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Ten Mile Smiles A-2016-024811 CERTIFICATE OF ZONING COMPLIANCE E IDIAN REPORT ;r DATE: August 12, 2016 TO: Matt L. McAnulty, Neudesign Architecture, LLC FROM: C.Jay Coles, Assistant City Planner SUBJECT: Ten Mile Smiles - CZC, DES - A-2016-0248 OWNER: Primeland Investment Group LLC DESCRIPTION OF APPLICANT'S REQUEST The applicant, Matt L. McAnulty, requests Certificate of Zoning Compliance (CZC) and Design Review (DES) approval of a 4,200 s.f. dental/oral surgery (healthcare) center on 0.467 acres of land in the L -O zoning district. The site is located at 3118 W. Milano Drive. 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 for 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. Business hours of operation within the L -O district shall be limited from 6 am to 10 pm as set forth in UDC 11 -2B -3A4. 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 1I - 3B -14A. Conditions Document 1 Ten Mile Smiles - CZC, DES - A-2016-0248 4. The site plan prepared by neU design on April 7, 2016, labeled A-101, is approved as shown in Exhibit B, with the following revisions required: a. Applicant shall provide a continuous pedestrian walkway (minimum 5' wide) from the perimeter sidewalk to the main entrance of the building per UDC 11-3A-19A3a. 5. The landscape plan prepared by Victory Greens on June 3, 2016, labeled SK -01, is approved as shown in Exhibit C, with the following revisions required: a. Landscape planters shall have at least one tree plus low shrubs, lawn or other vegetative ground cover per UDC 11-3B-8C2d. b. Landscape plan shall be revised to show all current (appropriately labeled) and proposed landscaping. 6. The elevations prepared by neU design on April 7, 2016, labeled A-211 and A-212, are approved as shown in Exhibit D. 7. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 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. Requested revisions shall be submitted with the Building Division submittal. 11. The City of Meridian requires that the owner enter into a Warranty Surety Agreement and post a Warranty Surety in the amount of 20% of the total construction cost for all completed public sewer and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond, and must be in place prior to Certificate of Occupancy. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Services for more information at 208-887- 2211. Ongoing Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 2. The applicant shall comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (Development Agreements Inst. #108101152 & 103097612; PP -04-044; RZ-05-006; FP -05-046). 4. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 5. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 6. The applicant shall have an ongoing obligation to maintain all pathways. 7. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 8. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the Conditions Document 2 Ten Mile Smiles - CZC, DES - A-2016-0248 standards in UDC 11-3A-3. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Division on or before August 29, 2016, 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 August 12, 2017. EXHIBITS A. Vicinity Map B. Site Plan (dated: April 7, 2016) C. Landscape Plan (dated: June 3, 2016) D. Elevations (dated: April 7, 2016) Conditions Document 3 Ten Mile Smiles - CZC, DES - A-2016-0248 A. Vicinity Map Vicinity Map Legend 4 ®iArea of Impact = Parcels-Meddan Print Data: 815(2016 0 0.075 0.15 Miles The inhnnetion shown on this map is comp led hom various sources and Is "bjed to wnstant recision. The City of Meridian makes no Warranty or guarantee as to the content, arcuraey, fin elite". or cempateness of any ofthe data provided, and assumes no legal responsibility br the intonation mnrained on this map. 1r)1'cH0 Conditions Document 4 Ten Mile Smiles - CZC, DES - A-2016-0248 B. Site Plan (dated: April 7, 2016) 3f SRPbn A-101 Conditions Document 5 Ten Mile Smiles - CZC, DES - A-2016-0248 C. Landscape Plan (dated: June 3, 2016) RESIDENTIAL USE _ 4.- IT w-T� ------ QN) �64 m- V � 'Sw 10) 130AWOOP 1941. Or 9) KARL F109125rEp. cipw-6 19 63 b) UPrUWiT 12ARSERMY I OAL Wy SjP3) -q4LVIA PEP.lto 16A i wf.r 1) I)OU r3I I- PINK Wtt-: PIA)b LI4 0 SvIA 4) SM V4LIr-,Y MRPLV 3".. I) CANADA RED CHOKgCkEgg zjG 11 SPP -1N6 -SNOW FIPWORIA4-Cr W (,- I I S 1 t0 IALTI -3TUM - NO F-Akktr) 0 net, design V PARKING STALI-Sli pt44V Rye; V -ro R Y Qr R 6 LFAI 1; ur C CAi c -c 160 1-I CTOR-Y rz 6 tio OFK 1-4 1.. 1 t P"-- > I t\1 t;M In I AV, TA 2,' -? 6 4 2- Bv/ -- g � 8' - qC1 9q Lf%x) W Site 'In = SK -01 I Conditions Document 6 Ten Mile Smiles - CZC, DES - A-2016-0248 Warren Willis 0 net, design Willits-Ande—n Dental ur Site 'In = SK -01 I Conditions Document 6 Ten Mile Smiles - CZC, DES - A-2016-0248 D. Elevations (dated: April 7, 2016) EI—Ii— t.—A E) -.a Enerc. E6VJ1 OnS A•211 EtIeKc, E-Oti.m A-212 Conditions Document 7 Ten Mile Smiles - CZC, DES - A-2016-0248 4�nv�f'n t^O4ntl' EDSf 1 7771 Enerc. E6VJ1 OnS A•211 EtIeKc, E-Oti.m A-212 Conditions Document 7 Ten Mile Smiles - CZC, DES - A-2016-0248 I STAFF USE ONLY: Project name: CIt e S - File number(s): 46- 0-e;_�IE Assigned Planner: co Related files: Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Planned Unit Development ❑ Administrative Design Review ❑ Preliminary Plat ❑ Alternative Compliance ❑ Private Street ❑ Annexation and Zoning ❑ Property Boundary Adjustment ❑ Certificate of Zoning Compliance ❑ Rezone ❑ City Council Review ❑ Short Plat ❑ Comprehensive Plan Map Amendment ❑ Time Extension: ❑ Comprehensive Plan Text Amendment Director/ Commission/Council (circle one) ❑ Conditional Use Permit ❑ UDC Text Amendment ❑ Conditional Use Modification ❑ Vacation: Director/Commission (circle one) Director/ Council (circle one) ❑ Development Agreement Modification ❑ Variance ❑ Final Plat ❑ Other ❑ Final Plat Modification Information Applicant name: W Applicant address: / G f /1 l0 S i City:�;1t IAQ Email State Applicant's interest in property: A Own ❑ Rent ❑ Optioned ❑ Other Phone: �f t.0A C2 ("1 o f tai Bray c i h Zip: �� e(2 - Owner name: L.,)€ I 1 t S ✓ nJc} rG' S c r Phone: Owner address: City: Email: State: Zip: Agent/Contact name (e.g., architect, engineer, developer, representative): PZ f l�A WA Firm name: �11J C u � � r C � a a � r2 � � �T-r= c- Z uec-7._ Phone: Agent address: 7Z5; C: %'ri r i ( Email: )e j 6 tt 4r` de UUe,� i CIc- � rL City: i l�n State: 6 !