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Scott's Lawn ServiceCERTIFICATE OF ZONING COMPLIANCE REPORT (LiVl E IDIAN DATE: June 15, 2015 TO: Steve Fisher, Blackfish Llc FROM: C.Jay Coles, Assistant City Planner SUBJECT: Scotts Lawn Service - CZC-15-060 and DES -15-056 OWNER: HOWELL MURDOCH DEVELOPMENT CORPORATION DESCRIPTION OF APPLICANT'S REQUEST The applicant, Steve Fisher, requests Certificate of Zoning Compliance (CZC) and Design Review (DES) approval to construct new office/shop (flex space) for Scott's Lawn Care with associated site work on 0.759 acres of land in the C -G zoning district. The site is located at 573 S. Locust Grove 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. Please contact Building Services at (208) 887-2211 to verify if you need a building permit and/or inspection. If you do need a building permit, you must complete that process before you commence the use or construction. Please contact Building Services far additional details about building permits and inspections. General Conditions of Approval 1. 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. 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. 2. Business hours of operation within the C -C and C -G districts shall be limited from 6 am to 11 pm when the property abuts a residential use or district as set forth in UDC 11-213- 3A4. 3. A photometric test report is required for all light fixtures per UDC 11-3A-11. Please submit photometric test report to verify maximum lumens is 1,800. Conditions Document I Scotts Lawn Service - CZC-15-060 and DES -15-056 4. The landscaped area to the west of the parking area requires one tree per thirty five (35) linear feet per UDC 11-313-8CL. Three trees are required in the west landscaped area. 5. Materials used, including those for the overhead doors, must not redirect light towards roadways or adjacent uses in a way which constitutes a public nuisance or safety hazard. 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. 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- 313-14A. 4. The site plan prepared by Steele Architecture on May 28, 2015, labeled Al, is approved as shown in Exhibit B. 5. The landscape plan prepared by Steele Architecture on May 28, 2015, labeled Ll, is approved, except for the requested changes, as shown in Exhibit C. 6. The approved site plan, landscape plan and/or elevations may not be altered, except for requested changes, without prior written approval of the City of Meridian Planning Division. Requested changes shall be submitted with Building Division submittal. 7. The elevations prepared by Steele Architecture on May 28, 2015, labeled A4, are approved as shown in Exhibit D. 8. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 9. 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. 10. 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. 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 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-31344. 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 (AZ -00-005; RZ-02-004). 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. Conditions Document 2 Scotts Lawn Service - CZC-15-060 and DES -15-056 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. 9. The applicant and/or assigns shall have the continuing obligation to meet the specific use standards for flex space as set forth in UDC 11-4-3-18. 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 June 30, 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 June 15, 2016. EXHIBITS A. Vicinity Map B. Site Plan (dated: May 28, 2015) C. Landscape Plan (dated: May 28, 2015) D. Elevations (dated: May 28, 2015) Conditions Document 3 Scotts Lawn Service - CZC-15-060 and DES -15-056 A Vir•.in ilv Man Vicinity Map Legend s10 N50 .lvea oflmped --jParc.l.- Meridlan CG 0 0.035 0.07 Miles "1411 m91 Print Det.: 6/108015 493 492 I 491 51) E BolMan St it \ 529 _ \ — 1637 1655 16731 'y 41 Q- �mridge 0r E I 16i6 1664 1680 � �1 - � - fa24 EPratt St (VE IDIZ IAN,— Conditions Document 4 Scotts Lawn Service - CZC-15-060 and DES -15-056 B. Site Plan (dated: May 29, 2015) Conditions Document 5 Scoffs lawn Service - CZC- 15-060 and DES -15-056 0 �Itvmwlo�F2 0101 �PARWAQ $194 IT I ttt MNDAW l� ill -7� ARCHHEVU UTEP 2�Va Va Lawn slMcanNlttlYm seri o, —• ASIA Lawn Service Al 11 Conditions Document 5 Scoffs lawn Service - CZC- 15-060 and DES -15-056 �Itvmwlo�F2 0101 �PARWAQ $194 Va Lawn slMcanNlttlYm seri o, —• ASIA Conditions Document 5 Scoffs lawn Service - CZC- 15-060 and DES -15-056 C. Landscape Plan (dated: May 28, 2015) Conditions Document 6 Scotts Lawn Service - CZC-15-060 and DES -15-056 D. Elevations (dated: May 28, 2015) 'TL j MOIIIX II[YAIIYM Y 8 YBRIlYAlI4Y �Ui1FLLYAlIOtl — _ _ , M ..�a d ` r;w v I I ^ts 4 WUlX nEYAl10tl - -- Lawn Ea aeele arzn' Service _ Conditions Document 7 Scotts Lawn Service - CZC-15-060 and DES -15-056 ECEIVE MAY 2 9 2015 WE IDIAN Planning Division BY: DRVEL9P :LENT REVIEW APPLICATION STAFF USE ON Y: Project name:�> (.- Ayi A) s F-;P-Q=c E Filenumber(s): 6 Assigned Planner: C-I-Vhcole5 Related files: Z - 0o - 00 all that O Administrative Design Review ❑ Alternative Compliance ❑ Annexation and Zoning El Certificate of Zoning Compliance ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ❑ Conditional Use Permit ❑ Conditional Use Modification Director/Commission (circle one) ❑ Development Agreement Modification ❑ Final Plat ❑ Final Plat Modification LJ Planned Unit Development ❑ Preliminary Plat ❑ Private Street ❑ Property Boundary Adjustment ❑ Rezone ❑ Short Plat ❑ Time Extension: Director/ Commission/Council (circle one) ❑ UDC Text Amendment ❑ Vacation: Director/ Council (circle one) ❑ Variance ❑ Other Applicant Information Applicant name:'i.K1✓ lS�i 1.1 C. PP.hone: FaD�.5I0. Zq�lO Applicant address: 4(v4i FErI'to4 5'I' Email:7"ftt�e'115�tBrl�iQ/io7.t4At(,.Gd� City: �,aae,-e State: 10 Zip: &$-I I + Applicant's interest in property: ❑ Own ❑ Rent Xl Optioned ❑ Other Ownername: Lt. t4 LDaG T32%J COW Owner address: 4-Qj2Z 1i• To2fipotwt wAl kL Email: City: ?,2 te�- state:kl) CIZip: _ �15 Agent/Contact name (e.g., architect, engineer, developer, representative): Wib Jtt?fr Firmname: 15rryfk-Lfe A¢cliiTeLguye Phone: 1-111 Owner address: 7PO Jr% '24h Email: %X'6 @-- ShSL$-ARC41 Pito City: SA," 1✓ State: (n Zip: SW (o Primary contact is: ❑ Applicant ❑ Owner I Agent/Contact Phone: Subject Property Information Location/street address: L COePT bftft Township, range, section: l e 1?2 Assessor's parcel number(s):CIO 11�00�0I 00-100 Total acreage: 0.15 Zoning district: Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www. nei idi;tic iIy.u1 nnine, I- (Rev. 06/1212014) Project/subdivision name: General description of proposed project/request: uNaw1WGT Nfa'i aYwt c.ir, ( :nv r UtZ. Sccrrts (.auai CAr(Lt u3%-fa4 AiSF�o[� SI't th7O�.Y Proposed zoning district(s): C-6— *t)L/ST1^( (, �t— Acres of each zone proposed: Type of use proposed (check all that apply): ❑ Residential ❑ Officeycommercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? W Which irrigation district does this property lie within? A144M LM A41WA S IT-YA K10b► Primary irrigation source: F1fitMJ1 t7!15 Secondary: C 11Y 641w� Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Mob fly units: Number of common Proposed number of 1 bedroom: Number of building lots: Number of other lots: (for multi -family developments only): Minimum square footage of structure (excl. Minimum property size (s.f): Gross density (Per UDC 11 -IA -1): Acreage of qualified open space: bedrooms: 4 or more bedrooms: Maximum building height: - Average property size (s.f ): (Per UDC 11 -IA -1): Percentage of qu ' red open space: Type and calculations of qualified open space provided in acres (Per UDC I Amenities provided with this development (if applicable): _ Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ ❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other Non-residential Pro Number of building lots: Common lots: A)Alr' Other lots:$ Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): k0A1- 5M, ga 5� Building height: 2I t' 22 Total number of narking spaces provided: I -A' Number of compact spaces provided: _49 -- Authorization Print applicant name: %VL' YlS�HrGA� f//!/ wG7 �J Lam- _ Applicant signature: 4b A4 Q�—� Date:9TH �i�1 J Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www meridiancityor-/plannine -2- (Rev. 0611212014) MAY 2 9 2015 BY. AN:- Planning Division DESIGN REVIEW ■ Application Checklist All applications are required to contain one copy of the following: staff Applicant Description / Completed and signed Development Review Applicanon (If also submitting a concurrent application for Certificate of Zoning Compliance, design Review ✓review will be processed along with that application. Therefore, a Development the Design Review box on the Application is not necessary in this case; just check Develo ment Review A lication and submit the in ormation below Completed Design Manual Compliance Checklists (B. Urban Design Guidelines; Guidelines; E. Residential C. Urban/Suburban Design Guidelines; D. Suburban Design Desi Guidelines as a licable Provide in a narrative letter, how the proposal addresses guidelines contained in the Meridian Design Manual and UDC 11-3A-19: L Architectural Character: a. Facades / ✓ b. Primary entrance(s) c. Roof lines d. Pattern variations f. Mechanical equipment 2. Materials 3. Parking Lots 4. Pedestrian walkwa sand facilities of scaled plans including building elevations, with building materials, colors r / A complete set and textures specified and site plans. V All requests for design review approval must meet the procedures set forth in UDC ]]-Sand the criteria set forth in the. ,,Meridian Design Manual", as applicable. ALL ITEMS ON THE CHECKLIST ARE SUBMITTED. APPLICATIONS WILL NOT BE ACCEPTED UNLESS Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-88&6854 www mcridiancityore (Rev. 02108/2013) ECEIVE MAY 2 9 2015 (✓E IDIAN a�:U Planning Division �:-- CERTIFICATE OF ZONING COMPLIANCE Application Checklist All applications are required to contain one copy of the following unless otherwise notea: Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www meridiancityorWplanning (0512112014) Staff Applltcam Description N Completed and si ed Develo ment Q Narrative fully describing the proposed use of the property, including Inc following: / ➢ Information on any previous approvals or requirements for the requested use (i.e., V applicable conditions of approval or Development Agreemeng l./ Recorded warrantydeed for the subject pr erty Affidavit of