will require changes to the layout and/or the addition of passive design elements such as horizontal curves, bulb -outs, chokers, etc. The District will also consider texture changes to the roadway surface (i.e. stamped concrete) as a passive design element. These alternative methods may require a maintenance and/or license agreement. a. Applicant's Proposal: The applicant is not proposing to construct any traffic calming elements on the site. b. Staff Comments/Recommendations: The applicant should be required to incorporate a passive design element on Island Green Drive west of the proposed Private Drive in order to reduce speeding vehicles traveling through Spurwing Subdivision. Passive design elements considered by ACHD include bulb -outs, chokers, etc. Coordinate with Development Services for an acceptable design. 5. Roadway Offsets a. Existing Conditions: There are no roads constructed internal to the site. b. Policy: Local Street Intersection Spacing on Principal Arterials: District policy 7205.4.3 states that new local streets should not typically intersect arterials. Local streets should typically intersect collectors. If it is necessary, as determined by ACHD, for a local street to intersect an arterial, the minimum allowable offset shall be 1,320 -feet as measured from all other existing roadways as identified in Table lb (7205.4.7). 6 Chinden & Linder Crossing / MPP14-0017 / MPP14-011 c. Applicant's Proposal: The applicant is proposing to extend Island Green Drive through the development to connect with Linder Road approximately 620 feet north of the intersection of Chinden Boulevard and Linder Road. The applicant is proposing a right-in/right-out/left-in access with a modification to the existing median in order to allow the left -in movement. d. Staff Comments/Recommendations: The applicant's proposal does not meet District Roadway Offset Policy; however, staff is recommending a modification of policy to allow the offset, as proposed. This staff level modification is granted at the Deputy Director level and is approved because the site has limited frontage and the access shall be restricted to right- in/right-out/left-in only; andthe applicant is closing the two existing driveways on Linder Road. It should be noted that as traffic in the area increases and/or if vehicular conflicts/accidents increase at this intersection ACHD may at any time further restrict the proposed public street. The applicant should extend the existing median in Linder Road and modify as necessary to restrict the public street to right-in/right-out/left-in. 6. Private Roads a. Private Road Policy: District policy 7212.1 states that the lead land use agencies in Ada County establish the requirements for private streets. The District retains authority and will review the proposed intersection of a private and public street for compliance with District intersection policies and standards. The private road should have the following requirements: • Designed to discourage through traffic between two public streets, • Graded to drain away from the public street intersection, and • If a private road is gated, the gate or keypad (if applicable) shall be located a minimum of 50 -feet from the near edge of the intersection and a turnaround shall be provided. b. Applicant Proposal: The applicant is proposing to construct one 24 foot wide private road from the site onto Chinden Boulevard (US Hwy 20/26) located approximately 132 feet east of the west property line of the site. c. Staff Comments/Recommendations: If the City of Meridian approves the private road, the applicant shall be required to pave the private roadway a minimum of 20 to 24 -feet wide and at least 30 -feet into the site beyond the edge of pavement of all public streets and install pavement tapers with 15 -foot curb radii abutting the existing roadway edge. If private roads are not approved by the City of Meridian, the applicant will be required to revise and resubmit the preliminary plat to provide public standard local streets in these locations. Street name and stop signs are required for the private road. The signs may be ordered through the District. Verification of the correct, approved name of the road is required. ACHD does not make any assurances that the private road, which is a part of this application, will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadway to ACRD: • Dedicate a minimum of 50 -feet of right-of-way for the road. • Construct the roadway to the minimum ACHD requirements. • Construct a stub street to the surrounding parcels. 7. Tree Planters Tree Planter Policy: Tree Planter Policy: The District's Tree Planter Policy prohibits all trees in planters less than 8 -feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8 -feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10 -feet. 6 Chinden & Linder Crossing / MPP14-0017 / MPP14-011 8. Landscaping Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD right-of-way or easement areas. Trees shall be located no closer than 10 -feet from all public storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40 -foot vision triangle and a 3 -foot height restriction on all landscaping located at an uncontrolled intersection and a 50 -foot offset from stop signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. 9. Other Access Linder Road is classified as a principal arterial roadway. Direct lot access is prohibited to this roadway and should be noted on the final plat. D. Special Recommendation to the City of Meridian The applicant is proposing to construct an east -west public street approximately 25 -feet south of the north property line, intersecting Linder Road. Linder Road is a principal arterial planned for 7 - lanes in the future. Access management and cross access opportunities will be important to provide circulation and access to re -developing parcels in the area. There are 4 residential parcels that abut the north property line that could benefit from cross access in the future if they re -develop. The applicant should work with the City of Meridian to determine opportunities for future access to the proposed public street. E. Site Specific Conditions of Approval Comply with the requirements of ITD and the city of Meridian regarding the Chinden Boulevard frontage. Submit to the District a letter from ITD regarding said requirements prior to signature on the final plat. 2. Construct 5 foot wide detached concrete sidewalk on Linder Road abutting the site as proposed. Provide a permanent right-of-way easement for sidewalk placed outside of the dedicated right-of- way. 3. Close and replace the existing driveways from the site onto Linder Road with vertical curb, gutter, and 5 foot wide detached concrete sidewalk, consistent with adjacent sidewalk on Linder Road. 4. Dedicate additional right-of-way needed for the widening of the Linder Road. ACHD will provide compensation for right-of-way dedicated beyond the existing right-of-way. (See Findings for Consideration No. 2.) 5. Construct Island Green Drive as a 36 -foot commercial street section with vertical curb, gutter, and 5 foot wide attached concrete sidewalk within 50 feet of right-of-way as proposed. 