% Zip:' e(Z Primary contact is: ❑ Applicant ❑ Owner �Agent/Contact Subject Property Information Location/street address:Township, range, section: Assessor's parcel number(s): Total acreage: . q6 _/' Zoning district: G 0 Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 wvw.nieridiancity.ora/planning -1- (Rev. 0611212014) C-. Project/subdivision name: 1AA E L 0 1 General description of proposed project/request: i 1e GAJ Proposed zoning district(s): L -f Acres of each zone proposed: Z Type of use proposed (check all that apply): ❑ Residential 0 Office aCommercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of common lots: Number of building lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3 bedrooms: Minimum square footage of structure (excl. garage): Minimum property size (s.f): Gross density (Per UDC 11-1A-1): Acreage of qualified open space: 4 or more bedrooms: Maximum building height: _ Average property size (s.£): Net density (Per UDC 11-1A-1): Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): Amenities provided with this development (if applicable): Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse ❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other Non-residential Project Summary (if applicable) Number of building lots: Common lots: Other lots: Gross floor area proposed: `7 za> Existing (if applicable): Hours of operation (days and hours): G �f ' a Building height: Total number of parking spaces provided: Authorization Print applicant name: Applicant signature: Number of compact spaces provided: Date: 71 Z1 / % 6 Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org./planning -2- (Reis. 0 611 212 0 1 4) ^I u t 788 MUM9 o to a a m C2 z z m EL mE m m 0 An _$Y s 3854 IoJuaa uoSJapuy sipiM >> o d I I ✓ 110 0oz �= o g o Si RM uaLoM 10 1 N Q y ,� 11 I ,: GO I � li ...hSSZ DRIVE ACCESS ____— __--_____—_—__—_i___--__�.. -- I 1 1 I IA, VI1 I I S I I 9 m Q6 $fie s HE I I ✓ w I I Is s to I I I � 1 y ,� 11 I ,: GO - ,A' , J �i j I�� �' axrroivawm - I 1 $€1 , I i 1 I 1 t of I \ 1 L—�--------- --- ------ � � e TBI M4 m Q6 $fie s HE TEN MILE SMILES MATTHEW McANULTY i NON-RESIDENTIAL STANDARDS I COMMERCIAL DISTRICTS Maintain consistent and contiguous pedestrian environments (X� ( 1.1A across developments. Limit circuitous connections and maintain clear visibility. U I C] I (X 11.1B I Provide pedestrian connections to non -private public spaces. Incorporate architectural features on all sides of a building facade facing: the primary entrance(s) of an adjacent building, IXC (_) (A 1.1C public roadways, interior site amenities, and fagades that are visible from public spaces. See Architectural Elements, Building Form, and Materials sections. 1.1D Buildings must orient, frame, and/or direct pedestrian views to adjacent cultural buildings, parks, and plazas. Design and orient buildings not to impede access. The build - 1.1E Ing should enhance the appeal of open space and pedestrian environments 7/21/16 Comply and adhere with all previously required building design X) 1.2A elements that were included as part of a Development Agree- ment, Conditional Use Permit, and/or other requirements as part of prior approval. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. I P Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org Page 12 DESIGN REVIEW CHECKLIST I NON-RESIDENTIAL COMMERCIAL DISTRICTS I CONTINUED Integrate at least one material change, color variation, or U 1.3A horizontal reveal for every 12 -vertical feet of building facade;' vertical spacing may be averaged over facade. Integrate at least one material change, color variation, or vertical 1.38 reveal every 50 -horizontal feet of building facade; horizontal spacing may be averaged over facade elevation, Note: For a complete list of all Standards, along with photo examples, see the „City of Meridian ArchitecturalStandards Manual, Buildings with rooflines 50 -feet in length or greater must incor- porate roofline and parapet variations. Variations may include step-downs, step -backs, other modulation, or architectural IX� U U 2.1A features such as cornices, ledges, or columns, and must occur in total combination for at least 20% of the facade length. May be averaged over entire facade, but may not exceed 75 -feet without a break. For buildings with fagades longerthan 200 -feet, reduce massing of buildings by grouping or incorporating smaller tenant spaces U 2,113 along the commercial facade, or by incorporating at least one �— significant modulation with depth at least 3% of the total facade length or 10 -feet, and a width in combination at least 20% of the facade length. Within mixed use areas and for all developments along arterial roadways, buildings over 1,000 sgft must provide a minimum 2.11) 20 -foot building elevation to include average parapet height, ridge of a pitched roof, or tower/turret type elements at least 20% in total of overall facade width. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. r i at:ltf:� >> Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org `�� Y IS1 ,NIA � tti # _ .l7esc�ipfion Cestr�litent9 � �8i�ff Physically configure building designs to Ireduce disproportioned' Goal architectural scale relative to adjacent uses. Applies to fagades of 2.20 development along public roads, public spaces, and residential areas. For adjacent buildings with greaterthan 1 -story height disparity (i.e. —two or more stories difference) and within 30 -feet of each other, integrate and align parapet designs, material changes, O 2.2A fenestration alignment, material reveals, or other architectural ^J elements and horizontal articulation, to relate varying building heights to one another. Aligned features do not have to be the same type (i.e. window pattern on one could align with parapet on another). Use pedestrian scale and landscape design elements such as !