Legal Interest sighed and notarized by the property owner (lf owner is a co oration, submit a co of the Articles. of lnco omtion or other evidence to show that the arson si in is an authorized a etd Scaled vicinity map showing the location of the subject property Civil Site/Dimension Plan— I full size co folded to 8 '/i' x 11" size A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens or more see UDC 11-3A-11 Copy of the recorded plat the property lieswithin 8 %_" x 11" Copy of address verification letter from Development Services. See attached request form Site Plan—* 1 copy (folded to 8 %x" x 11" size) Plan must have a scale no smaller than I "= 50' (1 "= 20' is preferred) and be on a standard 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 site plan- e Date scale, dimensions north arrow, and proiect name scale not less than 11'=50') • Names, addresses, and telephone numbers of the developer and the person andlor ✓ firm preparing the plan • Parking stalls and drive aisles V, • Location and detail of bicycle parking facilities ✓ • Trash and/or TCOYcling enclosures location • Detail of trash and/or recycling enclosure (must be screened on 3 sides) ✓ • Location and specifications for underground irrigation (Pressurized irrigation can only be waived if you prove no water rights exist to subject property) • Sidewalks or pathways (proposed and existing) • Location of proposed building on lot (include dimensions to property lines) • Fencinropaoed and existing) • Calculations table including the following: ➢ Number of parking stalls required and provided (specify handicap and compact stalls) ➢ Number of bicycle stalls required and provided y Building size (sq. it.) ➢ Lot size (sq. ff.) ➢ Setbacks ➢ Easement locations Reduction of the site plan 8 %z" x 11" Landscape Plan — * 1 copy (folded to 8 %" x 11" size) Plan must have a scale no smaller than I "= 50' (1 "= 20' is preferred) and be on a standard 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 included on the landscape Ian: Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www meridiancityorWplanning (0512112014) Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888.6854 www.iiieridiaticity.org/l?lantiiiip • Date, scale dimensions, north arrow, and pr2ject 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, flood Tains, 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 rotected 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 I /� • Existing and proposed contours for all areas steeper than 20% slope. Berms shall be shown with one-foot contours • Sight Triangles as defined in 11-3A-5 of this ordinance / • Location and labels for all proposed plants, including trees, shrubs, and ✓ groundcovers (trees must not be planted in City water or sewer easements or within five feet of fire hydrants). Scale shown for plant materials shall reflect approximate mature size / A plant list that shows the plant symbol, quantity, botanical name, common name, V/ minimum planting size and container, tree class (1, II, or I'1), and comments (for spacing, stakin , and installation as appropriate) • Calculations of project components to demonstrate compliance with the requirements of this ordinance, including: ➢ Width of sheet 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 ➢ Number of trees provided on common lot(s) ➢ Mitigation for removal 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 Reduction of the landscape lan8 %z" x 11" Building elevations showing construction materials — *1 co folded to 8 %z" x i l" size Reduction of the elevations 8 'h" 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 tJ % If applying for approval of a public school, provide additional information as required by q P 1 i the Public School Facility supplemental checklist per 67-6519 Fee f 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 re uirements (/ For new ublic utility 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.meridiancitv.oriz/nublic works/autocad standards/index.as (1) Disk with electronic version of the conceptual engineering plans in the format specified N� above. Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888.6854 www.iiieridiaticity.org/l?lantiiiip Csf1 steele architecture a V���Icssionei IimiloA Ila6ilily um.µ m' City of Meridian Planning & Zoning 33 E Broadway Avenue Ste 102 Meridian, ID 83642 RE: SCOTTS LAWN SERVICE (Blacklish LLC) 573 S Locust Grove Road — Lot 11, Block 2, Murdoch Sub No 2 Design Review Approval — URBAN/SURBURBAN DEVELOPMENT Please find enclosed our applications for Design Review for one new 10,945 sq. ft. office & shop building on 0.79 acre, site with associate site improvements on the property listed above. This project for Scotts Lawn Care will be their new office location as well as shop for their company fleet. Scotts provides liquid lawn fertilization products to residences and businesses throughout the Treasure Valley. It is anticipated that all storage of fertilizer products will be inside of the building with the tanks being placed over a secondary containment pit. The company fleet of vehicles will be stored inside of the building at night, ready for departure each morning. The office component is a two story structure that provides the majority of the vertical and horizontal relief of the design. It is Intended at the moment that the entire office function will be housed on the ground floor with the small upstairs portion being available for growth of the company. Section 1.0 Site Character: • This is a single building on a single lot application, and the site is in an established subdivision that already has the required street improvements in place, therefore many of the responses are existing, achieved or N/A. Site and building layout is consistent with the requirements of the Design Manual utilizing the existing shared access drive from Locust Grove creating an attractive entrance to the facility with the required sidewalk extensions from the public way to the main entrance. • Parking is provided on the south and west sides of the building (side and rear of property) with the required accessible stall joining the sidewalk extension. Building has been located as far forward as possible on the site with the main feature being the entry to the offices. po box 245 1 eagle, ld 83616 1 208 871.7176 1 wes@steelearch.pro Section 2.0 Architectural Character: • This building is consistent with many of the structures in the subdivision utilizing a mix of materials and a height of a tall single story and a two story building. • The office portion of the building is wood frame with the primary exterior material being a tan stucco. Cultured ledgestone veneer is being used as a wainscot to anchor the building to the site and provide a dramatic accent to the main entrance. The shop portion of the building is a mix of darker tan split -face block fields with light off white smooth accent bands mixed in running horizontally around the building. The ledgestone veneer has been included as a taller accent wainscot across the front elevation and extending around the north side to a distance that will be visually cut off by the adjacent dance building. • Windows are expected to be a white aluminum (or vinyl frame) with dark bronze glazing. The entrance element will be aluminum storefront in a white color. • The entire roof structure will be wood trusses with a high definition laminated asphalt architectural shingle in a mid to dark brown tone. The fascia and soffit will be white metal to tie in with the windows and overhead doors. Roof slopes are a 4/12 hip, and provided with modulation as the simple shop roof ties Into the office portion ending in the dramatic 45 degree entrance gable.. • Exterior lighting will be simple with two pole lights to handle the parking entrance and office lot with accent lighting added to the building that will provide sufficient light to the parking area but not be bright enough to cause the neighbors concern. • Landscaping is denser than the adjacent neighboring dance use and will provide a sufficient buffer to the future development to the south. If you have any questions regarding this application, please do not hesitate to contact me. Respectfully submitted, 4044Z70 Wesley A Steele Architect po box 245 1 eagle, id 83616 1 208 871.7176 1 wes@steelearch.pro 2 �E IDIZ IAy Planning Department DESIGN REVIEW Design Manual Compliance Protect name *Gar?"5 ti). TFile #: Applicant/agent i,ktl c_ Objective: To encourage integrated, functional, and attractive transitional developments that strengthen identity within the City and support urban and mixed-use areas. Staff Y N N/A Design Guidelines Comments2 C-1.1.3.1. Developments should establish an GO*Mq" #A(-01 5f appropriate and compatible transitional development... 5 M �gpf u1 k 5 4><f C-1.1.3.1.1. Develop a master plan for large-scale, t4 phased, and multiple -site proposals to demonstrate... C-1.1.3.1.2. Where appropriate, coordinate with adjacent USO tC 3aAn'.12 ptIYE uses and residential areas, including single -project... C-1.1.3.1.3. Avoid piecemeal and fragmented rjfMtLMI �O C�l�lyf/Jfo development that detracts from the establishment... C-1.1.3.1.4. Reduce and mitigate the impacts from AA04, -fWF fC' proposed developments on adjacent sites as... tIN aj1 fE C-1.1.3.1.5. Mixed-use, large-scale, and multiple -site developments should integrate public space within... C-1.1.3.2. 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, V fife f�je16 �It/97�"�` and infrastructure improvements with the appropriate... C-1.1.3.3 3 Where possible, incorporate and enhance �" 0.1 : tit to009 significant natural features as site amenities and/or... C-1.1.3.4. Appropriately address the critical issues of 'r1 ti %. (� ly(lab site layout that influence development character... rroadways romote the interconnectivity of the community and reduce the impacts that vehicle access points impose on and the physical and visual character of developments. I See corresponding item in the Design Manual forfull text. 2 insert continents or exploitations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 F. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1-25-2010) Staff C -L23.1. Limit direct vehicular access off major roadways, including highways, principal arterials... C-1.23.1.1. Coordinate and combine access points with adjacent sites and uses to reduce or eliminate... 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-1.23.2. 