6. Construct Island Drive to connect with Linder Road approximately 620 feet north of Chinden Boulevard as proposed. Extend the existing median in Linder Road and modify as necessary to restrict the public street to right-in/right-out/left-in. This access may be restricted in the future at the discretion of ACHD. 7. Comply with the requirements of the City of Meridian regarding the proposed private road onto Chinden Boulevard. The private road must be paved its entire width and at least 30 feet into the site beyond the edge of pavement. Street name and stop signs are required and may be ordered through the District. 7 Chinden & Linder Crossing / MPP14-0017 / MPP14-011 8. Construct Island Green Drive to have a passive traffic calming design element (such as bulb -outs or chokers) west of the proposed Private Drive. 9. Direct lot access to Linder Road is prohibited and shall be noted on the final plat. 10. Payment of impacts fees are due prior to issuance of a building permit. 11. Comply with all Standard Conditions of Approval. F. Standard Conditions of Approval 1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right- of-way (including all easements). 2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 3. In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in Chinden & Linder Crossing / MPP14-0017 / MPP14-011 place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. G. Conclusions of Law The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. H. Attachments 1. Vicinity Map 2. Site Plan 3. Utility Coordinating Council 4. Development Process Checklist 5. Request for Reconsideration Guidelines 9 Chinden & Linder Crossing / MPP14-0017 / MPP14-011 NAI WadeffiDr:- p I; ow as '�; �► �t�. �" - + . mom- SITE PLAN -pIii,01IIIiI CNINDSN A LINDER CROSSII SUBDIVISION FMIMINARY KAY 11 Chinden & Linder Crossing / MPP14-0017 / MPP14-011 Ada County Utility Coordinating Council Developer/Local Improvement District Right of Way Improvements Guideline Request Purpose: To develop the necessary avenue for proper notification to utilities of local highway and road improvements, to help the utilities in budgeting and to clarify the already existing process. 1) Notification: Within five (5) working days upon notification of required right of way improvements by Highway entities, developers shall provide written notification to the affected utility owners and the Ada County Utility Coordinating Council (UCC). Notification shall include but not be limited to, project limits, scope of roadway improvements/project, anticipated construction dates, and any portions critical to the right of way improvements and coordination of utilities. 2) Plan Review: The developer shall provide the highway entities and all utility owners with preliminary project plans and schedule a plan review conference. Depending on the scale of utility improvements, a plan review conference may not be necessary, as determined by the utility owners. Conference notification shall also be sent to the UCC. During the review meeting the developer shall notify utilities of the status of right of way/easement acquisition necessary for their project. At the plan review conference each company shall have the right to appeal, adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the developer with a letter of review indicating the costs and time required for relocation of its facilities. Said letter of review is to be provided within thirty calendar days after the date of the plan review conference. 3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary plans. Utilities may request an updated plan review meeting if revisions are made in the preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days after receiving the revisions to review and comment thereon. 4) Final Notification: The developer will provide highway entities, utility owners and the UCC with final notification of its intent to proceed with right of way improvements and include the anticipated date work will commence. This notification shall indicate that the work to be performed shall be pursuant to final approved plans by the highway entity. The developer shall schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity shall be completed within the times established during the preconstruction meeting, unless otherwise agreed upon. Notification to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit iducc.com for e-mail notification information. 12 Chinden & Linder Crossing / MPP14-0017 / MPP14-011 11 Development Process Checklist Items Completed to Date: ®Submit a development application to a City or to Ada County ®The City or the County will transmit the development application to ACHD ®The ACHD Planning Review Section will receive the development application to review ®The Planning Review Section will do one of the following: ❑Send a "No Review" letter to the applicant stating that there are no site specific conditions of approval at this time. ®Write a Staff Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ❑Write a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. Items to be completed by Applicant: ❑For ALL development applications, including those receiving a "No Review" letter: • The applicant should submit one set of engineered plans directly to ACHD for review by the Development Review Section for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD, then architectural plans may be submitted for purposes of impact fee assessment.) • The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of- way, including, but not limited to, driveway approaches, street improvements and utility cuts. ❑Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construction (Non -Subdivisions) ❑ Driveway or Property Approach(s) • Submit a "Driveway Approach Request" form to ACHD Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. ❑ Working in the ACHD Right -of -Way • Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application" to ACHD Construction — Permits along with: a) Traffic Control Plan b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are placing >600 sf of concrete or asphalt. Construction (Subdivisions) ❑ Sediment & Erosion Submittal At least one week prior to setting up a Pre -Construction Meeting an Erosion & Sediment Control Narrative & Plan, done by a Certified Plan Designer, must be turned into ACHD Construction to be reviewed and approved by the ACHD Stormwater Section. ❑ Idaho Power Company • Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre -Con being scheduled. ❑ Final Approval from Development Services is required prior to scheduling a Pre -Con. 13 Chinden & Linder Crossing / MPP14-0017 / MPP14-011 Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the Development Services Manager when it is alleged that the Development Services Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The Development Services Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the Development Services Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. 14 Chinden & Linder Crossing / MPP14-0017 / MPP14-011 Request for Reconsideration of Commission Action Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 15 Chinden & Linder Crossing / MPP14-0017 / MPP14-011