� 2.213 specialty lighting, awnings, trees or other site elements to visu- ally relate and transition multi -story, buildings (or equivalent) to the ground plane. 1 l Incorporate pedestrian -scale architectural features to support an' aesthetic character that contributes to the quality of the build - Goat Ing design and connectivity with the surrounding environment. T ' Applies to facades in developments: visible from arterial or collector ; 2.30 roadways, adjacent to residential developments facing roadways,; facing an adjacent building's primary building entries, and adjacent' to public spaces. Consistently incorporate at least two (2) architectural features into the building design that are pedestrian scale, to include: U U 2.3A fenestration patterns; architectural elements such as ledges, lighting, or canopies; material or pattern banding; or detailing (see Pedestrian Scale definition). Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. - C El� I I iQ��ots�x D Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org ISO `Y 4■ yr N ,•/n � wicmcui nr;%A, r i6# ._' Mcaac cn wuruvoicaaa. `:, Descr�pta©n. bnnnents staff Incorporate at least one type of the following modulations in the facade plane, including but not limited to projections, recesses, and step backs that articulate wall planes and break up building 3.1A mass. Examples include but are not limited to columns with trim or accent materials, change in finished material depths, building overhangs, and inset features and materials such as false windows or fenestration with architectural accents. Qualifying modulation must be at least 6 -inches in depth, be at least 8 -inches in width or height (whichever is narrowest), and occur in total for 20% of overall facade elevation. For buildings; 3.113 with facades less than 150 -feet, horizontal modulation must occur no less than every 30 -feet. For buildings with facades greater than or equal to 150 -feet, horizontal modulation must' occur no less than every 50 -feet. Design parking structure facades as site integrated buildings, (X1 3.1C meeting applicable Manual standards for Architectural Elements and Material sections. Incorporate visual and physical distinctions in the building design Goal that enhance building forms, articulate facades, identify; entries, integrate pedestrian scale, and visually anchor the building to the 3.20 ground or street level. Applies to building facades visible from a,l public street or public space, and to facades with public entries. 1 For at least 30% of applicable facades use any combination of concrete, masonry, stone, or unique variation of color, texture, or material, at least 10 -inches in height, around the base of 3.2A the building. May alternatively incorporate other architectural features such as ledges, facade reveals, ground level fenestra- tion, raised planters, or landscaping elements within 3 -feet of finished grade. Where building designs incorporate multiple stories, or multiple ( LJ X 3.213 floor height equivalents, integrate at least one field or accent color, material, or architectural feature used on lower stories, on the upper stories. Building designs with multiple stories must provide proportion- (- 3 2C ally taller ground -level facades adjacent to public roadways and public spaces. Provide floor -to -ceiling heights, or floor -to -floor from 10 to 16 feet. In mixed-use areas and for structures greater than four stories, design the uppermost story or facade wall plane to include (-� L� X (-� 3.21) material changes, horizontal articulation, and modulation meeting first story requirements, or include a patio, rooftop garden, penthouse, or strong architectural feature such as a tower element. Note; For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. u Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208,884.5533 or www.meridiancity.org For flat roofs, incorporate primary and secondary roof elements including but not limited to: multiple material types along para- pets, multiple parapet elevations with at least 1 -foot change in I JO (J 3.4A elevation, or modulation of at least 2 -feet in the parapet, such as along entryway overhangs.. Qualifying elements must exist for at least 20% the length of applicable facades. May also incorporate secondary roof types, such as hip roofs along overhangs. For sloped roofs, incorporate at least two of any one roof element, including but not limited to: valleys, ridges, or gables. Qualifying )( —� 3.413 elements in total must exist for at least 20% of applicable fagade , roof area and be visible from the same fagade elevation. May also incorporate other roof styles, such as parapet walls over entryway features. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. C El� �W,I I i� Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or wm.meridiancity,org Use horizontal and/or vertical divisions in wall planes, such as j � U 3.3A ledges, awnings, recesses, stringcourse, molding, joint lines, -� or other material types, to frame and accent 30% or more of total fenestration. Average 30% fenestration for applicable first floor facade, unless (X� C1 – �_ ) 3.31) specified elsewhere. May also meet fenestration alternative (see 3.3E). Big box and buildings in industrial districts may limit applicable facade area to 30 -feet around public entries. Fenestration Alternative: Incorporate doors and windows for at least 30% of applicable first floor facade, or suggest their inclu- sion using faux treatments that incorporate at least two of the C, J 3.3E following: material changes, reveals in conjunction with color or material change, qualifying modulation such as recessed areas,', architectural trellis, awnings and canopies over access areas, detached structures such as pergola, or similar architectural features and details. For flat roofs, incorporate primary and secondary roof elements including but not limited to: multiple material types along para- pets, multiple parapet elevations with at least 1 -foot change in I JO (J 3.4A elevation, or modulation of at least 2 -feet in the parapet, such as along entryway overhangs.. Qualifying elements must exist for at least 20% the length of applicable facades. May also incorporate secondary roof types, such as hip roofs along overhangs. For sloped roofs, incorporate at least two of any one roof element, including but not limited to: valleys, ridges, or gables. Qualifying )( —� 3.413 elements in total must exist for at least 20% of applicable fagade , roof area and be visible from the same fagade elevation. May also incorporate other roof styles, such as parapet walls over entryway features. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. C El� �W,I I i� Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or wm.meridiancity,org Page 16 ARCHITECTURAL STANDARDS DESIGN REVIEW CHECKLIST I NON-RESIDENTIAL COMMERCIAL DISTRICTS I CONTINUED Provide variation in roof profile over facade modulation and/ or articulation over facade material/color transitions. Options (�j 3.4C include, but are not limited to: varying parapet heights; two or more roof planes; continuation of facade modulation through roof lines; dormers; lookouts; overhang eaves; sloped roofs; or cornice work. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org Page 17 ARCHITECTURAL STANDARDS DESIGN REVIEW CHECKLIST I NON-RESIDENTIAL n COMMERCIAL DISTRICTS I CONTINUED rf �� N NfA„�� ID# ' ��. � �' t?escrpfion ;' Cnnnnrtetnts Staff Provide details that emphasize focal elements such as public entries, building corners, or public spaces. Examples include but are not limited to: columns, quoin or rustication, canopies' �XI C) (J 4.1C over entries, lintels, transom windows, or modulation of the roof plane. At least one focal element is required and must be accented with a unique combination of color, texture, materials,, or modulation in the wall or roof plane. 1 Building designs must not create blank wall segments when visible' f Goal i from a public street or public spaces. Consider the treatment at the ( 4.20 base, middle, and top of the facade. Use any combination of standards from Building Form, Architec- (X� 4.2A tural Elements, or Material sections to provide pattern, color, or material variation on all wall segments. Must not exceed 30 -feet' horizontally or vertically without building variation. l Organize building service equipment, including, but not limited to, (� Goal 4'30 utility, service, and mechanical, away from building entries, roadways, public spaces, and where p p appropriate, from adjacent buildings. Use and integrate standards from the Architectural Standards 4.3A Manual to screen and conceal service and mechanical equipment. Landscaping meeting the same intent may also be considered for utility meters and connections. F) E) JO 4.3B All ground level mechanical equipment must be screened to the height of the unit as viewed from the property line. 4.3C All rooftop mechanical equipment shall be screened as viewed from the farthest edge of the adjoining right of way. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual v Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.merldiancity.org 4, Y For buildings with facades that face multiple public roadways (X, U 5.1A and/or public spaces, use consistent material combinations, material quality, and architectural detailing. For all facade elevations visible from public roads, public spaces, primary entrance(s) of an adjacent building, and facing residential IX) 5,16 districts, use at least two distinct field materials, colors, or material -color combinations on the building fagade (see also Material definitions). For facade elevations visible from public roadways and along X �� SAID primary building entryways, incorporate an accent material on the first story. Distinguish field materials from accent materials through pat-' X) U U 5.1E tern, texture, or additional detail visible from edge of nearest roadway. Alternate masonry or material courses with relief from primary plane may count toward this, Where materials transition or terminate, provide detailing to IJ (:) 5.1F express the natural appearance of the material. For example, wrap stone or stone-like products around visible corners to convey the appearance of mass, and not as a thin veneer. Non -durable materials, treatments, and finishes that deteriorate 0 C-) _ xJ SAG quickly with weather, ultra -violet light, and that are more suscep- tible to wear and tear are prohibited on permanent structures. The use of vinyl and ordinary smooth face block, unfinished, colored, or painted, are prohibited as a field materials for building E) J XJ 5.1H facades along public roadways, adjacent to public spaces, and when visible from residential neighborhoods. Smooth face block may be used as an accent material. Untextured concrete panels and prefabricated steel panels are U �J X 511 prohibited as field materials for building facades, except when used with a minimum of two other qualifying field materials and meeting all other standard fenestration and material requirements. U Goal 5.20 Use colors that complement building materials and support innova- i tive and good design practices. Applies to building facades visible I i from a public street, public spaces, and pedestrian environments. � 5.2A Use of subtle, neutral, or natural tones must be integrated with at least one accent or field material. -- 5.2B Use of intensely saturated colors or fluorescence is prohibited as a primary material. May be used as an accent material. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org Materials or colors with high reflectance, such as some metals X) (!J L) 5.2C or reflective glazing, must not redirect light towards roadways, public spaces, or adjacent uses in a way which constitutes a public nuisance or safety hazard. For commercial and traditional neighborhood districts, roll -up and drive-through doors are allowed when integrated into the (XI 5.3A building design, but will -call doors with roll -ups and loading docks are prohibited. Consider material variation and transitions, modulation, and other architectural features and standards for the design. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. 