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.Multiple pedestrian routes should F& C( ) GwsTf06 N lA- wfA NIA 3fti 4+09t 0t JOVA(o Ofrrl * N %A N/4 it converge on public and open spaces, such as transit... C-1.2.3.3. Establish intemal site circulation as an CL ( yl�QWae k interconnected network of walkways, pathways. l C-1.2.3.4. Plan for access and connectivity to future 1✓ IA - transit facilities, including, but not limited te... C-1.2:3.4.1. Coordinate with the appropriate agencies �lY�1i1Nf!o and organizations to ensure the successful... C-1.2.3.4.2.3 Provide adequate pedestrian connections y�ti� from public spaces, building entries, and parking... Objectives; To ensure that site organization, including, but not limited to, the placement and orientation of buildings, ice and parking areas, promotes an structures, and public spaces, as well as the location and layout of sery integrated built environment that establishes an appropriate development character- 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 buildings to roadways and the distance between buildings... C-1.3.2.1.3. Large-scale and multibuilding dnvetnnments may nlace buildings away from... he'v "O V) ,� u.•yL IK ?oy5fgce 0i la /, See corresponding item in the Design Manual for fill text. z 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 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org Staff C-1.3.2.1.4.3 Use buildings that incorporate atticulated N /� fagades and architectural elements to anchor site... C-1.3.2.2. Provide clearly defined building entries and A "L ju fo connect them to roadways, pedestrian walkways... C-1.3.2.2.1. Primary building entries should faced 4 E1) 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-1.3,23.1. Organize buildings around public space Qu, key yrs,(, and site amenities to establish destinations that... C-1.3.2.3.2.'Use building fagades, enhanced �1 Gw � rpi fvrm i1 streetscapes, or other appropriate enhancements to... C-1.3.2.3.3. orient public spaces and site amenities A614040 toward roadways adjacent to building entries... C-1.3.2.3.4.3 Spaces designed for courtyards, outdoor N A seating, dining areas, or other such spaces should... C-1.3.2.4. Locate parking toward the interior of the site o &W k9 and integrate parking areas to establish an attractive... C-1.3.2.4.1. Place parking areas away from site A Svrf A5,?bW#fe corners, primarily to the rear and/or side of buildings... C-1.3.2.4.2. Use a parking strategy to minimize the P /A- land area devoted to vehicular parking; include... C-1.3.2.4.3. Distribute parking into smaller areas A _ .t' �Y �{��3� ;mo) N�/►� around, between, and behind structures to shorten the... C-1.3.2.5. Where possible, coordinate the placement of t91WW& S public spaces, site amenities, parking areas, and/or... Mtw} C-1.3.2.6. Locate site services, building utilities, and nrnP 4000 mechanical equipment to enhance the attractiveness... C-1.3.2.6.1. Place and orient service and loading areas, p tWW A mechanical equipment, and utilities away from... C-1.3.2.6.2. Where possible, place service and loading A6 ((W44 areas behind buildings and provide access from... C-1.3.2.6.3.Coordinate the placement of freestanding 1tG��4/f N site services and mechanical equipment to eliminate... C-1.3.2.6.4. Place utility lines underground and away !`J40 Fes^ from planting zones whenever possible. See corresponding item in the Design Manual for fidl text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline nwv help offset norconpliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 9 Website: www.moridiancity.org rking as an integrated element of the built environment and address issues that influence the tl characteristics of parking areas, such as the appropriate location for parking, size of parking erials, landscaping, and screening. Staff n Guidelines t CommentsZ 1.3.1. Parking areas should establish an tpriate circulation pattern for pedestrians and... I 4.3.1.1. Coordinate vehicular and pedestrian NC-1., lation patterns to delineate pedestrian walkways... t.3.1.2. Provide pedestrian connections from N /� i nal circulation to public spaces and adjacent... 4.3.2. Design surface parking as an integrated and, ctive element of the built environment that... 4.3.2.1. Break up parking areas into smaller, �li�ktl'F� rated modules and arrange parking to minimize... circu parking between building fagades and... C-1: N/* ing should avoid long, unbroken parking bays... inter 4*40 , iitectural elements to provide shade, create... A3.2.5.' Shade pedestrian walkways and parking, r uding stalls and drive aisles, with the appropriate... attra is, arcents, or a combination to... C-1: ArA14 d tl% ied lige safe and adequately... sepa N /� street parking to produce traffic calming effects... C-1. N �. luding the design and location, with the... limn C-1. street parking that is integrated with streetscapes... 1.4.3.3.3.' Where on -street parking is provided or�� fn ere vehicles are circulation is directed in front of... _Earl 1.4.3.4.3 Structured parking facilities are encouraged Iv Id7 I should be designed to coordinate vehicular... C-1 arct C-1 incl C-1 wal C-1 sca C-1 on - C -1 me C-- on- C-: wh C- am rking as an integrated element of the built environment and address issues that influence the tl characteristics of parking areas, such as the appropriate location for parking, size of parking erials, landscaping, and screening. Staff n Guidelines t CommentsZ 1.3.1. Parking areas should establish an tpriate circulation pattern for pedestrians and... 4.3.1.1. Coordinate vehicular and pedestrian ft4 lation patterns to delineate pedestrian walkways... t.3.1.2. Provide pedestrian connections from N /� i nal circulation to public spaces and adjacent... 4.3.2. Design surface parking as an integrated and, ctive element of the built environment that... 4.3.2.1. Break up parking areas into smaller, �li�ktl'F� rated modules and arrange parking to minimize... 4.3.2.2. Reduce the depth of parking areas and parking between building fagades and... 43.2.3. The design and layout of internal site N/* ing should avoid long, unbroken parking bays... 4.3.2.4. Use trees, landscaping, hardscapes, and 4*40 , iitectural elements to provide shade, create... A3.2.5.' Shade pedestrian walkways and parking, r uding stalls and drive aisles, with the appropriate... king with berms, landscaping, 4.3.2EeE is, arcents, or a combination to... .4.3.2nd integrate appropriately ArA14 d tl% ied lige safe and adequately... .4.3.3. Where appropriate, incorporate and arrange N /� street parking to produce traffic calming effects... .4.3.3.1. Coordinate the use of on -street parking, N �. luding the design and location, with the... L4,3.3.2.3 Internal roadways are encouraged to use street parking that is integrated with streetscapes... 1.4.3.3.3.' Where on -street parking is provided or�� fn ere vehicles are circulation is directed in front of... 1.4.3.4.3 Structured parking facilities are encouraged Iv Id7 I should be designed to coordinate vehicular... Vn.. ectivel To provide a variety of attractive, usable, and integrated public and open spaces that enhance development character, encourage pedestrian use, and contribute to community life and the positive experience of daily activities. Staff N/A C-1.5.3.1. Design public and open spaces as destinations within individual developments and... I See corresponding item in the Design Manual forfull text. 2 Insert continents or exploitations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline +nay help offset non-compliance with otherguidelines. Pa/A 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org Y N N/A C-1.5,3.1.1. Provide appropriate types and sizes of Comments' Staff public and open spaces, including development... '"kyaw Y N N/A Design Guidehnes' Comments' Staff C-1.5.3.1.2. Clearly delineate the edges of public '"kyaw spaces. Use building fagades, materials, architectural... C-1.5.3.1.3.' Where appropriate, place public and open spaces adjacent or in close proximity to transit,.. C-1.5.3.1.4. Design public spaces to provide visual interest that enhances development character and... C-1.5.3.1.5. Where appropriate, use public and open 4 i spaces as transitions between land uses to promote... C-1.5.3.2. Incorporate pedestrian -oriented amenities i7 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('V to add vertical texture and variety to public... C-1.5.3.2.3. Provide adequate seating that reflects the C-1.5.3.2.3. N nature of the intended activities. Use fixed seating,.. C-1.5,3.2.4.' Introduce public art as an integral part of N J� the public realm. As appropriate, incorporate... C-1.5.3.2,5.' Include decorative details and elements, N /� such as banners, flags, signs, and planters, which... G1.5.3.2.6. Where appropriate, provide pedestrian- N I� scaled light fixtures that provide adequate lighting... C-1.5.3:3. Public and open spaces should maintain ^l pedestrian and user safety and provide secure... 1" 1.6 Landscaping 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. Use an organizational strategy for landscape plantings to promote aesthetic compositions that... C-1.6.2,1.1." Use formal planting arrangements, such "'W40 as regular and linear intervals and geometric patterns... C-1.6.2.1.2.4Use informal planting arrangements, such �tf�1�GY 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 (,W environments and streetscapes. Consider height and... I See corresponding item 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. 