6.1A Lighting fixture spacing and height along streetscapes and roadways must be placed to avoid conflicts with tree plantings. 0 (J 6.16 Use energy-efficient architectural lighting. Use lighting fixtures that are consistent with other decorative hardware on the building. For example, select lighting hardware (XI n 0 6,1C with similar color and shape as other building hardware, use recessed lighting, incorporate uniform spacing, integrate with other accents and reveals, and coordinate specialty lights with predominate architectural features. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. I » Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity,org u Last Modified: 02/12/2016. Questions? 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Broadway Meridian, ID 83642 Re: Ten Mile Smiles — Design Review Buildinq use This project concerns new construction of a building in the Verona Subdivision located on the corner of W Milano drive and N Ten Mile Road, 3118 W Milano Dr. The use of the property will be a two suite building with a dentist and an oral & facial surgery. Both tenants are planned to move in at time of construction. Sincerely, ,4C_J Matt McAnulty AIT neUdesign Architecture, LLC mmcanulty@neUdesignarch.com 725 E. 2nd Street Meridian, IU 83642 a 208.884.2824 a Fax: 208.287.8166 m www.neUdesignARCH.com nes "desig n ARCHITECTURE 7/22/16 Planning and Zoning City of Meridian 33 E. Broadway Meridian, ID 83642 Re: Ten Mile Smiles — Design Review This project concerns new construction of a building in the Verona Subdivision located on the corner of W Milano drive and N Ten Mile Road. The overall appearance of the building is a single story, formal -modern -contemporary design. Vertical and horizontal undulations, clean lines and a restrained color palate, the beauty of the building is maintained as set forth in the guidelines of the Meridian Design Manual. We will address each item below as it might relate to this building: 1. Architectural Character: a. Primary Public Entrances — the main entrance is framed with layered columns and a deep over hang. This helps to create a monumental entrance. b. Pattern Variations - the differences in wall undulations, stucco reveals, bands and colors create a complimentary variety of patterns and combinations. c. Fenestration — there are an abundance of windows that allow daylight to enter into the space. 2. Color and Materials — The building colors are reserved and compliment the adjacent buildings and create a cohesiveness to the design. 3. Site Plan and Building Layout: a. Building Location — will be on the west portion of the site. b. Parking areas — parking will be to the east of the building. c. Street Layout and Internal Circulation — will tie into existing road. d. Pedestrian Walkways and Facilities — new sidewalks will guide people to the building. 725 E. 2nd Street Meridian, ID 83642 ® 208.884.2824 ® Fax: 208.287.8166 e www.neUdesignARCH.com Planning and Zoning City of Meridian 06/15/16 Page 2 4. Cohesive Design - This building is similar in finishes, style and scale to adjacent building within the Verona Subdivision. Connectivity will be created by tying into existing infrastructure. Verona Subdivision is within an area of expansion in the City of Meridian. It is our goal to enhance this area and provide character to make it a great place as it continues to grow. Sincerely, 6 Matt McAnulty AIT neUdesign Architecture, LLC mmcanulty@neUdesignarch.com 725 E. 2nd Street Meridian, IU 83642 m 208.884.2824 a Fax: 208.287.8'166 a www.neUdesignARCH.com STATE OF IDAHO ) COUNTY OF ADA ) wk1 is , 26GS 5czwc� RIM I_av\.<-- (name) T o1 6Lkad®ress) (city) (state) being first duly sworn upon; oath, depose and say: 1. That 1 am the record owner of the property described on the attached, and I grant my permission to: oir cm �/ l kma In 725' —F 2nd %e e t Me r,)A;Ct i.1 10 $36y2 (nam (address) to submit the accompanying application(s) pertaining to that property. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this day of ��) v , 201 e Signature) SUBSCRIBED AND SWORN to before me the day acid year first above written. ®ag®®caS%GA 8& FIs®® r ®®`'4• ••.;y��rl (Notary Public for Idaho) ® STT ; • ® Residing at: Lwotd,1 t �/t3LlG f 4 ®tt',�'•., ,. ®o My Commission Expires:_ '®®® 0F 110 V``®® Conunwiity Development ® Planning Division ® 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 ADA COUNTY RECORDER Christopher D. Rich 2015-117027 BOISE IDAHO Pgs=6 DAWN TRIVOLIS 12/24/2015 11:22 AM PIONEER TITLE COMPANY OF ADA COUNTY $25.00 Recording Requested By and When Recorded Return to: WPA Leasing, LLC c/o Warren Willis ELECTRO141CALLY RECORDED - DO NOT 2655 Sand Hill Lane REMOVE THE COUNTY STAMPED FIRST PAGE AS IT IS NOW INCORPORATED AS Emmett, ID 83617 PART OF THE ORIGINAL DOCUMENT. Jq 7 � 11 �� SPACE ABOVE THIS LINT; FOR RECORDER'S USE ONLY GRANT DEED FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, PRIMELAND INVESTMENT GROUP, LLC, an Idaho limited liability company ("Grantor"), does hereby grant, bargain, sell and convey unto WPA LEASING, LLC, an Idaho limited liability company ("Grantee"), whose address is 2655 Sand Hill Lane, Emmett, Idaho 83617, all of Grantor's right, title and interest in and to the real property located in Ada County, Idaho, legally described as follows: Parcel "A" of Record of Survey No. 8290, recorded as Instrument No. 108051389, Ada County records, said parcel being a portion of Lot 41 and a portion of Lot 46, Block 3 of the Verona No. 3 Subdivision, Book 94 of Plats at Pages 11422 & 11423, recorded as Instrument No. 106002745, Ada County records, said parcel situated in the Southwest 1/4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, is more particularly described as follows: Commencing at a brass cap marking the Southwest corner of said Section 26; thence North 00°21'16" East, formerly North 00°21'49" East, 952.45 feet along the West line of said Section also being the centerline of North Ten Mile Road to a point; thence leaving said West line, South 89°38'44" East, formerly South 89°38'11" East, 109.00 feet to a found 5/8" rebar on the West boundary line of said Verona No. 3 Subdivision; thence continuing along said West boundary line North 00°2 P1 6 " East, formerly North 00°21'49" East, 203.29 feet to the POINT OF BEGINNING; thence continuing along said West boundary line: North 00°21'16" East (North 00°21'49" East) 95.50 feet to a point on the North boundary line of said Verona No. 3 Subdivision; thence continuing along said North boundary line North 86°58'57" East (North 86°59'30" East) 179.31 feet; thence continuing along said North boundary line North 87°45'34" East (North 87°46'07" East) 11.70 feet; thence leaving said north boundary line South 00°21'26" West (South 00°21'49" West) 153.49 feet; thence North 59°11'59" West 31.37 feet; thence North 00021'16" East 31.06 feet; thence North 89°39'36" West 163.64 feet to the POINT OF BEGINNING. Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging to or in anywise appertaining (including, without limitation, all development rights and entitlements, air rights, mineral rights and water and water rights), the rents, issues and profits thereof, and all estate, right, title and interest, as well in law as in equity, except as expressly provided otherwise herein (collectively, the "Property"). TO HAVE AND TO HOLD the Property, with its all and singular appurtenances unto Grantee, and Grantee's heirs, successors and assigns forever. Grantor makes no covenants or warranties with respect to title, express or implied, other than that previous to the date of this deed, Grantor has not conveyed the same estate to any person other than Grantee and that such estate is at the time of the execution of this deed free from encumbrances made or suffered by the Grantor, or any person claiming under Grantor, subject, however, to (i) reservations or restrictions in federal patents or state or railroad deeds or in laws providing for such patents or deeds; (ii) building and zoning regulations and ordinances of any governmental entity; (iii) the lien of real property taxes not yet due and payable; (iv) all easements, rights of way, claims of easements, covenants, restrictions and encumbrances or other matters of record or that would appear from a survey or careful examination of the Property; and (v) those exceptions set forth on Schedule I attached hereto and incorporated herein by this reference. DATED this Z 44 day of , 2015. SELLER: PRIMELAND INVESTMENT GROUP, LLC By: Brian Kondeff, Vice Presiden f daho Trust Bank In its capacity as Trustee of The Edward L. Bews and Shirley G. Bews Living Trust, Member/Manager Primeland Investment Group, LLC GRANT DEED - 2 STATE OF IDAHO ) ss. County of Ada ) On this -2—q day of _l).Q Lt� ;�,t�� a -K_ , 2015, before me, a Notary Public in and for said State, personally appeared Brian P. Kondeff, knwArn or identified to me to be the Vice President of Idaho Trust Bank in its capacity as Trustee of The Edward L. Bews and Shirley G. Bews Living Trust, Member/Manager of PRIMELAND INVESTMENT GROUP LLC that executed the within instrument or the person who executed the instrument on behalf of said limited liability company; and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. IyOTAR.k +0440 J► aVBL1C OF 10•,,,. GRANT DEED - 3 of �SC� Notary Pub ie for ld�n o Residing at Vb,61 %,t 1 i Q My commission expires 1 0 ( 1 1. 2A SCIi) 01111Ii; 1 AYl'Itl)�tla) �XC;I;.P7:101Yt� (inaerl lltll'EM'S approved ecce-pffon8fivin app -oiled f/tl& amumllttmtif yr flt1tT�prf)�Ur'/tiG fJtlliLy% See Attached Exceptions I . Rights or claims of parties in possession not shown by the public records, 2. Encroachments, overlaps, boundary lune disputes, and any other matters which would be disclosed by an accurate survey or inspection of (be premises including, but not limited lo, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. 3. Easements, or claims of ease)tt.ents, not Shown by tine public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, clainns or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. 'faxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices to such proceedings, whether or not slimvii by (lie records of such agency or by the public records. 8, Real property taxes which onay bo assessed, levied Hod extended on any subsequent and/or occupancy roll with respect to improvements cotnnpicted during the year which escaped assessment on the regular assessment roll, which are not yet clue and payable. 9. Sewer charges and special assesstuents, if any, for the City ol'Meridiatn. Email: assessnnent@ixtericliancity.org Ph: (208) 888-4433 10, Liens and assessments of (lie followinng district an(] the rights and powers thereof as provide(] by law. District: Settlers Irrigation District. Pit: (208) 344-2471 1 l . Rights of way as disclosed by available reaps. For: MCMlllan. Lateral Location: Portion of subject property 12, Matters disclosed by Record of Survey Survey No,: 4472 Recorded: December 1.6, 1998 .Instrument No.: 98/20571 Affects: Plat and other land 13. Matters disclosed by Record of Survey Survey No.: 8290 Recorded: May 1, 2008 Instrument No.: 108051389 14, An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein For: Public Right of Way Ease)nent (Sidewalk) In Favor of: Ada County ]-Highway District, a body politic Recorded: October 1, 2004 Instrument No,: 104126101 Affects: Lots 41, 44 thru 46 15, Agreement upon the terms, conditions and provisions contained therein: Between: City of Meridian, a municipal corporation of the State of Idaho and E.L. Bews and Shirley Bews, Husband and wife (Owners) and Pri►neland Development, LLC (Developers) Dated: May 29, 2003 Recorded: Jt►ne 13, 2003 Instrument No.: 103097612 Affects: Plat and other land Addendum Recorded: May 22, 2008 Instrument No.: 108059794 16. Covenants, conditions, restrictions and easements as set forth on the face of the plat. Name of Plat: Verona Subdivision No. 3 Book/Page: 94/11422-11423 Partial Vacation of Easements recorded June 06, 2008 as Instrument Number 108065963. Partial Release of Easement Recorded: March 20, 2008 Instrument No.: 108031872 17. Agreement upon the terms, conditions and provisions contained therein: Between: Lochsa Palls LLC and City of Meridian Dated: December 28, 2004 Recorded: September 19, 2005 Instrument No.: 105007249 Affects: Plat and other land 18. Covenants, Conditions, Restrictions and Easements Recorded: November 27, 2001 Instrurnent. No.: 101124464 Deleting or omitting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent: such covenants, conditions or restrictions violate 42 USC 3604(c). Amendment to said covenants Recorded: March 23, 2005 Instrument No,: 105034627 Amendment to said covenants Recorded: October 25, 2005 Instrument No.: 105160306 19, Covenants, Conditions, Restrictions, Reservations, and Easements Dated: May 15, 2008 Executed by: Primeland Investment Group, LLC Recorded: May 16, 2008 Instrument No,: 108057266 Deleting or omitting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 20. Liens, dues and/or assessments owing the association herein named which may have heretofore attached pursuant to the terms and provisions of covenants, conditions and restrictions imposed upon said premises. Association: Bridgetower Owners Association, LLC ADA COUNTY RECORDER Christopher D. Rich 2015-117028 BOISE IDAHO Pgs=7 DAWN TRIVOLIS 12/24/2015 11:22 AM PIONEER TITLE COMPANY OF ADA COUNTY $28.00 RESTRICTIVE COVENANT THIS/ RESTRICTIVE COVENANT is made and entered into this day of t 2015, by and between PRIMELAND INVESTMENT GROUP, LLC, an 186o limited liability company ("Primeland"), and WPA LEASING, LLC, an Idaho limited liability company ("WPA Leasing"), as successor in interest to WARREN WILLIS, an individual ("Willis"). WHEREAS, Primeland as Seller and Willis as Buyer have entered into a Contract of Sale with an effective date of October 5, 2015 (the "Agreement') for the sale of the property described in Exhibit A hereto; WHEREAS, Willis assigned all his right, title, and interest in and under the Agreement to WPA Leasing by that certain Assignment and Assumption of Purchase and Sale Agreement dated December 15, 2015; and WHEREAS, an integral part and component of the terms, conditions and consideration under the Contract of Sale is this Restrictive Covenant. NOW, THEREFORE, in mutual consideration of the covenants contained herein, and other good and valuable consideration, Primeland and WPA Leasing agree as follows: 1. Description of Benefitted Parcel and Encumbered Parcels. The Benefitted Parcel shall be the property described in Exhibit A hereto. The Encumbered Parcels shall be the four (4) parcels commonly known as 3020, 3042, 3064 and 3086 West Milano Drive, Meridian, Idaho, legally described in Exhibit B hereto. 2. Nature of Restriction. The Encumbered Parcels shall be restricted from uses for operations for general dentistry or oral surgery. This restriction shall apply notwithstanding that such uses and operations shall in whole or in part be legally permitted or conditionally permitted uses or operations under any applicable city, county, or other local governmental ordinance, or other private restrictive covenants. 3. Purpose of Restriction. The purpose of this restriction is to benefit and add value to the Benefitted Parcel. The amount, quantum or value of the benefit to the Benefitted Parcel cannot be determined if the enforcement of this Restrictive Covenant is limited or if this Restrictive Covenant is breached and thus specific enforcement, as outlined in paragraph 6, is necessary. 4. Term of Restriction. The term of this restriction shall commence upon the recording of this Restrictive Covenant in the Records of Ada County and terminate upon the earlier of (1) WPA Leasing no longer owning the Benefitted Parcel or (2) twenty (20) years from the date of recording of this Restrictive Covenant. 5. Covenant Running With the Land. This Restrictive Covenant shall rim with the land and bind and inure to the benefit of the respective owners and assignees of the Benefitted Parcel and Encumbered Parcels, respectively. 6. Enforcement of Restriction. The owner of the Benefitted Parcel shall have the right to seek specific enforcement of this Restrictive Covenant against the owner, lessee, occupant or other right holder or stake holder of any or all of the Encumbered Parcels which right shall include the right for a mandatory injunction, other equitable relief and damages, it, however, being contemplated that damages will be an inadequate remedy and difficult to determine. In addition, the owner of the Benefitted Parcel shall be entitled to recover all of his reasonable attorneys' fees and costs in seeking the enforcement of and the adjudication of any dispute regarding the Benefitted Parcel's rights under this Restrictive Covenant. 7. Counterparts, This Restrictive Covenant may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute a single instrument, and shall be effective upon execution of one or more of such counterparts by each of the parties hereto. Facsimiles or copies of original executed documents shall be deemed an original. IN WITNESS WHEREOF, this Restrictive Covenant has been executed as of the date first set forth above. SELLER: PRIMELAND INVESTMENT GROUP, LLC, an Idaho limited liability company By: Brian Kondeff, Vice President f aho Trust Bank In its capacity as Trustee of The Edward L. Bews and Shirley G. Bews Living Trust, Member/Manager Primeland Investment Group, LLC J BUYER: WPA LEASING, LLC, an Idaho limited liability company Warren Willis, its President RESTRICTIVE COVENANT - 2 C. Enforcement of Restriction. The owner of -the Benefitted Parcel shall have the Tight 'to .seek:-speicific enforcement of this, Restrictive Covenant- against the owner,, lessee, occupant or other right, holder or stake holden of -any or all of the Encumbered Parcels which right shall. include the •right for a mandatory injunction, other equitable relief and damages, it, however, being contemplated. that damages will be an inadequate remedy and difficult' to determine. in -addition, the owner of the Benefitted Parcel shall be entitled- to recover all of iris reasonable attorrieys" fees and costs in seeking the enforcement of and the adjudication.of any :dispute regarding the Benefitted Parcel's .rights under this Restrictive Covenant. 