4 Appropriately 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 C-1.6.2.2.2.' Landscaping should encourage the appropriate and attractive use of xeric, drought... Y N N/A Design Guidelines' Comments' Staff Design Guidelines' Comments' Staff C-1.6.2.2.3. Incorporate various plants and non- ,► 1, 44 �W'�' C-2.1.3.1. Building designs should appropriately *44 `lfpGCO k vegetative materials that provide groundcover and... address building scale, mass, and form, and the use... Z • er�T C-1.6.2.2.4.3 Use planters and planting arrangements A+ L y C-2.1.3.2. Use fundamental design principles, QGyrku$O that feature seasonal plants, flowers, and ornamental... {-'AIf+'+�"G� including, but not limited to, composition, order... C-1.6.2.3.3 Where appropriate or advantageous to 1LXf,�WrIN% C-2.1.3.3. Design building fagades that express LkV promote pedestrian activity, integrate streetscape... architectural character and incorporate the use of... C-1.6.2.4. Where possible, development should 04 Oji !N C-2.1.3.3.1. Design all appropriate sides of buildings, rL�V coordinate landscaping with adjacent properties to... 2.1 Cohesive Design Objective: To encourage visually aesthetic building designs that promote quality architectural character and establish built environments that are compatible with existing, planned, and/or anticipated adjacent land uses. Y N N/A Design Guidelines' Comments' Staff C-2.1.3.1. Building designs should appropriately *44 `lfpGCO k address building scale, mass, and form, and the use... Z • er�T C-2.1.3.2. Use fundamental design principles, QGyrku$O including, but not limited to, composition, order... C-2.1.3.3. Design building fagades that express LkV architectural character and incorporate the use of... C-2.1.3.3.1. Design all appropriate sides of buildings, rL�V including fagades that face public roadways, public... [nrr C-2.1.3.4. Building design should enhance public and N /* opens spaces, articulate aesthetic character, and... C-2.1.3.4.1. Design buildings to enhance the 1� attractiveness and appeal of developments, define... C-2.1.3.4.2. Where appropriate, incorporate human and ^ pedestrian scale as integral components of the... tum C-2.1.3.5. Use building design and architecture to N /� I promote mixed-use and denser developments as... C-2.1.3.5.1.5 Building designs are encouraged to use vertically integrated structures and/or horizontal... ' See corresponding item in the Design Manual for full text. 2 Insert coutnnents or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset nm -compliance with other guidelines. 5 Incorporating vertically integrated uses may help offset non-compliance tvidt 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 Comments2 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 Pr developments are encouraged to produce innovative,.. Nl C-2.2.2.1.3. Where possible, group or incorporate G r AGl}I rL�Wi fora smaller uses along fagades that introduce modulation... C-2.2.2.2. Design and configure buildings to reduce p _ „,� FIe* 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 nGr %1 proximityto other buildings, including, but not... C-2.2.2.2.3. Where appropriate, establish a hierarchy of 4 building scales that transition from intense to less... f� C-2.2.2.2.4. Building scales along roadways and adjacent to or near urban areas of the community are... �J 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...k/V 2.3 Building Forin Objective: To enhance the visual interest of building designs and promote quality architectural character. Y N N/A Design Guidelines Comments 2 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 fapades that face roadways, N� i public spaces, and pedestrian environments should... C-2.3.2.1.2. Design parking structures as integrated N '' r buildings that are compatible with surrounding uses... C-23.2.1.3. Parking structures should incorporate /� modulations, architectural elements, details.,. N / C-2.3.2.2. Incorporate visual and physical distinctions in the building design that enhance building forms... {' 4 See corresponding item in lite Design Manual for full text. a htsert comments or exploitations relevant to the projects compliance or non-compliance. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 9 Facsimile: (208) 888-6854 • Website: www.meridiancity.org ' See corresponding item in the Design Manual forfidl text. 8 Insert comments or explanations relevant to the projects compliance or nano -compliance. 3 Incorporating this guideline nnay help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 9 Facsimile: (208) 888-6854 9 Website: www.meridiancity.org C-2.3.2.2.1. Use divisions, fenestration, architectural elements, details, accent materials, and human scale... C-2.3.2.2.2. Where building designs incorporate'' / multiple stories, or equivalent building heights... U Y N N/Al Design Guidelines' Comments2 Staff C-2.3.2.2.3. Use horizontal and vertical divisions in t •��v� wall planes to organize fenestration as integrated... C-2.3.2.2.4. Design lower stories to visually anchor A t14 U buildings to the ground or street and appropriately... f C-2.3.2.2.5. Design the uppermost story or fagade wall k0 40 planes to complete the building design. Use articulation... 46* C-2.3.2.2.6. Building designs within designated areas of . I !� the Ten Mile Specific Area Plan are encouraged to use... C-2.3.2.3. Building designs should establish visual N �� connections that relate internal spaces at ground- or... C-2.3.2.3.1. Use architectural elements, such as doors and n windows, details, and materials to articulate building... {4 C-2.3.2.3.2. Facades at ground level should average 40 percent transparency along roadways and adjacent to... Ef 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 nl� J dW f f should provide variation and interest to building... C-2.3.2.5.1. Building designs should incorporate n � t appropriate roof forms with primary and secondary... K 'IN,'s? C-2.3.2.5.2. Where appropriate, modulate and/or articulate roof types, both flat and sloped, with roof... f j7i�rl 2.4 Architectural Elerrients 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/Al Design Guidelines' CommemS2 Staff C-2.4.2.1. Use architectural elements and detailing, n' including, but not limited to, fenestration pattern... C-2.4.2.1.1. Design and articulate architectural N elements using proportions, divisions, detailing... C-2.4.2.1.2. Provide architectural elements and A!i detailing that emphasize human scale throughout the... C-2.4.2,1.3.' Where appropriate, provide building N /* overhangs or other similar features, such as canopies... C-2.4.2.1.4.3 Integrate strategically located elements as n'' & focal points in building designs. Focal elements... ' See corresponding item in the Design Manual forfidl text. 8 Insert comments or explanations relevant to the projects compliance or nano -compliance. 3 Incorporating this guideline nnay help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 9 Facsimile: (208) 888-6854 9 Website: www.meridiancity.org C-2.4.2.2. Building designs should not create blank wall segments along roadways or adjacent to public space... kfl C-2.4.2.3. Organize and locate building service equipment, including, but not limited to, mechanical... f t Y N N/A Design Guidelines' Comments2 Staff C-2.4.2.3.1_ Use integrated architectural elements to Iquego provide adequate screening and appropriately... t�C.iti C-2.4.2.3.2. Screen service equipment at ground level p�� r� 4,Vw from pedestrian and vehicular view to a minimum,.. +T�" I1 C-2.4.2.3.3. Screen service and building equipment that N 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... ' K�"►1 2.5 Nlaterials 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' Comments2 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�U 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... 1 t C-2.52.2.3. Use well -detailed, proportioned, and I, 4e4# (G✓e149 durable materials that will weather and age gracefully... C-2.5.2.2.4. Create interest and variety in fagade design wet to establish attractive architectural character and... Ae u'v C-2.5.2.2.5. Provide pattern, texture, and detail in the "� I� yL building design and distinguish field materials from... l-��40 C-2.5.2.3, Where materials transition or terminate, provide detailing to express the natural appearance... 4641 fit/ C-2.5.2.4. Use colors that complement the use of ��G �k�q-o 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... N C-2.5.2.4.3. Materials or colors with high reflectance, such as metal or reflective glazing, should be... 2.6 Signs St Lighting 'See corresponding item in 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 9 Facsimile: (208) 888-6854 • Website: www.meridimcity.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 N N/Al Design Guidelines' Comment82 Staff N N/Al Design Guidelines' C-2.6.3.1. Where appropriate, use lighting on building � J C-3.1.3. 1. Orient industrial developments, including exteriors to promote safe pedestrian environments... `i'�K04,2 buildings, structures, and site elements, such as work... C-2.6.3.1.1, Coordinate lighting fixture spacing and JJ__ W �i'N C-3.1.3.2. Provide an appropriate architectural design height along streetscapes and roadways to avoid... p for buildings and structures that are adjacent to... C-2.6.3.1.2.3 The use of architectural lighting isl k J ron C-3.1.3.3. Use the placement and orientation of the encouraged to be energy-efficient and easily... building or structure to screen industrial activity... C-2.6.3.1.3. Lighting fixtures used on building t _ , I J Alf 40 C-3.1.3.4. Maintain the required buffers adjacent to non-residential indicated in exteriors should be integrated with building design... uses as the UDC.,. C-2.6.3.2. Signs should be integrated with architectural ` t N A. elements and complement building designs and... C-2.6.3.2.1. Provide signs to identify individual N ^ storefronts, buildings, and uses along roadways... T 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... N C-2.6.3:2.4. Where buildings are brought up close to n roadways, pedestrian environments, and public... !f C-2.6.3.2.5.'Decorative flags and banners should identity I V Ff promote the of place and enhance the... C. URBAN/SUBURBAN DESIGN GUIDELINES 3.0 Specift 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/Al Design Guidelines' Comments Staff C-3.1.3. 1. Orient industrial developments, including ^ '�(V V9 Yip16 buildings, structures, and site elements, such as work... C-3.1.3.2. Provide an appropriate architectural design ^ Acral for buildings and structures that are adjacent to... C-3.1.3.3. Use the placement and orientation of the building or structure to screen industrial activity... C-3.1.3.4. Maintain the required buffers adjacent to non-residential indicated in uses as the UDC.,. ' See corresponding item in the Design Manual forfttll test. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline +nay 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 0 5.2 Residential Uonversions 0"' ctive: To ace odate the adaptive reuse of the existing residence to a commercial use, while maintaining compatibi with the use(s) on adjoining properties. ' To ensure that su esidential to commercial conversions are compatible with the existing character of the original residential us , hile recognizing the need to modify the structure to meet commercial building code requirements. Y N N/A Design Guidelines Comments Staff C-3.2.3.1. Developments that ose the conversion of residential to commercial within d Town should... C-3.23.2. Residential to commercial conv 'ons should use the guidelines from Section C. Desig . C-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 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 0 Facsimile: (208) 888-6854 • Website: www.meridiancity.org AFFIDAVIT OF LEGAL. INTEREST STATE OF IDAHO COUNTY OF ADA i r u 66 (namefq) (city) being first duly sworn upon, oath, depose and say: 1, That I am the record owner of the property permission to: 73 S'Ioc s f rxc' eX" OD described on the attached, and I grant my 7 / &(namci)AO CNC • (address) to submit the accompanying application(s) pertaining to that property. 2• 1 agree to indemnity, 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 r the subject property for the purpose of site inspections related to processing said application(s). 7-1� day of Dated this (Signa urO SUBSCRIBED AND SWORN to before me the day end year first above written. —� o" MURp•,, A 14 p ..•••••.�9 �C'I,4,+ � (Notary Public for lde`o) A'r^try's Gt✓C Residing at: .....G =/ � G ,c My Commission Expires: _ � J,-• .. �. �, p /' •�Yqp.� 11 �� Community Dovelopment a I'Ixnning Division ■ 33 E• Broadway Avenue, Ste, 102 Meridian. 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Address: 573 S LOCUST GROVE RD, MERIDIAN, ID 83642 Save Reset Cancel Help Parcel Detail District Parcel # Parcel Status Primary R5901170070 Enattled v Yes v Lot Block Subdivision 11 MURDOCH SUB NO 02 Terri Ricks Addressing Specialist City of \Meridian Land Development 208-887-2211 tricks@mehdiancity.org RECORDATION REQUESTED BY: WASHINGTON TRUST BANK SOUTHERN IDAHO REGION BUILDER SERVICES 135701 3251 E, PRESIDENTIAL DRIVE MERIDIAN, ID 83642-6009 WHEN RECORDED MAIL TO: WASHINGTON TRUST BANK SOUTHERN IDAHO REGION BUILDER SERVICES (3570) 3251 E. PRESIDENTIAL DRIVE MERIDIAN, ID 83642.6009 ADA IDAHO TY RECORDER081011 III DAVID A I NAVARRO AMOUNT 18.80 8 BOISDEPUTY Lice Irby RECORDED—REQUEST Of 108002264II��������� first American NCS O �Q� �g SPACE ABOVE THIS L'"'EIS FOR RECORDEfl'S USE ONLY DEED OF TRUST THIS DEED OF TRUST is dated January 4, 2008, among Howell -Murdoch Development Corporation, an Idaho corporation, whose address is 4822 N. Rosepoint Way, Suite C, Boise, ID 83713.0953 ("Grantor"); WASHINGTON TRUST BANK, whose address is SOUTHERN IDAHO REGION BUILDER SERVICES (3570), 3251 E. PRESIDENTIAL DRIVE, MERIDIAN, ID 83642.6009 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and First American Title Company of Idaho, whose address is 7311 Potomac Drive, Boise, ID 83704 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor does hereby irrevocably gigot, bargain, sell and convey In vast, with power of sale, to Trustee for the benefit of Lender as Beneficiary, all of Grantor's right, title, and interest in and to the following described real property, together with all existing Or subsequently erected or affixed buildings, improvements end fixtures; ell easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stack in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, Including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Ada County, State of Idaho: Lots 9.11 in Block 2 of Murdoch Subdivision No. 2, according to the plat thereof, filed In Book 83 of Plata et Pages 9159 and 9159, Records of Ada County, ID The Real Property or its address is commonly known as 535 & 573 S. Locust Grove Road; and 1565 E. Watertower Street, Meridian, ID 83642. Grantor presently assigns to Lander (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and Interest in and to all present and future leases of the Property and all Renta from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY. IS GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE, Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Nate, this Deed of Trust, and the Related Documents, POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; 12) use, operate or manage the Property; and (3) collect the Rents from the Property. The following provisions relate to the use of the Property or to other limitations on the Property. THE REAL PROPERTY EITHER IS NOT MORE THAN FORTY (401 ACRES IN AREA OR IS LOCATED WITHIN AN INCORPORATED CITY OR VILLAGE. Duly to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, end maintenance necessary to preserve its value. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition tothe removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter, Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend pliance with the terms and conditions of this Deed of to Lender's Interests and to inspect the Real Property for purposes of Grantor's com Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter Properly, including without limitation, the Americana in effect, of all governmental authorities applicable to the use or occupancy of the With Disabilities Act. Grantor may contest In good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. or leave the Property. Duty set forth above in this section, or agrees which from ther to e character and ase of the Property are reasonablynecessdo aryn ceslother acts, sary to proteid and addition presto those erve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any fight, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land convect; contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any lend trust holding title to the Real Property, or by any other method of conveyance of an Interest in the Real Property, If any Grantor Is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (26%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. However, this option shall not hn nra,r,aod by 1 under n aurh --i.. ie Tr hlhned 6a federal Imo, nr ." IdeFn lu,nr .v Yvuiuuw vY iuuewrvv m ur wmry wv. TAXES AND LIENS. The following provisions relating to the taxes and'li6ns on the Property are part of this Dead of Trust: ng Payment. Grantor fsh el epayiwhen due (and mpon Ions levied n all events prior to against an account f the delinquency) all t8x8andsahell pay when due all claims ecial taxes, for hwo k does ne d on or water and sewer), for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all diene except priority over pr aided to the interest of Lender under this Deed of Trust, exoept for the Ilan of taxes and assessments not due end except se otherwise provided In this Deed of Trust. DEED OF TRUST Loan No: 63386 (Continued) Page 2 Right to Contest. Grantor may withhold payment of any tax, assessment, or claim In connection with a goad faith disputa over the a611gatlon to pay, so long ae Lender's Interest In the Property Is not lecperdlzed If a Ilan arises or Is filed a9 a result of nonpayment, If a Pal G aecunt rerthe disahareeifteen (Ilern), oryii off a' the"on Lender, deposit wtanyh iLendeme,r loeshhIn fona eeen..n)I ntycorpor& nd Lanramld lusty bond onotir otherce of security sy any aetisfeoiory is Lander t en amount auHiclem tp discharge the Ilan plus any oasts end reasonabof Isle attorneys' tees, or other chargee that 1. of the t adveof - lutlgmentrhfore enfotceme tr stainer theoPropertl•.the n Grantor shell namer Lenderhals an additional obllgeeoundeaanylaurary bond furnished in the contest proceedings. actory aEyluthorize the appropriate goveen mmelntel ofilcel to deli fulLeh to Lander atandtanfy tl a avwtttn statement tat me tPaymentot he taxes end assessments against the Property. Notice of Construction. Grantor shall notify Lander at least fifteen (161 days before any work is commenced, any services are furnished, or work, serviices, or materials, Gied to rantor will uplf any on requestlofnic's lien, Lender furnish olLenderlien, or other lion advance assurances sld be asserted on account of the atisfactory to Lender that Grantor can and will pay the cost of such Improvements. PROPERTY DAMAGE INSURANCE. The fallowing provisions relating to Insuring the Property are a pert of this Deed of Trust. aintenance of Insurance. Grantor shall procure and maintain policies of fire Insurance with standard extended coverage endorsements on M e fair value basis for the full Insurable value covering all Improvements on the Real Property In an amount sufficient to avoid application of any coinsurance clause, end with a standard mortga0ee clause In favor of Lender. Grantor shall also procure and maintain comprehensive der may uest with rustee ed as auchrliabllhrytnsurencecpolicish Addiionelly, Grantor ehasureds in 11 maintain such other insurance, being Lender Including but nottlimted additional o hazard, r business interruption, and boiler Insurance, ae Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably ecoeptable to Lender and issued by a company or companiesof Insurance In form satisfactoryle to oto Lander, including stipulationser. Grantor, ,Pon request of that will deliver to Lander from time to time the pollciea or certastIficChia. coverages will not ba cancelled or diminished without at leasf thirty days prior written notice t Lender. Each Insurance policy also shall Include an endorsement provldinB that coverage in or of Lender will not be impaired designated any way by any act, a issionFeder or default of Grantor or any other person. Should the Reel Property be located o ai areaaintainFby the Director of the Federal Emergen45 cy Management Agency ae a speclel flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if avaiprincipal baja within he loeyn and any priori Iinis onthe property securing he to n I up tat he maximuamflood hazard pol policy limits set area, for the full unpaid ndertheNationalFlood Insurance Program, or as otherwise required by Lender, and to maintain such Insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any lose or damage to the Property. Lender may make proof of lose it Grantor fails to do so within fifteen 1161 days of the casualty. Whether or not Lender's security is Impaired, Lender may, at Lender's election, and the eds to the affecting the Property, arlthehe proceeds of any reraration and repair of thayment of any lion e Property.urance and If Lenderelect$ to apply hie proceeds t on of the Indebtedness, tstoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements In a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor Is not In default under this Dead of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or Any of the Property shall be used first to pay any amount owing to Lender under this Deed of de Trust, then to pay accrued Interest, and the remainder, If any, shall be applied t the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's Interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more then once a year, Grantor shall furnish to Lender a report on each existing policy of Insurance showing: it) the name of the Insurer; (2) the rlaks Insured; lin the amount of the policy; expiration the property insured, the then current replacement value of such property, and the manner