7. • `Counterparts. This Restrictive Covenant)ilay be executed in counterparts, each of which shall be.tdeemed'ai original and all.of which shall constitute a single instrument, and -shall be effective upon execution of one or more of such counterparts by each of the..parties hereto. Facsimiles or copies of original executed documents shall be deemed an original.. IN WITNESS WHEREOF; this .Restrictive Covenant has 'been executed as of the date first set forth above. SELLER: P.RIMELAND INVESTMENT GROUP, LLC, an Idaho limited. liability company By.: Brian'Kondeff, Vice President of Idaho Tr6st Bank In its capacity as Trustee of The Edward .L. Bews and, Shirley G. Bews Living Trust, MembedManager Primeland Investment Group, LLC BUYER: .'WPA. Lri ASING, LLC, an Idaho limited liability company „ Warr r.. Willis, jts. resident STATE OF IDAHO ) ss. County of Ada ) On this 'ZL} day of C,)e. L -e wy loe r- , 2015, before me, a Notary Public in and for said State, personally appeared BRIAN P. KONDEFF, known or identified to me to be the Vice President of Idaho Trust Bank in its capacity as Trustee of The Edward L. Bcws and Shirley G. Bews Living Trust, Member/Manager of PRIMELAND INVESTMENT GROUP LLC that executed the within instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such company executed the same. IN WITNESS WHERF_,OF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. `SttPLY !Oy'••. �uBLtC p , OF tQ��.• STATE OF IDAIIO ) )ss. County of Ada ) Notary Yublic for . of { 1c-, Residing at 'Em, i '�R 11 My commission expires 1 0 1 l On this day of December, 2015, before me, the undersigned notary public in and for said State, personally appeared WARREN WILLIS, known or identified to me to be the President of WPA LEASING, LLC, an Idaho limited liability company, that executed the within instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set in hand and affixed my official seal the day and year first above written. a .43" RESTRICTIVE COVENANT - 3 NOTARY PUBLIC for Idaho Residing at Commission expires: STATE Oh IDAHO' ) County of Ada On this .day of , 2015, before nae, a Notary Public in -and for said State, personally appeared BRIAN P. KONDE FF, known or identified to me to be the Vice President of Idaho Trust Bank an its capacity as Trustee of The Edward L: Bews'and Shirley G. Sews Living Trust, Member/Manager of PRIMELAND INVESTMENT GROUP LLC that executed the within nsta-unient or the person who executed the instrument on behalf of said limited, liability. company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand acid affixed my •official seal the. day and year in this certificate first above written. Notary Public for .Residing at My commission expires.' STATE OF•IDAHO ) County of Ada ) Oh t16 LOday of December, 2015, before me, the undersigned notary public in.and for said State; 'pevso'nally. appeared WAAREN - WILLIS, 'known- or .identified to me to be the President•of WPA LEASING, LLC, an Idaho limited- liability company;'that executed. tlie within instnvnnent or. the person' who. executed -th6 •itistrut hent on behalf of��said limited liability company, and acknowledged to me that such company executed the same. IN WITNESS; WHEREOF, I have hereurito set my hand and affixed my official seal the day and•year first above•writte'n. �,. �j,LA'.R. sit • AH RESTRICTIVE COVENANT - 3 ' N01 ARY B Residing at Connnxussion expires: EXHIBIT A TO RESTRICTIVE COVENANT Legal Description of Benefitted Parcel Parcel "A" of Record of Survey No. 8290, recorded as Instrument No. 108051389, Ada County records, said parcel being a portion of Lot 41 and a portion of Lot 46, Block 3 of the Verona No. 3 Subdivision, Book 94 of Plats at Pages 11422 & 11423, recorded as Instrument No. 106002745, Ada County records, said parcel situated in the Southwest 1/4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, is more particularly described as follows: Commencing at a brass cap marking the Southwest corner of said Section 26; thence North 00°21'16" Fast, formerly North 00°21'49" East, 952.45 feet along the West line of said Section also being the centerline of North Ten Mile Road to a point; thence leaving said West line, South 89°38'44" East, formerly South 89'38'11 " East, 109.00 feet to a found 5/8" rebar on the West boundary line of said Verona No. 3 Subdivision; thence continuing along said West boundary line North 00°21' 16" East, formerly North 00°21'49" East, 203.29 feet to the POINT OF BEGINNING; thence continuing. along said West boundary line: North 00021'16" East (North 00°21'49" East) 95.50 feet to a point on the North boundary line of said Verona No, 3 Subdivision; thence continuing along said North boundary line North 86°58'57" East (North 86°59'30" East) 179.31 feet; thence continuing along said North boundary line North 87°45'34" Fast (North 87°46'07" East) 11.70 feet; thence leaving said north boundary line South 00°21'26" West (South 00°21'49" West) 153.49 feet; thence North 59°11'59" West 31.37 feet; thence North 00021'16" East 31.06 feet; thence North 89°39'36" West 163.64 feet to the POINT OF BEGINNING. RESTRICTIVE COVENANT - 4 EXHIBIT B TO RESTRICTIVE COVENANT Legal Descriptions of Encumbered Parcels I. Property located at 3020 West Milano Drive, Meridian, Idaho, Ada County: Lot 43, Block 3 of the Verona No. 3 Subdivision (Parcel No. R9010670030), records of Ada County, Idaho. 2. Property located at 3042 West Milano Drive, Meridian, Idaho, Ada County: Lot 44, Block 3 of the Verona No. 3 Subdivision (Parcel No. R9010670040), records of Ada County, Idaho. 3. Property located at 3064 West Milano Drive, Meridian, Idaho, Ada County: Lot 42, Block 3 of the Verona No. 3 Subdivision (Parcel No. R9010670020), records of Ada County, Idaho. 4. Property located at 3086 West Milano Drive, Meridian, Idaho, Ada County: Lot 45, Block 3 of the Verona No. 3 Subdivision (Parcel No. R9010670050), records of Ada County, Idaho. 8344632_1 RESTRICTIVE COVENANT - 5 0 00 0 o�r� m d�j� e ��E :0 I I �FI l�n 0 0 �y Iy ala 4I� •I� o� Z @O 41N u'D Q CD € i .' 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