of determining that value; end ins the ash value date of the policy. Grantor shall, upon request of Lender, have an independent appraiser setiatectory to Lender determine the ash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's Interest in the Property of if Grantor falls to comply with any provision of this Dead of Trust or any Related Documents, Including but not limited to Documents, Grantor's failure to n Grantorger's or ed of I behalfwhen may Ibut shall not be obligated to) take any ats Grantor Is required to ction thatrpay under Lander deemsthis appropriate, rincluding or any tenot olim ted to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all coats for insuring, ,maintaining and preserving the Property. All such expenditures Incurred or paid by Lander for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any Installment payments to become due during either (1) the term of any applicable Insurance policy; or of Trust 12) the al oawill secure payment of these amounts. Such term of the ote; or ( be treated as rightlshall begin addition to alloon pament which ll other rights anl be due and drelmedies t which Le at the Note's m ender may be enturity. The titled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property In fee simple, free and clear of all liens and encumbrances other than those set forth In the Real Property description or in any title Insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender In connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trusts Lander, Detainee of Tltlo. Subjeot to the exception in the paragraph above, Grantor warranW and will forever defend he title to the Property against the lawful claims of all persona. In the event any action or preceeding la oommenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, Grantor shell defend the action et Grantor's expanse. Grantor may be the nominal prey in ouch proceeding, but Lender shall be entitled to participate In the proceeding end to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such Instruments es Lendar may request from time to rima to permit such participallon. Compllenca Wth laws. Grantor warrants thea the Property and Grantor's use of the Property complies with all existing applicable )ewe, ordinances, and regulations of governmental authorities. Survival of Repreaentatlone and Warranties. All representations, warentles, and agreements made by Grantor In this Deed of T shall survive the execution end delivery of this Daed of Trust, shall be continuing In nature, and shall remain In ell force and effect until ouch time as Grantor's Indebtednes shall be paid In Tull. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Dead of Trust: Proceedings. If any proceeding In condemnation Is filed, Grantor shall promptly notify Lander in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party In such proceeding, but Lander shall be entitled to participate In the proceeding and to be. represented In the proceeding by counsel of Its own choice, and Granter will deliver or cause to be delivered to Lender such instruments end documentation as may be requested by Lender from time to time to permit such participation. Appiicstlon of No' Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchae in lieu of condemnation, Lender may at Its election require that all or any portion of the net procethe of the award be ant of to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award atter payment of all reasonable costa, expenses, and attorneys' fees Incurred by Imateb or Lender In connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES By GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Dead of Trust: Current Taxes. Fees and Charges. Upon request by Lender, Grantor shell execute such documents In addition to title Deed of Trust end take whatever other action Is requested by Lender to perfect and continue Lender's lien on the Reel Property. Grantor shell reimburse Lender fr all taxes, as red In ncludingowithout limitationsall rtaxes, fees, documentary stamps, and other charges fore lperfecting cordl goregistering this Deed of of Trust, f Trus . DEED OF TRUST Loan No: 63388 (Continued) Page 3 Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of .Trust; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a lax on this type of Dead of Trust chargeable age!not the Lender or the holder of the Note; and (4) a specific taxonall or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect ars an Event of Default, and Lender may exercise anyorall of he available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Dead of Trust as a security agreement are a part of this Deed of Trust: security Agreement to the extent any of the Property constitutes fixtures, and Security Agreement, This Instrument shall constitute a Lender shell have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security Interest in the Rents and Personal Property. In addition to recording this Deed of Trust In the real property records, Lender may, at any time end without further suthorizetion from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as e financing statement. Grantor shall reimburse Lender for all expenses Incurred In perfecting or continuing this security Interest, Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any to Lender Pwithin three (3) days after not affixed to the receipt of written demand fromin a manner and at a lace Lende reasonably thele tent permitted by applicable lawcan onlent to Grantor and s and make It available and Lender ed from which Information the interest granted by this Dead 'offT Trust may be obtained (each)as required by s the Uniform party) Addresses. The addresses of Grantor Uniform Commercial Code) era as stated nongthe first patge of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this ! Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, of will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and In such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, Instruments of further assurance, certificates, and other documents as may, In the sola opinion of Lander, be necessary or desirable In order to effectuate, complete, perfect, continue, or preserve (t) Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Proporty, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costa and expenses Incurred in connection with the matters referred to in this paragraph. Attorney -In -Fact. If Grantor falls to do any of the things referred to In the preceding paragraph, Lender mayoLender as to lso for and -i the name of ably i rrev pGrantorurpose ofn-fact for the dmaking,at GratorTS expense. For uch executing, delivering, filng,urecording,rantor and do ngball lother things ssmay be necessary ordesl desirable, In Lender's sole opinion, to e000mplieh the matters referred to In the preceding paragraph. FULL PERFORMANCE, If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations Imposed upon Grantor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Grantor, 11 permitted by applicable law. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Other Defaults. Grantor falls to comply with or to perform any other term, obligation, covenant or condition contained In this Deed of Trust ar in any of the Related Documents or to comply with or tq perform any term, obligation, covenant or condition contained In any other agreement between Lender and Grantor. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained In title Dead of Trust, the Note or in any of the Related Documents. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to affect discharge of any lien. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained In any environmental agreement executed In connection with the Property. Default In Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, In favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or perform their: restpective obligations under this Deed of Trust or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lander by Grantor or on Grantor's behalf under this Deed of Trust or the Related Documents Is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. to sees to be In Go aDefectiveny collateral ldocument to crea1te aeed valid andust perfe ted security interest or II n)or any of thRelatednat any time and for only res soand effect (including failure of Insolvency. The dissolution or termination of Grantor's existence as a going business, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, of the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This Includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shell not apply If there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which Is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice amount detertor mined forfeiture Lendproceein ding g anoleds deposits with Lender manias or a surety bond for the creditor or forfeiture proceeding, in o so being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that Is not remedied within any grace period provided therein, Including without limitation any agreement concerning any Indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes a disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at Its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty In a manner satisfactory to Lender, and, In doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender In good faith believes itself Insecure. - Right to Cure. If any default, other than a default in payment le curable and if Grantor has not been given a notice of a breach at the same provision of this Deed of Trust within the preceding twelve (12) months, It may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: (1) cures the default within thirty (30) days; or 12) If the cure requires more than thirty 130) DEED OF TRUST Loan No: 63366 (Continued) Page 4 days, immediately Initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Dead of Trust, at any time thereafter, Trustee Or Lender may exercise any one or more of the following rights and remedies: Notice of Default. In the Event of Default Lender shall execute or cause the Trustee to execute a written notice of such default and. of Lender's election to cause the Property to be sold to satisfy the Indebtedness, and shall cause such notice to be recorded In the office of the recorder of each county wherein the Real Property, or any part thereof, Is situated. Election of Remedies. Election by Lender to pursue any remedy shell not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise Its remedies. Accelerate Indebtedness. Lender shall have the right at Its option without notice to Grantor to declare the entire Indebtedness Immediately due and payable, Including any prepayment penalty which Grantor would be required to pay. Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, In either case in accordance with and to the full extent provided by applicable law. UCC Remedies. With respect to all or any part of the Personal Property, Lander shall have all the rights and remedies of a secured parry under the Uniform Commercial Code. . Collect Rents. Lender shall have the right, without notice to Granfor to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply line net proceeds, over and above Lender's coats, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. It the Rome are collected by Lender, then Grantor Irrevocably designates Lender as Grantor's attorney-in-fact to endorse Instruments received in payment thereof In the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise Its rights under this subparagraph either In person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Renta from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may some without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lander shall not disqualify a person from serving as a receiver. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property Is sold as provided above or Lender otherwise becomes emitted to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property Immediately upon the demand of Lender. Other Remedies, Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or In equity. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time .after which any private sale or other Intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Reel Property. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Property marshalled. In exercising its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, In one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of sale having been given as then required by law, and not less than the time required by law having elapsed, Trustee, without demand on Grantor, shall sell the property at the time and place fixed by it In the notice of sale at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee shall'dellver to the, purchaser his or her dead conveying the Property so sold, but without any covenant or warranty express or Implied. The recitals In such deed of any matters or facts shall be conclusive proof of the truthfulness of such matters or facts. After deducting all coats, fees and expenses of Trustee and of this Trust, including coat of evidence of title and reasonable attorneys' fees, Including those in connection with the sale, Trustee shall apply proceeds of sale to payment of (a) all sums expanded under this Deed of Trust, not then repaid with Interest thereon as provided in this Dead of Trust; (b) all Indebtedness secured hereby; and (c) the remainder, if any, to the person or persons legally entitled thereto. _ Attorneys' Fees; Expenses. If Lender Institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action Is involved, and to the extent not prohibited by law, all reasonable expenses Lender Incurs that In Lander's opinion are necessary at any time for the protection of Its Interest or the enforcement of its rights shell become a part of the Indebtedness payable on demand and shall bear Imerest at the Note rate from the data of the expenditure until repaid. Expenses covered by this paragraph Include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses whether or not there is e lawsuit, Including reasonable attorneys' fees and expanses for bankruptcy proceedings lincluding efforts to modify or vacate any automatic stay or Injunction), appeals, and any anticipated post -judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title Insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court coots, in addition to all other sums provided by low. Rights of Trustee. Trustee shall have all of the rights and dirties of Lender as set forth in this section POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: (a) join In preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; Ib) join In granting any easement or creating any restriction on the Reel Property; and (c) join in any subordination or other agreement effecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obligations to Notify. Trustee shall not be obligated to notify any other, party of a pending sale under any other trust deed or Ilan, or of any action or proceeding in which Grantor, Lender, or Trustee shall be a party, unless the action or proceeding Is brought by Trustee. Trustee, Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to Oil or any part of the Property, the Trustee shall have the fight to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law, Successor Trustee, Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an Instrument executed and acknowledged by Lender and recorded In the office of the recorder of Ada County, State of Idaho. The Instrument shell contain, In addition to all other matters required by state law, the names of the original Lender, Trustee, and Grantor, the book and page where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shell be executed and acknowledged by Lender or Its successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. NOTICES. Any notice required to be given under this Deed of Trust, Including without limitation any notice of default and any notice of sale shall be given In writing, and shall be effective when actually delivered, when actually received by telefaoeimile )unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, If mailed, when deposited In the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lion which has priority over this Deed of Trust shall be sent to Lender's address, as shown neer the beginning of this Dead of Trust. Any party may change Its address for notices under this Dead of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice Is to change the party's address. For notice purposes, Grantor agrees to keep Lender Informed DEED OF TRUST Loan No: 53366 (Continued) Page 5 at all times of Granter's current address. Unless otherwise provided or required by law, if there Is more than one Grantor, any notice given by Lender to any Grantor Is deemed to be notice given to all Grantors. MAINTAINENCE OF CASUALTY INSURANCE. If Grantor at any time fella to obtain or maintain any Insurance as required under this Deed of Trust or any Related Documents, Lender may (but shall not be obligated to) obtain such insurance as Lender deems appropriate, Including if Lender so chooses "single Interest Insurance," which will cover only Lender's interest In the Collateral. AFFIRMATIVE COVENANTS. If the Property Is used for purposes other than Grantor's residence, Grantor covenants and warrants that as long as this Deed of Trust or any Related Documents remain in effect, Grantor Will: Notice of Claims and Litigation. Promptly inform Lender in writing of 11) all material adverse changes in Grantor's or the Property's financial condition, and (2) all existing and all threatened litigation, claims, iifvestigations, administrative proceedings, or similar actions effecting Grantor or Property which could materially affect the financial condition of Grantor or the Property. SURVIVAL OF REPRESENTATIONS AND WARRANTIES. Grantor understands and agrees that in extending Loan Advances, Lender Is relying on all representations, warranties, and covenants made by Grantor in this Deed of Trust or In any certificate or other Instrument delivered by Grantor to Lender under this Deed of Trust or any Related Documents. Grantor further agrees that regardless of any investigation made by Lender, all such representations, warranties and covenants will survive the extension of Loan Advances and delivery to Lender of any Related Documents, shall be continuing in nature, shell be doomed made and redated by Grantor at the time each Loan Advance is made, and shell remain in full force and effect until such time as Grantor's or Borrower's Indebtedness shell be paid in full, or until this Dead of Trust or any Related Documents shall be terminated, whichever Is the last to occur. MISCELLANEOUS PROVISIONS. The fallowing miscellaneous provisions are a part of this Deed of Trust Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties es to the matters set forth In this Deed of Trust. No alteration of or amendment to this Deed of Trust shell be effective unless given In writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year In such form and detail as Lender shell require. "Net operating Income" shall mean all cashreceipts from the Property less all cash expenditures made In connection with the operation of the Property. - Caption Headings, Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to Interpret or define the provisions of this Deed of Trust. Merger. There shell be no merger of the Interest or estate created by this Deed of Trust with any other Interest or estate In the Property at any time held by or for the benefit of Lender In any capacity, without the written consent of Lender. Governing Lew. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Idaho without regard to Its conflicts of law provisions. This Dead of Trust has been accepted by Lender In the State of Idaho. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of ADA County, State of Idaho. No Waiver by Lender. Lender shall not be deemed to hove waived 'any rights under this Dead of Trust unless such Waiver is given in writing and signed by Lender. No delay or omission on the part of Lender In exercising any right shell operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Dead of Trust, the granting of such consent by Lender in any Instance shall not constitute continuing consent to subsequent instances where such consent Is required and In all cases such consent may be granted or withheld In the sole discretion of Lender, Severabillty. If a court of competent jurisdiction finds any provision of this Deed of Trust to be Illegal, Invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, Invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that It becomes legal, valid and enforceable. If the offending provision cannot be so modified, It shall be considered deleted from this Dead of Trust. Unless otherwise required by law, the Illegality, invalidity, or unenforceabllity of any provision of this Deed of Trust shall not affeot the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this, Deed of Trust on transfer of Grantor's Interest, this Deed of Trust shall be binding upon and Inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested In a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Dead of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time Is o1 the Essence. Time Is of the essence in the performance of this Dead of Trust. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Idaho as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used In the singular shall Include the plural, and the plural shall.include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word "Beneficiary" means WASHINGTON TRUST BANK, and its successors and assigns. Borrower. The word "Borrower" means Howell -Murdoch Development Corporation and includes all co-signers and cc -makers signing the Note and all their successors and assigns. Deed of Trust. The words "Dead of Trust" mean this Dead of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security Interest provisions relating to the Personal Property and Renta, Default, The word "Default" means the Default set forth in this Dead of Trust In the section titled'Default". Event of Default. The words "Event of Default" mean any of the events of default set forth in this Dead of Trust in the events of default section of this Deed of Trust. Grantor. The word "Grantor" means Howell -Murdoch Development Corporation Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, of accommodetlon party to Lender, Including without limitation a guaranty of all or part of the Note. Improvements. The ward "Improvements" means all existing and future Improvements, buildings, structures, mobile homes affixed an the Real Property, facilities, additlons, replacements and other construction on the Real Property. Indebtedness, The word "Indebtedness' means all principal, Interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses Incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided In this Deed of Trust. Lander. The word "Lender" means WASHINGTON TRUST BANK, its successors and assigns. Note. The word "Note" means the promissory note dated January 4, 2008, in the original principal amount of 8672,500.00 from Granter to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE, Personal Property, The words 'Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parte, and additions to, all DEED OF TRUST Loan No: 53366 (Continued) Page 6 replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all inaurence Proceeds and refunds of premlumel from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property, Heal Property, The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents^ mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust,security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Renta" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word "Trustee" means First American Title Company of Idaho, whose address Is 7311 Potomac Drive, Boise, ID 83704 and any substitute or successor trustees. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: HOWELL MURDOCH DEt3ELOPMENT CORPORATION vin A. Ho e , Prealden of Howell -Murdoch evelopmant Corporation CORPORATE ACKNOWLEDGMENT STATE OF_--Drf tfO 1 ••• A4Q LAG COUNTY OF_ A 1:) e )SS fiJF l)F IokNO On this ? L- day of buy .VK d ray in the year 20 before me L e notary public In an for. the State of Idaho, personally appeared Kevin A. Howelh President of iYSt� Howell -Mur Development Corporation, known or identified to me for proved to me on the oath of execut the nstrument o t 1, to be n authorized signer of Howell -Murdoch Devsfopmsnt Corporation, the corporation that corp' tion cuted the p w stated the Instrument an behalf of seltl corporation, and acknowledged to me that such Not ry blit for Idaho � Residing et� r Q �- My commission expire, To: REQUEST FOR FULL RECONVEYANCE (To be used only when obligation have been paid in full) , Trustee The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums aecured by this Dead of Trust have been fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Dead of Trust or Pursuant to any applicable statute, to cancel the Note secured by this Deed of Trust (which Is delivered to you together with this Deed of Trust), and to reconvey, without warranty, to the parties designated by the terms of this Deed of Trust, the estate now held by you under this Deed of Trust. Pleaee mail the reconveyance and Related Documents to: Date: Beneficiary:. By: Its: IA]G TOlaep, V�.pil160n Gp. X�IM! fVnW f•4uenu Xe.IM. FY. M,Iquayy, .,O e.IfIfHIMC1N0.1y1.p 10.1Mi1i nrl leg M •_ s 3 9 9# [t i t Ung " L °E'ya sgpa! Fie e a §iaR e 8 m s 2 e� dy o e¢ s .s, `ggaa.rskOffl jH 3 g n_§fie a�§ y �,WIIH g119a wjl' £I gag ke ik Eeg 'x3 w 'M a�3 H 0 g O f y v y Ise €=43sd.:tk"a$�falq 11511 __ OEI . ' gv Aga a$�ez���3�d�a€dsl��1i�1a�eIeEa� Y as �o s �;r x-_ �• 4 `r ,I _ I II m:m ' � I yy I — — I 4 I g I Q I I I I i l l i I Z i l l l I I g l i i i j i j 4 N O Z r 4 5^ 3 4 r Q 7 a �o \ A UP� gaol ) ; -�� % | § ■ ` ) ; -�� 7 ) «,° - - � ! )} � -TIM ^^�§| � b � �w- [ � - �)\ \� Hill � ! * � !- I`111 /11 I ,Sa •4a W I �. i Y.: •in 4 I I I � I k� d u Z j Ia - _j i �II/< \ • �e II C i b1 !IM \thy# x- Fi ( •. ��� IIICYYY O r•• W V i W iY Q yt �Q I -'v�`. I ,IIH "#3 1 i II I 4 i ISI IVi � � pyyp„yy,1p1p[yy IIIIY. g_A� I��1� W � n j j \ tail, � �n[ G� a Z j Q110, III X \ iiM N� - ��3 b 4 g 5s 7 ,'-.Awrvr CHD lot June 12, 2015 To: Blackfish LLC 4647 Fenton Ave. Boise, ID 83714 Jim D. Hansen, President Sara M. Baker, Vice President Rebecca W. Arnold, Commissioner Kent Goldthorpe, Commissioner Paul Woods, Commissioner Subject: MER15-0062 / CZC-15-060 573 S. Locust Grove Rd. Scotts Lawn Service The Ada County Highway District (ACHD) has reviewed the submitted application for the application referenced above and has determined that there are no improvements required to the adjacent streets. The applicant shall be required to: 1. Pay a traffic impact fee. If applicable, a traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a building permit by the lead agency. 2. Comply with all ACHD Policies and ACHD Standard Conditions of Approval for any improvements or work in the right-of-way. prior to the construction, repair, or 3. Obtain a permit for any work in the right-of-way p installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc.). If you have any questions, please feel free to contact me at (208) 387-6335. Sincerely, U D� W Austin Miller Planner I Development Services cc: City of Meridian, via e-mail Stele Architecture (Wes Steele), via e-mail District • 3775 Adams Street • Garden City, to • PH rh J11-1v.,v - .. hdidaho.org Traffic Information This development is estimated to generate g0 additional vehicle trips per day; and 23 additional vehicle trips per hour in the PM peak hour, based on the Institute of Transportation Engineers Trip Generation Manual, g'" edition. Condition of Area Roadways: VPH Traffic Count is based on Vehicles Per hour Functional PM Peak Hour PM Peak Hour Roadway Frontage Classification Traffic Count Level of Service Locust Grove Rd. 135 -feet Minor Arterial 862 Better than "D" -n^ N s4n VPH)- * Acceptable level or service wi a IG Average Daily Traffic Count (VDT): Average daily traffic counts are based on ACHUS most current traffic counts • The average daily traffic count for Locust Grove Road north of Watertower Street was 15,861 on June 25, 2014. Ada County Highway District • 3775 Adams Street •Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 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, 7203.6, 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 enctineer 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 place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org E HD � V91wrN4-1P1Od t9 5"CIPi June 12, 2015 Blackfish LLC 4647 Fenton St. Boise, ID 83714 Jim D. Hansen, President Sara M. Baker, Vice President Rebecca W. Arnold, Commissioner Kent Goldthorpe, Commissioner Paul Woods, Commissioner RE: MCIF15-0033 / MCZC-15-060 / 573 S. Locust Grove Rd. / Scotts Lawn Service PLAN ACCEPTANCE The District has reviewed the building plans for the above referenced project for assessment of impact fees. The District has no comment on the site improvements because all proposed improvements are outside of ACHD right-of-way. If the scope of work changes to include work within the right-of-way, the District will need to review and approve those changes. Requirements Prior to Starting Work 1. Comply with all Standard Requirements of approval. 2. The impact fee must be paid prior to issuance of a building permit. When Ready to Request ACHD Occupancy Sign -Off 1. Call 387-6380 and provide all information as shown in the header of this letter, i.e. the file number, site address, and the name of the project. Please include your name and return phone number. Total Impact Fee due: $38,103.63 ACHD inspection is not required. If you have any questions or concerns please feel free to contact me at (208) 387-6335. Sincerely, Austin Miller Planner I Development Services cc: Project File Steele Architecture County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208 387 6170 • FX 387 6393 • www.achdidaho.org ACHD ff IL co., a -re 5:� Jim D. Hansen, President Sara M. Baker, Vice President Rebecca W. Arnold, Commissioner Kent Goldthorpe, Commissioner Paul Woods, Commissioner June 12, 2015 MCIF15-0033 / CZC-15-060 / 573 S. Locust Grove Rd. / Scotts Lawn Service IF Service Area: Ada County IF Ordinance: #222 New Impact Fee Impact Fee Area (SF) Fee per Unit Total General Office ITE Code: 710 3,443 SF $4,576 /1,000 SF $15,755.17 Light Industrial ITE Code: 110 7,502 SF $2,979 /1,000 SF $22,348.46 **This form must accompany payment of Impact fee** Total $38,103.63 `Note: If assessed, Plan Review Fees must be paid to ACHD prior to paying Impact Fees. Plan Review Fees can only be paid at ACHD. cc: Gary Inselman / Christy Little Administrative Appeals' to initiate an appeal, the applicant must submit an Impact Fee Appeal application (link attached) within thirty (30) calendar days from this impact fee assessment. Reference I.F. Ordinance, sec. 7321.3 hftp://www.achdidaho.org/Forms/Docs/impact_fee_appeal,pdf Individual Assessment of Impact Fees: to initiate an Individual Assessment, the applicant must submit an Individual Assessment application (linkattached) within thirty (30) calendar days from payment of this impact fee assessment. Reference I.F. Ordinance, sec. 7312 http://www.achdidaho. org/Forms/Docs/impact_fee_individual_assessment. pdf ITE Code: Impact Fee Classifications are based on definitions provided by the Institute of Transportation Engineers, Trip Generation Manual 9th Edition in accordance with ACHD Ordinance 222.